Minutes 01-16-04MINUTES OF THE AGENDA PREVIEW CONFERENCE
HELD iN CONFERENCE ROOM C, WEST WING, CITY HALL,
BOYNTON BEACH, FLORIDA
ON FRIDAY~ JANUARY Z6~ 2004 AT
Present
Jerry Taylor, Mayor
Mike Ferguson, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
,1anet Prainito, City Clerk
Mayor Taylor called the meeting to order at 10:00 a.m.
III,A, Announcements
Wilfred Hawkins, Assistant City Manager, requested that United Way's Prosperity Program
regarding Earned l:ncome Tax Credits be placed on the agenda under Announcements.
III. B.1. HeritageFest- February 3 - February 29, 2004
Mayor Taylor said that he had received a letter from the HeritageFest Committee requesting the
City's assistance for the event this year. ]:t was noted that the City had contributed to this
event for the past several years.
City Manager Bressner requested that if any Commissioner wishes to donate community
investment funds for HeritageFest, they should notify him. He will then list this on the Consent
Agenda as l~tem .1. He noted that the Commissioners could specify that the funds be used for a
particular event if they wished.
IiT.C.l.a. Four Chaplains Sunday- February 1, 2004
Mayor Taylor announced that he was invited to Ascension Lutheran Church on February 1~t to
read the Four Chaplains Sunday proclamation.
VZ.B.3. Approve the list of qualified Respondents from the Request for
(~ualifications (RF(~) #007-2821-04/C.1D, "Design/Building Services for the
Expansion of the West Water Treatment Plant"
Mayor Taylor said that he would request that item B.3 be pulled for discussion. He thought that
this was the first time the City had done a design/build. He would like the Commission to
review the RFP before it goes out.
Meeting Minutes
Agenda Preview Conference
Bovnton Beach, Florida
January16,2004
Dale Sugerman, Assistant City Manager, explained that there have been a number of
design/builds in the City. The Request for Qualifications for this project has already gone out
and the responses have been received. They have all been evaluated. What is being brought
to the City Commission is a list of the qualified respondents. Staff is asking the Commission to
approve the list of qualified respondents. There are ten names on the list.
After the Commissioners review the list, they should determine one of two things - either some
of the respondents on the list are not qualified, in their opinion, or they want to add individuals
to that list based on some knowledge that the Commission might have. In the end, staff is
asking the Commission to approve the list of qualified respondents. Once the list is approved,
they go to the bidding phase. There will be contract bids submitted by all of those
respondents.
The City has already paid for the project to be designed at 30%. Once the list is chosen, it is
the respondents' obligation to complete the design and provide a bid amount for completing the
project. It will cost between $20M and $25M.
Mayor Taylor asked whether there were some guidelines given to the firms. Assistant City
Manager Sugerman explained that the City published a Basis of Design Review (BODR). Firms
must submit their bids going from 30% to 100% based upon the Basis of Design Review.
Mayor Taylor would like to see the BODR. Assistant City Manager Sugerman will make it
available to the Commission. He clarified that this was a Request for Qualifications and this is a
highly technical, very expensive project. Therefore, if firms could not provide $20M worth of
bonding, they were not allowed to submit qualifications. Those firms that submitted
qualifications met the minimum standards. In staff's opinion, they are all qualified. The
Commission must determine if they are all qualified and if so, they will be allowed to submit
bids.
Commissioner Ensler asked regarding the procedure for determining what firm will be selected
in the bid process. Assistant City Manager Sugerman explained that the contract would be
awarded to the lowest, most responsible, responsive bidder. That will also be determined by
the City Commission.
Commissioner Ensler asked if a question comes in either by telephone or in writing, would the
question and answer be given to all bidders. Assistant City Manager Sugerman said that it
would.
From the discussion today, it was Assistant City Manager Sugerman's understanding that the
Commission wanted to review and approve the Basis of Design Review. It had been staff's
intent to go out for bids immediately after the acceptance of this list. That will now be put on
hold. He requested that the Commission approve the list; however, they will not go out for bids
until the Commission reviews the design standards.
l~t was the consensus of the Commission that they would be given time to review the design
standards. The item would then be placed on the agenda for February for any further
discussion.
2
Meeting Minutes
Agenda Preview Conference
B0ynt0n Beach, Florida
Jan#arvl~,2Q04
Assistant City Manager Sugerman also explained to the Commission that there are five base
firms that have been deemed to be qualified and each of them has alternatives for a membrane
system supplier (MSS). When the firms submitted their qualifications, they could use multiple
MSSs as part of their submittal package. That is why there are ten iterations of base firms with
different MSSs and they have all been deemed to be qualified. When it is time to submit bids,
each base firm may only select one MSS. Therefore, the City will only receive five bids.
VI.D.1. Venetian Villas (NWSP 03-021), South side of Southwest 23~ Avenue (Golf
Road), approximately 600 feet east of Congress Avenue - Request for new site plan
approval for 50 fee-simple townhomes on a 4.69-acre parcel in an R-3 zoning
district ('TABLED BY ¢OHHX$$ION- 0.~/0~/04)
City Attorney Cherof reported that yesterday the judge signed an order that authorizes the City
Commission to consider this matter. It does not require the Commission to approve the
request. However, if the Commission does approve the request, it would not end the matter.
They must still return to court to modify the old court order.
Commissioner Ensler asked whether there was any written approval from the two homeowners'
associations. City Attorney Cherof answered "no." He was not even certain whether they know
about it because he just received the order late yesterday. He will call and send copies to the
two associations today.
Mayor Taylor reported that the developer was present at the Golfview Harbour Homeowners
Association meeting recently. Overall, the people seemed to be open to what was presented.
They did question whether they have to let people who are not members of the association
vote on this matter.
City Attorney Cherof said that it was difficult to say without seeing their by-laws or Articles of
Incorporation. Usually, every property owner is entitled to a vote. That does not necessarily
mean that the decision is controlled by the property owners. Frequently, the decision is
controlled by the elected board.
Mayor Taylor asked whether the homeowners association had to agree for this project to go
forward.
City Attorney Cherof explained that the project could still go to the Commission. It may
ultimately kill the project when the City returns to court if those people come and speak against
modifying the court order.
Commissioner Ensler said that it was his understanding that the associations' approval was only
on the wall or lack of a wall. City Attorney Cherof said that was correct.
Mike Rumpf, Planning & Zoning Director, commented that the developer was proposing no wall.
Commissioner Ensler felt that they need a response in writing from the two homeowners'
associations, which includes Golfview Harbour Estates.
3
Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florid~
January16,2004
City Attorney Cherof suggested that everyone be invited to come and make their presentation
on Tuesday and that the Commission table the matter if any of the associations need time to
review the matter. It was the consensus of the Commission to do this.
City Attorney Cherof will pull from the settlement document the part that deals with the level of
the associations' review and approval. He will then prepare a handout for the Commission.
V~.E.1. Fire Station #4 (NWSP 03-024), 1919 South Federal Highway- Request
for New Site Plan approval for a fire station on a 1.90-acre parcel in a PU zoning
district
City Manager Bressner suggested pulling this item from the Consent Agenda at the Commission
meeting to show the plans and financial analysis of the fire assessment.
VZTX.A. Boynton Delray Academy (COUS 03-008)
('TABLED BY COl~fl~II$$_rON- :[2/.~6/03)
Mayor Taylor noted that the CRA had reviewed this item and denied it.
Doug Hutchinson, CRA Director, explained that the concern of the CRA was more regarding
architecture and design. No one on the Board was opposed to the project itself.
Commissioner Ensler reported that he received a telephone call from the Academy's director,
who said that they had already put an additional $100,000 into the design. He could not
understand how they could not come up with something acceptable with this new design work.
Commissioner McCray said that the Heart of Boynton would be done in phases. Once the Heart
of Boynton gets underway, he felt that the City could assist with a fa(;ade for the school. The
school is a positive thing for District II. He thought that the Commission should be open-
minded about the project. The City should work with them.
Commissioner Ensler asked what the City's rules were regarding modular buildings.
Mike Rumpf, Planning & Zoning Director, said that there were no special prohibitions as long as
they meet the building and zoning codes.
Mr. Hutchinson explained that their grant application was tabled by the CRA so that if they want
to come back, the application is already in the office.
X.A Strategic Planning Session (January 2004)
There was discussion regarding the date for the goal setting retreat. It was the consensus of
the Commission to hold this session on February 27, 2004, from approximately 9:00 a.m. to
3:00 p.m.
4
Meeting Minutes
Agenda Preview Conference
B~yntQn Be~ch, FIQrid~
]anuarv16,2004
X.B. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West into Little League Park (February 2004)
City Manager Bressner reported that the Cemetery Board and the Recreation & Parks Board
were going to have a joint meeting. He felt that it was a good idea to have this joint meeting
because the issue is the Little League Park.
City Attorney Cherof explained that the Mausoleum management agreement expires in
approximately three years. He suggested that some time this year, the Commission should
begin to think about this transition.
Assistant City Manager Sugerman reminded the Commission that the ballfield is also a well field
for the City. The Health Department regulates the placement of cemeteries in proximity to
clear zones of wells.
Commissioner Ensler wondered whether the Commission had any options because of the well
fields.
Assistant City Manager Sugerman explained that the clear zone for wellheads is approximately
400 to 600 feet. They must be protected. :It would cost $:[M each to replace them. Tt may be
possible for a partial expansion of the cemetery; however, that is a policy decision.
City Manager Bressner will provide staff's report to the Commission.
.leff Livergood, Public Works Director, explained that previously the Cemetery Board did
consider the options given in the staff report. The Board wanted to expand into the Little
League Field. City Manager Bressner noted that there had been significant changes on the
Cemetery Board membership. The new members may not have had an opportunity to review
the options.
Mayor Taylor felt that the Cemetery Board should be told that the Commission wants a
recommendation from them.
Commissioner Ensler requested a drawing of the ballfield showing the location of the wellheads.
Assistant City Manager Sugerman will provide the drawing to the City Commission.
X.F. Proposed Lease Agreement with Boynton Woman's Club (TBA)
Commissioner McCray asked whether the Commission wanted to continue to look at this since
the Commission is talking about building a new clubhouse.
City Manager Bressner thought that Commissioner McCray's point was an important long-range
policy issue. When this was proposed; the Intracoastal Clubhouse was not on the list of
projects as it is now. There has also been a hold on the additional parking for the Senior
Center. One of the difficulties that the Woman's Club has is that they have very little parking.
The intent was to use the parking that was to be provided at the Senior Center.
Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
January16,2004
XII.C.1. Proposed Resolution No. 04- Re:
- IPUD
Notice of Intent for Zoning in Progress
City Manager Bressner had requested that this item be placed on the agenda because it has
been a year since the IPUD ordinance was approved. He wanted to evaluate how well the
ordinance worked regarding the site plan review and other design components. The IPUD
ordinance affects the properties on Federal Highway. It allows mixed-use developments for one
to five acres. The density is 20 dwelling units per acre with a height of 45 feet.
City Attorney Cherof explained that the significance of declaring this Notice of Intent and the
study period is that during the period, applicants cannot submit, and staff cannot process,
anything that is inconsistent with what is in place and being studied. It is close to a
moratorium.
Other
City Manager Bressner said that he had a scheduling issue with the City Commission meeting of
March 2, 200,I. It conflicts with Palm Beach County Days. He requested that the meeting be
postponed or cancelled. It was the consensus of the Commission to cancel the meeting. This
will be noted on the agenda.
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at 10:57 a.m.
AI-I'EST: ~ ~
Deputy City clerk
(one tape - 1/20/04)
C1-FY OF BOYNTON BEACH
6
PAGE2;~' RC~ATI~a 11:24:~ Si~atd~me]'S~:~Fa~'~:~N' C$~IU~'D~xhibit - Agenda Preview Conf.
...... .................................... January 16, 2004 --
IN ~ CLKCUIT COURT OF
TI-~ 1$~ ]lfDIC~ CIRCI.TIT
IN AND FOR PALM BE~CI-I
COUNTY, FLOI~DA
MU.NOR. CORPORATION, a Florida
Corporation; NORMAN $. MICHAEL
and ELISHKA B. M/CHAEL, his wifo,
· CASB NO.: CL 89-6175 AN
CIVIL DIVISION
Plaintiff,
THE CITY OF BOYlqTON BEACH,
A Florig[a Mtmiciptfl corporation,
Defendant,
/
JOINT MOTION AI~ AGREED ORDER,
The Plaintiff, P~S~'B, LLC, a Florida limited company ("KSPB") as successor in int~st to
Plantiffs MILNOR COP,~PO~.ATION, a Flofid~ corporation ("Milnor'~, NO~N S.
~C~ and FlJS~ B. ~CH~L, ~s wife ~chael") ~d CI~ OF BORON
BNA~ NLO~A, s FtoH~ Municipal Co~ora~on ('Boston Beach'9 by ~d tluou~ their
und~i~ attorneys, hereby jo~fly move for consent ~om ~is Court to ~oce~ wi~ City
Commission r~vi~ of proposed develo~m~t of~e pmp~ w~ch ~as ~e ~ubject of ~s ac~on
~d ~ ~'om~s s~s:
1. Mi~or, Michael ~d Boynmn Beach enmred into a cm~ Sfipula~o~
Settl~t A~em~t {"Agm~mt') last dated Octob~ 3 l, 1989.
2. ~a Agrem~t was appro~ by flae Corn by ~er on Omob~ 2, 1990.
3.~he Co~ r~ed subject manor jufis~ction offs i¢tion.
~ A~eemmt ~d Co~n O~er specify a lind
cla~ificaion for ~ pr~ md impose c¢~ use l~tafion md o~ develo~t c~fions
on a 401 a~¢ pamel of mai pr~eNy si~ated at ~e no~east interseclio~ of Congress Argue ~d
Gul~Ro~ (Sou~w~t 23rd Avenue).
uizio~zuuq iJ:~t bOqZtiqUZd GOREN CHEROF ET AL PAGE 04/05
PAGE3~:~VDAT~t15~z~4~2~:29N~[F.amm9iarmr~Time~8~q.LFAX'5~N~:4~7~`C$~:$~8~DU~(~s~..~ T-452 P.gO3/o04 F-$90
5. RSPB has :equested the.City.Commission to review a proposal to develop the
property i'n a manner currently inconsistent w~th the Agreement, pursuant to a proposed ~it~ plan
that hs been submitted by Michael Hoeflin~er, Atlantt~ Development Group LLC, pursuant to
contract to ptn-chase thc subject property, which development is known as the Yenetiau Villas
project (38olmton Beach trackins ~umber NWSP
The parties believe it would be beneficial for the City Commission to review thc
proposal NWSP 0~-021. To that end, the p:n'~ies request en=y of the i'ollov~ing Agreed Order
which would So authorize the City Commission, ~lbeit in the lknked fashion set forth in the
Agreed Ch'der.
JAMES A. CHEROF, ESQ.
City Attorney for
CITY OF BOYNTON BEACH
100 B. Boynton Beach Blvd.
Boynton Beach, Flo~ds 33435
(~61) 742-60~0
V
DATED:
KEITH C. AUSTIN,
Attorney for Plaintiff(s)
223 Peruvian Avenue
Palm Beach, FL 33480
D~TED:~
_AGP,~,ED ORDER
The Court having considered the Joint Motion of the parties set forth above and being
otherwise duly advised in the pre'raises, it is hereby Ordered and Adjud&ed that:
1. The City Commission of the City of Boynton Beach is granted leave to review
Plaintiffs' proposed development of the subject propany.
2. If, upo~ completion off,view of PlaintifFs applic~6on [or ame~gment, the Plaintiff
u~,~J,=oo~ ~j.j~ ~o~iquzd GOREN CHEROF ET AL
PAGE 05/05
004/004 I,-$~0
has obtained a favorable ruling recommendation from tile City Commission, the parties may
joind¥ petition the Coart for modifications to the Agreement.
3. This Joint Morion and Agreed Order do~s not oblil~ate the City of Boynton
Be~b to ~ac~ usc arn~dmet~ts inconsistent with ~hos¢ set forth in ~lds CouP's Oc~b~r 20, 1990
Order. The sole purpose arid intent of this loint Motion mid.Agreed Orcler is to allow the City of
Boyni°n Beach to more fully consid~ ~¢ arneridmcnt bein§ requested by the Plaintiffs.
DONI!I and ORDERED at West Palm Beach, Palm Beach Counry, Florkb, this __.___day
,'.? .-. ,--.. ,,: -.,...
, 2004.
~ '"
..:.',.,,
....
C~rcuit Corn1, Judge
Copies to:
I~eith C. Austin, Ir., Esq. 223 Pcmvinn Avenue, Palm Beach, i~L 33480
]ames Cherof, F, sq., Goren, Cherof 3099 E. Commercial Blvd., Ste. 200, l~t. Laude~dalc, FL
33305
Thomas P,.. B01f~ Esq., PO Box 1900, l~t. Lnuderdale, i=L 33302