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Minutes 12-02-02 MZNUTES OF THE AGENDA PREV/EW CONFERENCE HELD TN CONFERENCE ROOM C, WEST WZNG, CTrY HALL, BOYNTON BEACH, FLOR/DA ON MONDAY~ DECEMBER 2~ 2002 AT 4:00 P. f4. Present Gerald Broening, Mayor Nike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent Ron Weiland, Commissioner City Manager Bressner began the agenda review at 4:04 p.m. 1V.A. Accept letter of resignation from Edward Currier, Regular Member of the Planning & Development Board City Manager Bressner announced that since a letter of resignation had been received from Mr. Currier, there is a potential for a board appointment. He advised that if anyone needed a copy of the profile forms, they should contact the City Clerk's office. V.B.I.a. Proclamations Dale Sugerman, Assistant City Manager, announced that John Guidry, Utilities Director, is retiring and Mr. Sugerman requested that a proclamation in Mr. Guidry's honor be added to the final agenda. This proclamation was not shown on the draft agenda in order to keep it a surprise for Mr. Guidry. He will not be present at the Commission meeting; however, senior staff will be in attendance to receive the proclamation. V.B.2. Presentation by Dr. Walter Cornnell, Principal of Boynton Beach High School, thanking the City for the contribution of $40,000 towards the construction of the school's track & field facility Tt was requested that Dr. Cornnell's name be removed from the agenda since it was not known who would be making the presentation from the high school. V~.A. Motorola (LUAR 02-007) City Manager Bressner explained that staff would present a quick overview of the procedures to be followed, the time line, and what is being requested of the City Commission. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida Deceml)er 2, 2002 Hike Rumpf, Planning & Zoning Director, explained that there is no site plan at this time. Comments from other agencies regarding the DR! have not been received yet. He explained that the review time set by DCA could be deviated from if all parties agree. City Manager Bressner stated that one of the major outstanding issues is traffic. He requested that after more information is received, staff put together a time line for this project so that no deadlines are missed. City Manager Bressner said that separate from the agenda material is a staff report on the industrial land use inventory. He asked whether there were any questions relative to the report. Vice Mayor Ferguson questioned where the six parcels that contained more than two acres were located. Quintus Greene, Development Director, answered that he would obtain this information for the Commission. Commissioner McCray questioned the occupancy rate for the apartments in Boynton Beach. Hr. Greene explained that, according to an article in the Sun Sentinel yesterday, the occupancy rate in Palm Beach County is approximately 90%. VI.B. Gateway Plaza (COUS 02-005) City Manager Bressner announced that a letter was received today from Michael Weiner, the attorney representing the petitioner, requesting that this item be tabled. Hr. Rumpf explained that Hr. Weiner had requested that both items (conditional use/site plan and use approval) be delayed until December 17th, Mr. Rumpf explained that this would not be possible because that date is prior to the Planning & Development Board's review of the site plan. The applicant will be requesting a third review by staff before it goes to the P & D Board. Therefore, these items would probably be heard by the Commission in January or February. Mr. Rumpf spoke to Hr. Weiner and requested that he submit a revised letter concerning postponement. The item will be readvertised at the applicant's expense. VI.D. Proposed Re-financing of :L996 Multi-Family Housing Mortgage Revenue Bonds - Clipper Cove Apartments d/b/a C/HP Cove, Inc. (Proposed Resolution) City Manager Bressner explained that this is a proposed refinancing at the request of the property owner. The City would continue to receive the property tax revenue. The issue is the 28% of profit. That potentially is going to go down. By refinancing the property, they are taking an equity position in the property. That reduces the amount of equity they have, which means it could potentially reduce the overall profit. That amount was $130-$140,000 a year. The revenue that the City received in the past went into the redevelopment fund to provide housing opportunities for income eligible people. Clipper Cove agreed to provide one-half basis points ($70,000) at closing. This would provide approximately the same amount of revenue for two years; however, after that time, there would be a reduction in revenue. Meeting Minutes Agenda Preview Conference B0ynton Beach, Florida December 2, 2002 City Manager Bressner explained that Clipper Cove could seek refinancing through another vendor and the City would not receive any revenue. They have agreed to cover the City's bond issuance cost and set aside $250,000 for infrastructure. He said that the property is well maintained. VZZ.B.1. Multi-award the TWO-YEAR BTD FOR PZPE FTDr~NGS AND ACCESSOI~ES, Bid #003-1412-03/K1~ to various vendors on an "AS NEEDED BASTS" for an estimated annual expenditure of $120,000 When asked by Commissioner McCray whether the City is the storage location for Palm Beach County, City Manager Bressner answered no. Finance Director Diane Reese commented that according to the audit, there was only a loss of less than one-half percent on the City's $2 million inventory. VII. B.2. Award the RE-BZD OF THE ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE, Bid #004-2730-03/KR, to various vendors for $837,455.80 for a nine month period Jeff Livergood, Public Works Director, announced that the figure stated above was for a :[2 month period and that the nine month cost was $628,091.85. The agenda will be revised to reflect that amount. Commissioner McCray commented that the landscaping of the medians on U.S. #1 looks much better. VZZ.B.4. Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTAINED VACUUM UNZT," Bid #078-2821-021C.1D, to VACUUM SOURCE, ZNC. of Greer, South Carolina in the amount of $24,950 (Tabled at 11/19/02 BIeetJng) City Manager Bressner explained that this item was tabled at the last Commission meeting and he is requesting that it be tabled again at the December 3r~ meeting. He explained that the Iow bid did not meet the bid specifications and the Purchasing Department is working with Utilities and Legal to verify if that is the correct situation. VII.C.1. Proposed Resolution Re: Approving amendment to Barton Memorial Park lease agreement with the State of Florida Department of Transportation (D.O.T.) for the removal of the Barton Memorial Cemetery (parcel 88) from the lease Commissioner McCray inquired if it was possible to have bathrooms at this site. City Manager Bressner stated that it would need to be included in the CIP budget. VIT.C.2. Proposed Resolution - Re: Ratifying the agreement between the City of Boynton Beach and the Police Benevolent Association - Lieutenants Unit from October 1, 2002 through September 30, 2003 3 Meeting Minutes Agenda Preview Conference BoYnton Beach, Florida December 2. 2002 City Attorney Cherof explained that the bargaining agreement was very close to being ratified by the Lieutenants. There is a dispute over one provision of the contract and he hoped to have it resolved by tomorrow. VZLC. 3. Proposed Resolution Re: Approving Change Order #:1 to PO #20:184 issued to Trio Development Corporation in the amount of $30,4:10 for additional services required during the lift station rehabilitation of lift stations 60:1, 604, 606, and 90:1 based on Bid #094-282:1-0:1/C.1D Commissioner McCray inquired what the down time was for the lift stations. Assistant City Manager Sugerman thought that there was no down time but he will obtain this information for the Commission. VZZLA. Discussion regarding City Commission representation at the following organizations: Palm Beach County League of Cities, Metropolitan Planning Organization, Coalition of Boynton West Residents Association and Multi- 3urisdictional Tssues Coordination Forum There was discussion on who would be interested in representing the various organizations. Mayor Broening stated that he would agree to continue serving on the Palm Beach County League of Cities Board of Directors and on the Metropolitan Planning Organization. Vice Mayor Ferguson expressed an interest in the Coalition of Boynton West Residents Association and Commissioner McKoy would consider the Multi-Jurisdictional Issues Coordination Forum. Commissioner McCray said that he would be interested in attending the regular meetings of the Palm Beach County League of Cities. VIII. B. Discussion of Report on Special Events Commissioner McCray asked what was being planned for District II. Wayne Segal, Director of Public Affairs, explained that these events would be community based and he would be recruiting people who would serve on a committee and would decide on the nature of the events in their district. VIII.C. City Manager Bressner requested that a third item be added to the City Manager's report. Assistant City Manager Sugerman explained that the Osceola Circuit Court made a judgment against the Florida Water Utilities Authority. The court ruled that those jurisdictions which provide utility service outside of their boundaries serve no valid public purpose and, therefore, ad valorem taxes and personal property taxes could be charged on those utilities. This would have a major impact on municipalities like Boynton Beach. The case is being brought by the City of Sunrise. The Cities of West Palm Beach and Riviera Beach are joining the suit and Boynton Beach has been asked to join. There is no cost to the City; we would just be lending our support. This just came to the City's attention last week. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida December 2, 2002 XTI.B.1. Proposed Ordinance Re: Amending the Motorola DR//Master Plan to allow retail, commercial, and 500 residential units on 48.1 acres of the 87.4 acre site City Attorney Cherof distributed copies of the proposed ordinance on the Motorola DRI/Master Plan. XII.C.1. Proposed Resolution Re: Amending Resolution No. 01-250, which establishes guidelines for the eligibility of the hardship waiver for the City's Fire Rescue Special Assessment City Attorney Cherof explained that this resolution updates the original resolution, which referred to 2001 guidelines. The new resolution will simply refer to "current guidelines." XII.C.2. Proposed Resolution Re: Abandonment of a 300-foot right-of- way on S.E. 2"d Street (Gulfstream Lumber Property) City Attorney Cherof explained that the abandonment occurred in 1995 and at that time the City did not record the document. We now have a more formal process and they are recorded. He explained that this was merely authorization to record the document. Other Commissioner McCray thanked the City for the banners along Martin Luther King, 3r. Boulevard. He also commented that people were asking why the holiday parade was moved to Congress Avenue. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:45 p.m. CITY OF BOYNTON BEACH A'I-I'EST: Ci Clerk Deputy City Clerk (one tape) 5