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Minutes 10-02-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 2, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father William Stomski- St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. Father William Stomski was present with Master Dominic De Marsico, at student at St. Joseph's School, who offered the invocation. Commissioner Weiland led the Pledge of Allegiance to the Flag. Mayor Taylor thanked Father Stomski and Master De Marsico for offering the invocation and Mr. Bressner presented the student with a City of Boynton Beach pin. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof noted there was a request submitted by the applicant to postpone the discussion relating to Item XI.A. to the November 20, 2007 meeting. There was consensus to postpone the issue as requested. 2. Adoption Motion Commissioner McCray moved to approve the agenda as agreed. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 Mayor Taylor reported he had attended a ribbon cutting ceremony at the Lake Worth Christian School and they had expressed their thanks to the employees of the City of Boynton Beach for their assistance and cooperation during the permitting and building of the new facility. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. November 7, 2007 City Commission meeting has been postponed to Tuesday, November 13, 2007. The Agenda Preview meeting will be held on November 9, 2007 at 9 a.m. Mayor Taylor announced the change in the date of the first meeting in November for the City Commission to November 13, 2007. The change was necessary due to the election being held on November 6th and to allow time for certification of the election results. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Geographic Information Systems Day - Nov. 14, 2007 The proclamation for National Geographic Information Systems Day was read by Mayor Taylor and presented to Peter Wallace, Director of the Information Technology Department. Mr. Wallace thanked the Commission for the recognition and invited everyone to attend the day long celebration on November 14, 2007 in the City Commission Chambers. b. National Customer Service Week - Oct. 1-5, 2007 Anthony Penn, Manager of Customer Services, accepted the proclamation, read by Mayor Taylor, for National Customer Service Week. Mr. Penn invited the publiC to come to the City Hall lobby during the week and enjoy the refreshments, exhibits and meet the employees of the Customer Service Department. Mayor Taylor added a member of the Commission would be present during each day to meet and greet the citizens also. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 Mark Karageorge, 240A Main Boulevard, commended the Community Relations Board for their recent meeting that included a presentation on youth and gangs. He regretted that more people were not present, especially Commissioner McCray, since his district had more problems than other areas of the City. Mr. Karageorge appreciated Mayor Taylor and Commissioner McKoy's remarks and Commissioner Rodriguez's input although he was not present either. He felt there was not enough community participation or leadership participation to solve the problems of violence that were extending throughout the County. Commissioner McCray emphasized he was aware of the problems in his district as well as the programs and projects being offered to deal with the gangs and the violence. He stressed it was widespread through out the County and not an issue of color. Commissioner Weiland indicated he had been at the firefighters' fundraiser with his family, the evening of the meeting. Sergio Casaine, 13 Meadows Park Lane, offered clarification from the last meeting, that he wanted to thank Commissioner Weiland for his concerns regarding safety and the tiki huts. Mr. Casaine also read a letter addressed to Commissioner McKoy and Commissioner McCray thanking them for their professionalism, honesty and dedication as a Commissioner. He felt on many occasions they had gone beyond their responsibility to assist the citizens. He wished them well and continued success. Victor Norfus, 261 N. Palm Drive, recalled the tragedy that had occurred on December 24th and contended the City could have done more to improve the spirit of the community after the event. He also questioned the roll of the City Attorney in advising the Commission. Mayor Taylor responded the City Attorney was available to each of the Commissioners on any matter that would arise. Conversations with the City Attorney were frequent and ongoing with all the Commission at any time. As for the incident at Boynton Beach Mall last December, Mayor Taylor related the Boynton Beach Police Department has been extremely proactive in addressing the problem and the Commission had supported those efforts with various Resolutions and Ordinances to assist in alleviating the situation. Mayor Taylor assured Mr. Norfus the gangs had not chosen a religious holiday; their crimes are random and have no religious affiliation. Jonah Tennant, 653 SW 4th Avenue, congratulated Golfview Harbour on the $3.5M sound wall that would be built along 1-95. Mayor Taylor advised the project had been awarded; however, the monies to complete the project had yet to be obtained. Mr. Tennant questioned why Golfview Harbour had been favored with a sound wall. Mayor Taylor explained the 1-95 corridor was a federal highway project. He also advised both he and Commissioner Weiland lived in Golfview Harbour, but they would not benefit from the wall being constructed. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 A. Accept the resignation of Susan Buchanan, a regular member of the Education and Youth Advisory Board. Motion Commissioner McCray moved to accept the resignation of Susan Buchanan. Commissioner McKoy seconded the motion. The motion passed unanimously. B. Appointments Appointment Length of Term To Be Made Board Expiration Date II McCray Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2) III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 I Weiland Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3) II McCray Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Code Compliance Board Alt 9 mo term to 12/07 Tabled (2) I Weiland Community Relations Board Alt 9 mo term to 12/07 Tabled (3) II McCray Community Relations Board Alt 9 mo term to 12/07 Tabled (3) II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2) III Rodriguez Planning & Development Board Alt 9 mo term to 12/07 Motion Vice Mayor Rodriguez appointed Matthew Barnes as an alternate on the Planning and Development Board. Commissioner Weiland seconded the motion. The motion passed unanimously. III Rodriguez Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2) 9 mo term to 12/07 Tabled (2) 33 mo term to 12/09 Tabled (2) 9 mo term to 12/07 Tabled (2) III Rodriguez IV McKoy Mayor Taylor Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Alt Reg Alt Motion Commissioner McKoy appointed Thomas Krabill as a regular member of the Veterans Advisory Commission. Commissioner McCray seconded the motion. The motion passed unanimously. Motion Commissioner McKoy moved to table all other appointments. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Special City Commission - September 13, 2007 2. Agenda Preview Conference - September 14, 2007 3. Regular City Commission - September 18, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve the Senior Center Emergency Re-roof due to water damage in the amount of $138,400. Re-roofing quotation is based on Bid #036- 2511-06/0D for re-roofs and roof repairs. Commissioner McCray pulled Item VI.B.1 for discussion. 2. Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR & BYPASS PUMP MAINTENANCE AND REPAIR SERVICE", Bid #072-2822- 07/0D to Advance Generator Sales and Service Inc. of Royal Palm Beach, FL in an estimated amount of $71,000. C. Resolutions 1. Proposed Resolution No. R07-115 RE: Approving and authorizing execution of a contract for design services for $322,410 to Miller Legg to provide construction documents, bidding assistance and construction review for the redevelopment of Boat Club Park, the boardwalk/day dock Jaycee Park and replacement of the boardwalk at Oceanfront Park. 2. Proposed Resolution No. R07-116 RE: Approving and authorizing signing of an Agreement for Water Service outside the City Limits with Frederick Johnson for the property at 1047 Highland Rd. Lantana, FL (Ridge Grove Lt. 61) 3. Proposed Resolution No. R07-117 RE: Approving and authorizing execution of a revised agreement between Palm Beach County and the City to provide funding in an amount up to $380,000 for improvements to Boat Club Park. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 4. Proposed Resolution No. R07-118 RE: Approving Task Order U-07-04 for "SCADA AND TELEMETRY GOODS AND SERVICES" RFP #037-2821-07/0D in the amount of $996,397.42 for the replacement of the existing water treatment plant control systems and replacement of the SCADA system. 5. Proposed Resolution No. R07-119 RE: Approving and authorizing execution of an Agreement with Counseling Services Institute, Inc. for an Employee Assistance Program for the City of Boynton Beach employees for an estimated annual expenditure of $10,080. 6. Proposed Resolution No. R07-120 RE: Amending Resolution No. R06-085 deleting William Mummert, Director of Financial Services and Mary Munro, Assistant to the Director of Finance, and adding Lori Laverriere, Interim Director of Financial Services for the City of Boynton Beach to the list of designated individuals authorized as signatories for all City accounts at the Bank of America. D. Approve the reduction of a letter of credit for the Marina Village at Boynton Beach from $739,469.23 by 90% to $73,946.92. E. Authorize Mayor andlor City Manager to present Boynton Beach Property Tax Reform proposal to Florida Taxation and Budget Reform Commission Public Hearing on October 10th (Miami-Dade) or October 11th (Broward County). Motion Commissioner McKoy moved to approve all other Consent Agenda items. Commissioner McCray seconded the motion. The motion passed unanimously. VI.B.1. Approve the Senior Center Emergency Re-roof due to water damage in the amount of $138,400. Re-roofing quotation is based on Bid #036-2511-06/0D for re-roofs and roof repairs. Commissioner McCray requested clarification on the extent of the roof repairs proposed. Jeff Livergood, Director of Public Works and Engineering, advised it had been decided to repair the entire roof of the Senior Center and establish one warranty and one responsibility to maintain. Motion Commissioner McCray moved to approve Item VI.B.1. Commissioner Weiland seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 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: Descri ption: Railroad Avenue (ABAN 07-005) Jeff Tomberg 4th Street LLC East of the F.E.C. Railroad between SE 2nd Avenue and SE 4th Avenue (adjacent to 399-417 SE 4th Street) Request for abandonment of a portion of Railroad Avenue right- of-way approximately 30 feet wide by 484 feet long. (1st Reading of Proposed Ordinance No. 07-029) Attorney Cherof administered an oath to all those intending to testify, read Proposed Ordinance No. 07-029 by title only, and gave a brief overview of the procedure to be followed. Kathleen Zeitler, Planner, located the property involved and reviewed the staff report. She noted the applicant had met all the criteria for an abandonment. All utilities involved had been notified and the applicant had agreed to relocate any utility lines currently in the area to be abandoned. Also the request would not adversely affect any adjacent property owners. Staff recommended approval. Jeff Tomberg, agent for applicant, confirmed agreement with all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Item VIlLA. Commissioner Weiland seconded the motion. Vice Mayor Rodriguez mentioned the issue of the garbage on the property and the house that had burnt. Mr. Tomberg indicated the contractor had removed the structure and gotten approval of Code Compliance. The Public Works Department had also completed further clean up of debris along the site. Vote City Clerk Prainito called the roll. The vote was 5-0. 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 Descri ption: SE 4th Avenue (ABAN 07-004) Jeff Tomberg 4th Street LLC Between Railroad Avenue and SE 4th Street (adjacent to 416-417 SE 4th Avenue) Request for abandonment of the west one-half of SE 4th Avenue right-of-way located east of Railroad Avenue, approximately 20 feet wide by 122 feet long. (1st Reading of Proposed Ordinance No. 07-030) B. Project: Agent: Owner: Location: Attorney Cherof administered an oath to all those intending to testify. Ms. Zeitler located the property and reviewed the staff report indicating the right-of-way no longer served any public purpose. All the utilities in the area had been notified and the applicant agreed to relocate any lines within the area to be abandoned. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 07-030 by title only. Motion Commissioner McCray moved to approve Item VIILB. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0 C. Amending Chapter IV Site Plan Review of the City's Land Development Regulations specifying the circumstances wherein Conditions of Approval on a given site plan pertaining to "Unity of Title" may be released. (1st Reading of Proposed Ordinance 07-031) Attorney Cherof read Proposed Ordinance No. 07-031 by title only. Quintus Greene, Development Director, explained the requested change was an attempt to address the needs of the City to ensure the integrity of projects, with flexibility for the developer. Commissioner McCray inquired if the change would make it more user friendly. Mr. Greene replied the intent was to provide additional flexibility for developers. He did suggest that the 18 months of reserve required for property owner associations be reduced to six months of reserve. Mayor Taylor opened the issue for public hearing. 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 Kyle Riva, President of Epoch Properties, advised as the developer of the Las Ventanas project he was in agreement with the proposed changes. He looked forward to working further with the City to refine any other language changes. Mr. Riva also pointed out the building permits for his project were completed and he planned to commence construction soon. Attorney Cherof advised the Ordinance could be clarified between first and second reading and public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-031 with the six month reserve inserted. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January 2008 B. Discuss Possible Funding for Board Recognition Dinner - December 2007 XI. NEW BUSINESS: A. Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. (This item was postponed to November 20, 2007, upon request of the applicant.) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-026 Re: Amending Article 1 of Chapter 2, Section 2-13.2 relating to the Community Redevelopment Agency (CRA) to provide that the City Commission shall be the governing body of the CRA and the Mayor and Vice Mayor the CRA Chairperson and Vice-Chairperson. 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 Attorney Cherof read Proposed Ordinance No. 07-026 by title only. Mayor Taylor opened the issue for public hearing. Herb Suss, 1711 Wood Fern Drive, questioned how the Ordinance could appear on the agenda when there was no quorum for the agenda preview conference and it had been defeated at the previous meeting. Mayor Taylor informed Mr. Suss, the matter had not been defeated; it was never addressed which would require it be carried to the next agenda. Mr. Suss urged the Commission to table the matter until after the November election to allow the new Commission to decide. Motion Vice Mayor Rodriguez moved to approve Item XILB.1. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 3-2. (Commissioners McCray and McKoy dissenting) 2. Proposed Ordinance No. 07-027 RE: Amending Part III of the Land Development Regulations, Chapter I, Article V. Impact Fees and Dedications revising the definition for residential unit to exclude hotels, condominium hotel units, extended stay hotel units or timeshares. Attorney Cherof read Proposed Ordinance No. 07-027 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-027. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 3. Proposed Ordinance No. 07-028 RE: Amending Article III, of Chapter 18 of Boynton Beach Code of Ordinances, entitled "Pensions for Police Officers" and amend Section 18-172 providing for buyback of service. Attorney Cherof read Proposed Ordinance No. 07-028 by title only. 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-028. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-032 RE: Amending Chapter 23, Article II of the Code of Ordinances of the City of Boynton Beach, entitled "PUBLIC SERVICE TAX" by adding a new Division 4 to impose a ten percent (10%) utility tax on the purchase of water service within the City. Attorney Cherof read Proposed Ordinance No. 07-032 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-032. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1. (Commissioner McCray dissenting) D. Resolutions None E. Other None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 7: 17 p.m. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2007 CITY OF BOYNTON BEACH: 'm.P~ t M. Prainito Clerk ATTEST: Commissioner - Carl McKoy 12 SERGIO CASAINE, JR. 13 Meadows Park Lane Boynton Beach, FL 33436 PH (561) 969-6684 FAX (561) 969-6735 October 2, 2007 Commissioner Carl McKoy District /I 100 E. Boynton Beach Boulevard Boynton Beach, FL DearComm~~onerMcKoy: Most communities have certain things in common that are important to them, such as: 1. Having a voice before their govemment. 2. Counting on honest and dedicated representatives. The next commission meeting will be the last one where you will occupy your chair on the Board of Commissioners. You have been the voice of your constituents and have conducted yourself with the utmost honesty and dedication, seNing your district and the City of Boynton Beach as a whole. It is the sacrifice that individuals who occupy positions such as commissioners make, that deseNe recognition of distinction and that is precisely the purpose of this letter. On several occasions you have gone over and beyond your duties to make sure that the interests of the residents of Boynton Beach are protected. Commissioner, THANK YOU, and may the road ahead be lined with good health and continued success. Sincerely, C: For the record of the City of Boynton Beach SERGIO CASAINE, JR. 13 Meadows Park Lane Boynton Beach, FL 33436 PH (561) 969-6684 FAX (561) 969-6735 October 2, 2007 Commissioner Mack McCray District 1/ 100 E. Boynton Beach Boulevard Boynton Beach, FL Dear Commissioner McCray: Most communities have certain things in common that are important to them, such as: 1. Having a voice before their govemment. 2. Counting on honest and dedicated representatives. The next commission meeting will be the last one where you will occupy your chair on the Board of Commissioners. You have been the voice of your constituents and have conducted yourself with the utmost honesty and dedication, seNing your district and the City of Boynton Beach as a whole. It is the sacrifice that individuals who occupy positions such as commissioners make, that deseNe recognition of distinction and that is precisely the purpose of this letter. On several occasions you have gone over and beyond your duties to make sure that the interests of the residents of Boynton Beach are protected. Commissioner, THANK YOU, and may the road ahead be lined with good health and continued success. Sincerely, C: For the record of the City of Boynton Beach