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Minutes 10-13-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY OCTOBER 13, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk CALL TO ORDER: Mayor Taylor called the meeting to order at 10:00 a.m. I.D.l. Additions, Deletions, Corrections Commissioner Ensler reported he had received a call from Intown Development requesting assistance from the City relating to the sale of City owned properties in the Heart of Boynton project. He suggested a resolution be drafted indicating a commitment from the City to sell the properties to assist in financing for the master developer. Vice Mayor McKoy emphasized the resolution should not indicate a specific master developer since that approval has not been given by the Commission. Commissioner McCray recalled Intown had previously indicated they had all the financial backing they needed and did not understand why they would be making such a request. Mayor Taylor felt, whoever the master developer may be, would need to have some sort of written commitment from the City to sell the properties at a price to be determined. Attorney Cherof advised a resolution could be drafted indicating a preliminary intent with the master developer agreement that the City anticipates conveying the property that it owns. There was consensus the resolution could be brought before the Commission reflecting the City's intent to sell, as long as the master developer was not named. II.A. Informational Items by Members of the City Commission Commissioners Ferguson and McCray announced they would have comments to present. III.B.l. Pirates of the Intracoastal - A Fantastic Fantasy Event, will be held on Saturday, October 21,11 a.m.-7 p.m. and Sunday, October 22,11 a.m.- 5 p.m. at Intracoastal Park. General admission is $7 adults, children 3- 12 and seniors $5. A special fireworks display will take place on Saturday at 6:30 p.m. This event is produced in partnership with the CRA. 1 Meeting Minutes Agenda Preview Conference Boynton Beach, FL October 13, 2006 Mayor Taylor commented the Commission would be attending the event on Hutchinson Island over the weekend, but reminded everyone the event was being held both Saturday and Sunday. III.C.3. Presentation of Certificate of Achievement to Annalisa Alden for her participation in the Sister Cities International Young Artists Showcase. Mayor Taylor noted Ms. Alden's design had been accepted nationwide. V.A. Appointments to be made Commissioner McCray suggested an initial inquiry should be made if anyone had an appointment rather than calling each individual appointment. Mayor Taylor agreed with the change in procedure. VI.B.l. Approve piggyback on the City of Palm Bay, FL Bid #23-0-2002 with Aquifer Maintenance 8r. Performance Systems, Inc. for well rehabilitation services with an estimated yearly expenditure of $300,000. Commissioner McCray inquired about the length of time the yearly expenditure would continue. Kofi Boateng, Director of Utilities, responded it was the third annual contract to essentially maintain the well field and would be ongoing. The intent of the rehabilitation was increasing both the quality and quantity of the wells. Attorney Cherof pointed out the current bid was until June 5, 2007 and beyond that point it would return to the Commission for approval. VI.C.3. Proposed Resolution No. R06-180 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the Community Redevelopment Agency (CRA) for the use of two abandoned buildings for live fire training exercise. Commissioner McCray requested 24-hour notice of when the actual burn would take place. Jim Ness, Deputy Fire Chief, reported the training would occur within the next three to four weeks and he would provide email notice. VI.D. Approve the return of cash bond of $4,000 to RCC III, LLC for the project known as Renaissance Commons (Phase III, Building #11). VI.E. Approve the return of cash bond of $55 to Chris Kauper for the project known as Walgreens (warehouse interior completion). VI.F. Approve the return of cash bond of $1,100 to RCC I, LLC for the project known as Pei Wei Asian Diner (Store #80). VI.G. Approve the return of cash bond of $7,900 to Jacobs Industries, Inc. for the project known as the Tire Store (Parcel C). VI.H. Approve the full release of surety for the project known as Windsor Park of Commerce in the amount of $2,941 and return of the cash 2 Meeting Minutes Agenda Preview Conference Boynton Beach, FL October 13, 2006 surety in this amount to the project developer, Windsor Park of Commerce, LLC. Attorney Cherof indicated an ordinance was being prepared to eliminate the need for the Commission to review any release of bond or surety was less than $20,000. VIII.B Project: Ocean 95 Exchange Plaza (NWSP 06-020) Agent: Crockett Farnell Owners: Boynton Industrial, LLC Location: 514, 516, 518 West Ocean Avenue Description: Request new site plan approval to construct 133,911 square feet of office/warehouse on a 6.77-acre parcel in the M-l Industrial zoning district. Commissioner Ensler suggested the area of this project would be ideal for the relocation of the animal shelter. Mayor Taylor recalled questions had arisen at the CRA meeting regarding the ingress and egress to the location through a residential area. It had been suggested an alternative route might possibly be to the south by Home Depot. Mike Rumpf, Planning and Zoning Director, replied the site plan shows limited access to the north with no crossing available to the south. He explained a crossing to the south would not be feasible. Commissioner Ensler questioned the amount of traffic the project would generate. Mr. Rumpf indicated a traffic study had been done and alternative traffic routes had been projected. Commissioner Ensler felt it would be appropriate to notify all the residents along the proposed alternative routes. Jeff Livergood, Director of Public Works and Engineering, informed the Commission extensive discussion with the developer revealed there would be smaller van type delivery trucks; however, some semi-tractor trailers would be possible and should be considered. Widening the streets and the placement of sidewalks would be the responsibility of the developer in an effort to accommodate the larger truck traffic. Weight limits could be set on other streets to discourage large truck usage. Commissioner Ensler contended the item was clearly not ready for the Commission's consideration since the traffic route remained uncertain. He suggested the item be tabled. Mr. Bressner inquired if staff was prepared to recommend a specific truck route and they were. Mayor Taylor suggested opening the issue for public hearing if anyone had come forward and then continuing the matter to a date certain. Commissioner Ensler urged the residents of Leisureville to the west should be notified. It was agreed the traffic study would be provided to the Commission along with a drawing showing the notification boundaries. IX.A. Discussion of implementation of Utilities Department Water Supply Improvement Projects Commissioner Ensler sought clarification of the options and the funding. Mr. Bressner indicated the options range from a cost of $78M to $60M. Option A consists of construction of a parallel system and purchasing from the County on a permanent basis 5M gallons of water a day. The plan for the deep wells would continue, as well as the interconnect between the two plants, 3 Meeting Minutes Agenda Preview Conference Boynton Beach, FL October 13, 2006 creating multiple sources of water. Option B would not include the deep wells, but purchasing water from the County up to 10M gallons a day. The interconnect would still be constructed. This option was the least expensive. Option C expands on Option A and involved purchasing water from the County until the year 2013. The current five year contract with the County would require an expense of capitalized cost for the water improvements of $2.9M. Staff recommends this option because the Floridan wells can be drilled and the County will continue its revenue stream until 2013. It will allow the City of Boynton Beach sufficient time to complete the interconnect and the Floridan wells. Option D would involve constructing everything and allow the water contract to expire in 2009. Commissioner Ensler inquired if an analysis had been done projecting the water needed for the years 2009 through 20137 Mr. Bressner replied he would provide that information before the meeting. In response to a question from Commissioner McCray, Mr. Bressner explained the contract with the County had a take or pay clause. Mr. Bressner recommended all of the 5M gallons purchased should be used to preserve our water table. Mr. Bressner recommended Option C be adopted as it gave the most flexibility through 2013. He suggested a re-opener around 2010 be included to make the necessary adjustments for any delays or inaccurate projections of population growth. Commissioner Ensler discussed the funding sources and expenses. Mr. Bressner cautioned other capital improvement projects would also be ongoing and use the funding sources. A reserve had to be maintained to cover other capital projects in the Utilities Department including a substantial number of non-water related capital projects. Mr. Boateng explained the revenues and expenses had to be spread across all proposed projects. Commissioner Ensler felt the tax impact to the citizens should be kept to a minimum by using more of the reserve and reducing the amount of the bond. Perhaps the capital improvement plans should be re-prioritized. Mr. Bressner noted the South Florida Water Management District was also investigating alternative water sources that could increase the surficial water supply for the City of Boynton Beach. He reiterated Option C was recommended by staff as having the most flexibility for future use. X.E. Discussion of Public Arts Fund and Art in Public Places Program (November 8, 2006) Commissioner McCray questioned why the Public Arts Programcontinues to be on the agenda and having problems. Mr. Bressner responded clarifications in the Ordinance were needed relating to site plan extensions, members of the Commission having any responsibility or ability to perform art work for developers and clarification on architectural versus art work in terms of building improvements. Commissioner McCray simply wanted the issues resolved. XII.E. 1. Approve proposed settlement of attorney's fees and costs for B. Douglas MacGibbon, counsel for Doris Jefferson in the amount of $6,000. 2. Approve proposed settlement of attorney's fees and costs for Barry S. Balmuth, counsel for Wade L. King (Parcel Nos. 118 8r. 126) in the amount of $11,342.50. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, FL October 13, 2006 3. Approve proposed settlement of attorney's fees and costs for Barry S. Balmuth, counsel for James Johnson in the amount of $6,940. Commissioner McCray inquired if there was any way to recoup the attorney fees. Attorney Cherof indicated there was not and after payment the matters would be finished. Commissioner McCray asked for verification of the ribbon cutting ceremony for the playground at Hester Center. Mayor Taylor noted it was to be held on October 25th. Commissioner McCray felt the announcement should be added to the agenda. It was agreed it add The announcement. There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:53 a.m. CITY OF BOYNTON BEACH .~ ATTEST: Commissioner - Muir C. guson ith A. Pyle eputy City Clerk (10/17/06) 5