Minutes 12-01-06
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD AT BOYNTON BEACH CITY COMMISION CHAMBERS
ON FRIDAY DECEMBER 1, 2006 AT 9:00 A.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Commissioner
Jose Rodriguez, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manage
Jim Cherof, City Attorney
Judith Pyle, Deputy Clerk
Absent:
Bob Ensler, Vice Mayor
I. Call to Order
Mayor Taylor called the meeting to order at 9:02 a.m.
II.A. Informational Items by Members of the City Commission
Commissioner McCray would be extending his wishes to all for a happy holiday.
III.B. Community and Special Events:
1 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. 1ih Ave.
FREE.
. Saturday, Dec. 9, 6:30 p.m. Tree Lighting. - 100 block of E.
Ocean Ave. at Schoolhouse Children's Museum. FREE.
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. Saturday, Dec. 9, 7 p.m., Concert. Featuring Crystal Gayle
and the Gatlin Bros. - 100 block of E. Ocean Ave. FREE.
There was a short discussion on the activity schedule. Commissioner McCray was
unsure whether there would be enough time for the activities, and thought they were too
close together. Mr. Segal advised it should not be a problem. Mr. Bressner indicated
the City was expecting a large crowd this year.
Wally Majors, Recreation and Parks Director, advised there were 50 participants this
year and four marching bands.
Mayor Taylor noted the parade will allow the people to attend the tree lighting and then
attend the concert immediately thereafter at 7 p.m.
XIII. B. Follow-up discussion on site plan for Ocean 95 Industrial Project (Request item
be moved on agenda prior to Public Audience)
Mayor Taylor announced there was a request to move the Ocean 95 Exchange Item up in
the agenda before Public Audience. There was agreement to hear the item after Public
Audience. This would allow other members of the public to discuss items not on the
agenda, as opposed to having them wait. This change would be reflected on the final
agenda.
VI.B. 1. Approve a piggyback to the GSA Contract #GS-07F-9491 with Godwin Pumps of
America, Inc. for the purchase of (1) New 12" Bypass Pump at a purchase price
of $89,972.
Commissioner McCray asked for the definition of a Standard Commercial Warranty
regarding pumps.
Kofi Boateng, Utilities Director responded the warranty covered the pump for one year
or 2,000 running hours and the engine for one year. He explained the equipment is
specialized equipment. Commissioner McCray also asked about prices included in the
agenda item, more specifically, diesel driven portable bypass pumps and hoses, totaling
$90,000. Mr. Boateng would forward the specific information to the Commission.
Commissioner Rodriguez asked if the City had used Godwin Pumps in the past. Mr.
Boateng explained they had.
VI.B. Award the "ANNUAL SUPPLY OF SULFURIC ACID" Bid #009-2821-07/JA, to
SATCO, (Sulphuric Acid Trading Company, Inc.) of Tampa, FL for an annual
expenditure of $160,000.
Commissioner McCray asked if there was an increase in the market. Mr. Boateng replied
there had been a 22% increase in the market.
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Commissioner Rodriguez asked about the term piggyback. Mr. Bressner explained
Florida allows the City to enter into contracts with vendors selected from another public
jurisdiction. They did not have to put out bids if they found the pricing was within what
they would expect to pay. As this pertained to item B.1, the term piggyback could be
defined as any other contract, not necessarily a pre-existing contract or an existing vendor
they were using. This could also encompass GSA accounts.
VI.B Approve a piggyback with Charles S. Whiteside, Inc. in the amount of $418,442.50
For construction of the Southeast Neighborhood Park based on a contract with
Palm Beach County "Annual Pathway and Minor Construction Contract, Project
No. 2007052.
Commissioner McCray thought the savings should be reflected on the agenda.
Jody Rivers, Parks Superintendent, explained they were acting as a general contractor
and would use several different vendors. One vendor would provide site preparations,
another to put up the picnic shelter, one for electrical services and another for
landscaping. The entire budgeted amount would be used. This item would be revised to
show all expenses for the entire project.
VI.C.1. Proposed Resolution No. RE: Approving and authorizing
execution of Task Order No. U06-5-01 with CH2MHill for development of a testing
plan, and contracting for testing services to conduct a mechanical integrity test on
the reject water injection well, located at the West Water Plant for $89,958.
Commissioner McCray asked for clarification about the fiscal and estimated costs
associated with the resolution.
Mr. Boateng explained the item was broken down into two parts; $60,500 would be paid to
the subcontractor and the balance to the engineer, CH2M Hill.
Commissioner McCray requested that information be disclosed. The agenda item cover
memo should be modified to reflect this information.
VI.C.2. Proposed Resolution No. RE: Approving and authorizing
execution of an Assignment and Assumption Agreement as an addendum to the
contract approved on June 20,2006 among BellSouth Telecommunications, Inc.,
the City of Boynton Beach and Palm Beach County to install a secondary E9-1-1
PSAP to relocate 9-1-1 Communications for a cost of $60,831.
Commissioner McCray asked for an explanation of this item.
Wilfred Hawkins, Assistant City Manager and Gwen Johnson, Communications Manager
explained the State of Florida requires an alternate 911 location if they have to evacuate
the present 911 communications center. They have selected the EOC Building, which is
the Utilities Administration Building. The building can withstand up to a category three
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hurricane and was the best location they had at this time as alternate site to ensure
continued operations. The agenda item would provide the needed equipment and make it
operational.
Mr. Bressner explained, historically, the City had used the old BellSouth site, but it is no
longer available to the City. The City needs a back up Public Service Answering Point,
PSAP). The proposal was to move it to the east plant as a back up during a storm event.
He hoped this would be for a three-year cycle, or until the new EOC and fire station
located at High Ridge and Gateway was completed. The present location can only
withstand a category two plus hurricane. This would be a temporary location to replace
the BellSouth facility on Hypoluxo. The new location can withstand a category four
hurricane.
VIII.C. Project:
Agent:
Description:
Evaluation and Appraisal Report (EAR)
Staff-initiated
Request to review the revised EAR, which addresses the
deficiencies identified by the Department of Community Affairs in
the original EAR report. (Proposed Resolution No.R06-)
Commissioner McCray noted there were changes in titles needed. Commissioner
Ensler was now Vice Mayor Ensler, and Commissioner Ferguson was no longer on the
City Commission.
Hanna Matras, Economic Development Planner would make sure the changes are
made.
VIII.D. Project:
Agent:
Owner:
Location:
Description:
VIII.E. Project:
Agent:
Owner:
Location:
Description:
Miraflor (ANEX 06-009)
Bradley Miller, Miller Land Planning Consultants, Inc.
SCI Funeral Services of Florida, Inc.
West side of North Seacrest Boulevard across from Mentone Road
Request to annex the subject property (3.87 acres).
Miraflor (LUAR 06-022)
Bradley Miller, Miller Land Planning Consultants, Inc.
SCI Funeral Services of Florida, Inc.
West side of North Seacrest Boulevard across from Mentone Road
Request to amend the Comprehensive Plan Future Land Use Map
from Institutional (Palm Beach County INST) to High Density
Residential (HDR 10.8 du/ac)
Request to rezone from Residential, Multi-family (PBC RM to Multi
family Residential (R-3)
Proposed use: Residential development consisting of 40 multi-family townhome
units.
VIII.F. Project:
Agent:
Miraflor (NWSP 06-027)
Bradley Miller, Miller Land Planning Consultants, Inc.
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Owner:
Location:
Description:
SCI Funeral Services of Florida, Inc.
West side of North Seacrest Boulevard across from Mentone Road
Request for new site plan approval to construct 40 town homes and
related site improvements on 3.87 acres in the R-3 Multi-family
residential zoning district.
Mayor Taylor had concerns about these items. He reported many residents had
attended the Planning and Development meeting. The developer would be meeting
with the homeowners. Mr. Bressner also had concerns about the annexation. He
requested a letter be sent to the Homeowners Association for the property to the south,
advising them the matter has been continued to the January 2, 2007 Commission
Meeting.
Mike Rumpf, Director Planning and Zoning, clarified the reason for the tabling was the
newspaper ad and the mail outs did not match. He indicated the items should be kept
on the agenda and tabled to a date certain to coincide with the mail out dates.
Attorney Cherof advised the items would be left on the agenda and reflected they were
being moved to January 2,2007.
IX.B. New Space for the Police Department
Mr. Bressner announced there would be a recommendation to look at the Congress
Avenue site as opposed to the pricing on the Quantum property because the cost is in
excess of what the City should be paying for a publicly operated space. The address of
the S. Congress facility was 3200 S. Congress Avenue and is across from the tennis
courts. The facility is presently vacant and the relocation would be a partial relocation.
The proposal is to relocate Code Enforcement and Investigations.
Mayor Taylor noted the Police Department is crammed and they wanted to temporarily
lease space for about three years, until a new facility was completed.
IX.C. Report and Recommendation on Implementation Strategy for Boynton Beach
Assembly Project.
Mr. Bressner reported he tried to provide commentary on each item. He requested
when reviewing the document, to look at the individuals who participated in the
Assembly. He would like to keep the participants engaged in the process as well as
other individuals and advisory board members. He noted the report indicates what
needs to be done, but the determination of how it needed to be done remains.
IX.D. Report on 2007 State Appropriation Requests.
Mayor Taylor explained this was a timely item. He was meeting with State Senator Jeff
Atwater later in the day. Mayor Taylor invited the Commission and City Manager to
attend the meeting.
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X.A. Review by Recreation & Parks and Arts Administrator of possible pocket
park next to Sunshine Square
Mr. Bressner reported this was requested from an earlier Commission meeting. He had
a status report, which would be distributed soon. He advised the Recreation and Parks
Board met to discuss the property and they did not recommend moving forward with the
acquisition for a pocket park. The Arts Commission also did not view it as an
appropriate public arts venue. Staff perspective is the issue should not be pursued.
This item would be put on the January 2, 2007 agenda.
XII.A.1. Proposed Ordinance No. 06-063 RE: Amending the Future Land
Use Element of the Comprehensive Plan for a parcel owned by Sunshine
Square Corp, LLC., and located at the southwest corner of Woolbright Road
and South Federal Highway; changing the land use designation from Local
Retail Commercial (LRC) to Mixed Use (MU).
XII.A.2. Proposed Ordinance No. 06-065 RE: Amending Ordinance 89-38
by amending the future land use element of the Comprehensive Plan for two
(2) parcels of property; parcel one is bounded by the C-16 canal on the north,
Mariner's Way on the south, West Road on the west, and the Intracoastal
Waterway on the east;parcel two is bounded by Martin Luther King, Jr., Blvd.
on the north, NE 6th Court on the South, the Intracoastal Waterway on the east
and Alley east of and parallel to US Highway 1 on the west; changing the land
use designation from Mixed Use to Low Density Residential.
XII.A.3. Proposed Ordinance No. 06-072 RE: Amending Policy 1.9.5 and
Policy 1.16.1 of the Future Land Use element of the Comprehensive Plan in
support of a corridor study along Woolbright Road between the Florida East
Coast Railroad Right-of-way and 1-95 and to allow for residential densities of up
to twenty (20) dwelling units per acre in areas outside the Federal Highway
Corridor Redevelopment Area for the development of affordable housing.
Commissioner McCray requested clarification of the Large Scale Amendments. The
amendments were being sent to the State for adoption.
XII.A.B. The Office @ Bamboo Lane (ZNCV 06-011) Request relief from Chapter 2.
Section 6.C.3 of the Land Development Regulations, requiring a minimum lot
area of 15,000 square feet in the Community Commercial (C-3) zoning district,
to allow development of a lot of 11,578 square feet, representing a variance of
3,422 square feet. (Tabled to December 5, 2006)
XII.A.9. The Office @ Bamboo Lane (NWSP 06-023) Request for New Site Plan
approval to construct a 7,497 square foot professional business office building
and related site improvements on 0.265 acre zoned C-3 (Community
Commercial). (Tabled to December 5, 2006)
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XII.A.11. Ellipse (Sunshine Square) (HTEX 07-001) RE: Request for 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. (Tabled to December 5, 2006)
XII.A.12. Ellipse (Sunshine Square) (NWSP 05-031) RE: 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.
(Tabled to December 5, 2006)
Commissioner McCray advised he would move to remove these items from the table.
XII.C.1. Proposed Ordinance No. 06- RE: Amending the City of
Boynton Beach's Code of Ordinance to replace the term Occupational License
with Business Tax or Business Tax Receipt
Attorney Cherof clarified this ordinance was simply a change to match the State
verbiage.
XII.E.1. Closed door Executive Session to discuss pending litigation in the following
case:
Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller,
Individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton
Beach - Case No. CA 02-01704 AN
Attorney Cherof announced they would need up to an hour to discuss this matter. He
preferred the matter be tabled to January 2, 2007 when a full board would be present.
In the interim, he would discuss the matter with the Commission members individually.
XIII. A. Continued discussion of Community Redevelopment Agency Board.
There was consensus the discussion would take place when a full board was present.
The item was tabled to January.
Mayor Taylor announced Janet Prainito's mother passed away yesterday. He
announced the tentative viewing plan. An email would be sent later with the pertinent
information. He asked to keep her in prayer.
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XIV. ADJOURNMENT
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 9:34 a.m.
CITY OF BOYNTON BEACH
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Ja et Prainito
y Clerk
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Cathe~-Guberman
Recording Secretary
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