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Minutes 12-29-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD AT BOYNTON BEACH CITY COMMISION CHAMBERS ON FRIDAY, DECEMBER 29, 2006 AT 9:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Commissioner Jose Rodriguez, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Absent: Bob Ensler, Vice Mayor CALL TO ORDER: Mayor Taylor called the meeting to order at 9:02 a.m. tD.l. Additions, Deletions, Corrections Mayor Taylor advised the Proclamation for Martin Luther King, Jr. Day would be added to the agenda as III.C.1.a XIII.B. Follow-up discussion on site plan for Ocean 95 Industrial Project Mayor Taylor assumed a decision was all that would be required. Mr. Bressner inquired if any additional information or explanation would be needed. He reviewed the available options. Commissioner Rodriguez requested clarification on the process for acquiring the one property. Mr. Bressner explained normally a negotiated purchase of the property within the guidelines outlined in the staff report would be attempted. If the property owner did not agree, a legal determination of public purpose for taking of the property would be pursued requiring a resolution by the Commission to proceed with eminent domain. Regardless of the option chosen, the developer would be seeking approval of the site plan. Mayor Taylor and Commissioner McCray advised they were prepared to make a decision and had all the information they required. V.A. Appointments to be made: I III II Ensler Rodriguez McCray Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Alt Reg Reg 1 yr term to 4/07 Tabled (3) 3 yr term to 4/07 3 yr term to 4/08 Tabled (2) Mayor Taylor explained there was an applicant for the Recreation and Parks Board and suggested precedence should be given to the regular appointments. He emphasized the choice was entirely up to the Commissioners with the appointments. 1 Minutes Agenda Preview Conference Boynton Beach, FL December 29, 2006 Commissioner McCray noted he would appoint the applicant if Commissioner Rodriguez declined. V1.B.l.Award a piggyback with Contract Connection in the amount of $56,103 for purchase and installation of play equipment in the Southeast Neighborhood Park based on a contract with Palm Beach County Playground and Park Equipment Contract #05074A. VI.B.2.Approve a piggyback with Davco Electrical Contractors Corp. (Davco) in the amount of $51,650 for construction of the electrical element of the development of the Southeast Neighborhood Park based on a contract with the Palm Beach County School Board, Contract #06C-411. Commissioner McCray requested the address for the Southeast Neighborhood Park be added to the agenda for informational purposes. V1.B.3.Approve utilizing the Florida State Contract #600-760-00-1 issued to Pitney Bowes for the purpose of entering into a four (4) year lease agreement for a new DI950 Folding and Inserting System at a cost of $56,284.32 with a one (1) time installation and training cost of $1,186 for a total cost of $57,470.32. (Proposed Resolution No. 07-) Commissioner McCray asked if the contract included service and repairs. Bobby Jenkins, Assistant Director of Financial Services, responded the contract did include service. VI.C.l.Proposed Resolution No. 07- RE: Removing the "cap" on the Land Acquisition Trust Fund to allow state agencies and local governments to have available funding for critically needed land acquisition and management funding. Commissioner McCray requested an explanation of the intent of the resolution. Mr. Bressner advised the State places a cap on distribution of the funds and any surplus is held in the State General Fund. The policy statement in the resolution to the State legislature requests the State utilize the funds for their intended purpose only. V1.C4. Proposed Resolution No. 07- RE: Approving and authorizing execution of Scope of Services (Appendix A) for the 2007-08 Fire Assessment Work Plan with Government Services Group, Inc., at a cost not to exceed $25,300. Commissioner McCray asked when the fire assessment had commenced. Mr. Bressner replied the last year would be September 2007 to October 2008. V11.A. Approve payment of settlement from continuing negotiations in the amount of $75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al. Commissioner McCray questioned the amount of the settlement. 2 Minutes Agenda Preview Conference Boynton Beach, FL December 29,2006 Mayor Taylor noted the lawsuit was the result of a rear end accident involving a City vehicle. It was estimated that a court decision could be over $100,000. Chuck Magazine, Risk Manager, added the settlement was the result of extensive negotiations. VII.B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24. Commissioner McCray questioned why the fine was so high when the intent was only to collect the administrative costs. Mr. Bressner suggested a chronology of events be prepared. Mayor Taylor added the case involved above ground fuel tanks installed on a property that had changed ownership several times. The tanks had never been permitted. The newest owners have totally removed the fuel tanks. VIII.A.project: Miraflor (ANEX 06-009) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: SCI Funeral Services of Florida, Inc. Location: West side of North Seacrest Boulevard across from Mentone Road Description: Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093)(Tabled to January 2, 2007) VIII. B. Project: Miraflor (LUAR 06-022) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: SCI Funeral Services of Florida, Inc. Location: West side of North Seacrest Boulevard across from Mentone Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac) (1st Reading Proposed Ordinance No. 06-094) (Tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) (1st Reading Proposed Ordinance No. 06-095) (Tabled to January 2, 2007) Proposed use:Residential development consisting of 40 multi-family town home units. Commissioner McCray advised he would move to remove the items from the table. VIII. F. Project: Agent: Owners: Location: Description Chow Hut (SPTE 06-014) Anthony Mauro (N/A) 558 Gateway Boulevard Request for a 12 month site plan time extension for site plan approval granted on November 1, 2005, to extend site plan approval from November 1, 2006 to November 1, 2007. 3 Minutes Agenda Preview Conference Boynton Beach, FL December 29,2006 Mr. Bressner recommended this item be moved to after item XII.B.2 extending the period for site plans from 12 months to 18 months, then the extension would be automatic. Mayor Taylor contended the reason for the ordinance was to accommodate large projects. Chow Hut was a very small project and would ultimately receive 24 months. Commissioner McCray favored granting the twelve months extension Commissioner Rodriguez pointed out there could be an inquiring of the applicant if six additional months would be sufficient. IX.A. Review by Recreation" Parks and Arts Administrator of possible pocket park next to Sunshine Square Mr. Bressner located the property for clarification. He noted the recommendation was that a pocket park would not be feasible. IX.B. Follow-up Report on Implementation Team of Boynton Assembly Project Mr. Bressner advised the Commission review would include accepting the five topic areas and agreeing on the number and identity of the individuals to serve on the subcommittees. Commissioner Rodriguez suggested any changes to the recommended members should be submitted prior to the meeting. Commissioner McCray cautioned having vacancies on the committees would be counterproductive also. Mr. Bressner noted after Commission approval was received the candidates would be contacted regarding their willingness to serve. Commissioner Rodriguez contended some type of structure should be recognized. Mr. Bressner agreed a chairperson would need to be selected on each committee and subcommittee. He also recommended the creation of two new positions should be based on the recommendation of the committees. XII.C.2.Proposed Ordinance No. 07- RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 300/0 of the 1010 (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 700/0 of the 1010 (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. Commissioner McCray inquired if this would conclude the discussion on the arts fee. Attorney Cherof advised a second public hearing would be required on January 16, 2007. XII.C.4.Proposed Ordinance No. 07- RE: Amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to November to coincide with the City election sequence. 4 Minutes Agenda Preview Conference Boynton Beach, FL December 29,2006 Commissioner McCray suggested the appointments continue to be made in April because it gave Commissioners elected in November an opportunity to feel more comfortable with the process and people before the appointments are made. Mayor Taylor noted the appointments had continued to be made in April even after the March elections were moved to November for the City of Boynton Beach. Mr. Bressner noted the ordinance specified the second meeting in November. There was consensus that the actual appointments take place the first meeting in December following the November election and the ordinance would be corrected to reflect the change. XII.E.l.Closed door Executive Session to discuss pending litigation in the following case: Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to January 2, 2007) Commissioner Rodriguez inquired if the individual meetings with the City Attorney had been completed. Mayor Taylor pointed out the case had been ongoing for four years and he was familiar with the case. Commissioner McCray did not require a meeting with counsel. XIII.A.Continued discussion of Community Redevelopment Agency Board. (Tabled to January 2, 2007) Mayor Taylor reiterated any discussion should be conducted with a full Commission present. Commissioner Rodriguez agreed to table the discussion for at least one more meeting until Commissioner Ensler's condition could be determined. Various scheduling changes were discussed. Commissioner McKoy suggested an update on Commissioner Ensler's condition should be announced to the public. Commissioner McCray added he would be making remarks praising the Police Department regarding the incident at the Boynton Beach Mall. There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:31 a.m. (Continued on next page) 5 Minutes Agenda Preview Conference Boynton Beach, FL December 29,2006 m.~ CITY OF BOYNTON BEACH ~.YF~. tfyor - -iry T or- - "'-~"':;:-:-=)'"'-" . -.. ;, ....--...-' ATTEST: ith A. Pyle puty City Cle 010307 6