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