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Minutes 03-17-03 MZNUTES OF THE AGENDA PREVTEW CONFERENCE HELD ZN CONFERENCE ROOM C, WEST WZNG, CTrY HALL, BOYNTON BEACH, FLORZDA ON MONDAY, MARCH 17~ 2003 AT 4:00 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk City Manager Bressner began the agenda review at 4:00 p.m. III.A. Announcements City Manager Bressner added an item under announcements to recognize Company D of the 2nd Battalion. He will make an announcement of the program at the Commission meeting. ]:n response to a suggestion by Commissioner McKoy that spouses of the soldiers be present at the meeting, City Manager Bressner did not know whether there were any members of the unit from Boynton Beach. III.C.3. Accept Annual Financial Report for Fiscal Year ended September 30, 2002 (Tabled on February :[8, 2003) Commissioner McCray said that he had requested this item be tabled at the February 18m Commission meeting. He will request that it be removed from the table as the concerns he had regarding the item were addressed by Diane Reese, Finance Director, and the City Manager. He questioned the paperwork on the generators and was advised by City Manager Bressner that the Police Department had not completed their investigation. V.B.3. Award bid for the REPLACE/ZNSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY, LOCATED AT 208 S. SEACREST BLVD., BZD #020-2413-03/C3D, to COMFORT TECH AIR OF HZALEAH, FLORZDA in the amount of $221,900 (Proposed Resolution) Vice Mayor Ferguson was concerned that there were no local bidders. Commissioner Weiland questioned spending over $220,000 now when the library would probably be re-done in a couple of years. He wondered whether it was necessary to do this work at the present time. Meeting Minutes Agenda Preview Conference Bovnton Beach. Florida March 17, 200~ Virginia Farace, Library Director, explained that this system would not be torn out when they remodel the library. The library is down to only one unit that is operational now. .left Livergood, Public Works Director, said that the Facilities staff is concerned regarding losing air conditioning at the library. V.C.1. Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABLED TO ,MARCH 18, 2003,) City Manager Bressner explained that there is a draft ordinance that would provide a zoning text amendment; however, it must be heard by the Planning & Development Board and the CRA first. If the Commission is going to consider an ordinance that would allow these activities, it was suggested that this resolution be tabled again. The proposed ordinance would probably come to the Commission in May. Mike Rumpf, Planning & Zoning Director, will provide the draft to the Commission when it goes to the other boards. V.C.5. Proposed Resolution Re: Approving Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the TNCA Stormwater Management Tmprovements and Water Main Replacement project in the amount of $45,800 Commissioner McCray questioned the costs. Dale Sugerman, Assistant City Manager, explained that there were six items denoted on page 2 of the agenda request that increased the contract by $45,000. He noted that the $325,000 grant funding would pay for a portion of the construction costs and the project has not been bid yet. This task order for $45,000 is for design services, bringing the total design costs to $341,910. City Manager Bressner requested that that the budgeted amount for construction be provided to the Commission. V.C.8. Proposed Resolution Re: Approving the execution of a Grant Agreement between the City of Boynton Beach and the State of Florida, Department of State, Division of Library and Tnformation Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of $500,000 Commissioner Weiland was concerned whether we could meet the timeframes. City Manager Bressner reported that they could be met only if we authorize the design of the project very quickly. He did not put the proposal to negotiate with the design architect on this agenda because the grant agreement decision needs to be made first. He explained that there are four options for the Commission to consider: Sign the agreement now and then staff would come back with the architectural design program. Sign the agreement and move forward with the project. · Do not sign the agreement and the State will reallocate the money to another project. · Do not sign the agreement and work with our local delegation to present a request that they extend the deadline. 2 Meeting Minutes Agenda Preview Conference Bovnton Beach, FIQrida March 17, 20,n~ Commissioner Weiland had concerns that if we accept the $500,000 grant, would we be able to come up with the $6 million to do the project. City Manager Bressner explained that there is approximately $11 million in bond capacity that we could use for this project and other projects. This would mean that we would pledge the public service tax as a revenue stream against the debt service for the bonds. Historically, the City has used the public service tax for capital projects. Another option would be to place the project on a referendum. That would mean that you could design the project, put it on hold, but then if the referendum did not pass, it would stop the project. The terms of the grant are that you must award the construction contract by December 23, 2003. The third option would be to place the project on hold and not go forward with the design phase and defer for a future funding decision. Discussion ensued regarding a possible date for a referendum. Commissioner McCray was in favor of obtaining an extension as he was concerned regarding going to a referendum because of the economy. Ms. Farace asked the Commission to keep in mind that making the decision to sign the grant agreement only means that the state is encumbering the funds. She said that there is money set aside for the design in the C1~P funds. V.C.9. Proposed Resolution Opposing the Governor's proposed Fiscal Year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 million the funds available for affordable housing City Manager Bressner believes that the Senate does not agree with this budget cut; however, he feels that having the City adopt a resolution would be beneficial. V.F. Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7~h to 10th Avenue Stormwater Improvement Project (TNCA Project) Vice Mayor Ferguson asked what the timetable was for the proceedings. Assistant City Manager Sugerman explained that they have been negotiating for approximately one year. If the Commission gives the authority to move forward, there would be a resolution of necessity for the April 15th Commission agenda and then the eminent domain proceedings could take 60 days to eight months. It was noted that this particular item is not tied to any of the CRA activities. V.H. Approve the "SURPLUS E(~UIPMENT LTST" as submitted by staff and allow for disposal of same Commissioner McCray questioned whether these used computers could be donated to schools. Diane Reese, Finance Director, explained that most of them are gutted. All of the working parts have been removed. They are not worth anything and will be thrown away. 3 Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida March 17, 200~ V.M. Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $20,000 City Manager Bressner explained that there is a possibility that staff would be recommending to the City Commission that either a lower rate or no rate go forward next fiscal year, depending on the work progress on the acquisition. However, GSG must still perform the analysis to be consistent with the statutes. If we do not collect the assessment for a year, City Manager Bressner did not know how that would affect the enabling ordinance. The Legal Department will need to analyze this. It was the consensus to remove Item V.M. from the Consent Agenda and place it under Future Agenda Items for either April ist of April 15th. V~II.B. Project: Schnars Business Center (ABAN 02-003) (Tab/ed to t4arch ~8, 2003) City Attorney Cherof explained that the plat has language that would result in the alleyway being reverted back to the original dedicators or their successors of interest. The corresponding deeds to the lots adjacent to the alley were never examined and we want this applicant to examine those deeds to make representations whether we could abandon without any consequences. We are asking the applicant to do it because there is an associated cost and they would be the beneficiary of the abandonment. There was discussion that this item and the corresponding ordinance may need to be retabled tomorrow night. However, Mike Rumpf, Planning & Zoning Director, reported that the applicant is hopeful that they can respond by the Commission meeting tomorrow. X.C. Workshop regarding Cemetery options (Summer 2003) X.D. Proposal by Cemetery Board to expand cemetery west into Little League Park It was requested that the above two items be combined. Other Commissioner Weiland commented that he was very impressed with the work performed on East and West Industrial Avenue because, even with all the rain, there was no flooding in the area. 4 Meeting Minutes Agenda Preview Conference Bovnton Beach, FIQrida March 'iT, 200~ There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:48 p.m, ATTEST: Deputy City Clerk (one tape) Commissioner