Minutes 11-17-06
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS
ON FRIDAY NOVEMBER 17, 2006 AT 10:00 A.M.
Present:
Jerry Taylor, Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner (Arrived 10:19 a.m.)
Jose Rodriguez, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Carl McKoy, Vice Mayor
CALL TO ORDER:
Mayor Taylor called the meeting to order at 10:07 a.m.
II.A. Informational Items by Members of the City Commission
Commissioner Ensler questioned whether the art ordinance would apply to City owned facilities.
Mr. Bressner indicated he assumed it did apply. Commissioner Ensler wanted City facilities to
be excluded and reflected in the revised ordinance. Commissioner Rodriguez suggested the art
component should be built into the plans and the City could lead by example. Mayor Taylor
directed the topic be discussed when the art ordinance was brought back before the
Commission in January, 2007.
Commissioner Ensler felt the two items on the agenda relating to the library, items VI.B.6 and
VI.CA should be heard together. It was agreed item VI.B.6 would be heard immediately
following item VI.CA.
III.B.l.Holiday Extravaganza featuring the 4th annual Medieval Faire, Holiday Parade
and Holiday Tree Lighting will be held on December 9th and 10th.
· Saturday &. Sunday, 11 a.m.-5 p.m. each day. Medieval Faire at
Intracoastal Park. Advance general admission tickets $5 at Boynton
Cinema, Old Boynton Rd. &. Military Tr., and City Hall in the Mall,
Boynton Beach Mall next to Macy's. Gate general admission $7.
Children 3-10 and seniors 65+ $5.
· Saturday, Dec. 9, 5 p.m. HOliday Parade steps off south along
Federal Hwy. from Ocean Ave. to S.E. 12th Ave. FREE.
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. Saturday, Dec. 9, 6:30 p.m. Tree Lighting. - 100 block of E.
Ocean Ave. at Schoolhouse Children's Museum. FREE.
. Saturday, Dec. 9, 7 p.m., Concert. Featuring Crystal Gayle and
the Gatlin Bros. - 100 block of E. Ocean Ave. FREE.
Commissioner Rodriguez noted it appeared there were competing events. Mr. Bressner replied
there would be some overlap but the events were sequential.
III.C.3.Presentation by Mayor Taylor of Certificates of Appreciation to the Recreation
and Parks Department's Planning Team for receiving national accreditation
through the Commission for Accreditation of Park and Recreation Agencies.
(CAPRA)
Mayor Taylor commented the Boynton Beach Recreation and Parks Department was one of only
twelve in the State of Florida to receive the national accreditation.
VI.B.3.Approve the piggyback of the City of Jacksonville, FL Bid #3-0203 for
Infrastructure Pipe Cleaning &. TV Inspection Services awarded to A.U.I. LLC of
Jacksonville, FL. The total expenditure cost to the City of Boynton Beach is
estimated at $454,825.
Commissioner Ensler expressed an interest in reviewing the competitive bids process utilized in
the City of Jacksonville and the minutes of the meeting when the bid was awarded to A.U.I., LLC
of Jacksonville, FL. Mr. Bressner reviewed the piggyback concept under the State statutes.
Attorney Cherof felt the rating sheet used in the bid process could be obtained along with the
minutes of the specific Commission meeting.
VI.B.4.Approve a piggyback with Musco Lighting in the amount of $293,000 for
replacement of the ball field lights damaged by Hurricane Wilma on Field 1 at
Little League Park based on a contract with the City of Jacksonville.
Commissioner Rodriguez asked if the break-ins at the ball fields had been remedied before more
monies were invested in equipment. Wally Majors, Director of Recreation and Parks, gave an
update on the break-ins. Commissioner Rodriguez noted there was a savings of approximately
$2,000 a year and asked if comparisons had been made. Mr. Majors advised it was the best
system available and could be controlled and monitored off site. The system also ran more
efficiently using less power. Mr. Bressner added the proposed lighting was much more efficient
and included hurricane protection.
(Commissioner McCray arrived at 10:19 a.m.)
VI.B.6.Approve a piggyback of the Florida State Contract #420-590-02-1 with R.
George and Associates, Inc. for the design, purchase and installation of
shelving, furniture and computer lab accessories for the Boynton Beach City
Library. The estimated expenditure is approximately $997,971.81.
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Commissioner Ensler pointed out the total cost was listed as $1,220,000. Craig Clark, Interim
Library Director, noted the figure did not include office furnishings which would be brought back
before the Com.mission. Commissioner Rodriguez asked if the budget line item of $lM would now
be depleted. Mr. Clark advised the additional request for furnishing would be brought in March or
April for $80,000 that would include miscellaneous equipment. He advised the Friends of Library
were providing a $100,000 donation for furnishings plus the use of reserve funds would bring the
item in under budget. Commissioner Ensler expressed concern with who was monitoring the
Library reserve funds. It was determined that a sources and use statement would be prepared to
clarify the source of funding and the expenditures.
Commissioner Ensler reiterated his request that the library furnishings item be discussed after
item VI.CA involving the Library Task Order.
Commissioner Ensler further questioned whether a competitive bid process was utilized when the
State contract was originally awarded. He was concerned, based on his own internet search for
comparable furnishings, that a significantly lower cost could be found. Wilfred Hawkins, Assistant
City Manager, explained the process that had been followed and stressed the furniture selected
was a mid grade quality. Commissioner Ensler inquired why his request for competitive bidding
had been ignored.
Commissioner Rodriguez suggested the City conduct competitive bidding for the same type of
furnishings and make a comparison to the State bid prices. Bill Mummert, Director of Financial
Services, emphasized there are extensive costs involved in the competitive bidding process that
are not expended when a State contract would be utilized. Commissioner Rodriguez wondered if
we had challenged the State pricing for a quality check and proposed an annual verification
process may be appropriate. It was also pointed out the interior design work was being done at
no charge because the furnishings were purchased off a State contract representing considerable
savings. Mr. Mummert advised the quality would be brought down along with the price point for
each unit if the Commissioner directed. Mr. Hawkins suggested it was a personal taste and design
issue.
Mayor Taylor noted the Library would be a $7M facility and there should be furnishings that are
appropriate in value. He noted the item was budgeted for $lM and the costs were under $lM.
He wanted a facility with furnishings that would make the City proud of it.
Mayor Taylor addressed the issue of moving item VI.B.6 to following item VI.CA as VI.C.4.a. The
changed was agreed upon.
Commissioner McCray suggested an update of the progress should be given and perhaps the item
should be tabled pending approval of VI.CA and further comparison into the price of furnishings.
Commissioner Rodriguez cautioned the comparison had to be very specific to be valid.
Mayor Taylor did not agree that a comparison should be undertaken by staff due to the time and
expense involved. Mr. Bressner pointed out the comparability may not be able to be determined
for several years. Mayor Taylor added selecting a few items to compare would not be accurate
because there may be discounts on an entire contract.
Commissioner Ensler maintained purchasing off a State contract was not a competitive bidding
process. He maintained that a price comparison on the open market was needed
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Commissioner McCray accepted the recommendation of staff, but suggested a price point
comparison may be appropriate.
Mr. Bressner requested a motion on the item to give direction to staff on how to proceed.
Motion
Commissioner Rodriguez moved that staff provide the Commission backup documentation on the
pricing for the highest priced item on the list with comparative pricing on the open market. Mayor
Taylor and Commissioner McCray voiced opposition to the motion. The motion died for lack of a
second.
Mayor Taylor declared the item would proceed as presented.
VI.C.2.Proposed Resolution No. R06- RE: Approving and authorizing
execution of an agreement between the City of Boynton Beach and the Cascade
Lakes Residents' Association, Inc. to share the purchase cost and use of an
emergency diesel-powered pump at a City lift station. The net cost to the City
of Boynton is estimated to be $15,000.
Commissioner Rodriguez questioned the reasoning for the request. Mr. Bressner explained the
pump would eliminate the need to haul a portable generator to the site during power outages and
the cost would be shared.
VI.C.3.Proposed Resolution No. R06- RE: Approving and authorizing
execution of an Agreement for Water Service Outside the City Limits with
Ronald L. Dawson for the property at 7833 Loomis St., Lantana, FL. (Tropical
Terrace LT 134)
Commissioner Rodriguez inquired why the City continues to provide water outside the City limits in
view of the ongoing water shortages. Mr. Bressner explained it was purely discretionary by the
City; however, in exchange for the water an agreement is required to be signed consenting to
annexation when and if the property becomes contiguous to the City limits. He agreed to provide
a water analysis of water consumption inside versus outside the City limits for informational
purposes.
VI.C.4.Proposed Resolution No. R06- RE: Approving and authorizing
execution of Change Order #6 for the Library Expansion Project in the amount
of ($396,137.52).
Commissioner Ensler requested an explanation of the Change Order. Mr. Clark explained it was a
negative or credit to the contract. Mr. Bressner added it reflected direct purchases made by the
City and the associated lack of sales tax. Attorney Cherof advised a change to the scope of the
contract does require a change order whether it is positive or negative. Commissioner Ensler
requested an update on the completion date and the actual move-in date.
VI.C.5.Proposed Resolution No. R06- RE: Approving an addendum to
the contract for construction services for Brang Construction, Inc. of Boca
Raton, FL, Bid #054-2413-06/CJD for the Construction of the Intracoastal
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Clubhouse Pavilion to reimburse the City 50/0 of the wind deductible or
$175,000 in the event of a wind or hurricane loss.
Commissioner Ensler needed an explanation of the addendum. Chuck Magazine, Risk Manager,
explained the request was due to Brang Construction having difficulty securing builders' risk and
flood insurance coverage. An agreement was reached that Brang would purchase the builders'
risk coverage. The project would be added to the City's flood insurance coverage at no cost to
Brang Construction. If a flood insurance claim would arise, Brang would be responsible for the
City's deductible of $175,000.
VI.C.J.Authorize the use of $500 of Mayor Taylor's Community Investment Funds for
the Dancer's Alchemy, Inc to provide funding for upcoming state competitions.
Commissioner Rodriguez asked if the total budgeted amounts were available on a fiscal or
calendar year. Mr. Bressner responded it was based on the fiscal year and Commissioner
Rodriguez had the full line of credit.
VIII.A.Approve a Special Warranty Deed conveying title to Carrie Lee Lyons for Lot
162, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51,
according to the Public Records of Palm Beach County, FL. (Proposed
Resolution No. R06-)
VIII.B.Approve a Special Warranty Deed conveying title to Andrae Robinson for Lot
160, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51
according to the Public Records of Palm Beach County, FL.( Proposed
Resolution No. R06-)
Commissioner McCray requested a brief explanation be made at the meeting for the benefit of
the audience.
VIII.C.Project: Peninsula (SPTE 06-007)
Agent: Tom Yianilos
Owner: Waterbrook Development, LLC
Location: 2649 North Federal Highway
Description: Request for a six month Site Plan Time Extension for site plan
approval granted on July 5, 2005, to extend site plan approval
from July 5, 2006 to January 5, 2007. (Tabled to November 21,
2006)
Commissioner McCray advised he would move to remove the item from the table.
Commissioner Rodriguez requested staff supply a small description of the various zoning
designations for his use.
VIII. E. Project:
Agent:
Owners:
Location:
Bru's Room (COUS 05-009)
Charles Putman, Putman &. Associates, Inc.
Bob Brudinski, Bru's Wings Inc.
1333 North Congress Avenue
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Description: Request for Conditional Use approval for a nightclub (amplified
music) at Bru's Room Sports Grill on 1.68 acres in the C-3
Community Commercial zoning district.
VIII. F. Project:
Agent:
Owners:
Location:
Description:
Bru's Room (MSPM 06-004)
Charles Putman, Putman &. Associates, Inc.
Bob Brudinski, Bru's Wings Inc.
1333 North Congress Avenue
Request for Major Site Plan Modification for a building addition
of 775 square feet to Bru's Room Sports Grill on 1.68 acres in the
C-3 Community Commercial zoning district.
Commissioner Ensler requested color pictorials be provided at the meeting. He also requested
clarification on the acoustic levels at the closest distance in feet to the nearest residential
property line and the nearest commercial property line. Mayor Taylor noted the previous
complaints from residents involved music from an open patio area. The requested change
would be for music in an enclosed area.
VIII. H. Project:
Agent:
Owners:
Location:
Description:
Boynton Village SMU, Building M (NWSP 06-028)
Kimberly Glas-Castro, AICP, Bonnie Miskel, Esq. and Ruden,
McClosky, Smith, Schuster &. Russell, P.A.
1950 Congress Avenue LLC
East side of Congress Avenue, approximately 1,800 feet north of
Old Boynton Road
Request for New Site Plan approval to construct a 12,120 square
foot retail building and related site improvements on out lot #5
of the approved Boynton Village project.
Commissioner Ensler requested colored pictorials be displayed at the meeting. He also asked if
the conditions of approval could include the payment of the arts fee. Attorney Cherof advised
the conditions of approval are in force when the applicant indicates acceptance at the meeting.
VIII.M.project: Country Inns &. Suites (NWSP 06-026)
Agent: Robert Currie of Currie, Sowards, Aguila Architects
Owners: Anand Patel LLC
Location: 2201 South Federal Highway
Description: Request for New Site Plan approval to construct a 62 room hotel
and related site improvements on a 0.91-acre parcel zoned C-3
(Community Commercial).
Commissioner Ensler questioned the wording of condition of approval 40 indicating
"participation" in the arts program. Mike Rumpf, Director of Planning and Zoning defined
"participation" as providing art or payment of the fee for art. Commissioner Ensler suggested
staff be prepared to discuss the design standards for both the CRA and the City of Boynton
Beach in relation to the project.
VIII. N. Project:
Agent:
Owners:
Country Inns &. Suites (HTEX 06-008)
Robert Currie of Currie, Sowards, Aguila Architects
Anand Patel LLC
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Location:
Description:
2201 South Federal Highway
Request for Height Exception approval to allow decorative
dormers at a height of 53 feet 7 inches, a total of approximately
9 feet above the 45 foot height limit for buildings in the C-3
zoning district.
Mayor Taylor announced he anticipated nearby residents may be present in regard to the rash
of criminal activity at the location behind the project resulting in 270 police calls to the area.
He questioned if there was a threshold that additional sanctions could be imposed. Chief
Immler replied nuisance control violations may be imposed; however, even State regulations
would only allow monitoring. Attorney Cherof agreed to work with Chief Immler to find a
possible resolution to the problem.
VIII.Q.Project:
Agent:
Ellipse (Sunshine Square) (REZN 06-008)
Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden
McClosky, Smith, Schuster &. Russell, P.A.
Owner: Sunshine Square CRP LLC
Location: Southwest corner of Federal Highway and Woolbright Road
Description: Request to Rezone from Community Commercial (C-3) to Mixed
Use-Low 3 (M&.U-L3) for a proposed mixed use project on 14.43
acres. (1st reading Proposed Ordinance No. 06-064)
VIII. R. Project:
Agent:
Ellipse (Sunshine Square) (HTEX 07-001)
Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden
McClosky, Smith, Schuster &. Russell, P.A.
Owner: Sunshine Square CRP LLC
Location: Southwest corner of Federal Highway and Woolbright Road
Description: Request for a height exception of 19 feet to allow for a total
height of 94 feet to accommodate the parapet, rooftop
mechanical equipment, elevator shafts, stairwells, and roof
profiles to exceed the maximum building height of 75 feet on the
MU-L3 zoning district, for a total of 94 feet. (Request to table to
December 5, 2006)
V111.S. Project:
Agent:
Owner:
Location:
Description:
Ellipse (Sunshine Square) (NWSP 06-021)
Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden
McClosky, Smith, Schuster &. Russell, P.A.
Sunshine Square CRP LLC
Southwest corner of Federal Highway and Woolbright Road
Request for New Site Plan approval to construct a mixed use
(reSidential/office/retail) complex on a 14.43-acre parcel in the
Mixed Use-Low Intensity 3 (MU-L3) zoning district. (Request to
table to December 5, 2006)
Commission Ensler voiced his opinion the Recreation and Parks Department and the Public Arts
Administrator review the possibility of creating a public park on the site of the gasoline station
that remains in the corner of the project. Mr. Bressner noted there would be a zoning issue.
Mayor Taylor felt it would be a separate issue to the items being considered. Mr. Bressner
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suggested the possibility be reviewed by the Recreation and Parks Department and the Public
Arts Administrator and a recommendation be made to the Commission at a later time.
IX.A. Discussion of proposed projects adjacent to Bicentennial Park.
Commissioner Ensler requested data on how much land the City would own if either of the
proposals for Bicentennial Park were adopted.
X. FUTURE AGENDA ITEMS:
Commissioner Rodriguez proposed a discussion relating to the CRA board be added to the
Future Agenda Items. Commissioner McCray requested a date certain be determined and asked
for clarification of the issues being sought for discussion. Commissioner Ferguson replied it
would be an open discussion on the current status of the board.
Commissioner Ensler requested an item be added to move the date of the board re-
appointments to after the November election instead of in April as is currently done.
Commissioner Ensler also requested that a limitation be set on the maximum for height
exceptions to give developers some guidance. Mayor Taylor felt the height exceptions were
handled on a case-by-case basis which was adequate. Mr. Bressner added the developers are
given guidance by not only staff but also the public in the public hearing process. After further
discussion, Commissioner Ensler withdrew his request.
XII.B.l.Proposed Ordinance No. 06-085 RE: Amending Chapter
2 of the City of Boynton Beach Code of Ordinances, creating Article XV,
entitled "Voting by Board Members" providing for abstention from voting by
board members with conflicts of interest and disclosure of conflicts of
interest by board members.
Commissioner Ensler suggested language be added for recusal if the board member was an
agent in the selling of the land for a development. Commissioner Rodriguez asked if it was a
conflict of interest. Attorney Cherof indicated it was not according to the current Ordinance.
Commissioner McCray agreed it should be added. Mr. Bressner concurred. Attorney Cherof
advised a motion to amend on second reading would be required
III.A.llntroduction by Craig Clark, Interim Library Director, of Michael Hall as Special
Services Division, Schoolhouse Children's Museum Executive Director.
Commissioner McCray apologized for arriving late. He returned to item III.A.1 and asked that
the length of time for the announcement be shorted considerably.
Attorney Cherof announced he would be requesting an executive closed door session be held at
the end of the December 5th meeting to discuss pending litigation.
There being no further discussion, Mayor Taylor properly adjourned the meeting at 11:39 p.m.
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CITY OF BOYNTON BEACH
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ATTEST:
udith A. Pyle
Deputy City Clerk!
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