Minutes 02-17-06
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS
ON FRIDAY, FEBRUARY 17, 2006 AT 10:00 A.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mike Ferguson, Commissioner
Mack McCray, Commissioner
Chief Bingham for City Manager
Jim Cherof, City Attorney
Judy Pyle, Deputy City Clerk
Call to Order
Mayor Taylor called the meeting to order at 9:59 A.M.
I. OPENINGS:
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ensler announced he had invited Dr. Garcia from Interactive Television to be
present because she is sending the letter to Governor Bush supporting the Education Network
of Palm Beach County, to be selected as a Confucius Institute. Jeanne Heavilin, Chairman of
the CRA was also invited due to her association with the Chinese Center.
Commissioner Ensler indicated he also had an item for Additions, Deletions and Corrections
(above) and detailed Proposed Ordinance No, 06-014 listed as item 12B should be heard before
the Site Plan, Item VI .0.2. is heard. Commissioner Ensler requested the agreements that were
made between the developer of the Church (St. Johns Armenian Church) and the residents of
Leisureville be included in the site plan; more specifically, a complete list of the agreements that
were made between the parties, be given to the Commission members. There was discussion
on whether this was allowable. Attorney Cherof will review the issue. Mike Rumpf, Director of
Planning and Zoning was present and indicated the list included as back-up was complete. The
items were taken from correspondence between the parties. It was noted the list was page 4,
Exhibit C of the agenda item.
Mayor Taylor also indicated he met with the Chairman of the Community Redevelopment
Agency (CRA), Jeanne Heavilin, in reference to prior conversations of the City Commission
relating to having a CRA representative at City Commission meetings. Ms. Heavilin is also
conveying the message to the CRA members as well.
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It was acknowledged the CRA is an independent board and operates independently of the City
Commission. The Executive Director, Lisa Bright, reports to the CRA Board and not the City
Commission. Mayor Taylor detailed the former CRA Director, Doug Hutchinson, used to meet
with the City Commissioners individually, but that was not a requirement. To meet in that
fashion takes time out of the CRA Directors schedule. Information that passes between these
two entities should pass between the Chair of the City Commission and the Chair of the CRA.
The City Commission cannot direct the CRA Director to attend. Mayor Taylor informed the
Commission, the CRA Director already reports to seven other individuals.
There was discussion among the Commissioners that a lot is happening in the Heart of
Boynton, and meeting once a month with the Director would be helpful. Commissioner Ensler
had been meeting with her for about one-half hour as part of a meeting with another staff
member. There was consensus for Mayor Taylor to send a letter to the CRA Chair expressing
the Commission's request that attendance at meetings is beneficial.
Commissioner Ensler requested the City Commission give consideration to the future location of
City Hall. This will be placed on the April 2006 Commission Agenda.
Commissioner Ensler also discussed the Club House at Intracoastal Park. This facility has been
in the City's plans for the last two years and the design has been changed significantly from the
original plan that was agreed to with the community. At that time the plan design allowed for
activities to hold up to 200 individuals by having expandable rooms. At present, half the
building is being allocated for different uses such as art programs. This was discussed at the
CRA meeting when they reviewed it. As a result, the room capacity upstairs is diminished and
could only accommodate groups of 40 - 60. Commissioner Ensler questioned whether this
would meet the needs of the community and if the City wants to have weddings and other
types of functions there competing with other vendors. He recommended these are issues that
should be addressed as the Capital Improvements Plan is being reviewed.
III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS:
A. Announcements:
Chief Bingham announced the letter he distributed regarding the next Commission meeting on
February 28, should begin at 7PM. There is a conflict with a CRA meeting immediately prior to
the Commission meeting resulting in the time change from 6:30 pm to 7:00 p.m.
Mayor Taylor requested the City look into the Extreme Makeover Little League Park. Mayor
Taylor explained it was rumored the plasma TV installed in the pavilion area would be sold.
Mayor Taylor requested the City investigate who has jurisdiction in this issue, and whether Little
League has the right to sell the TV.
Commissioner Ensler left the dais at 10:20 a.m.
V. ADMINISTRATIVE:
A. Appointment of Angelina Milano, Larry Goldgeier, Marvin Liebensohn, Jerry Jones,
Wilbur Jean Sims, Bill Andrea, Marilyn Nemes, Rear Admiral Thomas E. Morris
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and Retired General Albin Irzyk and Hilda Girtman Pitts as honorary members of
the Veterans Advisory Board.
Commissioner McCray questioned what the list of Honorary Members was. It was explained the
Veterans Advisory Commission was recommending those individuals be appointed as Honorary
Members. The length of the term was noted as one year.
Commissioner Ensler returned to the dais at 10:22 a.m.
VI. CONSENT AGENDA:
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve a piggyback of the NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT (NPBCID) PROJECT #1250 to Shenandoah
Construction of Pompano Beach, Florida for Wet Well Maintenance to
Master Lift Station #309 & 356 for an expenditure of $140,300.00.
Commissioner McCray requested the maintenance schedule. Kofi Boateng, Utilities Director was
present and responded there has been a program in place, but it was not as organized as it is
now. Commissioner McCray requested support materials be provided to him. He wanted to
know the time frame for the maintenance schedule for these issues.
2. Approve a piggyback of Palm Beach County Bid #05-074MP to Contract
Connection, Inc. of Jacksonville Beach, FL in the amount of $33,174.20
to purchase playground equipment for Forest Hill Park.
Commissioner McCray had questions about how long the playground equipment had been in
place. Jody Rivers, Parks Superintendent, responded the equipment had been in place
approximately 15 years. The equipment was partially damaged during Hurricane Wilma and
they are unable to find replacement parts.
C. Resolutions:
1. Proposed Resolution No. R06-042 RE: Approving and
authorizing execution of an Amendment No. 1 to Task order No. 3 for
Brown and Caldwell, for the purposes of exploring water supply options
and meeting with regulatory agencies regarding modification of the
Water Use Permit (Task Order No. U05-03-03).
Commissioners McCray and Ferguson had questions on Item c.1. Commissioner Ferguson
elaborated he had questioned the $11,800 that was previously authorized. He thought
decisions needed to be made before going back to the South Florida Water Management
District, (SFWMD). Commissioner Ferguson detailed there are areas in the County that will
never be annexed, west of Military Trail and north of Hypoluxo Road, and could not understand
why the City was getting water from the County and servicing an area in the County.
Commissioner Ferguson suggested having a workshop on the program. He also had problems
with the wastewater issues.
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Mr. Boateng, Utilities Director, provided background information to the Commission. He
explained there was a critical need to review the long term water supply program and develop a
plan. There was also a critical need to validate the Capital Improvement Program (CIP). The
first issue was the need to be fiscally responsible to the rate payers. The second issue was the
growth and future long term needs in the area. The third issue pertained to limitations placed
on the City by the SFWMD, in terms of the amount of water the City would be able to draw
from the surficial aqUifer. To address these issues, Brown and Caldwell were retained. One
option identified, was to expand the East Plant and the other was to expand the West Plant.
There was also the option of long term purchase of water from the County and others. Some
of the options had astronomical costs associated with them, and through due diligence, they
applied a rigorous business evaluation criterion and looked beyond traditional options such as
desalinization, pooling resources with neighboring municipalities as well as piping water from
Lake Okeechobee. A life cycle cost analysis was applied and the costs were brought to present
day. Three options were developed. The top alternative was to expand the West Plant and
upgrade the East Plant. The more expensive option was to upgrade the East Plant. The third
option was to continue to purchase water from the County. The City Manager was to be
briefed on the options they had, however, they realized some of the assumptions they based
their decisions on became questionable. There was not sufficient data to support the concept
of there being an abundance of water in the Floridan Aquifer. The South Florida Water Utilities
Council similarly, had the same concerns and strongly expressed those concerns to the SFWMD.
Mr. Boateng thought it would be prudent to set up a special meeting with the City Manager and
apprise him of their concerns. The top hydro geologist from Brown and Caldwell came in and
their top business analyst attended this meeting with the City Manager, who subsequently
briefed the Commission. The $11,800 arose from that meeting. It was not identified in the
original task order. It was clarified this is an amendment to the original task order.
Mayor Taylor recounted Brown and Caldwell were given an original task to accomplish,
however, unforeseen issues arose. In order to tie it all together, an amendment was needed.
Some of the funds have already been spent in anticipation of approval of this item. Mayor
Taylor emphasized the Commission was not approving any options; rather this will bring the
options to the Commission.
Commissioner McCray expressed concern with the cost and asked if this matter could be
handled in-house. Mr. Boateng responded the City does not have the staff in-house to handle
this project. He further expressed he does not anticipate Brown and Caldwell to be doing
additional work. Mr. Boateng explained part of what is being done presently is investigating
other possibilities. There is a plan in place now and they are waiting for the population
demographics to be incorporated into the Capital Improvements Plan. There is a plan in place,
but the purpose was to investigate some of the new information they received, prior to
spending millions of dollars. Mr. Boateng thought it was prudent to investigate the information.
Commissioner Ensler asked if this item was approved, and once the population demographics
were obtained, whether the City could move forward with a design and have a plant built. Mr.
Boateng responded he was ready to build a plant now.
Mayor Taylor added they just received a new option last week concerning using surface water
from the Everglades, which could last forever.
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Commissioner McCray asked why the amount of the Task Order was not included in the agenda
item. Mr. Boateng responded he would include that in the future.
2. Proposed Resolution No. R06- RE: Approving
terms and conditions set forth in EMS Grant award (C-5050) as approved
by the Palm Beach County Division of Emergency Medical Services for an
All Terrain Ambulance vehicle with a full ambulance package for use by
Ocean Rescue personnel.
Commissioner McCray asked why the cost was not included in the agenda item. Chief Bingham
replied the cost is $17,000 and would be included in the future.
8. Proposed Resolution No. R06- RE: Approving and
authorizing execution of an agreement for technical support between the
City of Boynton Beach and the Community Redevelopment Agency
(CRA).
Commissioner McCray asked for additional details on this item. Mayor Taylor explained the
CRA will be using the City's ITS staff and will pay the City $18,000 for those services to be
provided with a 3% increase each year.
D. Ratification of Planning & Development Board Action:
1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a
minimum lot frontage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of 3 feet), and requiring a minimum lot area of 7,500
square feet to allow a minimum lot area of approximately 6,850 square
feet (a variance pf 650 square feet) for a proposed single-family
residence within the R-1-A Single-Family zoning district.
Commissioner Ensler will pull this item as a quasi judicial hearing.
2. St. Johns Armenian Church (SPTE 05-006) (fka St. Gregory
Armenian Church) Request for a second (1) one year time extension of
the site plan approval granted on September 2, 2003, from September 2,
2005 to September 2, 2006.
Commissioner Ensler will pull this item as a quasi judicial hearing
Commissioner Ferguson commented this site plan started September 2, and it is nearly March.
He indicated he thought this item should have been heard in October.
J. Return cash bond of $29,700.00 to Hunters Run for the project known as Hunters
Run (Lodge/Card Room).
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Commissioner Ensler announced he is a member of the Hunters Run Association, owning one
share of stock in it, and resides in the community. He was requesting verification of whether he
needed to recuse himself. Attorney Cherof responded he did not need to recuse himself.
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
A.
Project:
Agent:
Owner:
Location:
Descri ption:
Rapido Rabbit Carwash (COUS 05-004)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
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-1, Industrial. (Tabled
to 2/21/06)
Commissioner Ensler questioned a cross access agreement included in the back-up materials.
He asked if both parties had signed the agreement. Mr. Rumpf responded he did not recall, but
would have the answer available at the next meeting. Attorney Cherof indicated the form was
reviewed but he had not seen a signed copy of it.
Commissioner Ensler also asked who the principals and officers for both parties and
corporations were. He further expressed his understanding the building would be rotated. Mr.
Rumpf clarified a decision was made by the applicant not to rotate the building. He distributed
information received from the applicant prior to the meeting, in response to their request for
additional information. This included all the information requested, except for the mathematical
calculations used to base their conclusions on. A copy is available in the City Clerks office.
IX. CITY MANAGER'S REPORT:
A. Review and select evaluation instrument for City Manager's Evaluation
Mayor Taylor explained there were several choices in the back-up and they will need to decide
which one to use.
Commissioner McCray requested confirmation there would be an Agenda Preview Meeting on
February 24, 2006. It was confirmed there would be an Agenda Preview Meeting on February
24, 2006.
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XIV. ADJOURNMENT:
There being no further business, the meeting properly adjourned at 10:49 a.m.
CITY OF BOYNTON BEACH
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ATTEST:
Commissioner
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