Minutes 12-02-05
MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON FRIDAY, DECEMBER 2, 2005 AT 10:00 A.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS
Mayor Taylor called the agenda preview conference meeting to order at 10:00 a.m.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mr. Bressner indicated a presentation by Dr. Judy Garcia on a Confucius Institute would need to
be added; in light of the fact a China delegation would be visiting the City on December 12th.
He explained the program is supported by the Sister Cities Committee and the Qufu, China
program.
Mr. Bressner also requested to add an item under New Business relating to the ongoing issue
between the cities of Boca Raton and Delray Beach against the County regarding the MSTU
Funds and the improper diversion of county based funds. The Palm Beach County League of
Cities had proposed a legislative change to remedy the situation. He highlighted the options
available to the City of Boynton Beach to join the lawsuit, provide support to the lawsuit with a
motion to intervene or support the legislation only or do nothing.
Attorney Cherof reminded the Commission the matter had been before the Commission and the
decision was made for non-litigation support. Vice Mayor McKoy inquired of Attorney Cherof
what the financial contribution might be if the City joined in the litigation. Attorney Cherof felt
the cost to the City would be a proportionate share of litigation cost, without a cap, including
paying consultants and attorneys.
Commissioner McCray indicated he would have comments regarding the letter read by staff at
the last Commission meeting in support of the City Manager. Mayor Taylor suggested the
comments be made at the time of the City Manager's evaluation.
II. OTHER:
A. Informational Items by Members of the City Commission
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
Commissioner Ensler announced he would like to discuss the situation regarding the sale of
Briny Breezes.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
C. Presentations:
2. Presentation by the Metropolitan Center at Florida International University
of alternative plans for redistricting in incorporated Boynton Beach.
(Related items under section XL New Business, items B and C)
Commissioner Ensler suggested all the items be combined under Presentations with the other
two items listed as subsections (a) and (b). There was consensus for the change.
3. Presentation by Tony Newbold of Florida Power and Light of check for
$20,000 for Old High School Restoration.
4. Presentation by Vice Mayor Carl McKoy concerning Florida League of
Cities Legislative Priorities.
Mayor Taylor noted the presentation by Dr. Garcia should be added as item 5. Commissioner
Ensler asked if a vote would be required to authorize a letter of support. Attorney Cherof
replied a vote would be necessary.
Commissioner McCray noted he had requested a list of all administrative staff that had stood up
at the last Commission meeting showing support for the City Manager. The City Clerk's office
had informed him that such a list was not made. He felt the names on a list should be part of
the official record in any future proceedings.
Mayor Taylor clarified only those persons who came forward and addressed the Commission are
required to give their names as part of the record. He did not see any reason to compile a list
of persons not speaking. Commissioner McCray disagreed with Mayor Taylor and again
asserted the matter was in regard to an evaluation and a listing should have been made.
VI. CONSENT AGENDA:
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Multi-award the "ANNUAL CONTRACT FOR CLEANING CHEMICALS AND
JANITORIAL SUPPLIES", Bid #061-1412-05/JA, on an overall basis to the
lowest most responsive, responsible bidder who meets all specifications
with an estimated annual amount of $48,000.00.
Commissioner McCray submitted he would be pulling item B.1 for questions of staff.
C. Resolutions:
2
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
2.
Proposed Resolution of No. ROS- RE: Approving and
authorizing the South Central Wastewater Treatment and Disposal Board
(SCRWTDB) Sixth Amendment to Interlocal Agreement.
Commissioner Ensler noted Boynton Beach currently uses 100% of the water rather than the
50% indicated in the materials submitted. Mr. Bressner explained the Delray system would be
coming on line and the intent was to apportion the use out as 50/50. He suggested the last
sentence on the cover sheet be eliminated to avoid any confusion.
7. Proposed Resolution No. ROS-202 RE: Ratifying the
agreement between the City of Boynton Beach and the National
Conference of Fireman and Oilers, SEIU, AFL-CIO, CLC, Local 1227, Blue
Collar Bargaining Unit for the period of October 1, 2004 through
September 30, 2007.
Commissioner McCray would be pulling item C.7 for comment at the meeting.
8. Proposed Resolution No. ROS-203 RE: Approving and
authorizing execution of Amendment #1 and Amendment #2 to Task
Order #17, CH2M Hill, for a total of $123,515.00.
Commissioner McCray would be pulling item C.8 for further comment also.
D. Ratification of Planning & Development Board Action:
1. Nautica (MPMD OS-012) Request for Master Plan Modification of the
Nautica PUD to allow swimming pools on "Z" lot line parcels.
Commissioner McCray advised he would be pulling item D.l for questions
2. Forum Professional Center (MSPM OS-012) Request for Major Site
Plan Modification to the Forum Shoppes to add a 20,000 square foot
professional office building and related site improvement on a 1.80 acre
portion of a 6.55 acre shopping center zoned C-3 Community Commercial.
3. Southeast Neighborhood Park (NWSP OS-029) Request for New Site
Plan approval for a neighborhood park to include basketball courts, open
play field, playground, picnic area, walking paths and a parking lot on 2.3
acres.
Commissioner Ensler indicated he would also be pulling items D.l, plus D.2 and D.3 for a short
presentation by staff and any comments from the public.
E. Ratification of CRA Action:
None
3
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
F. Approve the purchase from Innovative Data Solutions of new software for
document management at a cost of $5,950.00.
Commissioner McCray inquired what types of documents were being referred to in the software.
Matt Immler, Police Chief, explained the documents were for cataloging written directives and
logs that the officers receive and read the directives.
G. Approve Change Order #4 for the Library Expansion Project in the amount of
$462,328 to cover cost escalations to the Contractor from subcontractors.
Commissioner McCray would be pulling item G for comments.
H. Approve the purchase from American Aluminum Accessories, Inc. for a transport
cage at a cost of $7,017.00. Funds are from the Federal Treasury Forfeiture
Fund.
Commissioner McCray asked for clarification on the use for a transport cage. Chief Immler
responded the cell block at the Police Station was substandard and not operational. One of the
patrol cars was being replaced with a van and a transport cage would be installed to transport
prisoners and accommodate handicap prisoners.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
B.
Project:
Agent:
Owner:
Location:
Description:
Estancia @Boynton Beach (LUAR 05-009)
Carlos Ballbe, Keith & Ballbe, Inc.
HHC Boynton LLC
3010 South Federal Highway (East side of Federal Highway,
approximately 300 feet south of intersection of Federal Highway
and Old Dixie Highway
Request to amend the Comprehensive Plan Future Land Use Map
from High Density Residential (HDR) and Low Density Residential
(LDR) to Special High Density Residential (SHDR). (1st reading
of Proposed Ordinance No. 05-070)
Request to rezone from Planned Unit Development (PUD) and R-
1-AA Single Family Residential to Infill Planned Unit Development
(IPUD). (1st reading of Proposed Ordinance No. 05-071)
Proposed Use: Townhouse community containing 30 residential units.
1. Estancia @ Boynton Beach (NWSP 05-026) Request for new site
plan approval to construct 30 townhouse units and related site
improvements on 2.65-acres to be rezoned Infill Planned Unit
Development (IPUD).
4
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
Commissioner Ensler felt items Band B.l should be discussed together. He also advised he had
questions on conditions 32, 33, 37 and 39. Mr. Bressner explained the CRA was attempting to
avoid a problem regarding the actual ownership of the canal with a cross easement. He further
indicated water mains had already been installed on Bamboo Lane.
Commissioner Ensler added he had concerns with condition 35 and would need further
explanation at the meeting. Mayor Taylor noted the applicant had agreed to condition 37 at the
Community Redevelopment Agency meeting.
c.
Project:
Agent:
Description:
Evaluation and Appraisal Report (EAR)
Staff-initiated
Presentation of final EAR prepared pursuant to Section 163.3191
F.S. and to be ultimately adopted by the City Commission and
transmitted to the Florida Department of Community Affairs.
(Proposed Resolution No. R05-204)
Commissioner Ensler asked if the EAR had been modified regarding the population study being
done. Mr. Bressner indicated it had, along with the utility issue having been resolved.
D.
Project:
Agent:
Owner:
Location:
Description:
E.
Project:
Agent:
Owner:
Location:
Description:
Gulfstream Gardens Phase II (ANEX 05-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
P.B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and
Howard Britt
One quarter mile north of Gulfstream Blvd, between Federal
Highway and Old Dixie Highway
Request to annex a 3.166 acre portion of the proposed project.
(Not heard by the CRA; to be postponed to the December
13, 2005 CRA Board meeting and January 3, 2006 City
Commission Meeting)
Gulfstream Gardens Phase II (LUAR 05-012)
Bradley Miller, Miller Land Planning Consultants, Inc.
P.B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and
Howard Britt
One quarter mile north of Gulfstream Blvd, between Federal
Highway and Old Dixie Highway
Request to amend the Comprehensive Plan Future Land Use Map
from General Commercial (GC), Local Retail Commercial (LCR) and
Commercial High Intensity (CH) (Palm Beach County) to Special
High Density Residential (SHDR). (Not heard by the CRA; to be
postponed to the December 13, 2005 CRA Board meeting
and January 3, 2006 City Commission Meeting)
Description: Request to rezone from C-3 Community Commercial and (CG)
Commercial General (Palm Beach County) to Planned Unit
Development (PUD)
Proposed Use: Phase II of a multi family residential development.
5
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
(Not heard by the CRA; to be postponed to the December
13, 2005 CRA Board meeting and January 3, 2006 City
Commission Meeting)
1. Gulfstream Gardens Phase II (NWSP 05-028) Request for new site
plan approval to construct 108 townhouse units on a 5.47 acre parcel in
the Planned Unit Development (PUD) zoning district. (Not heard by the
CRA; to be postponed to the December 13, 2005 CRA Board
meeting and January 3, 2006 City Commission Meeting)
Commissioner Ensler asked why the items were listed on the Agenda. Mr. Bressner replied it
was necessary due to the public hearing requirements.
F. Project: Riviera (LUAR 05-011)
Agent: James T. Barretta
Owner: Anand Patel
Location: 1330 South Federal Highway (Northeast corner of Federal
Highway and Riviera Drive)
Description: Request to amend the Comprehensive Plan Future Land Use Map
from Office Commercial (OC) to Mixed Use (MX), and to rezone
from C-l Office Professional to Mixed Use-Low Intensity (MU-L)
Proposed Use: Mixed use project containing approximately 3,720 square feet of
office use, 420 square feet of retail use and 8 townhouses.
(Not heard by the CRA; to be re-advertised for future
meetings of the CRA Board and City Commission.)
1. Riviera (NWSP 05-027) Request for new site plan approval to
construct a mixed-use project consisting of approximately 3,720 square
feet of office, 420 square feet of retail, eight (8) townhouse units, and
selected site improvements on a 0.5 acre parcel in the Mixed Use-Low
Intensity (MU-L) zoning district. (Not heard by the CRA; to be re-
advertised for future meetings of the CRA Board and City
Commission)
Mike Rumpf, Planning and Zoning Director, explained the Riviera project was on hold although
it had been advertised for public hearing and would need to be removed from the agenda.
G.
Project:
Agent:
Owner:
Location:
Description:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese In
East side of Congress Ave; approx. 275 feet north of SW 30th Ave.
Request for Conditional Use and Site Plan approval for a 4.595
square foot automated car wash facility and related site
improvements on a 0.88 acre site zoned M-l, Industrial.
Commissioner Ensler questioned staff regarding the franchise of Rapido Rabbit being changed.
Mr. Rumpf advised the application still indicates Rapido Rabbit. Mr. Bressner asked if a
different franchise is used, would the current application get approved and then come back with
6
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
a major and minor site plan change. Mr. Rumpf replied it would depend on the changes being
made.
Commissioner Ensler inquired if the information had been received from the manufacturer of
the blowers on the carwash and acoustics. Mr. Rumpf indicated a follow up call had been
made and he would relay the information as soon as it was received. Mr. Rumpf recommended
the matter be tabled until all the information is received and reviewed. Mr. Bressner pointed
out the Planning and Development Board did not accept staff's recommendation, did not agree
with the wall and had passed the matter on to the Commission.
Mayor Taylor was concerned about the change in the franchise and advised he would not
approve something without full knowledge of what was being proposed. Mr. Cherof noted the
site plan only was before the Commission regardless of ownership. Mr. Rumpf added the
applicant would remain the same with or without the franchise. A meeting had been scheduled
with the agent to redesign or flip the building so the noise would be directed south.
Commissioner Ensler related to the long history of the project and the fact 2,000 people had
asked the project not be built. He felt a proper site plan was essential to be fair to the citizens
and the information provided was unreliable.
Mr. Bressner reminded the Commission of their right to reject or modify the Planning and
Development Board recommendation, make their own specific recommendations or table the
item to allow staff to review any new information. Mr. Bressner also inquired when the
Commission would like to hear the item on the agenda in view of Mr. Weiner's letter requesting
delay to the end of the meeting due to a scheduling conflict.
Mayor Taylor did not have a problem with delaying the matter until later in the agenda, but
cautioned the information provided was not adequate. Commissioner Ensler agreed important
information needed to be submitted and reviewed by the Planning and Development Board
along with the Commission for consideration. Consensus was reached to delay the item on the
agenda as requested by Mr. Weiner.
Commissioner McCray remarked the agent would be present and any questions could be
answered. He noted the item had been pending for a considerable amount of time. The
suggestion was made to hear the item after XII. Legal. Commissioner Ensler contended many
of the citizens who wished to speak on the item were older and would be forced to stay until
the end of the meeting. His recommendation was to move the item to the beginning of the
agenda and Mr. Weiner could be late for his schedule elsewhere. Mayor Taylor felt
Commissioner Ensler made a good point, but added the agenda was rather long and Mr. Weiner
may be able to appear on time.
x. FUTURE AGENDA ITEMS:
Mr. Bressner suggested the presentation of the pay plan recommendations should be added to
Future Agenda Items with a date certain of January 17, 2006.
7
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
XI. NEW BUSINESS:
A. Consideration of desired action toward non-conforming signs damaged by
Hurricane Wilma.
Commissioner Ensler requested the sign on 33rd and South Congress be added to the list of
non-conforming signs. Mr. Rumpf explained the list submitted had been compiled by Code
Compliance based on the Code. He also clarified the definition of a non-conforming sign based
on the criteria established in the Code. Mr. Bressner cautioned the list provided was a snap
shot in time
XII. LEGAL:
C. Resolutions:
4. Proposed Resolution No. ROS-208 RE: Authorizing
(a) the Community Redevelopment Agency to issue up to $12,000,000 in
Tax Increment Revenue Bonds, Series 2005 and (b) a guaranty by the
City of the payment of the Bonds.
Commissioner McCray asked that information be provided on how much would be allocated
specifically to the Heart of Boynton (HOB) project.
Commissioner Ensler questioned if the Community Redevelopment Agency had sufficient funds
available to cover the $12M in bonds to guarantee the funds. Bill Mummert, Director of Finance
responded a coverage ratio report had been provided. He felt confident, based on the revenue
and the increase in projects, the ratio was adequate. Accordingly as development grows the
revenues will increase significantly. Commissioner Ensler was assured by Mr. Bressner that the
monies for the HOB project had been covered in the analysis.
No further matters coming before the Commission, Mayor Taylor adjourned the conference at
10:46 a.m.
8
Meeting Minutes
Agenda Preview
Boynton Beach, FL
December 2, 2005
CITY OF BOYNTON BEACH
ATTEST:
'ssioner
/d-L? -~,~
.~ . mmiss~oner ~
/f:-~ L- -
Commissioner
~Yn. ~
Ci Clerk
~
(12/12/05)
,
9