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Minutes 09-30-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, SEPTEMBER 30, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Wilfred Hawkins, Assistant City Manager Michael Cirullo,Jr., Assistant City Attorney Janet Prainito, City Clerk I. Call to Order Mayor Taylor called the agenda preview conference meeting to order at 10:00 a.m. III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS: A. Announcements: Vice Mayor McCray hoped the Boynton Beach Police Department would announce the new substation as reported in the newspaper. Vice Mayor McCray also inquired if the website was used, would email addresses identify the sender. Chief Immler responded that posting a message the email address would not be retrieved unless the individual submitted a name. Vice Mayor McCray inquired if complaints could be launched from the website. Chief Immler replied that could be done directly from the website. Vice Mayor McCray praised the Chief for the creation of the website. Mayor Taylor concurred. e. Presentations Vice Mayor McCray thanked the Commission for the letter that was sent to the st. John's Missionary Baptist Church commemorating its anniversary. VI. CONSENT AGENDA: B.S Award the RFP for "POLICE DEPARTMENT MANAGEMENT STUDY" RFP #027-2110-0S/0D to Police Executive Research Forum of Washington, D.e. in the amount of $98,117.00 with funding to come from contingency account # 001-1211-512.99-01. (Proposed Resolution No. R05-) Vice Mayor McCray asked for elaboration from staff on the parameters of the study. Mr. Hawkins related the Commission's input was incorporated into the request. Chuck Magazine, Risk Manager, added the specifications submitted were included in the outline of their study, responding specifically and directly to the RFP. Vice Mayor McCray wanted assurances the procedures for logging in property would be studied based on the Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 previous investigation within the department. Mr. Hawkins mentioned items 5 and 6 on accountability and department policies, procedures and guidelines would cover the concerns. B.2 Approve a contract for "FIVE YEAR CONTRACT FOR SNACK VENDING MACHINES" to Steve's Vending of Loxahatchee, FI. (Proposed Resolution No. ROS-) Commissioner McKoy requested returning to item B.2 and inquired who determined the content of the machines. He had received complaints from employees and staff on the issue. Mr. Hawkins responded that he, along with the Procurement Division and input from certain employees determined the items to be stocked. Also past experience was used together with quality assurance, limiting the number of perishables. Healthy items were also included. Commissioner McKoy suggested a variety of snacks in addition to the ice cream machine currently in the break room would be nice. Vice Mayor McCray understood any complaints or concerns relayed to the Commission should be forwarded to Mr. Hawkins. Mr. Hawkins concurred. B.6. Award the RFP for "POLICE DEPARTMENT MANAGEMENT STUDY" RFP #027-2110-0S/0D to Police Executive Research Forum of Washington, D.C. in the amount of $98,117.00 with funding to come from contingency account # 001-1211-512.99-01. (Proposed Resolution No. ROS-) Vice Mayor McCray asked if colors and designs had been addressed for the sides of the bus. Jody Rivers, Parks Superintendent, said the bus would be white and include the City logo. Ideas were being brainstormed at the staff level, but a decision had been reached. Vice Mayor McCray noted Fort Lauderdale's buses look a lot better than the City buses and he felt the buses should look recreational. Ms. Rivers assured the Vice Mayor the bus would look very nice. Mayor Taylor inquired if the PAL kids would have access to the bus. Ms. Rivers indicated she would work with the group. B.7 Split-award the "TWO YEAR CONTRACT FOR THE PURCHASE OF VARIOUS SIZE DISCHARGE PUMPS EMU OR FLYGT", Bid #059-2816- OS/OD, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure over the two (2) year period of $300,000. The two (2) companies being recommended for award are: Florida Bearings, Inc. of Riviera Beach, FL and m Flygt LLC, of Riviera Beach, FL. Vice Mayor McCray requested an explanation from staff on where the pumps would be placed and the need for the pumps. Kofi Boateng, Director of Utilities, asserted the pumps were needed to support the lift station operations. The pumps had been purchased to be used only when needed. The intent would be to purchase the pumps in bulk and when needed, the pumps can be obtained from the procurement warehouse. Mr. Hawkins added the pumps are for replacement and to meet emergency needs of the City. 2 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 B.8 Award the Bid for "THE PURCHASE OF NINETY (90) NEW ELECTRIC GOLF CARS", BID #063-291O-0S/JA, to CLUB CAR INC. of Orlando, FL, for a total amount of $179,525. This price is the grand total including trade-ins. Vice Mayor McCray inquired regarding the disposition of the old golf carts. Dan Hager, Golf Course Operations Manager, explained the old carts are part of the bid as trade ins. The total amount reflects the after trade-in value. Vice Mayor McCray suggested a couple could be recycled for use by other departments. Mr. Hager indicated the offer had been made and acknowledges money could be saved if the opportunity presented. Commissioner Ensler believed $2,000 for a golf cart was a very good price. He asked for the actual price before trade-in. Mr. Hager said the price was $3,195 per cart. Mayor Taylor was pleased the new carts would be an upgrade with the longer battery life. B.9 Award the RFP for the "THREE-YEAR LEASE FOR CONCESSION OPERATIONS, OCEANFRONT PARK", at Boynton Beach Municipal Beach, Oceanfront Park, RFP # 066-271O-0S/JA and to Backstreet Grille & Bistro per the terms of the lease agreement Monthly lease payments will be made to the City of Boynton Beach. (Proposed Resolution No R05-) Commissioner Ferguson requested the name of the present supplier and asked if that supplier was one of the bidders. Ms. Rivers indicated the chosen bidder was Partners Plus who came in with a lower bid. The bidder who did not receive the award is the current supplier. Commissioner Ferguson questioned if it was enough of a savings to change suppliers. Mr. Hawkins pointed out it was not a matter a savings, rather how much money the City can make. Mayor Taylor asserted over a three year period it would be a $14,000 to $16,000 difference in revenue for the City of Boynton Beach. B.l0 Award the Bid for the "BOYNTON BEACH MEMORIAL PARK ETCHING NAMES IN MAUSOLEUM CRYPT AND NICHE FRONTS", Bid #057-2730- OS/JA to BROWARD MONUMENT, for a total of $92,765.00. Vice Mayor McCray asked if anything was being done to recoup the cost. Ms. Rivers explained monies would be saved in the long run due to constant replacing of the lettering that is very costly as opposed to the permanent sandblasting of the names. Vice Mayor McCray questioned if the cost was included in the price of a crypt when purchased or was more money being spent. Ms. Rivers explained the initial cost would be additional monies; however, over the years money will be saved. An amortization of a breakeven point had not be determined. Vice Mayor McCray again asked what the replacement cost would be for the existing crypts. Ms. Rivers answered $92,765.00. Mayor Taylor asked if the monies were paid from the cemetery fund. Ms. Rivers confirmed the perpetual fund monies would be expended. Vice Mayor McCray requested a figure on the amount of money in the perpetual fund attributed to the mausoleum. 3 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 Mayor Taylor thought the figure was in the millions. Mr. Hawkins assured Vice Mayor McCray the figure would be made available to the Commission. e. Resolutions: 1. Proposed Resolution No. R05- RE: Approving the FDOT Maintenance Memorandum of Agreement (MOA) for the median improvements to be completed with the Boynton Beach Boulevard resurfacing project scheduled for next Spring, 2006. Mayor Taylor requested a description of how the mediums on Boynton Beach Boulevard would be done. Jeff Livergood, Director of Public Works, maintained as part of the project being done by Florida Department of Transportation (FDOT) some medians would be extended and some new medians would be added. The proposed Resolution is an agreement with FDOT that they will do the planting in the green areas rather than concrete. Mayor Taylor recalled years ago many businesses along the corridor had been against any planting in the medians and the monies had been returned to the State. He noted the price in the MOA is only $18,000 and he wondered what could be done with that amount. Mr. Livergood understood the areas were very small and the preference was to have the medians landscaped rather than hardscaped. The Mayor's preference would be for something other than twigs that already exist in areas. Mr. Livergood felt the plantings would be colorful as seen on Federal Highway with low volume plants. Doug Hutchinson, CRA Director, maintained the CRA had been working with the Public Works Department along with Kimley-Horn to address the streetscapes in the area. Due to the small sizes, trees would not be used. He reported the CRA had hired engineers to study the medians along with wider sidewalks and lighting through the Boynton Beach Boulevard corridor. Mr. Livergood noted those plans were in addition to what was being discussed with the proposed Resolution. Commissioner Ensler inquired how this project fits in with the widths of the rights-of-way planned for the future. Mr. Hutchinson acknowledged agreement on the setbacks and areas had been reached for development to commence along Boynton Beach Boulevard. Commissioner Ensler asked if widening the Boulevard would be done. Mr. Hutchinson pointed out the area around the Holiday Inn Express would be widened from 3'd on. The area had been defined for the benefit of future developers and builders. The greatest concern would be the ramps accessing 1-95 with lane extensions heading east and then entering 1-95 north. e.7 Proposed Resolution No. R05- RE: Approving an Interlocal Agreement with Palm Beach County for the installation and maintenance of an information kiosk at Boat Club Park. Mayor Taylor addressed a typographical error in the agenda request form. E. Ratification of CRA Action: 4 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 1. Gulfstream Gardens (MPMD 05-011) Request for Master Plan modification to re-orient the townhouse buildings, and modify and relocate parking areas, drive aisles, and recreation areas within the 9.99 acre Gulfstream Gardens Master Plan. 2. Gulfstream Gardens (NWSP 04-016) Request for new site plan approval to construct 198 dwelling units and related site improvements on a 9.99 acre parcel in the (PUD) Planned Unit Development zoning district. Commissioner Ensler noted he would pull items E.l and E.2 for any public comment. He commented staff had included the minutes of the meetings previously. Commissioner Ensler asked if the minutes had been completed. He believed a Resolution had been passed indicating the minutes would be supplied prior to the meeting so both the public and Commission could review the minutes. City Clerk Prainito agreed. Commissioner Ensler inquired if the items were then properly on the current agenda. Mike Rumpf, Director of Planning and Development, advised the items were placed on the agenda based on the review schedule. City Clerk Prainito indicated the minutes would be provided before the end of the day. Commissioner Ensler was concerned with the public having an opportunity to review the minutes and comment. Mayor Taylor felt the Resolution indicated, if possible, the minutes would be supplied; however there was some flexibility to move the projects forward. Commissioner Ensler had no objection to leaving the items on the agenda but he was concerned with the process. Quintas Greene, Development Director clarified the schedule takes into consideration the skipping of the additional Commission meeting and the item is on schedule for presentation. Commissioner Ensler hoped the minutes could be distributed earlier in the future. City Clerk Prainito explained the office was short staffed by two people, but they would be distributed later in the day. Mayor Taylor, Vice Mayor McCray and Commissioner Ferguson agreed the minutes did not need to be specially delivered to them. H. Approve a $5,000 donation to MAD DADS of Greater Boynton Beach, Inc. from the State Law Enforcement Trust Fund. Vice Mayor McCray commented he had spoken with Chief Immler regarding the donation and had no problem with the item. However, he hoped the affiliation with MAD DADS would be monitored. Mr. Hawkins elaborated the City of Boynton Beach does have instructors that participate in the program and can monitor the organization. X. FUTURE AGENDA ITEMS: Mr. Hawkins mentioned the Blue Collar Union voted unanimously on a Memorandum of Understanding containing five specific items which will be brought before the Commission at the next meeting. One issue had a direct impact on the overall contract and resolving that issue should be a positive sign the discussions can now move forward. Commissioner Ensler announced he may be bringing up a subject regarding the utility capital fee based on his ongoing investigation. 5 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 Vice Mayor McCray was concerned the dates printed on the Future Agenda Items can be attained, especially items A and B. Mr. Hawkins believed staff was coming to conclusion on those two items. Mr. Hutchinson mentioned the CRA Board would discuss the issues at the October 11th meeting. XII. LEGAL: A.S Proposed Ordinance No. 05-060 RE: Approving creation of Chapter 1.5, Article (1/2/3/4/5) of the Land Development Code of the City of Boynton Beach entitled "Art in Public Places Program" for new development and redevelopment in non-residential districts and in mixed use and multi-family districts. Assistant City Attorney Cirullo clarified the City Attorney had made changes on Section 2.163, paragraph six; the guidelines are attached to the ordinance. Also in Section 2.163, paragraph a., changes were made to clarify when the fee could commence and the applicable projects involved. Mayor Taylor understood once the Ordinance is passed on October 5th, anything coming into the Planning Department after that would be subject to the Ordinance. Attorney Cirullo agreed if the project was under review or an application filed, the project would not be subject to the fee. Arleen Dennison, Staff Liaison for the Arts Commission, understood the legal ramifications to the decision. The intent of the Arts Commission was anything that had not gone to permit would be eligible. Projects in discussion that have not gone to permit would be included to avoid the loss of funding. She agreed the matter was a legal decision first. Commissioner Ensler suggested Planning and Zoning make it clear to developers whether the fee was involved to avoid complaints. Attorney Cirullo also noted one further change would be at the end regarding the effective date on Section 5 of the ordinance clarifying when it is passed it is effective. Commissioner Ensler asked where in the ordinance it stated, when in the development cycle, the fee applies or does not apply. Attorney Cirullo referred Commissioner Ensler to Section 2.163.a. Commissioner Ensler wanted a definition of the word commence in the context and asked staff for a better wording. Mr. Rumpf explained formal application steps are in place and there is a formal submitted date when the application is complete that is a benchmark. Once the application is submitted it crosses the threshold of value to fall under the ordinance. Many things could trip the dollar figure that may not be a formal application such as a permit application. Mr. Hawkins suggested the wording reflect words directly from the procedure for clarity. Attorney Cirullo felt legal could work with staff and change the word commence. Vice Mayor McCray wanted to be assured the average citizen could understand and interpret the ordinance. 6 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 Virginia Farace, Library Director, asked for clarification for the Arts Commission since the guidelines attached are only draft guidelines and not updated. Commissioner Ensler questioned if the guidelines should be part of the Ordinance. Mr. Hawkins stressed any changes to the guidelines had to be submitted today to the Legal Department. Commissioner Ensler suggested words be added that changes to the guidelines could be made over time without making ordinance changes. Attorney Cirullo said the notice to those trying to comply would be the problem. The Commission does administer the funds and any change should be through the Commission. Ms. Farace asserted the ordinance contradicts itself with regard to the guidelines. Mr. Hawkins indicated although art is very subjective, the ordinance cannot be construed to match the art unless a substantive change needs to be made. Attorney Cirullo noted by requiring changes be made through the Commission there would be two readings including one that is a public hearing. Commissioner Ensler questioned the relationship between the Arts Commission, Recreation and Parks Board and the Recreation and Parks Department. Ms. Dennison replied the Board had met together, along with the CRA and have already talked about the Carolyn Sims project. Commissioner Ensler asked if the same process could be used for the Veterans Commission and Ms. Dennison concurred. Vice Mayor McCray felt the ordinance was clear cut and the changes were not necessary. Mr. Hawkins felt the changes were minor in nature. Mayor Taylor pointed out they are guidelines and recommendations and does not mean it is law. He suggested verbiage be added that gives the ordinance priority over the guidelines to avoid any inconsistencies. Attorney Cirullo conceded the language could be added. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05- RE: Approving establishment of the Quantum Park Overlay Dependent District. Commissioner Ferguson inquired what the new voting percentages would be between residential and non-residential. Richard Ellington, District Manager for the Quantum District, thought it would include two representatives from the commercial/industrial areas and three from the residential. Commissioner Ensler asked if the City property within Quantum would be part of the overlay district. Mr. Ellington and Mr. Hawkins responded the City is exempt from any special assessments. Commissioner Ensler suggested the City property be cut out of the overlay district. Mr. Ellington maintained the district would be responsible for maintenance and other aspects of the district and the City property would be involved, but exempt from assessments for the maintenance. Commissioner Ensler elaborated on his question to include the obligations of the City relative to the District and the new emergency center for the City. 7 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 Hanna Matras, Economic Research Analyst said the new district would not be levying any new taxes as long as the bond is not paid off and then it would be phased out. Commissioner Ensler reiterated his concern was not maintenance but the obligations of the City in the Emergency Center relative to the entire Quantum District that might be inconsistent with what the overlay district would propose. Mr. Ellington stressed all the planning and zoning is still controlled by the City and what goes on the property. The District has to continue to pay the debt on the property used to do the original infrastructure. State law requires the resident electors to elect the board. Without the change only the residents would be represented. All other aspects would remain the same and it is simply a matter of who governs. Commissioner Ensler maintained the City owned property should be excluded from the overlay district and independent. Mr. Hawkins commented the district could not deny the City access to the property in any respect. Mayor Taylor felt the ordinance only allowed any new resident to have a voice on the board regarding the payment of the debt. Mr. Ellington agreed. C. Resolutions: 1. Proposed Resolution No. R05- RE: Approving the Interlocal agreement between the City of Boynton Beach and the Community Redevelopment Agency for the Old High School Project. Mayor Taylor assumed the agreement would be between the CRA, the City and the Old School Square Group and yet the third party is never mentioned. Mr. Hutchinson pointed out the CRA Board included clauses it would be entering into partnerships for the reuse of the building to be brought before the Commission for approval. The specific terms are between the City and CRA so such things as funding could not be compromised by entering into a tri-party agreement. Mr. Hutchinson assured Mayor Taylor the group would be part of the partnerships. Commissioner Ensler inquired if the Arts Commission would also have a voice in the project. Mr. Hutchinson pointed out one of the strongest partners is the Cultural Board and Museum and the Cultural Center, Inc. is the only partner specifically stated within the agreement. Ms. Dennison, speaking on behalf of the Cultural Center Board, has already started the planning process and expects to be a key player. Mr. Hutchinson remarked the Commission is still in the "driver's seat" and the agreement assures the CRA is committed to the project and committed to the funding process. e.2 Proposed Resolution No. R05- RE: Approving a three month extension to Notice of Intent #2005-01 to allow additional time for the review of consultant recommendations, the consideration of related data being assembled as part of a county-wide effort, and for the completion of regulations or other recommendations. 8 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 Commissioner Ensler requested a copy of the draft of the consultant recommendations when it is available. D. Other: 1. Tow Contracts and clarification of per mile towing charges. Mr. Hawkins stressed when the original contract was negotiated it was not the intent that tow companies receive a per mile charge in addition to the flat rate when towing inside the City. The per mile charge was to be added only when the tow was outside the City. The current language reflects the intent. XIII. UNFINISHED BUSINESS: Vice Mayor McCray expressed his concern that the City of Boynton Beach has in place evacuation routes for the residents in the event of a hurricane. He requested staff give a hurricane evacuation route update and what additional evacuation plans are in place in the event of a large hurricane hitting the City. Mr. Hawkins indicated existing evacuation routes have been posted and maps made, but Chief Bingham and staff would review their effectiveness and present an update. Commissioner Ensler felt with the surrounding towns and cities, if an evacuation were in place heading north, there would be unavoidable gridlock. Mayor Taylor indicated timing of departures would be a key element. Mayor Taylor announced due to the Jewish Holiday the Commission meeting is scheduled for Wednesday, October 5th. City Clerk Prainito requested the approval of the minutes from the September 20th Commission meeting be moved to the October 18th agenda pending completion. XIV. ADJOURNMENT: There being no further business, the agenda preview conference adjourned at 10:38 a.m. 9 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 30, 2005 CITY OF BOYNTON BEACH Q "' ATTEST: / Coll'1 . . / ,~. /~ ~ .. mml oner ~r. / mmissioner ~-- -~ (.I ler~ .. /7 (/(u/7?/~! eputy City Clerk (September 25, 2005) 10