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Minutes 04-29-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, APRIL 29,2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Mack McCray, Vice Mayor Janet Prainito, City Clerk Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Absent: James Cherof, City Attorney I. CALL TO ORDER Mayor Taylor called the meeting to order at 10:00 a.m. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS: B. Presentations: 1. Proclamations: c. National Nurses' Week - May 2-6, 2005 Vice Mayor McCray announced he would be presenting the proclamation May 3, 2005 at Bethesda Memorial Hospital. V. ADMINISTRATIVE: A. Accept the resignation of Michael McGoey, an alternate member of the Arts Commission B. Accept the resignation of John Spannuth, an alternate member of the Recreation and Parks Board. Mayor Taylor stated the first resignation was due to time constraints of the board member. The second resignation was based on the member being upset because he was not upgraded from an alternate to a regular member. Commissioner McKoy suggested more guidance be given to the Commission relating to elevating alternates to regular members. Mayor Taylor pointed out the appointments Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 are the prerogative of the Commission and making it mandatory would not be appropriate. He stated the Commissioners should refer to their lists and when appropriate, move the alternates to regular members. Commissioner Ensler commented there are statements in the ordinances addressing the issue as well as the types of people needed for the various boards. He suggested those criteria be reviewed for further guidance. VI. CONSENT AGENDA B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award Bid for the "Annual July 4th Fireworks Display" Bid #023- 2710-05/JA to Melrose South Pyrotechnics, Inc., in the amount of $31,000 to include barge. Vice Mayor McCray suggested the place and time of the event should also be included in the Agenda for the benefit of the public. 2. Award Bid #019-2821-05/CJD, for the "INCA Storm Water Management Improvements and Water Main Replacement Project" to Ric-Man Construction, Inc. d/b/a Richard Mancini Equipment Company in the amount of $4,130,907.00 plus an owner's contingency of 15% in the amount of $619,636.00 for a total project budget appropriation of $4,750,543.00 (Proposed Resolution No. R05-) Commissioner Ferguson asked for the amount of the original estimates submitted by the engineer. Mr. Bressner indicated he had asked the item be pulled from the Agenda. He explained the bid came in much higher than the engineer's original estimate and he had requested Utilities provide a report and the item be pulled from the Agenda. Vice Mayor McCray indicated the agenda should show item B.2 "Intentionally Left Blank". C. Resolutions: 1. Proposed Resolution No. R05-065 RE: Authorizing the execution of Task Order No.3 for $252,200 to Brown and Caldwell to provide a Business Case Evaluation for the Utilities Department Capital Program. (Tabled on 4/19/05) Both Commissioner Ferguson and Vice Mayor McCray indicated they would ask the item be pulled for discussion. 2 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 Vice Mayor McCray stated he had not received the full report and noted a correction needed to be made in the backup materials to reflect Nem Gomez had been the interim Utilities Director from May 18, 2004. Commissioner Ferguson inquired why there had not been competitive bids for the evaluation. He felt the backup appeared to be an extension of Mr. Gomez's contract. Vice Mayor McCray agreed with Commissioner Ferguson and asked that the last three Resolutions relating to the contract be pulled to determine the total amount paid to Brown and Caldwell. Mr. Bressner stated the figures were in the report that had been distributed. 2. Proposed Resolution No. R05-069 RE: Approving a Memorandum of Understanding with the PBA to raise officers' compensation for off-duty details. Vice Mayor McCray indicated he would pull the item and asked if the Resolution would raise the hourly rate for any detail from $25 to $33 for the City to make funds. Mr. Bressner stated it would cover the administrative and vehicle costs. Marshall Gage, Chief of Police, indicated the rate was increased to be consistent with rates in other area police departments and a portion returned to the City to cover expenses not previously covered by the entity hiring the details. Vice Mayor McCray indicated he would not have a problem with the item based on the information received. 3. Proposed Resolution No. R05-070 RE: Approving a lease Agreement between The Boynton Beach Faith Based Community Development Corporation, and the City of Boynton Beach for the property located at 2191 N. Seacrest Blvd. for the purpose of community development. Commissioner Ferguson asked how much space was available at the location. Mr. Bressner indicated it was a small home at the corner of Gateway and Sea crest. Commissioner Ferguson stated he would not pull the item. 4. Proposed Resolution No. R05-071 RE: Ratifying the Collective Bargaining Agreement between the City of Boynton Beach and the Palm Beach Police Benevolent Association (PBA) - Patrol Officers for the three (3) year period commencing October 1,2004 and ending September 30,2007. Commissioner Ferguson commented he would approve the item but stated going forward he would not vote to approve if the Commission held up the negotiations for such a long period of time. 3 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 Commissioner Ensler inquired about the sixteen hour continuous work clause. Chief Gage indicated the intent was to avoid a possible risk to the officers and/or the public. Commissioner Ensler stated the agreement further specifies the time would not include court, depositions, filing and similar judicial responsibilities. He asked if the time for the items specified would be in addition to the original sixteen hours. Chief Gage indicated it is possible but the past practice has been to send the officers home to avoid any risk. He also pointed out the agreement is a negotiated contract. Commissioner Ensler further inquired if this would also apply to off duty details. Chief Gage stated it was a continuation of the contract that had been in existence for years and in practice. Mr. Bressner stated a Memorandum of Understanding could be done for clarification. He recommended the contract be ratified in the interim and the Memorandum be submitted at a later time. Commissioner Ensler further inquired if an officer is required to take a stress test would the officer be paid for the time. Chief Gage indicated the officer would be paid. Commissioner Ensler asked for assurance that the Memorandum of Understanding would also be prepared for the other two contracts. Mr. Bressner stated it would not apply to the Lieutenants as they are exempt employees. Vice Mayor McCray agreed with Commissioner Ferguson's comments and cautioned the Commission to allocate funds in the budgets to cover the costs. He also felt the public should be made aware the Commission and City Manager were not totally responsible for the delay in negotiations. Mayor Taylor agreed the retroactive aspect of the contracts could be used to manipulate the negotiations and the final contract. Timely negotiations should be the goal of both sides. J. Authorize use of Community Investment Funds to The Boynton Regional Symphony Orchestra from Commissioner Ensler for $1,000. Vice Mayor McCray stated he supported the Symphony but inquired if the guidelines were being met. Mr. Bressner stated the Legal Department had signed off on the item; however, he did not agree. Commissioner Ensler stated the Symphony was practicing at the high school. Rehearsals had been cancelled for the summer since many of those involved live up north. The monies would be used to buy music and do other administrative work. Mr. Bressner indicated his concern was that the business entity of the Orchestra had not be finalized. Delays for other organizations awaiting appropriate documentation has occurred. Commissioner Ensler stated all the music and legal work has been funded by the participants at this time. He indicated the Sister Cities Program was also funded before documentation was received. Mayor Taylor asked if the Orchestra had their license or approval. Commissioner Ensler indicated they do have a tax certificate and are applying for licensing at this time. Mr. Bressner asked if the business entity would 4 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 be located within the corporate limits of Boynton Beach which is a requirement. Commissioner Ensler indicted it would be located in West Boynton. Commissioner McKoy pointed out the YMCA has been funded and is located outside of the City limits. Mr. Bressner indicated the YMCA offered benefits to the residents of Boynton Beach. Commissioner Ensler stated there are participants in the Orchestra that live within the City and the practices are held in the City. Commissioner McKoy asked if the funding was time sensitive. Commissioner Ensler indicated it was not but the organization needs help. Vice Mayor McCray stated it was Commissioner Ensler's Investment Funds and Legal signed off on the request approving it. K. Authorize use of Community Investment Funds to The Juvenile Transition Center, Inc. from Vice Mayor McCray and Commissioner Ensler for $1,000. Commissioner Ensler explained the Center is offering $5,000 in scholarships to students. Commissioner McKoy announced he would not be voting on this item. Mr. Bressner stated there would not be an issue with funding as the organization does meet all the criteria. Vice Mayor McCray indicated he would also like to donate $1,000. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission A Project: Carwash in M-1 (CDRV 05-001) Agent: Michael Weiner, Weiner & Associates Location: Industrial (M-1) Zoning District Description: Request for an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.A.4. M-1 Industrial District, to allow carwashes as a conditional use. Mayor Taylor stated he would be voting against the item since zones for carwashes already exist and there had been an outpouring of citizens opposed to the carwash. B. Notice of Intent to create a temporary moratorium to allow staff to review and revise zoning regulations for properties in M-1 Zoning District which Front on Specific Roadways. (Proposed Resolution No. R05-060) Commissioner Ensler asked for a definition of the phrase in the backup materials, " ; ; ;.for possible reduction in or expansion of the M-1 district." 5 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 Mike Rumpf stated the language was to set the tone for a general study of the M-1. and to also look at the other areas involving M-1 which may need to grow or shrink based on compatibility issues. Commissioner Ensler inquired if some of an M-1 zoning might be changed to other zoning. Mr. Rumpf indicated that may be a recommendation. Mayor Taylor asked if the uses might be changed also. Mr. Rumpf stated the consultant would be looking for compatibility of uses as well. Vice Mayor McCray asked for a time frame of the study being returned to Commission. Mr. Rumpf stated there was a six month time frame. IX. CITY MANAGER'S REPORT: A. Report on City Commission Project Priorities 2005. Mr. Bressner commented he was looking forward to the discussion on Tuesday. Mayor Taylor stated he felt the City Manager's evaluation could not be based on 32 priorities and should be narrowed down to10. Vice Mayor McCray stated the evaluation would not be based on the 32items. He stated he views the City Manager overall and what he has done within the City during the one year time frame. Some items take several years to complete and the Commission needs to be open minded in doing the City Manager's evaluation. X. FUTURE AGENDA ITEMS: A. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard. (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA)(TBD) Vice Mayor McCray asked for a status report on the item since it had been pending for over a year. Mr. Bressner stated it was in transit between the CRA and Planning and Development Boards. Mike Rumpf stated he was unable to get the item to the Planning and Development Board. For an update he stated the report had been drafted, Code language finalized and the presentation nearly complete for the next CRA meeting. B. Hurricane Design for City Buildings.(TBD) Vice Mayor McCray asked the status of the item in light of the upcoming hurricane season. Mr. Bressner stated he would have to check with staff on the status. Mayor Taylor asked for clarification on what issue remains. Mr. Bressner stated there are a number of buildings that exist that do not meet the current code and need to be retrofitted and upgraded. Commissioner Ensler wanted to be sure that a statement of policy for new buildings should also be included. Mr. Bressner suggested the items be placed on the Agenda for the second meeting in June. 6 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 C. Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) Vice Mayor McCray asked if a workshop should be scheduled to move this item forward. Mr. Bressner indicated a pre-workshop with the Commission was not planned. The report has been completed and in the next two weeks a summary report with the findings will be submitted to the Commission. D. Proposed Lease Agreement with Boynton Woman's Club (6/7/05) Vice Mayor McCray asked if the item could be moved forward. Mr. Bressner indicated a final agreement had been prepared and circulated. Mayor Taylor stated a report had been received and there was no money for the project. Mr. Bressner stated he would be submitting a final report on the agreement for the first meeting in June. F. Commission Boundary Redistricting (5/17/05) Vice Mayor McCray inquired on the status of the item. Mr. Bressner stated the response on the RFP is due and the item should be ready for the May 17th agenda. Commissioner McKoy asked how many applicants responded. Mr. Bressner will provide that information. G. Intralocal Agreement between City and CRA -- Heart of Boynton Land Purchases (5/17/05) H. Intralocal Agreement between City and CRA-Boynton Beach Promenade Extension (5/17/05) Vice Mayor McCray asked if the May 1 ih date was realistic for the items. Mr. Bressner indicated staff meetings have been held and the items would be ready for May 1 ih. XIV. Adjournment There being no further business, the meeting properly adjourned at 10:43 a.m. 7 Meeting Minutes City Commission Agenda Preview Conference Boynton Beach, Florida April 29, 2005 CITY OF BOYNTON BEACH ~ne~. Commissioner Commissioner 8