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Minutes 09-19-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 19, 2006, AT 6:30 P.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: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. William Stomski & Student - St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was by Rev. William Stomski and Billy Earnhart. The Pledge of Allegiance was led by Commissioner Ferguson. Mayor Taylor thanked Master Earnhart for giving the invocation and Reverend Stomski for his assistance. 1. Second Budget Public Hearing for Fiscal Year 2006/07 Budget 2. Proposed Resolution No. R06-155 Rate for Fiscal Year 2006/07 Re: Adopting the Final Millage 3. Proposed Resolution No. R06-156 for Fiscal Year 2006/07 Re: Adopting the Final Budget Attorney Cherof read Proposed Resolutions No. R06-155 and R06-156 by title only. Mayor Taylor opened the issue for public hearing. Herb Suss, Quail Run, agreed with the lowering of the millage rate, but felt the 7.1 mills would be too low and fiscally irresponsible. Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Don Fenton, 2556 SW 23IU Drive, requested the Commission reduce the tax further than proposed to 6.5 mills. He contended Palm Beach County has been escalating taxes resulting in lifestyle changes for the citizens. Lowering taxes and reducing bureaucratic red tape would boost the economy with more jobs and budget surpluses. He recommended the City continue to lower the tax rate. Sergio Casaine, 13 Meadows Park Lane, agreed the tax rate should be lowered further. He suggested a portion of the monies being spent for the Intracoastal Clubhouse could be better spent on the youth. He asked that the budget be postponed until several of the budget line items could be reviewed and adjusted. No one else coming forward, Mayor Taylor closed the public hearing. Commissioner Ferguson thanked Mr. Fenton for his remarks and agreed with the 6.5 mills suggested. He calculated only 20% of the existing surplus would be returned to the citizens. Gas prices have risen, homeowner's insurance has more than doubled, and county taxes have risen. Commissioner Ferguson urged the Commission to not approve the budget or the millage rate. Commissioner Ensler felt the proposed millage rate was a compromise for everyone. He emphasized there was no deficit financing being done to balance the budget. Commissioner Ensler questioned the procedure to be followed if a deficit arose in the capital improvement plan. Attorney Cherof advised the budget could be amended during the fiscal year to transfer funds from another source. Mayor Taylor alleged the reduction of the tax rate was significant and a compromise for the entire Commission. He stressed he would not support any type of deficit budgeting. He supported the millage rate being set at 7.1 mills and the budget as proposed. Commissioner McCray inquired of the City Manager regarding the alleged deficit financing of the City's budget. Mr. Bressner explained the City's revenue had been slightly less than the expenditures. Unobligated cash balances within the general fund had been utilized to balance the budget to stabilize the tax rate. The cash reserve had been tapped and a portion of the unobligated fund balance had been transferred. In reality expenses were reduced and revenues increased, creating a surplus. Commissioner McCray would only support a 7.0 millage rate. Vice Mayor McKoy commended the work done on the budget and he supported the 7.1 mills compromise to avoid any deficit financing. Motion Vice Mayor McKoy moved to adopt Proposed Resolution No. R06-155. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 3-2. (Commissioner McCray and Ferguson dissenting.) 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Mayor Taylor again opened the issue for public hearing on either the millage or the budget. No one having come forward, Mayor Taylor closed the public hearing. Motion Commissioner Ensler moved to approve Proposed Resolution No. R06-156. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Vote City Clerk Prainito called the roll. The motion passed 3-2. (Commissioners McCray and Ferguson dissenting) D. Agenda Approval: 1. Additions, Deletions, Corrections No addition, deletions or corrections were requested. 2. Adoption Motion Vice Mayor McKoy moved to approve the agenda as presented. Commissioner Ferguson seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray invited the public to attend the 98th anniversary of the St. John Missionary Baptist Church on September 24th at 7:45 a.m. and 10:45 a.m. Mayor Taylor announced Regenia Scott of Neighborhood Services would be hosting a neighborhood networking event on Thursday, September 28th from 6:30 p.m. to 8:30 p.m. at the Madsen Center. All homeowner associations had been invited. III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS: A. Announcements: 1. South Florida Water Management District awards grants in the amount of $687,800 to the City for the installation and development of alternative water supplies. Paul Fleming, Senior Project Manager and Peter Mazzella, Deputy Director of Utilities, explained all the commitments for the grants had been fulfilled and the City qualified for the full funding value offered for matching grant funds from the South Florida Water Management District. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Mayor Taylor asked Mr. Fleming and Mr. Mazzella to extend the appreciation of the Commission to everyone involved in reaching the goal. At the request of Commissioner Ensler, Mr. Mazzella explained alternative water supplies included anything other than the ordinary source from the surficial aquifer. B. Community and Special Events: None C. Presentations: 1. Proclamations: a. National Geographic System (GIS) Day - Nov. 15, 2006 Mayor Taylor read the Proclamation declaring November 15, 2006 as National Geographic System Day and presented it to Peter Wallace, Director of Information Technology Services for the City of Boynton Beach. 2. Presentation of Citation to Valorie Moats, for her work on behalf of the Delta Demons, the City's adopted military troop. Mayor Taylor read the tribute to Valorie Moats for her commitment, diligence and support of the Delta Demons, the City's adopted military troops. He presented Ms. Moats with the citation and thanked her for her efforts and dedication. 3. Presentation by FDOT of the South Florida East Coast Corridor Transit Analysis Study - Brief overview of project, a status report and key findings. Michael Moore, Consultant for the Florida Department of Transportation, gave a brief overview of the East Coast Corridor Study and two-tiered alternatives analysis. First, the feasibility of the project is studied and then secondly the detail of the project would be analyzed. The study area is centered along the FEC alignment, being two miles wide and 85 miles long. The focus would be the north/south mobility issues considering the FEC, Amtrak and Tri-Rail lines, US 1 and I-95. Mr. Moore explained the study was undertaken to consolidate all the efforts along the east coast in one study. Both light and heavy rail options were studied along with the anticipated ridership through the year 2030. The study concluded the FEC was the most reasonable alignment. The US 1 alignment would be the most costly. The I-95 alignment would be an engineering challenge, but a regional bus alternative would be available. Public input and meetings are continuing to be held. Mr. Moore acknowledged east/west connectivity had to also be considered even though it is not the primary purpose of the study. Noise and quiet studies would be part of the second tier along with land use and station suitability. Coordination with other ongoing projects had been a major challenge. 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Mayor Taylor asked for clarification on the proposed completion date. Mr. Moore speculated if all areas of the study came together well, six years would be an appropriate target. He noted the object would connect the more dense urban areas along the east coast. Commissioner Ferguson suggested the FDOT might consider extending the program as far north as Melbourne, in light of the extensive development in the St. Lucie area. Mr. Moore agreed and indicated the Treasure Coast had already approached the FDOT for consideration. Commissioner Ferguson commented connecting with the Glades area using a rail hub that had been used by the sugar companies would be another option. Mr. Moore concurred and noted coordination of those efforts were underway too. 4. Proposed Resolution No. R06-157 Re: Providing for the issuance of $20,000,000 principal amount of Public Service Tax Revenue Bonds, Series 2006, in order to finance capital expenditures related to recreation and public safety facilities of the City. Attorney Cherof read Proposed Resolution No. R06-157 by title only. Commissioner Ensler announced for the benefit of the public that the three projects were the Intracoastal Clubhouse, Wilson Center pool and the new Fire Station #5 and EOC. Mayor Taylor discussed the Intracoastal Clubhouse having been promised to the community seven or eight years ago. It had been suggested a second story be added to the structure to create a possible rental revenue source. The design has evolved and the construction costs have risen like all projects. Mayor Taylor felt the project should go forward. The boundless park was designed for use by not only handicapped individuals, but also all children and families. Those funding plans had progressed through the legislature and Governor's office to no avail. Presently a committee has been formed to find bigger sources of money to continue the plan for the boundless playground and the entire park. Mayor Taylor suggested transferring $2.5M from the General Fund reserve monies for the boundless playground only as a capital cost. Commissioner McCray wondered if the committee would continue to seek funds to offset the $2.5M transfer and Mayor Taylor confirmed the committee would be ongoing and seek funds for other projects as they arise. Commissioner McCray agreed with the transfer of $2.5M for a capital project. He did note the three proposed projects have been in progress for many years while the boundless park is only two years old. Vice Mayor McKoy also supported the transfer of the $2.5M as a capital project. He felt it was important that some type of building be erected at the Intracoastal Park, but remained concerned with the escalation of the design and cost from its original plan. Mayor Taylor understood the concerns and expressed his opinion the rise in construction costs in general contributed to the need for increased funding. He stressed the clubhouse would be for the use of the entire community when it was completed. 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Commissioner McCray agreed with Mr. Casaine that the new clubhouse could be a venue for more youth activities including educational and job training programs. Mayor Taylor agreed and noted recreational activities were being planned for the new facility. He took exception to the idea that the youth of the City were not being considered in light of the Wilson Center and Library expansion plus the monies spent for the PAL program and the HeadStart program. Commissioner Ferguson strongly opposed taking monies from the reserve funds. He felt the monies should be maintained as long as possible. Mr. Bressner suggested a motion be made regarding the use of the reserve funds to commence the boundless playground project. Motion Commissioner Ferguson moved to approve Proposed Resolution No. R06-157. Motion Commissioner Ensler moved to approve up to $2.5M of the reserve funds to initiate the work for a boundless playground. Commissioner Ferguson noted the issue did not appear on the agenda. Attorney Cherof advised Commissioner Ensler's motion must be returned to the Commission for approval by Resolution to effectuate. Mr. Bressner supported the motion and stressed the fundraising activities would be able to continue. The boundless playground would be the one project that would generate external funding. Commissioner McCray seconded the motion to approve the $2.5M for the boundless playground and seconded the motion to approve Proposed Resolution R06-157. Attorney Cherof dictated the bond resolution should be considered first. Commissioner Ensler withdrew the motion on the boundless playground. Discussion (Bond Issue) Commissioner Ensler alleged the 2004 bond issue and the expenditures reflect $lM still available. Mr. Bressner explained there is cash in the capital improvement budget that has been carried over from the 2004 budget. The revenues are commingled across many capital improvement projects including the Library expansion, interim restoration of the Old High School, Jaycee Park and the Wilson Center. Several of the projects targeted in the 2004 budget have increased in cost and are now spread throughout the capital improvement plan to the year 2010. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Mr. Bressner added the cost of other unanticipated capital projects were also included in the first bond issue. Commissioner Ensler felt the Commission perhaps did not understand when the projects were approved that the funds were being taken away from the Wilson Center and Intracoastal Clubhouse. A specific bond allocation for each project is not done, according to Mr. Bressner, because the revenues are commingled from cash, grants and the bond issue. Mr. Mummert explained funds that were not spent are held in the cash fund balance. He cautioned as part of the overall spending plan to attain a remaining fund balance of $lM by fiscal year 2009/2010, the fund balance, the bond issue and all the revenues anticipated for the next three to four years will be needed. Vote The motion to approve the Proposed Resolution No. R06-157 passed unanimously. Motion Commissioner Ensler moved to approve up to $2.5M of the reserve funds to initiate the work for a boundless playground. Vice Mayor McKoy seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting) IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Herb Suss, Quail Run, expressed his opinion the issue involving Lt. Root was not handled well, allowing the officer to be on administrative leave with pay since April at the taxpayers' expense. He also opposed political speeches during City Commission meetings. Mr. Bressner corrected Mr. Suss that he had not received the case for consideration until July and a predetermination conference, as required, was held on August 2nd. Mr. Bressner could not make a decision until after the conference had been held. Mayor Taylor assured Chief Immler had not been undermined by Mr. Bressner or the Commission and the employee had been afforded the due process allowed. Commissioner Ensler commented full consideration needed to be given to the individual and his family's livelihood and pension. Art Mathews, Chair of the Golf Course Advisory Committee, appreciated the air compression system used at The Links to clean golf shoes. He commended the Committee and applauded the administrative staff for the wonderful asset. George Moyer, 740 NW 10th Court, President of the Homeowners' Association of Skylake, requested the Commission urge the developer of the Boynton Commons Complex complete the landscaping, berm and buffer zone on the east side of the project to shield the residents of Skylake from the dust, dirt and debris. He submitted a petition of signatures from the residents of Skylake asking for the Commission's assistance. 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Mayor Taylor indicated construction sites are required to control the dust and erect a barrier around the project to contain any flying debris. The developer would be contacted and the situation monitored. Bob Irsay, 1003 NW 11th Street, 2nd Vice President of Skylake Homeowners' Association, reiterated the concerns of the residents and added the project would be ongoing for an extensive period of time and urged the Commission to resolve the problem. Peter Carney, Tax Collector, offered the assistance of his office to the City and announced new services would now include use of e-checks and credit and debit cards at all branches. Sunny Garcia, 1631 NW 3rd Lane, requested a break-down of the monies given to the PAL program. Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept resignation of Marlene Ross, Regular member of the Education & Youth Advisory Board. Motion Commissioner Ferguson moved to accept the resignation of Marlene Ross. Commissioner McCray seconded the motion. The motion passed unanimously. B. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) Ensler Cemetery Board Alt 1 yr term to 4/07 Tabled (2) III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (3) I Ensler Community Relations Board Reg 3 yr term to 4/08 Tabled (2) II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) III Ferguson Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (2) II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11 Tabled (3) Motion Commissioner McCray moved to appoint Robert Kane to the Golf Course Advisory Committee. Vice Mayor McKoy seconded the appointment. The motion passed unanimously. IV III McKoy Ferguson Library Board Library Board Alt Alt 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (3) 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 II McCray Planning and Development Alt 1 yr term to 4/07 Motion Commissioner McCray nominated Mathew Barnes as an alternate on the Planning and Development Board. Vice Mayor McKoy seconded the motion. The motion passed unanimously. I II Ensler McCray Recreation & Parks Board Recreation & Parks Board Alt Reg 1 yr term to 4/07 Tabled (3) 3 yr term to 4/07 Motion Commissioner Ferguson moved to table all appointments not made. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - September 1, 2006 2. Regular City Commission - September 6, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award Bid #044-2821-06/0D, "WEST WATER TREATMENT PLANT IMPROVEMENTS, PHASE IV" to Interstate Engineering Corp. and execute a contract in the amount of $4,976,517, plus an owner's contingency of 10% in the amount of $497,651.70 for a total project budget appropriation of $5,474,168.70. (Proposed Resolution No. R06-158) 2. Approve the piggyback of the Jacksonville Electric Authority (JEA) Bid #WCS-123-00 with Insituform Technologies, Inc. for Cured-in-Place Pipe and Lateral Cured-in-Place Pipelining at an estimated expenditure of $100,622.50. 3. Approve a contract for Bid #054-2413-06/0D, CONSTRUCTION OF THE INTRACOASTAL CLUBHOUSE PAVILION to Brang Construction Inc. of Florida in the amount of $3,097,000 with a contingency of $309,700 for a total expenditure of $3,406,700. (Proposed Resolution No. R06-159) C. Resolutions: 1. Proposed Resolution No. R06-160 Re: Appointing the Supervisor of Elections to handle and canvas the City's absentee ballots and represent the Municipal Canvassing Board at the Logic & Accuracy Testing. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 2. Proposed Resolution No. R06-161 Re: Authorizing the execution of an agreement with Palm Beach County for funding reimbursement in the amount of $3,700 for the 2006 Heritage Festival. 3. (Intentionally left blank) 4. Proposed Resolution No. R06-162 Re: Authorizing the execution of Amendment No. 1 to Task Order U05-01, Jordan, Jones & Goulding, Inc. (JJG) in the amount of $197,844 for construction administration, management and field inspection for the West Water Treatment Plant (WWTP) Improvements, Phase IV. 5. Proposed Resolution No. R06-163 Re: Approving the roadway name change of N.E./N.W. 22nd Avenue, from U.S. Highway One (Federal Highway) westward to Jog Road to be known as Gateway Boulevard. 6. Proposed Resolution No. R06-164 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Robert & Grace Luppino for the property at 1046 Florence Road, Lake Worth, FL (Hypoluxo Ridge Lot 61) Commissioner Ferguson pulled item Vr.C.6 for discussion. 7. Proposed Resolution No. R06-165 RE: Approving and authorizing execution and payment of an annual service agreement between Motorola and the City of Boynton Beach in the amount of $128,219.16, to provide 24 hour repairs for dispatch service, technical support service, network monitoring services, infrastructure repair with advanced replacement service, onsite response service - Premier Option, and microwave services. D. Approval of FY 2006/2007 pay plan and a 5% market adjustment for general employees as recommended by MGT of America. E. Accept the Special Warranty Deed from Compson Associates of Boynton II, LLC, for additional roadway right-of-way along the south side of Gateway Boulevard to provide for turn lanes into the Renaissance Commons development along its north boundary line. F. Accept the Limited Access Easement from Compson Associates of Boynton II, LLC, for additional roadway right-of-way access control along the south side of Gateway Boulevard in providing for turn lanes into the Renaissance Commons development along its north boundary line. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 G. Approve the release of a Performance Bond in the amount of $102,042.60 posted by D. R. Horton in connection with the Serrano PUD development. H. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $34,247.S4 in the Sanitation Fund and by $17,44S.S0 in the General Fund. Commissioner Ensler pulled item V1.H for discussion. 1. Approve the extension and renewal for the 2006-2007 Premium Year Property & Casualty Insurance Program in the amount of $2,062,61S. J. Approve the release of a cash surety in the amount of $SOO to Theodore Ryan for excavation and fill work completed at the SW corner of NE 10th Avenue and N E 7th Street. K. Approve the release of a cash surety in the amount of $SOO to Teresa Paredes for excavation and fill work completed at lS00 NE 4th Street. L. Approve the release of a cash surety in the amount of $3,OSO to D.R. Horton Homes in connection with the Parkside Townhomes. M. Approve the release of a Performance Bond in the amount of $137,SOO to D. R. Horton Homes in connection with the Parkside Townhomes. N. Approve the release of a Letter of Credit in the amount of $86,669 to D. R. Horton Homes in connection with the Parkside Townhomes. O. Approve the release of a Letter of Credit in the amount of $60,940 to D. R. Horton Homes in connection with the San Savino PUD. P. Approve the use of $2,SOO from Commissioner Ensler's Community Investment Fund towards the construction of a base for the monument donated by Commissioner Ensler on the City traffic circle across from the American Legion Hall Post 164, S71 W. Ocean Avenue, Boynton Beach. Q. Approve the use of $2,000 from Vice Mayor McKoy's Community Investment Fund for MAD DADS of Greater Boynton Beach, Inc. to provide additional resources (financial, office space, etc.) for their Children and Youth Division. R. Approve the use of $2,000 of Commissioner McCray's Community Investment funds for the Lena Rahming/Maude Ford Lee Scholarship Fund. Motion Vice Mayor McKoy moved to approve the consent agenda items with the exception of those pulled for discussion. Commissioner Ferguson seconded the motion. The motion passed unanimously. II Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Motion Commissioner McCray moved to add Commissioner Ensler seconded the motion. Neighborhood Services under New Business. The motion passed unanimously. V1.C.6. Proposed Resolution No. R06-164 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Robert & Grace Luppino for the property at 1046 Florence Road, Lake Worth, FL (Hypoluxo Ridge Lot 61) Commissioner Ferguson announced he would be voting against the Proposed Resolution even though it was only symbolic. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-164. Vice Mayor McKoy seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting) V1.H. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $34,247.54 in the Sanitation Fund and by $17,445.50 in the General Fund. Commissioner Ensler recalled the procedures were to be changed so it would not be necessary to write-off these debts. Bill Mummert, Director of Financial Services, explained the amounts were not being written off but sent to a collection agency for payment. It was at the request of the auditor that the Accounts Receivable ledger be adjusted for aged accounts over a year old. The practice and policy involves a tiered billing process culminating after 90 days with the amounts turned over to a collection agency. Collection would be pursued and a delinquency list is maintained for future reference. Commissioner Ensler did not understand why the amounts could not be paid upfront for the rolloffs. Mr. Bressner indicated after review, it was recommended that not be done. Jeff Livergood, Director of Public Works, advised it was not an industry standard to do so. He noted the competition is the private sector and from a customer service standpoint, it was not advisable. Far more accounts do pay and it would not be fair to those customers. Motion Commissioner Ferguson moved to approve item V1.H. Commissioner McCray seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE 8< LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Descri ption: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. (Applicant requests withdrawal of item for public hearing until October 3, 2006) Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. (Applicant requests withdrawal of item for public hearing until October 3, 2006) Motion Commissioner Ferguson moved to postpone items VII1.A and VIII.B to October 3, 2006. Vice Mayor McKoy seconded the motion. The motion passed unanimously. c. Project: Agent: Owners: Location: Description: Boynton Village Condo Parcel - WR 1 (COUS 06-007) Carl Klepper, Compson & Associates 1950 Congress Avenue LLC Northeast corner of Old Boynton Road and Congress Avenue, just south of the Boynton C-16 Canal Request for conditional use/major site plan modification approval to increase maximum building height from 65'-1" to 75' by the addition of a sixth (6th) floor to the previously-approved five-story condominium buildings, including an increase in total condominium units from 376 to 440 units (64 additional units) on an 8.968-acre portion of the 106.5-acre Boynton Village and Town Center site. Attorney Cherof administered and oath to all those intending to testify and explained the procedure to be followed. 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Carl Klepper, 980 Federal Highway, agent for the applicant, confirmed agreement with all the conditions for approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.C. Commissioner Ferguson seconded the motion. The motion passed unanimously. Mayor Taylor requested Mr. Klepper discuss with Mr. Comparato the complaints of the residents of Skylake. Mr. Klepper indicated he would discuss the matters with the developer and hoped to resolve the issue as soon as possible. IX. CITY MANAGER'S REPORT: A. Discuss feaSibility/cost analysis of Saturday hours for Building Division Nancy Bryne, Assistant Director of Development reviewed the cost analysis of the feasibility of Saturday hours for the Building Division. She cautioned the services to be provided are minimal compared to the weekday operations. The Saturday hours were oriented to residential owner/bUilders who would be working during the week. The professional contractors operate on a Monday through Friday basis. Ms. Bryne further clarified any other departments' involvement with the permitting process had not been included in any of the proposals. The proposals used City Hall or City Hall at the Mall and outlined the needed staff and permits that could be issued. With any of the alternatives, there would be the possibility of staff shortages during the week days and consultants may be required to accommodate the highest demand periods for the professional staff. The recommendation of staff was to use appointments to assess the demand from the public and schedule employees on an overtime basis in conjunction with the bargaining agreements. Ms. Bryne emphasized the permit revenue would be minimal and may not cover the cost of the extended hours. Mr. Bressner intetjected the customer base had not been surveyed to substantiate an actual need. Commissioner McCray felt the Saturday hours could create another source of complaints if residents waited for the weekend and long waits were encountered. He did not see the need for Saturday operation. Mayor Taylor agreed with Commissioner McCray and felt it would conversely impact the work schedule during the week. Commissioner Ferguson did not believe the City had the capability to execute anything on a Saturday without the involvement of other departments. He felt the item should be reviewed again after six months. Mr. Bressner suggested the customer base be surveyed to ascertain the level of interest. 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Commissioner Ensler felt if it could not be done right it should not be done at all and may well create more problems. Vice Mayor McKoy agreed with the comments and noted the idea was initially brought up to address the many concerns being expressed previously by the public. He stressed superior customer service should be the standard and the survey and future review would be appropriate. Mayor Taylor declared the consensus was that Saturday hours would be not offered. X. FUTURE AGENDA ITEMS: A. Schedule of all development fees and when payment is due (October 3, 2006) B. Amendment to the Art in Public Places Ordinance (October 3, 2006) C. Addition of requirements over and above State requirements for board members to recuse themselves (October 3, 2006) D. Heritage Festival update (October 17, 2006) Commissioner Ferguson asked that further discussion of the CRA boundaries be added to the next agenda. XI. NEW BUSINESS: A. Neighborhood Services (Previously added to the agenda) Commissioner McCray commended Ms. Scott for the newsletter created. He questioned how the newsletter would be distributed to get the maximum public relations benefit. Regenia Scott, Neighborhood Services Manager, explained the newsletter would be mailed to the neighborhood associations and distributed throughout the neighborhoods. Also local stores, City Hall and the churches would receive copies and it would be posted on the Web site. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non Development - PUBLIC HEARING None C. Ordinances - 1st Reading 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 1. (Intentiona/ly left blank) 2. Proposed Ordinance No. 06-078 Re: Establishing a policy for naming City facilities within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City Commission on the naming of City facilities. Attorney Cherof read Proposed Ordinance No. 06-078 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-078. Commissioner Ferguson seconded the motion. ~ City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 06-079 Re: Amending Chapter 18, Article II, Division 4 to amend Section 18-111 entitled "Normal Retirement" to clarify the intent with respect to issuance of a supplemental benefit (13th check). Attorney Cherof read Proposed Ordinance No. 06-079 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-079. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 4. Proposed Ordinance No. 06-080 Re: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. Attorney Cherof read Proposed Ordinance No. 06-080 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-080. Vice Mayor McKoy seconded the motion. Discussion Commissioner McCray felt the program should have been established sooner. 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 Commissioner Ferguson felt the program duplicated processes already in place such as the Federal guidelines. Only 34 businesses would be utilized and many were personal services businesses that would be unaffected. Commissioner Ferguson suggested the $50,000 could be spent for better purposes. Vote City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ferguson dissenting) Mayor Taylor noted the millage and budget resolutions had been discussed and ultimately passed with a 3-2 vote. In an attempt to show teamwork and unanimity, he suggested the motions be re-opened for a unanimous vote of confidence. Commissioner McCray felt the matter had already been addressed and the vote would not be detrimental to the City. The law required the City move forward with the items as passed. Commissioner McCray commented the City Manager had done the best that he could and he had voted against the resolutions for personal reasons. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:25 p.m. 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 19, 2006 CITY OF BOYNTON BEACH .4 I er/" cCray. .. e~~ . Commissioner - Muir C. ~ ATTEST: Ja t M. Prainito ~a~ J Ith A. Pyle eputy City Clerk (9/22/06) 18 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Develop",ent P&Z Building Englnoerlng cc. llcon.. eputy City Clerk PROJECT NAME: Boynton Village Parcel 4 (WR-1) Condominium APPLICANT'S AGENT: Compson Associates, Inc. APPLICANT'S ADDRESS: 980 North Federal Highway Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19,2006 TYPE OF RELIEF SOUGHT: Request for conditional use / major site plan modification approval to add a sixth (6) floor to the previously approved five story condominium buildings and increase the previously approved 376 condominium units by 64 for a total of 440 units, on an 8.968-acre portion of the 106.5-acre Boynton Village and Town Center site. LOCATION OF PROPERTY: North of Old Boynton Road; East of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the publiC finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appligmt ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applica!Jt's application for relief is hereby ~GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the te and conditions of this order. 7. Other 9 - ~d. -ofo S:IPlannlngISHAREOIWPIPROJECTSIBoynton Villag 05-0191COUS 06-007\OO.doc City Clerk n Town Center 11Boynton Village Parcel 4 & 5 Condos EXHIBIT "e" Conditions of Approval Project name: Boynton Village Parcel 4 (WR-l) Condominiums File number: COUS 06-007 Reference: 2"d review plans identified as a Conditional Use with a July 25, 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X - PUBLIC WORKS- Traffic Comments: None X UTILITIES . Comments: I. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12.) (COA #4 - Development Order dated 9/23/(5) 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26- I 6(b)) (COA #5 Development Order dated 9/23/(5) ---- 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. (COA #6 - Development Order dated 9/23/05) Note: Reservation fees have not yet beell paid for Parcel 4. Contact the Senior Engineer for reservation fee due. 4. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter IS a prerequisite (0 obtaining the Certificate of Occupancy. 5. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. (COA #7 - Development Order dated 9/23/(5) Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. (COA #11 - Development Order dated 9123/05) 7. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. (COA #12 - Development Order dated 9/23/(5) 8. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. (COA #15 - Development Order dated 9/23/05) 9. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. (COA #16 - Development Order dated 9/23/05) . BUILDING DIVISION Comments: 10. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. II. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. I I . ..--.- I fNCJUDE ~I REJ~~(:1 - 1 DEPARTMENTS 12. Buildings three-stories or higher shall be equipped with an automatic X I sprinkler system per F.S. 553.895. Firc protection plans and hydraulic ! calculations shall be included with the building plans at the time of permit application. -. -.. - 13. At time of permit review, submit signed and sealed working drawings of X the proposed construction. -....- ,..."n._ ___..0' - . 14. At the time of permit review, submit details of reinforcement of walls for X the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 15. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 16. A water-use permit from SFWMD is required for an irrigation system that X utilizes water Irom a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 17. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: >- The full name of the project as it appears on the Development Order and the Commission-approved site plan. >- If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Commission-approved site plans. >- The number of dwelling units in each building. >- The number of bedrooms in each dwelling unit. >- The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 18. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 19. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 20. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information must be submitted at the time of permit application: >- The structural inspection plan must be submitted to the enforcing agency - Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT prior to the issuance of a building permit for the construction of a threshold building. ~ All shoring and re-shoring procedures, plans and details shall be submitted. ~ All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 21. Clearly indicate on the site plan the square footage of each floor of the X residential structures and the garages. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 22. Correct sheet SP-I to correctly reflect 8 parking spaces as opposed to 10 at X the SE corner of the surface parking and 7 spaces as opposed to 6 at the SW comer. 23. The approval of the Conditional Use application is contingent upon X satisfactory completion and approval of a minor site plan modification for Boynton Village SMU Parcel 5, reducing the number of dwelling units by 64 total. 24. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. 25. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip system), where possible. 26. It is the applicant's responsibility to ensure that the conditional uselmajor X site plan modification is publicly advertised in accordance with Ordinance 04-007. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I I I 11 DEI'ARTMENTS I INCLUDE I REJECT I 1. None ! X I , -~~ ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I. To be determined. ~ I I I S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Parcel 4 & 5 Condos NWSP 05-019\COUS 06- 007\COAdoc S:\PJanning\Planning Templates\Condltion of Approval 2 page -P&D ORA 2003 form.doc ~J~ i t!-<fi i Cl)i~ I, ~~.. : d~ zjt '-., r :1 ~,... -- >-"-:~ NAGEMENT DIS"!'.R~ICT -.. no. - SOUTHFLORIDAWATER~ ___.' ',__', CANAlC-16_B<?~TONCA L, _ ._. \. ,-' , - i EXHIBIT A \, "1:_-:'f~';;_ ,"':-:i\}'. :_<,",'~ 't.:.' ~~.,,~,;,~t~t~t!~;, .:!:f',J:L"'. f;~i> !l~~ .~'<;:r,. ~~ .'. ':." ~...'..'1$: ~,. "'1'-:'~~" "'J ''-':';'~'''~"TI ~ 1::i~~~~ ~ { .. t" ":,' .~..~,., .,-,. 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I: ~ ~ '. " c.: ;...1 r:::~ ~,: , ,,1 1]1 ~ , ~ ~ ~ n co Boynton Village ..~ .: -:,1:" , "'''[''~'''''"'''''~''''''''^"U'''''''''-'''''''''='''''-'' ,. I " j;' ~ i:; Ii! I r "t~~s~~-'~ BOY:>ITON BEACH, FLORIDA WR LlLC EXHIBIT B t .i/1 0 !Ill 0 1'1' II II III! " If 0 I' Ul -.iJ o o o m -] ",' ....... .....' .....' L I I I I ,._-~._-~ u_n.. \m------A ',' ""="~i"'..,.-Tg1. t~ f I , II i ~ I ~ ~ ~ U ~ '-_'J"""_~_"I'" ~::-V~:>d;:~" ~~~...l.h~:. : ~ r ~... -, 'II ~Fq m ,).oW f.;~:!; z 1~I~i~ i~!~ ~ 1~16r' i~J I' : I II Ii I'! "tMS/\ --- - :"~i ~",""- ,. Boynto" ViII e -.."".... ".,. ag ARCHITECTS ':;~'.~"" BOYNTON BEACH, FLORIDA ARCHITECTURE & PLANNING WR tue _: I' i ~",!!"'c,,"'-i:"?Co,"'C""."'"'-"""'''''''''''.'''".''C''''''"'''.'.. ..... - ,~.._,...._",_,..,..JJ.;r.LU llf ,: EXHIBIT B .,~' r ~1. 'i I I' ( j , ',,~,! c, . -..III::,}r,II~_'_ :11 :1!,.ljl \11 ~ ~~! q; , II ,i 0 If: l!rn 0 l'll ,i'l jj!i I!! " ,( 'I " F <> P '" I" " " 'j 1", ~ ,..:.?; :.:: c{ ~- m '< :~! '~! ., . . , .. .. 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