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Minutes 04-15-05MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, APRIL 15, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Judith Pyle, Deputy City Clerk Absent: Carl McKoy, Commissioner I. Call to Order Mayor Taylor called the meeting to order at 10:00 a.m. II1. Announcements, Community & Special Events & Presentations: B. Presentations: 1. Proclamations: Mayor Taylor reported there may be an additional proclamation for Nurses' Week. Mr. Bressner inquired if this was a proclamation or a community investment fund request. Mayor Taylor stated it would be a proclamation and a request for funding. Mayor Taylor, Vice Mayor McCray, Commissioner Ensler and Commissioner Ferguson will each be giving $500. VI. Consent Agenda: a. 1. Approve the "piggy-back" of the City of West Palm Beach, Bid #03/04-06, to Florida Highway Products, Inc. for the Microsurfacing of Roadways in the estimated amount of $180,743.20, plus a project funding contingency of $4,256.80 for a total of $185,000. City Managefi Public Information material will be necessary for this project to alert the public and property. Vice Mayor McCray will be pulling this item. He noted the request is for resurfacing in the southeast section of the City, and he would like to know what has been done in other districts of the City. Vice Mayor McCray also requested that the next time resurfacing is done, it be done in each district. Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 Commissioner Ferguson noted the City would be placing 58,000 square yards of microsurfacing at a cost of a little over $3.00 per yard. He would like to be furnished with some comparative numbers if the City had used asphalt or concrete. He pointed out that by doing microsurfacing, the City would be saving at least one-third of the costs if asphalt or concrete were used. Jeff Livergood, Public Works Director, stated they could furnish the estimated costs requested by Commissioner Ferguson. Mr. Livergood noted using microsurfacing would result in the savings of 25% of the cost of using asphalt. Commissioner Ferguson felt it was important that the residents be informed of this cost-savings to the City. In response to Vice Mayor McCray's question, Mr. Livergood stated last year a great deal of microsurfacing was done in District 1, off Gateway, north and south. Staff prefers to do all the work at one time, in one area, and work through the City. Doing it this way is easier. Mr. Bressner requested Mr. Livergood furnish the Commission with a list of streets that were done within the last three years. Mr. Livergood will provide two years of microsurfacing, along with a map of where the work was done. Mayor Taylor stated staff maintains a schedule of when streets throughout the City would be repaired, which Mr. Livergood confirmed was correct. C. Resolutions: Proposed Resolution No. 05- Re: Approving and authorizing execution of an Engineering Services Proposal for $158,575.00 to Wantman Group to provide engineering and design services for the design, permitting, building and services throughout construction phases for the development of Jaycee Park Commissioner Ferguson noted he did not see any competitive bids for this item. Mr. Bressner explained this was a Task Order that was part of the November 2003 list of RFPs that were sent out and was included in that scope of work. This item is for miscellaneous civil engineering work. When the Commission awarded the contracts to the firms that were qualified at that time, the procedure would be for staff to select a firm, evaluate the costs, and present the costs to the Commission since the contractors have been pre-qualified. Commissioner Ferguson will not be pulling this item. 0,5, Proposed Resolution No. 05- Re: Authorizing the execution of Task Order No. 3 for $252,200 to Brown and Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program 2 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 Vice Mayor McCray will be pulling this item. This is a large amount of money that the City would be expending and he would like to know what the City would be receiving for a business case evaluation for the Utilities Department Capital Program. Kofi Boateng, Utilities Director, responded this a rigorous, systemic, and logical business approach that staff wants to apply to the Capital Improvement Program. It will be used to justify costs and need for the programs. The evaluation will assist staff in assessing and evaluating the various options available for the long-term water supply interconnection with the County. They will review all the capital improvements designated by the Utilities Department and make sure that the projects are needed. They will also be assisting in development of a 10-year capital improvement program for the Department and to overlay a 20 to 30 year master plan. Vice Mayor McCray questioned why this could not be done in-house. When Mr. Gomez was hired, the Commission was informed that the City would be spending a certain amount of money so that Mr. Gomez could review the programs being planned for the Utilities Department. Mr. Gomez was supposed to provide an overall review of the projects. Vice Mayor McCray would like to know what Mr. Gomez was doing for the City all that time and why the Commission was being asked to approve spending $252,200. Further, Vice Mayor McCray noted money was spent on projects when Mr. Sugerman was on staff and Mr. Gomez was hired to review what was going on in the Utilities Department. He never received a report from Mr. Gomez on what his findings were and Mr. Gomez is no longer with the City. He requested that Mr. Gomez present a report to the Commission on what he did when he was working at the Utilities Department. Vice Chair McCray will request that the item be tabled until he is furnished with a full report from Mr. Gomez. Mr. Boateng responded he would make certain that Mr. Gomez complies with Vice Mayor McCray's request. C.6. Approval of Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency and a Lien Assignment and Subordination Agreement to provide funding for the demolition of the Boynton Terrace Apartments. Mr. Bressner added Item C. 6, which is approval of an Interlocal Agreement between the City and the Community Redevelopment Agency for the demolition of the Boynton Terrace Apartments. There is a separate item for approval of the demolition contract. The CRA Board, at its April 12th meeting, approved the Interlocal Agreement. Commissioner Ferguson inquired why this new item and Item Vl.I were not delayed two weeks like the other items. Mr. Bressner explained these two items are not zoning or land use items. Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 D. Ratification of Planning & Development Board Action: Quantum Park MU Height (CDRV 05-006) Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 75 feet with conditional use approval in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. (TABLED ON 4/5/05) (15t READING OF PROPOSED ORDINANCE NO. 05- ) Citrus Park (MPMD 05-004) Request for Master Plan Modification to reduce the minimum side setback for swimming pools from eight (8) feet to three (3) feet for Lot #75. Boynton Beach Mall/Muvico (HTEX 05-003) Request for Height Exception approval of 19' - 6" to allow decorative rooftop statues at a height of 64'- 6" inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district. Boynton Beach Mall/Muvico (MSPM 05-001) Request for Major Site Plan Modification approval to construct a 3,650 seat (79,500 square feet) movie theatre and a 17,528 square foot addition to the Boynton Beach Mall. E. Ratification of CRA Action: Car Wash Use in M-1 (CDRV 05-001) Request for an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.A.4. M-1 Industrial District, to allow as a conditional use, car washes provided the use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue (TABLED ON 4/5/05) (1sT READING OF PROPOSED ORDINANCE No. 05- ) Commissioner Ensler questioned why these five items were on the Consent Agenda. He felt they should be under Public Hearing to provide the public an opportunity to make comments. Attorney Cherof noted Items D. 1 and E. 1 first came before the Commission for conceptual review, but were tabled. The items have been placed back on the agenda under consent and could be treated the same way when they first came to the Commission. However, he pointed out that an Ordinance on first reading has been added to each item. Therefore, the public could not offer comments until the second reading of the Ordinances. Commissioner Ensler would like to have all these items pulled to allow for public comments. Attorney Cherof pointed out that Item E.1 (the car wash) would come back for two public hearings. Because this Ordinance changes uses, there is a statutory Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 requirement for a second public hearing. Mayor Taylor would like to move forward on these items and recommended they be pulled for comments. Attorney Cherof suggested Items D.1 and E.1 be moved to Ordinances on first reading under Legal. VI. F. Approve donation of $4,000.00 to the Boy Scouts of America from the forfeiture fund Vice Mayor McCray would not be pulling this item, but he would like to receive a two- year report of how previous funds were distributed. Approve an expenditure of $33,210.00 from the Federal Justice Forfeiture Fund in order to purchase 6 in-car digital video cameras. Supplier of the equipment is Kustom Signals, Inc., pursuant to a State of Georgia contract. Vice Mayor McCray noted there was a typographical error in the agenda backup in the last sentence of the Explanation paragraph. The words "in the same as" should read "is the same as." Award contract to Demolition Contractor Federico, Inc. of Delray Beach in the amount of $336,800 for the demolition of the Boynton Terrace Apartment Complex Commissioner McCray will be pulling this item in order to advise the public on the timeframe for the demolition of the buildings and how long it will take. VIII. Public Hearing: A. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) (Tabled to April 19, 2005) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) (1st Reading of Proposed Ordinance No. 05-019); and to rezone from Community Commercial (C-#) to Mixed-Use Low (MU-L) (1~ Reading of Proposed Ordinance No. 05- 020) Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway - Request for new site plan approval to construct a mixed- use project consisting of 48 multi-family dwelling units, 5,364 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 square feet of retail and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning district (Tabled to April 19, 2005) Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway- Request for a height exception of 3'2" pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow the mechanical room housing elevator/stair tower to be a 78'2" in height, a distance of 3'2" above the 70' maximum height allowed in the Mixed-Use Low (MU-L) zoning district. (Tabled to April 19, 2005) Mayor Taylor felt the Commission was ready to move on these items. Mr. Bressner reported the CRA approved the items at their Tuesday meeting. Mr. Bressner noted these items were on the agenda because they had been tabled at the prior CRA meeting and the applicant requested they be moved forward. Normally, these items would have been on the May agenda, but because they had been previously tabled by the CRA, a hardship has been created for the applicant. IX. City Manager's Report Review three (3) short-listed engineering consultants for the West Water Treatment Plant Improvements Mayor Taylor reported three companies have been short-listed and will be making presentations. He recommended the presentations be limited to 10 minutes. Commissioner Ferguson did not feel competent to evaluate engineering proposals and thought they should accept staff's recommendation since this involved a contract of approximately $300,000. Vice Mayor McCray stated since the Commission voted for expansion of the West Water Treatment Plant, he felt this information should have been previously furnished to them. Attorney Cherof responded that the matter is proceeding under the Competitive Consultants' Negotiation Act (CCNA Act). When projects of a certain nature are awarded by City Commissions, they must follow this procedure. It is contemplated under the statute that at some point, the Commission will review the list of consultants and rank them one, two and three. This would then authorize management to begin negotiating with the party that was awarded the contract. If the negotiations with the No. 1 firm selected were unsuccessful, negotiations would move to No. 2. He pointed out that it is inappropriate for the Commission to delegate all the review responsibilities to staff or a committee. The Commission should allow those companies to make their presentations in a public setting. Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 Vice Mayor McCray inquired why the Commission was not apprised that an engineering consultant would have to be hired for the West Water Treatment Plant expansion when it was first brought to the Commission for consideration. Attorney Cherof responded there was a preliminary review that outlined the general terms of the project so staff could go out for an RFP. However, there were no details on how the work would be performed. Mr. Bressner explained the Commission authorized the general scope of the work in the Capital Improvement Budget. After that, staff solicited proposals from engineering firms and seven were received. From the seven proposals received, staff narrowed it down to three firms. This work will be for the final engineering work for the West Water Plant modifications. Vice Mayor McCray did not feel comfortable doing the process this way. He would have liked to have been informed of the process prior to the previous vote. He felt they should have been informed of the entire process in the beginning. Commissioner Ensler commented on the rankings. When he reviewed the backup, he noticed the first ranked team on technical expertise was Jordan Jones; however, the other two firms were rated higher on experience. He felt it was important to give more value to the firm with greater technical expertise than to firms that performed more jobs. Commissioner Ensler had an issue with giving too much weight to certain items and not enough weight to other items. He would prefer to use a weighted score as opposed to an arithmetic score. Mayor Taylor felt it was important for the firms to have on-site generation experience and he feels comfortable in reviewing the three finalists. Mayor Taylor felt 10-minute presentations should be sufficient. Vice Mayor McCray would like the presentations to be as thorough as possible and should not be limited to 10 minutes. XlI. Legal: C. Resolutions Proposed Resolution No. 05-060 Re: Authorizing issuance of a "Notice of Intent" to create a temporary moratorium to allow staff to review and revise zoning regulations on properties in M-1 Zoning Districts which front on specific roadways (Tabled on 4/5/05) Commissioner Ensler inquired if this Resolution excluded the car wash application. Attorney Cherof reported the Resolution excludes all projects that are in the works. 7 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 15, 2005 Commissioner Ensler requested to revisit the Consent Agenda. The Commission determined to pull two items on first reading for public comment. Commissioner Ensler had requested these items be moved to allow the public to speak on them. He asked Legal if the public would be able to speak on these items. Attorney Cherof explained that a public hearing is a process dictated by statute and there has to be one public hearing for the adoption of Ordinances. Moving the items to Ordinances on first reading would not preclude the public from speaking on the items. Mayor Taylor noted that Items VI. D.2., D.3. and D.4 would also be pulled for public audience. Adjournment There being no further business, the meeting properly adjourned at 10:30 a.m. ATTEST: Recording Secretary CITY OF BOYNTON BEACH (April 19, 2005) 8