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Minutes 07-14-03 MTNUTES OF THE AGENDA PREVZEW CONFERENCE HELD ZN CONFERENCE ROOM C, WEST W:[NG, CITY HALL, BOYNTON BEACH, FLORZDA ON MONDAY~ 3ULY 14~ 2003 AT 4:00 P.M. Present Gerald Broening, Mayor Mike Ferguson, Vice Mayor Mack McCray, Commissioner Carl McKoy, Commissioner Ron Weiland, Commissioner Dale Sugerman, Assistant City Manager Rose Marie Lamanna, Paralegal Janet Prainito, City Clerk Assistant City Manager Sugerman began the agenda preview at 4:03 p.m. V. CONSENT AGENDA: B.1. Approve the renegotiation of a I year contract in the amount of $89,800 for Financial Auditing Services to CALER, DONTEN, LEVZNE, DRUKER, PORTER, & VEZL, P.A. of West Palm Beach, Florida, for the fiscal year ended September 30, 2003 (Proposed Resolution) Assistant City Manager Sugerman announced that the City had renegotiated a contract with Caler, Donten, Levine, Druker, Porter, & Veil for a one-year period. They agreed to modify their proposal. B.6. Award the "ZNSTALLATZON OF A SZDEWALK ALONG THE NORTH SZDE OF N.W. 4~h AVENUE, FROM SEACREST BOULEVARD TO GALAXY ELEMENTARY SCHOOL, AND THE TNSTALLA1/ON OF AN ACCESSZBZLTrY SZDEWALK AT SARA SZMMS MEMORZAL PARK" in the amount of $75,059.25 Commissioner McCray questioned whether the residents on N.W. 4th Avenue were o.k. with this sidewalk. Jeff Livergood, Public Works Director, said that a number of people on the north side of N.W. 4~ Avenue signed a petition that they were in favor of it. He explained that there would be a small section of sidewalk on the west side of Sara Sims Cemetery entering the cemetery. There is a public gate there and this sidewalk would make it handicapped accessible. C.11. Proposed Resolution Re: Extension and Amendment to Agreement between the City of Boynton Beach and Paul W. Smith Enterprises, Znc., d/b/a Boynton Transit Advertising Assistant City Manager Sugerman announced the presence of Mr. Smith. The contract with Boynton Transit Advertising expires in 2010 and Mr. Smith is requesting an extension through 2015. He is also requesting some leeway in the bus shelter design and the number of shelters that can be erected under the contract. The design will be at the approval of the City Manager. Meeting Minutes Agenda Preview Conference Bovnton Beach, Flgrida 14, 2003 It was the consensus of the Commission that the words "bus shelters and bus benches" would be added to the agenda title for clarification. C.17. Proposed Resolution Re: Approval of Task Order No. 25 in the amount of $1,285,947 (plus an owner's contingency of 5% for a total budget appropriation of $1,350,244.35) with CH2M Hill, Tnc. to provide final design, permitting, bidding and construction phase services for Phase 2 of the Central Seacrest Corridor Stormwater Zmprovements and Water Main Replacement project (formerly Neighborhood 7/8/9) Assistant City Manager Sugerman explained that this would be the largest public improvement that the City has done besides the two water plants. It encompasses the areas between 1-95 and the FEC Railroad and Boynton Beach Boulevard to Woolbright Road. It will be under construction for approximately three years. D.2. Renaissance Commons (NWSP 03-007), 1500 Gateway Boulevard - Request for site plan approval for a mixed use project consisting of a 10,662-square foot commercial building combined with 8 townhouse units, a 1-story 4,338 square foot commercial building, 250 apartment units, 2 parking garages, and 242 fee-simple townhouse units in a C-3 zoning district on 28.368 acres Vice Mayor Ferguson said that he would pull item D.2 for discussion at the Commission meeting. D.3. Seacrest Medical Tower (HTEX 03-004), NE corner of SE 23~ Avenue and Seacrest Boulevard - Request for a height exception of 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow the top of the decorative roof for the elevators to be 35' 8" in height, a distance of 8 inches above the 35-foot maximum height allowed for a building with under building parking in the C-1 zoning district Assistant City Manager Sugerman explained that this 8" variance is to accommodate an elevator shaft configuration. E.2. The Paving Lady (NWSP 03-008), 1000 W. Zndustrial Avenue - Request for site plan approval for construction of a 12,480 square foot industrial building, with related site improvements on a 1.44-acre lot in the M-1 :[ndustrial zoning district Assistant City Manager Sugerman reported that the CRA tabled item E.2 at the applicant's request for the purpose of additional design considerations. It is scheduled to go back to the CRA on August 12th. Therefore, if the Commission tables the item, it would be tabled until the Commission meeting of August 19th. G. Authorize the Utilities Department to turn over $130,561.06 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida 3ulv 14, 2003 It was announced that these unpaid billings account for less than one-half of one percent of delinquencies. :In answer to a question, Finance Director Diane Reese reported that the City could expect to collect approximately five percent of the unpaid bills. M. Status report on proposed purchase of 4 parcels for NE 7th Street Area Water Main Replacement and Stormwater Improvement Project Assistant City Manager Sugerman explained that an offer was sent to each of the four property owners based upon the most recent appraisals. The deadline for them to respond is July 37t, Vice Mayor Ferguson felt that this item should be pulled from consent at the Commission meeting for explanation. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS F. Award the bid for "TWO-YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS," Bid #062-1412-03/C1D to SPEC:[AL PRODUCTS GROUP of Boynton Beach, Florida, with an estimated annual expenditure of $250,000 - This bid is being appealed to the City Commission by Martin's Uniforms Diane Reese, Finance Director, explained that Martin's Uniforms is not protesting the bid itself. They are protesting the fact that the City put in the RFP that we would only accept Palm Beach County vendors. Since this was not a bid protest but a protest of the specifications, it was the consensus of the Commission to move this item from Public Hearing to Consent. The item can then be pulled for discussion at the Commission meeting. Martin's Uniforms will be called to let them know the placement of the item on the agenda. G. Deny the appeal of a bid protest from CONDO ELECTRIC & INDUSTRIAL SUPPLY, :[NC. for the "PURCHASE OF TWO NEW AND UNUSED 110HP SUBMERS:[BLE WASTEWATER PUMPS," Bid #027-2822-03/CID and accept the recommendation of City staff and the City Manager Assistant City Manager Sugerman reported that item G is a formal bid protest. The recommendation from staff is that the Commission deny the appeal of the bid protest. IX. CITY MANAGER'S REPORT: A. Discussion of Marina Development Agreement ('TABLED 01V$/20/03) Assistant City Manager Sugerman asked that this item remain on the table. The attorneys met last week on behalf of all the parties and legal documents are being drafted. Bw Presentation of Recreation & Parks Department Work Plans that were developed as a result of the Comprehensive Needs Assessment conducted in November 2001-April 2002 Meeting Minutes Agenda Preview Conference Bovnton Beach~ FIQrida .lulv 14, 2003 It was the consensus of the Commission to remove this item from the agenda and place it under Future Items for the August 5th Commission meeting. NEW BUSTNESS: B. Review request of member of the Commission to modify the compensation level of the Mayor and City Commission It was the consensus of the Commission that the wording of this item be modified as follows: "Review the compensation level of the Mayor and City Commission." Vice Mayor Ferguson asked whether the decision regarding the salaries would have to be made at this meeting in order to be on the ballot on November 4th. It was noted that the issue does not necessarily have to be a ballot issue. City Clerk Prainito said that if it were going to be, the ballot language would have to be sent to the Supervisor of Elections by September 4th. X]I. LEGAL: B.2. Proposed Ordinance Re: Granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance Assistant City Manager Sugerman explained that their current agreement does not expire until 2006. This would extend it thirty years beyond that. He said that some staff members have not had a chance to completely review this proposed agreement and its impact on the right-of- ways. They requested additional time for review. It was the consensus of the Commission to remove this item from the agenda and place it under Future Ttems for the August 19t~ Commission meeting. C.1. Proposed Resolution Re: Establishing the estimated assessment rate for Fire Rescue Assessments for the fiscal year beginning October 1, 2003; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof Tt was pointed out that the recommendation is to have the rates remain the same for the upcoming fiscal year. C.2. Proposed Resolution Re: Calling for an in-precinct election to seek referendum approval for the issuance of general obligation bonds; providing ballot language; providing the election shall be held November 4, 2003; directing the City Clerk to provide a certified copy of this resolution to the Supervisor of Elections; and authorizing the City administration to do all things necessary to effectuate the intent of this resolution Assistant City Manager Sugerman explained that the total amount of the general obligation bonds is $11,075,000. This includes five component parts - the Art Center, the Library, the Senior Center, the Wilson Pool and issuance costs. It was the consensus of the Commission to include the total amount of $:[1,075,000 in the agenda title. Meeting Minutes Agenda Preview Conference Bovnton Beach~ Florida 3ulv 14, 2003 There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 4:35 p.m. A'I-I'EST: Deputy City Clerk (one tape - 7/17/03) Commissioner