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Minutes 02-17-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY, FEBRUARY 17, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Mack McCray, Commissioner Chief Bingham for City Manager Jim Cherof, City Attorney Judy Pyle, Deputy City Clerk Call to Order Mayor Taylor called the meeting to order at 9:59 A.M. I. OPENINGS: D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler announced he had invited Dr. Garcia from Interactive Television to be present because she is sending the letter to Governor Bush supporting the Education Network of Palm Beach County, to be selected as a Confucius Institute. Jeanne Heavilin, Chairman of the CRA was also invited due to her association with the Chinese Center. Commissioner Ensler indicated he also had an item for Additions, Deletions and Corrections (above) and detailed Proposed Ordinance No, 06-014 listed as item 12B should be heard before the Site Plan, Item VI .0.2. is heard. Commissioner Ensler requested the agreements that were made between the developer of the Church (St. Johns Armenian Church) and the residents of Leisureville be included in the site plan; more specifically, a complete list of the agreements that were made between the parties, be given to the Commission members. There was discussion on whether this was allowable. Attorney Cherof will review the issue. Mike Rumpf, Director of Planning and Zoning was present and indicated the list included as back-up was complete. The items were taken from correspondence between the parties. It was noted the list was page 4, Exhibit C of the agenda item. Mayor Taylor also indicated he met with the Chairman of the Community Redevelopment Agency (CRA), Jeanne Heavilin, in reference to prior conversations of the City Commission relating to having a CRA representative at City Commission meetings. Ms. Heavilin is also conveying the message to the CRA members as well. 1 Minutes Agenda Preview Conference City Commission February 17, 2006 It was acknowledged the CRA is an independent board and operates independently of the City Commission. The Executive Director, Lisa Bright, reports to the CRA Board and not the City Commission. Mayor Taylor detailed the former CRA Director, Doug Hutchinson, used to meet with the City Commissioners individually, but that was not a requirement. To meet in that fashion takes time out of the CRA Directors schedule. Information that passes between these two entities should pass between the Chair of the City Commission and the Chair of the CRA. The City Commission cannot direct the CRA Director to attend. Mayor Taylor informed the Commission, the CRA Director already reports to seven other individuals. There was discussion among the Commissioners that a lot is happening in the Heart of Boynton, and meeting once a month with the Director would be helpful. Commissioner Ensler had been meeting with her for about one-half hour as part of a meeting with another staff member. There was consensus for Mayor Taylor to send a letter to the CRA Chair expressing the Commission's request that attendance at meetings is beneficial. Commissioner Ensler requested the City Commission give consideration to the future location of City Hall. This will be placed on the April 2006 Commission Agenda. Commissioner Ensler also discussed the Club House at Intracoastal Park. This facility has been in the City's plans for the last two years and the design has been changed significantly from the original plan that was agreed to with the community. At that time the plan design allowed for activities to hold up to 200 individuals by having expandable rooms. At present, half the building is being allocated for different uses such as art programs. This was discussed at the CRA meeting when they reviewed it. As a result, the room capacity upstairs is diminished and could only accommodate groups of 40 - 60. Commissioner Ensler questioned whether this would meet the needs of the community and if the City wants to have weddings and other types of functions there competing with other vendors. He recommended these are issues that should be addressed as the Capital Improvements Plan is being reviewed. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: Chief Bingham announced the letter he distributed regarding the next Commission meeting on February 28, should begin at 7PM. There is a conflict with a CRA meeting immediately prior to the Commission meeting resulting in the time change from 6:30 pm to 7:00 p.m. Mayor Taylor requested the City look into the Extreme Makeover Little League Park. Mayor Taylor explained it was rumored the plasma TV installed in the pavilion area would be sold. Mayor Taylor requested the City investigate who has jurisdiction in this issue, and whether Little League has the right to sell the TV. Commissioner Ensler left the dais at 10:20 a.m. V. ADMINISTRATIVE: A. Appointment of Angelina Milano, Larry Goldgeier, Marvin Liebensohn, Jerry Jones, Wilbur Jean Sims, Bill Andrea, Marilyn Nemes, Rear Admiral Thomas E. Morris 2 Minutes Agenda Preview Conference City Commission February 17, 2006 and Retired General Albin Irzyk and Hilda Girtman Pitts as honorary members of the Veterans Advisory Board. Commissioner McCray questioned what the list of Honorary Members was. It was explained the Veterans Advisory Commission was recommending those individuals be appointed as Honorary Members. The length of the term was noted as one year. Commissioner Ensler returned to the dais at 10:22 a.m. VI. CONSENT AGENDA: B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Approve a piggyback of the NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (NPBCID) PROJECT #1250 to Shenandoah Construction of Pompano Beach, Florida for Wet Well Maintenance to Master Lift Station #309 & 356 for an expenditure of $140,300.00. Commissioner McCray requested the maintenance schedule. Kofi Boateng, Utilities Director was present and responded there has been a program in place, but it was not as organized as it is now. Commissioner McCray requested support materials be provided to him. He wanted to know the time frame for the maintenance schedule for these issues. 2. Approve a piggyback of Palm Beach County Bid #05-074MP to Contract Connection, Inc. of Jacksonville Beach, FL in the amount of $33,174.20 to purchase playground equipment for Forest Hill Park. Commissioner McCray had questions about how long the playground equipment had been in place. Jody Rivers, Parks Superintendent, responded the equipment had been in place approximately 15 years. The equipment was partially damaged during Hurricane Wilma and they are unable to find replacement parts. C. Resolutions: 1. Proposed Resolution No. R06-042 RE: Approving and authorizing execution of an Amendment No. 1 to Task order No. 3 for Brown and Caldwell, for the purposes of exploring water supply options and meeting with regulatory agencies regarding modification of the Water Use Permit (Task Order No. U05-03-03). Commissioners McCray and Ferguson had questions on Item c.1. Commissioner Ferguson elaborated he had questioned the $11,800 that was previously authorized. He thought decisions needed to be made before going back to the South Florida Water Management District, (SFWMD). Commissioner Ferguson detailed there are areas in the County that will never be annexed, west of Military Trail and north of Hypoluxo Road, and could not understand why the City was getting water from the County and servicing an area in the County. Commissioner Ferguson suggested having a workshop on the program. He also had problems with the wastewater issues. 3 Minutes Agenda Preview Conference City Commission February 17, 2006 Mr. Boateng, Utilities Director, provided background information to the Commission. He explained there was a critical need to review the long term water supply program and develop a plan. There was also a critical need to validate the Capital Improvement Program (CIP). The first issue was the need to be fiscally responsible to the rate payers. The second issue was the growth and future long term needs in the area. The third issue pertained to limitations placed on the City by the SFWMD, in terms of the amount of water the City would be able to draw from the surficial aqUifer. To address these issues, Brown and Caldwell were retained. One option identified, was to expand the East Plant and the other was to expand the West Plant. There was also the option of long term purchase of water from the County and others. Some of the options had astronomical costs associated with them, and through due diligence, they applied a rigorous business evaluation criterion and looked beyond traditional options such as desalinization, pooling resources with neighboring municipalities as well as piping water from Lake Okeechobee. A life cycle cost analysis was applied and the costs were brought to present day. Three options were developed. The top alternative was to expand the West Plant and upgrade the East Plant. The more expensive option was to upgrade the East Plant. The third option was to continue to purchase water from the County. The City Manager was to be briefed on the options they had, however, they realized some of the assumptions they based their decisions on became questionable. There was not sufficient data to support the concept of there being an abundance of water in the Floridan Aquifer. The South Florida Water Utilities Council similarly, had the same concerns and strongly expressed those concerns to the SFWMD. Mr. Boateng thought it would be prudent to set up a special meeting with the City Manager and apprise him of their concerns. The top hydro geologist from Brown and Caldwell came in and their top business analyst attended this meeting with the City Manager, who subsequently briefed the Commission. The $11,800 arose from that meeting. It was not identified in the original task order. It was clarified this is an amendment to the original task order. Mayor Taylor recounted Brown and Caldwell were given an original task to accomplish, however, unforeseen issues arose. In order to tie it all together, an amendment was needed. Some of the funds have already been spent in anticipation of approval of this item. Mayor Taylor emphasized the Commission was not approving any options; rather this will bring the options to the Commission. Commissioner McCray expressed concern with the cost and asked if this matter could be handled in-house. Mr. Boateng responded the City does not have the staff in-house to handle this project. He further expressed he does not anticipate Brown and Caldwell to be doing additional work. Mr. Boateng explained part of what is being done presently is investigating other possibilities. There is a plan in place now and they are waiting for the population demographics to be incorporated into the Capital Improvements Plan. There is a plan in place, but the purpose was to investigate some of the new information they received, prior to spending millions of dollars. Mr. Boateng thought it was prudent to investigate the information. Commissioner Ensler asked if this item was approved, and once the population demographics were obtained, whether the City could move forward with a design and have a plant built. Mr. Boateng responded he was ready to build a plant now. Mayor Taylor added they just received a new option last week concerning using surface water from the Everglades, which could last forever. 4 Minutes Agenda Preview Conference City Commission February 17, 2006 Commissioner McCray asked why the amount of the Task Order was not included in the agenda item. Mr. Boateng responded he would include that in the future. 2. Proposed Resolution No. R06- RE: Approving terms and conditions set forth in EMS Grant award (C-5050) as approved by the Palm Beach County Division of Emergency Medical Services for an All Terrain Ambulance vehicle with a full ambulance package for use by Ocean Rescue personnel. Commissioner McCray asked why the cost was not included in the agenda item. Chief Bingham replied the cost is $17,000 and would be included in the future. 8. Proposed Resolution No. R06- RE: Approving and authorizing execution of an agreement for technical support between the City of Boynton Beach and the Community Redevelopment Agency (CRA). Commissioner McCray asked for additional details on this item. Mayor Taylor explained the CRA will be using the City's ITS staff and will pay the City $18,000 for those services to be provided with a 3% increase each year. D. Ratification of Planning & Development Board Action: 1. Bellamy Heights (ZNCV 06-001) Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of 3 feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance pf 650 square feet) for a proposed single-family residence within the R-1-A Single-Family zoning district. Commissioner Ensler will pull this item as a quasi judicial hearing. 2. St. Johns Armenian Church (SPTE 05-006) (fka St. Gregory Armenian Church) Request for a second (1) one year time extension of the site plan approval granted on September 2, 2003, from September 2, 2005 to September 2, 2006. Commissioner Ensler will pull this item as a quasi judicial hearing Commissioner Ferguson commented this site plan started September 2, and it is nearly March. He indicated he thought this item should have been heard in October. J. Return cash bond of $29,700.00 to Hunters Run for the project known as Hunters Run (Lodge/Card Room). 5 Minutes Agenda Preview Conference City Commission February 17, 2006 Commissioner Ensler announced he is a member of the Hunters Run Association, owning one share of stock in it, and resides in the community. He was requesting verification of whether he needed to recuse himself. Attorney Cherof responded he did not need to recuse himself. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Owner: Location: Descri ption: Rapido Rabbit Carwash (COUS 05-004) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Ave; approx. 275 feet north of SW 30th Ave. Request for Conditional Use and Site Plan approval for a 4.595 square foot automated car wash facility and related site improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled to 2/21/06) Commissioner Ensler questioned a cross access agreement included in the back-up materials. He asked if both parties had signed the agreement. Mr. Rumpf responded he did not recall, but would have the answer available at the next meeting. Attorney Cherof indicated the form was reviewed but he had not seen a signed copy of it. Commissioner Ensler also asked who the principals and officers for both parties and corporations were. He further expressed his understanding the building would be rotated. Mr. Rumpf clarified a decision was made by the applicant not to rotate the building. He distributed information received from the applicant prior to the meeting, in response to their request for additional information. This included all the information requested, except for the mathematical calculations used to base their conclusions on. A copy is available in the City Clerks office. IX. CITY MANAGER'S REPORT: A. Review and select evaluation instrument for City Manager's Evaluation Mayor Taylor explained there were several choices in the back-up and they will need to decide which one to use. Commissioner McCray requested confirmation there would be an Agenda Preview Meeting on February 24, 2006. It was confirmed there would be an Agenda Preview Meeting on February 24, 2006. 6 Minutes Agenda Preview Conference City Commission February 17, 2006 XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 10:49 a.m. CITY OF BOYNTON BEACH -;, ATTEST: Commissioner ~~ 7