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Minutes 06-16-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY, JUNE 16, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Mike Ferguson, Commissioner Wilfred Hawkins, Assistant City Manager James Cheraf, City Attorney Janet Prainito, City Clerk Absent: Carl McKoy, Vice Mayor CALL TO ORDER: Mayor Taylor called the meeting to order at 10:00 a.m. 1.0.1. Additions, Deletions, Corrections Mayor Taylor requested two additions to the agenda. One, for approval of Community Investments Funds for $1,000 to the Juvenile Transition Center, and another for $1,000 to the Boy Scouts of America. Commissioner Ensler requested to add a $1,000 donation to the Boy Scouts of America fram his funds also. Attorney Cheraf requested to add under XII. Legal, E. Other, a closed door session regarding pending litigation on two eminent domain cases dealing with the Heart of Boynton. The cases were Boynton Beach versus Ghali, case one and two, number 50 2006 CA 002933 and 50 2006 CA 004137. Approximately a half hour would be required to develop strategy on the cases. It was decided the closed door session could follow the meeting on Tuesday, June 20th. Mayor Taylor mentioned at the last CRA meeting it had been decided to go out for a RFP for the Heart of Boynton. Since both the CRA and the City owned property in the area, Mayor Taylor requested the City Attorney and CRA Attorney coordinate the advertising of the properties. II.A. Informational Items by Members of the City Commission Commissioner McCray questioned the advertising strategies being used to inform the community of events. Mr. Hawkins advised Mr. Segal was not present, but could inform the Commission on his return. Commissioner Ensler requested staff plan to include the Boynton Regional Symphony Orchestra to the City's concert series and add diversity to the program. 1 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 V.A. Appointments Commissioner McCray asked how many times the Community Redevelopment Agency Board appointment would be assigned to him. Mayor Taylor noted the appointment rotates after three meetings. Commissioner McCray wanted to assure there would be a pool of qualified applicants. VI.B.l. Award a five (5) year contract for "FINANCIAL AUDITING SERVICES", RFP#034-1410-06/CJD to Nowlen, Holt &. Miner, P.A. of West Palm Beach, Florida for the fiscal years ended 09/30/06, 09/30/07, 09/30/08, 09/30/09 and 09/30/10. The total fiscal impact is $460,000. (proposed Resolution No. R06-106) Commissioner McCray asked why the three top bidders were not invited to make presentations before the Commission. He also asked what firm was used in the previous year. Bill Mummert, Director of Financial Services, explained the Commission appointed committee conducted interviews with all four firms. It was Mr. Mummert's intention to inquire if the Commission would prefer presentation from the top three firms or all four firms. The audit committee's recommendation was a result of interviewing and ranking all the firms. The firm that had done the audit for the last three years was Caler, Dauten and Levine. Commissioner McCray asked if the firm selected was up-to-date on government regulations and audits. According to Mr. Mummert, the committee felt the experience of the partners and members of the firm selected was extensive and it did do many governmental and not-for- profit audits. He pointed out the firm did provide a list of current and previous clients included in the agenda packet. Commissioner McCray requested staff be prepared to offer an explanation of why the selected firm was recommended. Mayor Taylor noted the recommended firm did not have as many employees as the other firms and questioned if the firm does the actual auditing or subcontracts the work. Mr. Mummert explained the larger firms are more diversified in the services they provided which accounts for the additional employees. Commissioner Ensler questioned why a five year contract was negotiated and if a termination clause for cause had been included. Mr. Mummert advised his experience had been that a transition period of a couple years was needed and a five year contract provides more continuity. He believed five years would be a maximum after which a review should be undertaken. Attorney Cherof added there was an exit provision in the agreement with a seven month notice to end the next fiscal year. A statement of cause and an opportunity to discuss shortcomings was included. Commissioner Ensler suggested a provision should be included to change to another agency without~use. Attorney Cherof explained the broad statement of cause in the contract would be equivalent to no cause. Commissioner Ensler remained concerned about any legal challenge if a change in firms was desired by a future Commission. There was no desire by the Commission to have presentations at the meeting, simply an explanation by staff. It was agreed any amendment to the contract would be discussed at the meeting. Mr. Hawkins cautioned amending the contract could be a deal breaker and should be discussed with the firms. 2 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 VI.B.2. Approve a contract with rates for the "GPS ROAD CENTERLINE PROJECT WITH FIELD VERIFIED POINT BASED ADDRESSING", and authorize the execution of the contract with Digital Data Technologies of Columbus, Ohio, RFQ #041-2210-06/CJD. This project will be paid through a FEMA grant (up to 800/0) and there is an allowance in the Fire Department budget for the remaining 200/0 (Proposed Resolution No. R06-107) Commissioner McCray pointed out the timeline commenced May 17, 2006 and he questioned why it was being presented late or if the contract would be re-written. Jim Ness, Deputy Fire Chief, explained the item had come before the Commission and permission had been granted to negotiate with the top vendor and now the contract has been negotiated. The FEMA grant timetable ends October 20th. Attorney Cherof noted the May 17th date pertained to the consultant selection and contract finalization portion. He did not feel there would be any impact on the completion of the contract through the balance of the five phases. Commissioner McCray continued to feel the City was not following the timetables outlined in the contract. VI.B.3. Approve a piggyback of Hillsborough County, Florida, Bid #T -0284-05 (JJ) with GODWIN PUMPS OF AMERCIA, INC., of Tampa, FL, for the rental of portable pumps and generators. The emergency equipment will cost $70,371 and mobilization (transportation roundtrip) cost is $2,400. Total expense is $72,771. Commissioner McCray questioned the necessity to rent generators. Peter Mazzella, Deputy Utility Director, reported currently there are 14 portable generators dedicated to the wastewater system, 3 to the water system and 11 installed and 2 additional installations planned. Leasing the pumps and generators will effectively double the rolling stock to accommodate a complete blackout. Purchasing the equipment would be very expensive and necessitate ongoing maintenance cost. Commissioner McCray hoped the upcoming budget included more generators so the rental costs could be eliminated. Mayor Taylor emphasized the purchase price was high for the pumps and generators. He felt the rental of the equipment would be a sensible approach. Mr. Mazzella indicated the purchase price for each generator would be approximately $30,000 and the pumps would cost approximately $20,000 to $25,000. VI.C.1. Proposed Resolution No. R06-108 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits and Covenant for Annexation with Military Trail Development Group, LLC for the project known as Gateway Townhomes. Commissioners McCray and Ferguson indicated they would pull the item. Commissioner Ferguson felt it was premature to authorize water service outside the City limits in light of the City's plan to meet its own demand for water by the end of the decade. Commissioner Ferguson also asked if the annexation agreements were enforceable. Attorney Cherof replied there were no recent court decisions affecting the annexation agreements. Commissioner Ensler inquired if Gateway 3 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 Townhomes had filed a planning and zoning application requesting annexation to produce taxation revenue to offset the cost. Mike Rumpf, Planning and Zoning Director, explained there was a lack of contiguity at this time. Attorney Cherof explained there was not a part of the City that was contiguous to the parcel. The City would need to grow to the development before annexation would be possible. Mr. Hawkins located the project off of Military Trail and north of Knollwood Road. Mr. Rumpf illustrated the development shares a common boundary on one side with Nautica. Knollwood Road is not slated for improvement, so access to the property would be via Military Trail and result in leaving the City to enter the City. Commissioner Ensler requested the applicant be present at the meeting so he could explore the possibility of annexation and whether they have initiated site plan activities with the County. Mr. Mazzella added site plan activities with the County had been filed. Attorney Cherof commented both police and fire would have to acknowledge they could provide service to the area also. The City had the option through a Power of Attorney to prepare and file an annexation application on their behalf according to the agreement. Mr. Rumpf responded the project did not meet the criteria for annexation and the key was access not being through the City. The improvement of Knollwood Road is critical to the annexation issue. Commissioner Ensler asked for information regarding the County's plan for improvement of Knollwood Road prior to the meeting. Mayor Taylor noted the project did lie within the City utility service area and staff was recommending approval. Mr. Mazzella concurred. Commissioner Ensler contended the tax revenue was his concern. VI.C.2. Proposed Resolution No. R06-109 RE: Authorizing execution of an Assignment and Assumption Agreement among Bellsouth Telecommunications, Inc. ("BeIlSouth"), City of Boynton Beach, Florida ("Assignor") and Palm Beach County, Florida, its successors and assigns ("Assignee") for installation of a secondary E 9-1-1 PSAP for the purpose of relocating 9-1-1 Communications Department in the event of emergency evacuation. Commissioner McCray asked for clarification on the location of Fire Station #5 and the status of its construction in relation to the fire assessment. Bill Bingham, Fire Chief, indicated the timeline for station #5 had been proVided to Ms. LeJeune. The preliminary plans were 80% complete and within the next several weeks the elevation plans would be completed also. He added acquiring sufficient land for the project had been problematic. VI.C.3. Proposed Resolution No. R06-110 RE: Approving a Special Warranty Deed for Lot 3, less 1-95 right-of-way, Block 2, FOREST HILLS, as recorded in Plat Book 25, Page 57, according to the Public Records of Palm Beach County, Florida conveying title to Karen Main, a participant in the City's SHIP Construction Program. Commissioner Ensler asked since the lot is City owned, if the property is sold, would the revenue be shared. Octavia Sherrod, Development Manager, responded shared equity had been implemented in SHIP funding effective July 1st. Not only the City's investment would be reimbursed, but also a graduated process of reimbursement from the sale. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 VI.C.4. Proposed Resolution No. R06-111 RE: Authorizing execution of a revised agreement that assigns ground lease interest and obligations to Global Signal, Inc., and a certificate of estoppel. (Ground lease for telecommunications tower at Ezell Hester Park) Commissioner McCray asked if revenue was being generated. Mr. Rumpf replied the change would not alter the lease agreements. The change was only to the management entities for the leased parcel from Sprint to Global. VI.C.5. Proposed Resolution No. R06-112 RE: Approving and authorizing execution of an Interlocal Agreement with the Town of Hypoluxo to share the purchase cost of an emergency generator at a City Lift Station. The net cost is estimated to be $15,000. Commissioner McCray inquired regarding the actual location of the City lift station. Mr. Mazzella replied the lift station serves Hypoluxo Point and is located immediately to the rear of HYPoluxo Town Hall. The City of Boynton Beach would own, operate and maintain the generator, and in the event of a long term power outage, the Town of HYPoluxo could connect portions of their building to the generator for basic light, AC and office equipment. Commissioner McCray felt the Town of Hypoluxo should have incurred more of the expenses. VIII. A. Project: Agent: Owner: Location: Description: Muvico Theaters (SPTE 06-004) George Figler, Muvico Theaters Boynton, JCP Associates, LTD. 301 North Congress Avenue Request for site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 29, 2005, from April 19, 2006 to April 19, 2007. Commissioner Ensler noted two movie theaters had closed on Congress Avenue anticipating Muvico opening and wondered when Muvico expects to move forward. Mr. Rumpf would proVide more detailed information. He understood site improvements were progressing and believed their intent was to move forward as soon as possible. VIII.B. Project: Agent: Location: Fosters Mill (MPMD 05-010) George Delarosa, President of Fosters Mill HOA North side of Miner Road between Congress Avenue and Lawrence Road Request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5) feet. Description: Commissioner Ensler understood the reasoning for the rear setbacks, but did not understand the request for a change in the side setbacks. Mr. Rumpf explained the request related to 5 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 accessory structures such as screen enclosures and pools. He added the lots involved were only those that backed up to the lake creating less of an impact. VIII.C. Project: Agent: Owner: Location: Description: Forest Hill Lot 3, Block 2 (ZNCV 06-007) Octavia Sherrod City of Boynton Beach South side of SW 23rd Terrace approximately 255 feet west of SW 6th Street. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of 1-95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-1-AA single-family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-1-AA single-family zoning district. Commissioner Ferguson had a significant problem with the site. He had visited the site and did not feel a house should be built on the lot. Commissioner Ensler revealed he had received a call from the owner adjacent to the property. He requested an aerial view showing the property lines would be beneficial. Mr. Hawkins explained the lot was an infilllot owned by the City and a family had qualified for the program. Commissioner Ensler expressed concern there could be a minority issue involved since there was no unanimity in the board's vote. Ms. Sherrod commented it was not a minority program, rather part of the SHIP incentives based on qualifications. The prospective owner was not a minority. Mr. Hawkins countered the NIMBY (not-in-my-back-yard) perception would need to be addressed since it involved a state program and an infill project. Ms. Sherrod indicated all the requirements had been met to this point and met the need for workforce housing because the buyer was a City employee. VIII.F. Project: Agent: Owner: Location: Description: Pylon Interstate Plaza (CO US 06-004) Steven L. Cohen Chambers Properties, LLC 1501 Corporate Drive Request for conditional usel new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861-acre parcel in the C- 1 zoning district. 6 Meeting Minutes Agenda Preview Conference Boynton Beach, FL VIII.G. June 16, 2006 Project Agent: Owner: Location: Description: Pylon Interstate Plaza (HTEX 06-003) Steven L. Cohen Chambers Properties, LLC 1501 Corporate Drive Request for Height Exception approval to allow a decorative hip roof over the proposed elevator shaft at a height of 53 feet 6 inches, a total of 18 feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning district. In light of the fact the plaza was on a main thoroughfare into the City, Commissioner Ensler requested assurance the design would be respective of other plans for future development downtown. A color layout would be helpful including a presentation from Mr. Rumpf on the compatibility with CRA plans and designs. VIII.H. Project: Agent: Owner: Location: Description: VIII.I. Project: Agent: Owner: Location: Description: Proposed Use: Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay) Michael J. Covelli, Caufield &. Wheeler, Inc. National Land Company, Inc. Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive Request to annex subject property (5.783 acres)(1st Reading of Proposed Ordinance No. 06-054) Lake Trail Estates (LUAR 06-012) (fka Bermuda Bay) Michael J. Covelli, Caufield &. Wheeler, Inc. National Land Company, Inc. Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac) (1st Reading Proposed Ordinance No. 06-055) Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential tQ R1-AA Single-Family Residential (1st reading of Proposed Ordinance No. 06-056) 22 Single-family residential homes. Mayor Taylor anticipated considerable public interest in the items because it related to a billboard and an exception having to be made. IX. A. Utility Service Area Analysis to maintain existing service area boundaries to achieve greatest system efficiencies and lowest capital costs. Commissioner Ensler estimated roughly 30% of the units served were outside the City. Mr. Mazzella noted it also included other municipalities and some in the unincorporated area. A 7 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 discussion followed on how the utility service area was developed, defined and funded. Attorney Cherof added a monthly surcharge also defrays those costs. X.C chair. Ordinance for procedure of advisory board election of chair and vice Attorney Cherof acknowledged he owed the Commissioners information relating to the previously proposed ordinances. Commissioner Ensler asked that an update be given on the M-1 rezoning study either under Future Agenda or City Manager's Report. Mr. Hawkins requested the water supply options be discussed as part of the budget workshops. The consultants concur the discussion would require more time than during a meeting. The Commission agreed. Commissioner Ensler relayed a citizen's concern and requested a future agenda item addressing requirements for temporary hurricane protection such as installation of plywood and the need for a permit. Commissioner McCray interjected although plywood does not meet the Code requirements, any protection for the citizens is the ultimate goal rather than compliance with code. Quintus Greene, Development Director, contended neither the Development Department or the City would want to sanction the use of hurricane protection that does not meet Code. Attorney Cherof advised a permit was not required. The issue of how long any protection can remain on a dwelling should perhaps be addressed. He would work in conjunction with the Building Department to develop an appropriate written response to requests. Mr. Hawkins stressed common sense should prevail and guidelines rather than regulations would suffice. X.F. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006) Commissioner McCray asked if a qualified presenter would be in attendance rather than staff. Mr. Hawkins indicated the level of expertise required to implement such a program would be discussed. XII.B.l. Proposed Ordinance No. 06-036 RE: Adopting a new Article III of Chapter 18 entitled "Municipal Police Officers' Retirement Trust Fund" in the Boynton Beach Code of Ordinances entitled "Pensions for Police Officers". (Tabled to June 20, 2006) Commissioner Ensler asked for clarification on some of the baCkup materials submitted. Mr. Mummert and Lt. Gary Chapman were able to explain the source and significance of the information submitted. Mr. Mummert noted any current retirees or those presently in the DROP incentive plan would not be affected by the increase in the multiplier being requested. Commissioner Ensler's concern he would raise at the meeting related to the appropriate level of retirement pay at the time of retirement. Mr. Mummert stressed there is a cap on the amount that could be received. Chief Immler emphasized that police officers are paid lower than the associate risk. Pension enhanced the pay factor. 8 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 Commissioner Ferguson requested data on the average salary increases over the last three years. XII.C.2. Proposed Ordinance No. 06-058 RE: Amending Chapter 15 of the Code of Ordinances, Section 15-8.5 by adding a new sub-section (C) entitled "Generators - Exemptions". Commissioner Ensler requested a summary on the impact of the Proposed Ordinance. Attorney Cherof explained the use of generators would be exempt from the noise and sound provisions during periods of power outages following natural disasters. Mayor Taylor noted the closed-door session would be added under XII. E.1. XIII.A. Selection of Steering Committee for 2006 American Assembly Program for Boynton Beach. Mayor Taylor suggested each Commissioner have two choices on the Committee. Commissioner Ensler suggested the five remaining seats be filled with individuals from the CRA, Planning & Development, Palm Beach Schools, Chamber of Commerce and a minority. Ms. LeJeune explained the Commission chooses the committee of 10-15 members and then the committee selects the 80 participants. She also noted the tentative schedule for the two day session for the participants is October 20 and 21. The first steering committee meeting has not yet been established. Mayor Taylor suggested the Commission's selections should be submitted by June 23, 2006. Flexibility with scheduling would be an important qualification for members. Commissioner Ferguson requested the Code Compliance issue that had been presented at the previous Commission meeting be added to the agenda for disposition. Attorney Cherof recommended the Commission not take action at the June 20th meeting due to legal issues yet unresolved. Mayor Taylor suggested the matter be considered at the July 5th meeting. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 11:28 a.m. 9 Meeting Minutes Agenda Preview Conference Boynton Beach, FL June 16, 2006 ATTEST: CITY OF BOYNTON BEACH J "~ ~. if? ~ 1{or Jerry aylor / 10