Minutes 10-29-04MINUTES OF THE AGENDA PREVIEW CONFERENCE
HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA
ON FRIDAY, OCTOBER 29, 2004 AT 10:00 A.M.
Present
Jerry Taylor, Mayor
Mike Ferguson, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Mayor Taylor called the meeting to order at 10:08 a.m. and announced that the Regular
Commission Meeting of December 21,2004 has been cancelled.
ADMINISTRATION OF OATHS OF OFFICE/REMARKS
Commissioner McCray said, in the past, the Oath of Office for elected officials was
administered after the Supervisor of Elections certified the results. He asked if the
Oaths of Office and selection of Vice Mayor should take place at the second meeting in
November. City Clerk Prainito reported that the City did not conduct an election;
therefore, no certification would be received. According to the City's Code,
Commissioners take office at the first regular or special Commission meeting following
receipt of certified election results. Commissioner McCray suggested amending the
Ordinance to read, "the first meeting in November or thereafter."
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS
Commissioner McCray reported that there were several events planned which needed to be
adverUsed.
II1.1
Boynton Veterans Council Veterans Day Ceremony - November 7, 2004,
at 2:00 p.m. at Intracoastal Park
111.2
Veterans Day Celebration at St. John's Missionary Baptist Church, 900
North Seacrest Boulevard on November 11, 2004, at 1:00 p.m.
These items were added to the agenda.
VI. CONSENT AGENDA
VI.B.3 Approve a sole source purchase from DATA FLOW SYSTEMS of
Melbourne, Florida for the purchase of telemetry repair parts for wells and lift
stations in the amount of $50,000.00
Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
October 29, 2004
Commissioner Ensler asked how the City made certain that it received a fair price on
sole source purchases. City Manager Bressner responded he would send
Commissioner Ensler a faxed response.
Commissioner Ensler asked if the City included a favorite buyer clause stating that no
price would be received higher than other buyers. Also, he inquired how the City would
be informed that the price was fair, and how would the prices be compared to other
sources. City Manager Bressner said Data Flow Systems was the only provider of
hardware and software used on the City's telemetry system. He suggested the
Purchasing Department verify if the purchase was from a piggybacked contract, and the
Finance and Utilities Departments research if Data Flow Systems bid on another
jurisdiction's contract.
VI.C.1 Proposed Resolution No. R04- Re: Authorizing the
execution of Task Order No. U04-6-01, in the amount of $176,200.00 to Craig A.
Smith and Associates {CAS) to provide professional technical services to develop
the initial working model of a new, working Utility Atlas for the City's service area
Vice Mayor Ferguson stated, according to the backup material, CAS would complete
the project in nine months instead of 36 months. He asked if there was a time factor for
completion. He also asked if the City could hire someone in-house instead of hiring a
consultant. City Manager Bressner said the City required utility outlets that would be
helpful for development reviews and verifications of water and sewer capacity. He
suggested pulling this item from the agenda for further review. The consensus was for
the item to be pulled from the agenda.
VI.C.11. Proposed Resolution No. R04-194 Re: Approving and adopting
an interim pay plan for new and/or pending positions for FY2004-2005 budget
Vice Mayor Ferguson asked for an explanation on the classification and compensation
study. City Manager Bressner said the interim pay plan was included as part of the
budget. The pay plan and other employment positions were moving forward.
V.I.D. Ratification of Planning & Development Board Action:
Berry Veal (SPTE 04-009) - 1421 Neptune Drive - Request for
one (1) year time extension of the site plan approval granted
on August 3, 2003, from August 3, 2004, to August 3, 2005
Serrano Beach (SPTE 04-010) - Quarter mile west of Congress
Avenue; south of Golf Road - Request for a three (3) month time
extension of the site plan approval granted on August 5, 2003,
from August 5, 2004, to November 5, 2004 (The Planning &
Development Board granted approval of a five (5) month time
extension to 1-05-05)
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Agenda Preview Conference
Boynton Beach, Florida
October 29~ 2004
Commissioner McCray asked if the City could eliminate granting time extensions when
they occurred more than once per year. City Manager Bressner said the Code provided
for one-year extensions. Therefore, the Code would have to be amended to provide for
one time extensions. An applicant was allowed to ask for an extension of time based on
extenuating circumstances. Commissioner Ensler asked if an applicant was required to
provide a reason for the extension request.
City Attorney Cherof said staff was responsible for obtaining data from applicants
supporting the extension, but granting time extensions was at the Commission's
discretion.
V.I.J Approve the "THE PLAZA AT BOYNTON" record Plat conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr.,
(City Engineer and Surveyor & Mapper)
City Manager Bressner announced this item was a walk-on item.
application was on file, but inadvertently missed the deadline.
November 16, 2004 meeting would cause a hardship.
The developer's
Waiting until the
Xl. NEW BUSINESS
A Discussion of Suspended Animation, Inc. (proposed use for zoning
verification)
There was discussion by the Commission on the research and development as well as
the case law of Suspended Animation, Inc. City Attorney Cheref said he would be
prepared to expand more at the November 3, 2004 Commission meeting. He said, if
the applicant attended the Commission meeting to support the backup through
testimony, the City would make a notation on the occupational license. If the City then
discovered Suspended Animation, Inc. was promoting or advertising some related
service activity, the City could revoke its occupational license.
XlI.D. Other
Mayor Taylor said the Florida League of Cities requested he record a phone message
regarding the County's annexation issue. If he agreed, the message would be sent to
voters' home phones stating that the Boynton Beach City Commission was against the
annexation item on the ballot. The Mayor said he could not agree to the recording
unless all the Commissioners agreed.
City Manager Bressner explained in detail the County's referendum question. He said,
if the County did not change its Comprehensive Land Use Plan, the referendum would
not impact any future annexation into the City of Boynton Beach.
Commissioner McKoy said the Florida League of Cities had a concern because the
County had not yet written its amended charter ordinance which would dictate the urban
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October 29, 2004
service areas. If the referendum question passed, the County could change its urban
service area boundaries; therefore, there was no guarantee where the boundaries
would be located.
The consensus of the Commission was for Mayor Taylor to provide a recording stating
the City of Boynton Beach was against the County's annexation referendum.
XlV. Adjournment
There being no further business to be discussed, the Agenda Preview Conference
adjourned at 10:40 a.m.
ATTEST:
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