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Minutes 12-03-04 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, DECEMBER 3, 2004 AT 10:00 A.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Mack McCray, Vice Mayor James Cherof, City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mike Ferguson, Commissioner Absent: Carl McKoy, Commissioner Call to Order Mayor Taylor called the Agenda Preview Conference to order at 10:02 a.m. and requested that the record reflect that Commissioner McKoy was out of town and would not be present. I. Openings B. Invocation Vice Mayor McCray will give the invocation. VI. Consent Agenda A. Minutes 2. Regular City Commission Meeting - November 16, 2004 Commissioner Ensler noted that in the minutes, on Page 4, there was a comment made regarding the great amount of glass being used in the new Wilson Center. The glass would be constructed to withstand winds of 140 mph. Commissioner Ensler did not wish to change the minutes, but wanted to comment on the glass usage. Commissioner Ensler pointed out that the new Library and the Fire Station were designed to not only meet the 140 mph standard, but were designed for use as an essential facility as defined by statute. This means that these buildings are stronger than the minimum 140 mph standard for residential use. He questioned if it would be best if the Wilson Center and the new clubhouse for Intracoastal Park were considered Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 "essential facilities" when designing the buildings He also inquired if the Wilson Center could become a place for people to go in the neighborhood in the event of a hurricane. Mr. Bressner responded that when a building is designated an "essential facility" there must be a certain capacity, and he did not feel that the Wilson Center was designed for this purpose. He did feel that any City facilities constructed east of 1-95 should be looked at carefully to make sure they met the basic wind load and exposure level C. Mr. Bressner noted that the glass and frames in the building would have to meet the 150 mph Miami-Dade hurricane impact for windows. In order for the Wilson Center to meet exposure C levels, they would need to find out this information from the engineer and architect. Mr. Bressner asked if the Commission wanted to set a policy that every building that the City built would address these issues and take a position on the design. He had concerns with this because the Wilson Center building is a beautiful design and he would like to first determine if this design would work before making any changes. Mr. Bressner said that staff would bring something back to the Commission. Mayor Taylor was not in favor of having the Wilson Center used as a hurricane shelter, however; he felt that these standards should be applied if a new Civic Center came onboard. Vice Mayor McCray asked Mr. Bressner about the progress of the new policies and procedures for hurricanes. Mr. Bressner responded that the Fire Department completed their assessment and he anticipated receiving assessments from other departments. Staff will be meeting to review the assessments and will bring it to the Commission in January. Mr. Bressner recommended adding this as a future agenda item entitled "Hurricane Design for Public Buildings." VI.C. Resolutions 1. Proposed Resolution No. 04·202 Re: Authorizing the execution of an agreement with the CRA for the water main improvements for the purposes of extending a new water main from the Boynton Beach Boulevard Extension Promenade project across Federal Highway to SE 3rd Street including reimbursement by the City of Boynton Beach for an amount not to exceed $357,427.20 Commissioner Ferguson inquired if the total cost of this project was as stated or was this just the City's portion. Mr. Bressner stated that the $357,427.20 was the utility portion of the costs. He will provide Commissioner Ferguson with the total cost of the project. Vice Mayor McCray would also like to know what the cost was. VI.C.2. Proposed Resolution No. R04·203 Re: Authorizing the amendment to Task Order for Brown and Caldwell to continue Interim Utility Administration Services until February 15, 2005 to allow orientation and assistance to new utility Director. 2 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 Vice Mayor McCray noted that the item also included a request to amend the Task Order by $39,260 to include continued Utility Administration services at 4B hours a week until January 15, 2005. Thereafter, their services would be reduced to 16 hours per week until February 15, 2005. Vice Mayor McCray inquired if the $39,260 included the cost through February 15, 2005, when the new Director would be onboard. Mr. Bressner responded that the total costs are through February 15, 2005, and he anticipated that this would be enough time to orient the new Utility Director; thereafter the services of Brown and Caldwell should not be necessary. Vice Mayor McCray wanted assurances that Mr. Bressner would be the liaison to ensure that the new Utility Director is fully acclimated, and Mr. Bressner said that he would be responsible for this. He noted that the new Utility Director must be a licensed P.E. C.5 Proposed Resolution No. R04-205 Re: Amendment the Lake Diving Contract (R03-019) to permit a one-time allowance of a $250 credit in consideration for the time the course was closed due to Hurricane Frances and Jeanne Vice Mayor McCray inquired why the City had to pay the contractor $250 because they were unable to dive for the golf balls during the hurricane season and was this stipulated in the contract? Mr. Bressner said it was not so stipulated and the contractor is asking for relief. Vice Mayor McCray inquired if the contract would be amended to address this in the future. Mr. Bressner stated that the contract, as amended, would provide for this. Mayor Taylor noted that the contractor pays the City for this service and they are asking for relief from paying $250 because the Golf Course was closed during the two hurricanes. C.6. Proposed Resolution No. R04-206 Re: Appointing a representative to the Palm Beach County League of Cities C.7. Proposed Resolution No. R04-207 Re: Appointing a representative to the Metropolitan Planning Organization C.B. Proposed Resolution No. R04-208 Re: Appointing a representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) C.9. Proposed Resolution No. R04-209 Re: Appointing a representative and alternate to the Multi-Jurisdictional Issues Coordination Forum Mayor Taylor inquired if any member of the Commission wished to change the organization they are now serving on. There was a consensus that the Commissioners wanted to remain with their current organization. 3 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 C.10. Proposed Resolution No. R04-210 Re: Authorizing the Mayor to execute a quit claim deed on behalf of the City to the Deliverance by Faith Church and to accept a similar quit claim deed from the same church for properties located on NE Martin Luther King Jr. Boulevard (10th Avenue) Mayor Taylor explained that this was an exchange of properties to assist the CRA in assembling parcels of land. C.11. Proposed Resolution No. R04-211 Re: Land dedication to satisfy the Park Impact Fee requirements for the proposed Boynton Village Development Project on what is commonly known as the "Winchester" property Vice Mayor McCray inquired what the City was looking for in terms of impact fees. Mayor Taylor responded that the City was anticipating receiving land in lieu of money. Vice Mayor McCray asked how much land was involved. Mr. Bressner responded that the Ordinance requires that the City Commission must decide during the development process whether the City wanted land in lieu of the impact fees. He estimated that the fees for the Winchester property would be approximately $750,000 that would be used to retain land for public open space. Staff would like the Commission to move on this prior to the applicant applying for a building permit that the City wanted land. The amount of land would depend upon the design of the site plan. There is a mathematical formula used based upon the value of the property. If the property were valued at $300,000 per acre, the City would receive in excess of two (2) acres. Under the SMU designation the developer is responsible for providing publicly accessible open space and staff has calculated this to be around 17 to 1B acres. Mr. Bressner pointed out that the Commission would have to make this decision at the meeting. Commissioner Ensler asked if the City knew how much the applicant paid per acre for the property, and Mr. Bressner said that he did not have this information. The applicant would be present at the meeting. D. Ratification of Planning & Development Board Action: 1. St. Gregor~ Armenian Church (SPTE 04-011) - West of Southwest B h Street, South of Boynton Beach Boulevard - Request for a one (1) year time extension of the site plan approval granted on September 2, 2003 from September 2, 2004 to September 2, 2005 4 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 Vice Mayor McCray inquired why the applicant was only given a nine (9) month extension instead of one (1) year. Ed Breese, Senior Planner, stated that staff wanted to encourage the applicant to do more with the property. Commissioner Ensler would be pulling this item. He reported that he met with some residents of Leisureville who have many concerns with the project. Mayor Taylor inquired if it would be appropriate to have a discussion regarding residents' concerns. Attorney Cherof responded that the Commission should limit the discussion to the grounds the applicant presents for requesting the extension. He pointed out that the Commission had already approved the site plan. At the time of the original approval, the public was given an opportunity to speak in opposition to the project. Commissioner Ensler inquired if the Commission did not approve the site plan extension, would the site plan come back for discussion regarding the new issues being raised. Attorney Cherof stated that if the Commission did not approve the extension, the developer would have to come back with a new site plan. Attorney Cherof further pointed out that the issue at hand is not whether the adjacent property owners have concerns, but whether or not there is a justifiable reason for an extension. G. Approve expenditure in the amount of $8,291 from State Law Enforcement Trust Funds to purchase a KIDcard ID photo system and related equipment from Symbology Enterprises, Inc., a sole source provider, and MoreDirect, from State contract Vice Mayor McCray inquired what the purpose was for this equipment and its applicability. Assistant Police Chief Graham responded that this is a program that would be used for fingerprinting and digital photocopying of children to be provided to the parent. Vice Mayor McCray felt it was important that the public was made aware of the many programs that the City offers and he would like the community to be made aware of this. Mayor Taylor recommended including an article about the program in the City's newsletters. Mr. Bressner stated that it could also be included with the City's water bills that have proved to be a successful advertising tool, as well as doing some kind of media campaign. I. Accept the award of the block grant in the amount of $41,130 between the City of Boynton Beach and the U.S. Department of Justice Office to fund taser equipment and in-car printers Vice Mayor McCray inquired how the printers would be utilized. Assistant Police Chief Graham reported that the printers would be used for printing out citations for traffic violations on the spot. 5 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 Mayor Taylor inquired if this item also dealt with purchasing new tasers. Assistant Police Chief Graham stated that it was not. There was an item "H" on the agenda for purchasing the tasers, but it was pulled at the request of Police Chief Gage. Police Chief Gage wanted to review the Department's taser policy before purchasing new ones in light of recent events. Mayor Taylor questioned why the Department intended to purchase different models of the taser and Assistant Police Chief Graham was not certain on this. It would be addressed when the item reappeared on the agenda. VII. Public Hearing A Project: Barr Property (LUAR 04-009) Agent: John Barr, Cornerstone Premier Communities Owner: BMVFL-1, Inc. Location: 1B01 NE 4th Street 1. Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential (1 ST READING OF PROPOSED ORDINANCE NO. 04-090) - TABLED ON 11/16/04 2. Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 04-091 ) TABLED ON 11/16/04 Proposed use: Townhouse community of 180 units B. Barr Property (NWSP 04-013) - 1B01 NE 4th Street -Request new site plan approval for a 1 BO-unit town home development on a 9.8B acre parcel in a proposed PUD zoning district - TABLED ON 11/16/04 Mayor Taylor inquired if these items would be removed from the table. Mr. Breese stated that they would be heard at the second meeting in January 2005. Mr. Bressner inquired if the petitioner and the residents would be informed that the items would not be heard until the new date. Mr. Breese stated that staff would advise them of this. Mr. Bressner pointed out that by looking at the agenda, it is not discernable that the item would be left on the table. Vice Mayor McCray recommended that this be announced at the beginning of the meeting in the event people in the audience were at the meeting for these items. Mayor Taylor will make this announcement. 6 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 IX. City Manager's Report B. Approve an interim water purchase contract with Palm Beach County Utilities for supplemental water purchase up to 5 million gallons per day for up to five (5) years -(Proposed Resolution No. R04) Commissioner Ensler noted that the agenda backup stated that the City must inform the County by the end of next year if the City intended to enter into the long-term contract and asked if a plan was in place to determine this. Mr. Bressner stated that the original notification date was June 2005 and the City requested that it be changed to December 2005. Brown and Caldwell are performing various water analyses to let the City know where the City would stand on its planned water expansion. At that time, the City will be able to determine whether to move forward with the long-term contract or not. Commissioner Ensler requested that the Commission be furnished with a schedule of the City's progress and Mr. Bressner anticipated having this information available in April. X. Future Agenda Items Mr. Bressner requested adding an item that would be titled "Town Square Report 2. The Commission has a workshop scheduled for January 31, 2005 to discuss the Recreation and Open Comp Plan Presentation and he would like this added to that workshop as an additional item for discussion. There was a consensus to move forward with this. Mr. Bressner will inform the consultants of the Commission's wishes. This will be added as Item "J" with a date certain of January 31,2005. Also added to future agenda items will be Item I, as previously discussed, that will be entitled "Hurricane Design for Public Buildings." F. Appointments to Boards (January 2005) Commissioner Ferguson asked what this item pertained to. After discussion, it was decided to remove this from Future Agenda Items. G. City Commission District Boundary Review (January 18, 2005) Vice Mayor McCray asked if staff was on target for this date. Assistant City Manager Hawkins stated that they were. Commissioner Ferguson inquired about the towing contracts. Mr. Hawkins responded that the bid opening took place on Thursday, December 2nd and the Committee will be reviewing the bids over the next two weeks. This will be on the agenda for the second meeting in January. Commissioner Ferguson had an item that he would like included either under "New Business" or "Future Agenda Items" that dealt with the additional homestead exemption 7 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 for needy senior citizens that this Commission adopted by Resolution. He estimated that approximately 200 citizens would be eligible for this additional exemption at a cost of approximately $35,000. He thought that when the Resolution was passed in the summer, it would be included with this year's County tax bills that are issued in November. He noted that this was not the case and questioned why this was not included. Commissioner Ferguson would like the City to obtain a list from the County of those persons eligible for the plan and send them a check for the amount due under this additional homestead exemption. He thought that this would be a goodwill gesture on the part of the City and further it was the intent of the Commission that it be included in this year's tax bills. Commissioner Ensler thought that the Resolution included a date that the exemption would take effect with this year's tax bills. Mr. Bressner pointed out that the Resolution that established the exemption stated that this would take effect for 2005 tax bill and not the 2004 tax bills. If the Commission wanted the City to manually calculate the refunds and prepare checks for eligible senior citizens, they would have to give direction for staff to do so. Commissioner Ensler wanted this to take effect for this past fiscal year, and he was under the impression that this would make the tax bills for October 2004. Mr. Bressner explained that the tax year is a calendar year and does not coincide with the City' fiscal year that begins October 1st. Mr. Bressner stated that when the tax bills for 2005 are issued, the City's exemption, along with the County's exemption, would be included in those bills. Mayor Taylor was against the City preparing manual checks at this point or even getting involved in this process. He explained that people applying for this additional exemption must do so through the County's Property Appraiser's Office. Mr. Bressner explained that the County makes these payments in arrears, so there is a one-year lapse in getting the program onboard. The County has had this program set up one year prior to the City. Mr. Bressner further explained that every City resident that applied for this exemption and received approval for the 2004 program would receive a card asking them if they wanted to participate in the program. Mr. Mummert confirmed that the residents that qualified for the County's program would be receiving this card sometime in March. Mr. Mummert pointed out that the County must receive this information prior to December 1 st. Therefore, the City would not have been eligible to participate in the program this year. He confirmed that the information has been submitted to the County. Their was a consensus not to do anything further with this item for this year and that the City would adhere to the County's timelines. 8 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 X. New Business A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (TABLED ON NOVEMBER 3,2004) Attorney Cherof stated that the item should remain on the table at the request of the company. Commissioner Ferguson inquired if there was a date certain and Attorney Cherof responded that there was none. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-092 Re: Amending Section 10B of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code providing for public hearings before the Building Board of Adjustment & Appeals regarding complaints against contractors for fraud or willful disregard of the building codes Commissioner Ensler asked what the current procedure was in dealing with these complaints. Attorney Cherof explained that if a citizen had a problem, they must file a complaint with the State. B. Resolutions 1. Proposed Resolution No. R04-212 Re: Authorizing amendment to issue tax increment bonds on behalf of the Boynton Beach CRA in an amount not to exceed $19,575,000 to fund capital and redevelopment projects Attorney Cherof requested that this item be clarified to read: "Proposed Resolution No. R04-212 Re: Authorizing the CRA to issue tax increment bonds guaranteed by the City in an amount not to exceed $19,575,000 to fund capital and redevelopment projects." Ms. Prainito will change this language on the agenda. D. Other 1. Approval of proposed settlement for the properties owned by Theodore Ryan and Gerhard Degen 9 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida December 3, 2004 Commissioner Ferguson asked where the lots were located. Attorney Cherof responded that this is the property near INCA that is needed for the Utilities project. He noted that this does not settle, nor compromise, the City's code liens that exist on the property. Vice Mayor McCray requested that staff work with Mr. Andre St. Juste to determine his problems and concerns. Attorney Cherof would be addressing this and will provide a report to the Commission. Mayor Taylor also requested that the City look into the problems involving City resident, Mr. Bob Brown, and to handle them in the same manner as Andre St. Juste. Adjournment There being no further business, the agenda preview conference properly adjourned at 10:51 a.m. City of Boynton ~c:h / ~.- / /-t!~ ATTEST: M' ._ ~<Yn . ~ C, CI"k ¡;"e' '-'. ' ~.... ..- .- '~h../tt~ . ¿ ~--~ . Recording Secretary Commissioner ! ~ (December 9, 2004) 10 U'¡iUpm rrOm-KU~kN ~LLU~AY I~~r~ NTtT '9547&44996 T-G54 PlO2/002 F-m v.~-, !-~UU" d Ruden 2~ EMT BROW"'RD aOVlEVI\RD !.QA: lAUOUO"U!. FLOII:H,^ J!3D1 _.~------ .McC~osky POST OfFrCE IOk 1~ PORT lAUOrUM.LI. FLOft,IDA 313D,2 t'~41521-2..r6 FA);: (9S"' BHO?6 80N¡r.II!.l.USl(fL.¡I{UDEN.COM December 2] , 2004 VIA rACSIMJLE Mr_ Kurt Bressner;Cíty Manager 4!t)' ofBojlIllOn Beach 100 East Boynlon Beach Boulevard Boynlon Beach. FL 33435 R~.. Suspmded-AmmtltÌon("SA'')-¡ðt:lItÙIg in the CUyøfBf1YII~n Betlch (·PrøJec:I" \ Dear Kurt: As you are aware, the City has be£ll considering. whether SA's us!, is consistenl with the ultderly;ng M.I zoning for the prop"ny which they are Intending to locate within. We have also been in discussions with your. City C:ommission 10 share with them info.rmation on llie nature onn" ou,¡;""". and-the;¡- iiJlendëd:\Ule ofthe pro.perty within the M-l zornng. Due to the holidays- we- havc-b=unable-to- me1lt WÎ1lr aIt orth.. !Iected officials. As such, we Me "''-luesting that the City re1Ì'1ùn Û"om achedulingany public discussion oE'Suspendcd AI1imatíon and their in1£nd"ed -use 0 t I1\e l'iH -zoned Property untU ~er Febnlary I. 2005. If Y9n have any qucstion5 or there is a Plobiem with this request, plea5e conlact me immediàtely, Sincerely, ~ BOMie 1. Miskel BLMJ1,.b RECEIVED cc: Susan ro. ~egal, E.q. (via e-mail) Mr. Charles Plall (via e-mail) DEC 29 2004 .James A: C~[, Eaq (via facsimile) CITY MANAGER'S OFFICE F'rL:')'",?..:, RU-OI:'N; Mct:toSKY; SMfTI'f; SCHl1STER 4. RUSSHL. .P.A. CAutA..~· ff.IAVDUtDA'( . ""'1AM1 .. NA.I~!o. ()IU..I f"II)U· I'~y liT, ~LlCtt . S"~-"OTA· Sf.mlC,;IIJftCi . T4tlAl'IAn!! . 1M4P'A. WUT "Ill"" I~ACfo!