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Minutes 01-13-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY, JANUARY 13, 2006 AT10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager Jim Cherot, City Attorney Janet Prainito, City Clerk I. Call to Order Mayor Taylor called the meeting to order at 10:02 a.m. II. OTHER: A. Intormationalltems by Members ot the City Commission Commissioner Ferguson indicated he would have comments. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & C. Presentations: 1 . Proclamations: a. Four Chaplains Sunday - February 5, 2006 Commissioner Ferguson announced the event is on Super Bowl Sunday. Commissioner Ensler responded the event is being held at 3:00 p.m. and noted the Super Bowl starts at 6:00 p.m. 6. Presentation by Mark Hansen, Palm Beach County School Board Member regarding the harassment prevention program including a bullying prevention program tor Boynton Beach schools. Commissioner McCray inquired how long the presentation would last. Mayor Taylor responded about ten minutes. 2 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 10. Presentation by Senator M. Mandy Dawson of a $200,000 grant award from the Florida Department of Environmental Protection under the Florida Recreation Development Assistance Program (FRDAP) to the City of Boynton Beach to fund the renovations to the Wilson Park site and pool area. Mr. Bressner requested if Senator Dawson arrives, the item be moved up. There were no objections to the request. 11. Presentation by the Veterans Advisory Commission requesting support for the concept of memorializing 1-95 as "P.O.W. IM.I.A. Memorial Highway". Commissioner McCray inquired how long this item would take. Commissioner Ensler responded this item already exists in other states. In order to start the process in Florida, the State has indicated the request needs to be made by the local municipality. Accordingly the City of Boynton Beach will make the request. It was noted, Mr. Tom Kaiser, Chairman of the Veteran's Advisory Commission will be present at the City Commission meeting to make the presentation. VI. CONSENT AGENDA: B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 2. Approve a piggyback of Jacksonville Electric Authority Bid#WCS- 123-00 with Insituform Technologies, Inc. of Jacksonville, FL to reline wastewater pipelines adjacent to the "The Crossings" in the amount of $98,500.00. (Table to 2/7/06) Mr. Bressner indicated Item B. could be removed from the agenda or tabled to the following meeting. He explained the issue is whether or not there will be concurrence with the Crossings Homeowners Association by February 7th. There was agreement leave it on the table. 3. Approve a piggyback of Palm Beach County Bid#05-074MP to Way Cool Playgrounds of Delray Beach in the amount of $49,932.77 and to Contract Connection, Inc. of Jacksonville Beach, FL in the amount of $25,354.92 for a total expenditure of $75,287.69 for playground equipment and outdoor furniture for two areas of City. Commissioner Ensler requested clarification on this item. He explained the City already has a playground by the Old School, and the contract indicates the playground will be located by the Civic Center. Mr. Bressner will report back to Commissioner Ensler 2 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 about this. Commissioner Ensler questioned, in light of the problems the City is experiencing with the Wilson Center and Intracoastal Park, whether the City should be spending these funds in this way or spend the monies on projects that the City already approved and will need to fund. Mayor Taylor indicated the request would be reviewed. 4. Approve a piggyback RFP#04-14R of Tamarac, FL for Medical Billing Services with Advanced Data Processing, Inc. (ADPI) of Miami, FL for professional technical and workforce assistance for the ALS transport billing program. This service receives a percentage of account collections (7%). No immediate expenditures are anticipated at this time. (Proposed Resolution No. R06-) Commissioner Ferguson requested that the agenda reflect the fact that this item could increase revenues by $150K - $200K. Commissioner McCray agreed with Commissioner Ferguson' comments. C. Resolutions: 2. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Banyan Cay LLC for the property at 1061 Highland Rd, Lantana, FL. (Ridge Grove Lot #63) Commissioner Ferguson requested a better location map for these types of items. He remarked he is not pulling the item if it is south of Hypoluxo Road. 3. Proposed Resolution No. R06- League of Cities key priority issues. RE: Adopting the Florida Commissioner McCray requested this item be pulled for public comments. 4. Proposed Resolution No. R06- RE: Approving and authorizing execution of an agreement with the South Florida Water Management District (SFWMD) to accept a $500,000 grant for the installation and development of one (1) Floridan Aquifer test well and two (2) Floridan Aquifer dual-zone monitoring wells. Commissioner Ensler requested this item be pulled for comments by staff. He explained this is a great step forward for the City of Boynton Beach as a leader in Palm Beach County. He requested staff speak about how important this item. 3 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 5. Proposed Resolution No. R06- RE: Approving and authorizing execution of Grant Agreement between the City and State of Florida, Department of State, Division of Library and Information Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of $500,000.00. Commissioner McCray requested verification that this is the grant the City went to Tallahassee for and was turned down on. Mr. Bressner replied it was the same grant. Commissioner Ensler had questions about the grant. He requested an explanation between differing language in the back-up documents and the application as it pertained to construction and furniture and equipment expenditures. He had additional questions on Items D, F, I and L of the grant agreement and specifically how they are to use the funds. Library Director, Virginia Farace clarified equipment and furnishings are considered part of construction and are a state requirement to ensure the building is not a "shell". She explained $500K was designated for furnishings and equipment, when the budget for the grant agreement was submitted. She elaborated the total budget for the library includes furniture and equipment. Commissioner Ensler announced he would not want to see the City in a position of being forced to spend $500K if it is unnecessary. He requested verification that if the entire $500K isn't spent on equipment and furnishings, they would still receive the entire $500K amount. Ms. Farace and Attorney Cherof responded they would. Ms. Farace further clarified the first application indicated the final product would be an equipped and furnished building and the $500K was the amount the City Commission intended to use for that purpose. She explained if the equipment expenditure were less than the $500K, the City would still receive the full $500K grant. Ms. Farace explained the reason why the documents need to be signed and returned is because Tallahassee is now in the process of reviewing applications for open documents and will reallocate the funds. 6. Proposed Resolution No. R06- recommendations. RE: Approving Pay Plan Commissioner Ferguson requested the item be pulled. Commissioner McCray also requested the item be pulled. He had received correspondence from Debbie Lytle and wanted the issues addressed. Mr. Bressner explained the letter from Ms. Lytle included some issues that were not part of the pay study, and some portions were. He explained he would have a response to issues raised on page two of her letter, pertaining to specific questions regarding the results of the pay study. The other items listed in her letter were outside the scope of the pay study. Mr. Bressner expressed his hope the 4 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 City Commission would not delay the review of the study due questions that were not part of the original scope of work. Commissioner McCray indicated he wasn't recommending the item be delayed, and was fine with the proposed study. He elaborated he wanted the issues addressed for the Commission. Mr. Bressner will provide a follow up report but it was unlikely it would be ready by Tuesday. D. Ratification of Planning & Development Board Action: 1. United Way of Palm Beach County, Inc. (MSPM 05-010) Request for a major site plan modification to construct a one-story 5,000 square foot office building adjacent to the existing 16,393 square foot office all on 6.22 acres zoned PID. Commissioner Ensler will pull this item as a quasi-judicial item. 2. Bellamy Heights (ZNCV 06-001) Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of 3 feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance pf 650 square feet) for a proposed single-family residence within the R-1-A Single-Family zoning district. (Not heard by the P&D; to be postponed to the January 24, 2006 P&D meeting and February 21, 2006 City Commission Meeting) This item was tabled at the Planning and Development Board. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Owner: Location: Description: Rapido Rabbit Carwash (CO US 05-004) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Ave; approx. 275 feet north of SW 30th Ave. Request for Conditional Use and Site Plan approval for a 4.595 square foot automated car wash facility and related site improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled to 2/7/06) 5 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 Attorney Cherof announced he had spoken with Mr. Weiner who requested this item remain on the table until the second meeting in February since there will not be a full Commission meeting on February 7,2006 x. FUTURE AGENDA ITEMS: · Commissioner McCray asked that a Cellular 911 Dispatch issue be placed on Future Agenda Items for discussion and public involvement. Mr. Bressner explained the calls, at present, go to the County and not the City of Boynton Beach. There are some technologies and interlocal issues involved. He indicated the Florida League of Cities is involved in this issue as well. Commissioner Ensler relayed his experience with a neighbor and a 911 call he made from his cell phone. · Mr. Bressner announced the Commission would be participating in Palm Beach County Days, which conflicts with the first City Commission Meeting in March. He asked if the City Commission wanted a special meeting or whether to move the meeting to February 28, 2006. There was discussion that some of the Commissioners are leaving on Tuesday at noon, and others are leaving on Monday. Commissioner Ensler questioned if it was meaningful enough to have two Commission meetings in a row. Mr. Bressner responded he thought it would, and detailed there would be some business items and zoning issues coming up. There was consensus to have a meeting February 28. · Mr. Bressner also reminded the Commission there is a special meeting to consider the issues before the South Central Regional Wastewater Treatment and Disposal Board, (SCRWTD Board). The Commission will meet immediately after the SCRWTD meeting. It was also determined there would be a quorum for the meeting. · Commissioner McCray suggested adding a Future Agenda Item pertaining to generators for gas stations. Mr. Bressner said that would be addressed under Future Agenda Items, Item G. · Mayor Taylor announced he was approached by several individuals regarding the City's Ordinance as it pertains to the adult entertainment establishments. Mayor Taylor indicated there is an ordinance in Oregon, which has been challenged and has stood up in court. Attorney Cherof has a copy of the ordinance and will review it to determine if any changes to the current City Ordinance are needed. · Commissioner McCray brought up the incident in Delray Beach where gunshots were fired into the air and the bullets injured residents. Mayor Taylor noted the City of Delray is reviewing the issue. Commissioner McCray requested an item be placed on the Future Agenda Items regarding this issue. 6 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 F. Capital Improvement Budget Review - February 2006 · Commissioner Ensler thought the item would warrant an extensive discussion. He asked whether hearing this item would be appropriate at a City Commission meeting. Mr. Bressner responded he would like to begin the item at the Commission meeting and then take the meeting offsite if necessary. There were no objections to hearing this item on February 28, 2006. · Mr. Bressner indicated another Future Agenda Item pertaining to the City's Pension Consultant Report is needed. He explained the matter was originally planned for February 7,2006. The Pension Consultant, however, will not be able to meet with the Commission Members individually before the meeting. He suggested moving the report to February 28th. The report would be given to the City Commission by the end of this month. There was consensus this was acceptable. There was discussion that the February 28th meeting would be a short meeting. XI. NEW BUSINESS: A. Status Report on the potential of establishing a policy for affordable housing within the CRA. Attorney Cherof addressed this item. He explained he would provide a report to the City Commission, which would be an overview of what the legal basis would be for establishing affordable housing policies. He explained the policies have not been defined and thought public input would be beneficial. Commissioner McCray requested the definition of "affordable" be included in the report. Commissioner Ensler announced Mr. David Zimet wants to address this issue. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-073 RE: Approving the declaration of a local "Housing Emergency," with a means of allowing for the temporary placement of FEMA travel trailers and mobile homes on private property in the City. Commissioner Ensler had a question relating to procedures and the requirements for these units as they related to utilities. Mr. Bressner responded the units receive a Certificate of Occupancy, after all the utilities, strapping, stabilizers and the trailers are inspected. Commissioner Ensler requested that procedure be outlined and the language be incorporated into the Ordinance. 7 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 3. Proposed Ordinance No. 06-002 RE: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LCR) and Commercial High Intensity (CH) (Palm Beach County) to Special High Density Residential. (SHDR) (Gulfstream Gardens Phase II LUAR 05-012) Commissioner McCray asked if the site plan was ready. Planning and Zoning Director, Mike Rumpf responded the items are ready to go. 8. Proposed Ordinance No. 06-007 RE: Abandoning the southwest corner of Lot 6 of "Killian's Park"; thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. (Palm Cove ABAN 05-008) a. Palm Cove (NWSP 05-031) Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district.(Tabled on 1/3/06) Commissioner McCray had questions regarding this request. Mr. Rumpf responded those items were tabled on the first reading so the site plan could be approved concurrently with the second reading of the Ordinances. It was noted all the items would be heard together. Mayor Taylor clarified they will be voted on separately. B. Ordinance - 1 st Reading 1. Proposed Ordinance No. 06- quasi-judicial items on agenda. RE: Placement of Commissioner Ensler indicated they changed the procedure regarding the timing of when items come from the Community Redevelopment Agency and Planning and Development Board, to the City Commission. He pointed out the language in the Ordinance is written in the reverse. Attorney Cherof will correct this. D. Other: 1. Approval of proposed settlement for the property owned by Frank Janots. Mr. Bressner gave a brief overview of this item. He explained the acquisition of this property is the last remaining parcel in the INCA Stormwater Management Project. He recommended settling the purchase of the property, based on an offer to purchase made to another property owner to avoid going to trial. The City recalculated the cost of 8 Meeting Minutes Agenda Preview Boynton Beach, Florida January 13, 2006 the acquisition and of going to trial, and determined the City would be saving money by settling the matter. Attorney Cherof announced this is the last acquisition for this project. The previous acquisition involved Mr. Bob Brown who was asking $2M - $3M for his property. The City offered $154K during settlement negotiations. Ultimately Mr. Brown was awarded $80K which is less than the $99K the court originally ordered the City to pay into the court registry. When this matter is settled, the difference in the amount of $19,000 plus interest would come back to the City. Mayor Taylor understood the matter was going to be appealed. XIV. ADJOURNMENT There being no further business, the meeting adjourned at 10:35 a.m. City of Boynton Beach ~~~r- r(jyor I ATTEST: /, ') / ;~I/ j' , ;" f> ///; ,-;:(,{ ,'I- {, {( I.- ", ity Clerk/ ~/~1jl dUll /,'J/ -~JUj:{.~ }J ,tlj) Recording Secretary" J ! ",/""'- / ( C ssioner /? 2~,L~ ~,/ /- ~ C~missio"ner /ZA.A--. C .7 -P . ~I. -tommissioner ! ~ 9