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Minutes 03-17-06 MINUTES OF THE CITY COMMISSION AGENDA PREVIEW MEETING HELD ON FRIDAY, MARCH 17,2006, AT 10:00 A.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Absent: Mike Ferguson, Commissioner I. Call to Order Mayor Taylor called the meeting to order at 10:00 a.m. B. Invocation by Dr. Solomon Rothstein - 2nd Police Chaplain Mayor Taylor announced it is uncertain whether Dr. Rothstein will be able to give the invocation. A replacement will be made if Dr. Rothstein cannot attend. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray indicated he will have an informational item and will discuss it on Tuesday at the meeting. Vice Mayor McKoy indicated he had an item regarding his discretionary funds. He may need to add that item. III. ANNOUNCEMENTS, COMMUNITY &: SPECIAL EVENTS, &: PRESENTATIONS: C. Presentations: 3. Presentation by Wally Majors, Director of Recreation and Parks Department and Jody Rivers, Parks Superintendent, regarding the Recreation and Parks Strategic Plan and Recreation and Open Space Element of the City's Comprehensive Plan and endorsing the Strategic Plan. Commissioner McCray asked how long the presentation would be. Jody Rivers, Parks Superintendent indicated the presentation would be five to seven minutes. It was requested the presentation be kept as short as possible. Commissioner McCray suggested the presentations could be grouped into short and long presentations, and further suggested hearing the short presentations first. Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17, 2006 VI. CONSENT AGENDA: B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 2. Approve the purchase of the necessary audio equipment for the Commission Chambers from Troxell Communications, Inc., in the amount of $31,593.00 from Account #302-4101-580-64-02. Commissioner McCray asked when the upgrade to the sound system would be made. Assistant City Manger, Wilfred Hawkins indicated it would commence within 30 days. Mayor Taylor recounted the City Commission would be approving the low bidder. He asked whether the equipment would be adequate. Peter Wallace, Director ITS responded they visited Wellington, Palm Beach, and Martin Counties to evaluate their systems. They looked not only at integrating the audio but the pay channel with Adelphia as well. The equipment is top quality. There will be editing machines in the audio mixers as well. The initial purchase is strictly for the audio portion, but they will continue to buy the video equipment so PowerPoint presentations and the like will be able to be broadcast across the channel. 3. Approve a piggyback of Palm Beach County contract #05569 with S&F Construction, Inc. to install prefabricated replacement buildings at the Municipal Golf Course and demolish the current three relief shelters and range shelter that were severely damaged by Hurricane Wilma with an expenditure of $188,472.00. Commissioner McCray asked if Federal Emergency Management Agency (FEMA) funds are being received with regard to what is occurring at the golf course. Freda De Fosse, Manager/Administration explained the three release stations and the range buildings were moved off their foundations when Hurricane Wilma came through and they submitted to FEMA for reimbursements. The original numbers submitted six months ago have changed. The worst-case scenario for out of pocket expenses is $50,000 which covers all four buildings. FEMA will consider the new pricing and she asked Risk Management to get in touch with FEMA, which they are in process of doing. There is 75% reimbursement from FEMA, 12% from the State and about $60,000 to $65,000 from insurance. The majority of the costs will be covered by those reimbursements. Mr. Bressner explained the agenda caption should indicate the City is expecting a certain amount of money that is being recouped. He requested she provide the numbers for the agenda caption to the City Clerk. The agenda cover sheet can stay but the agenda item needs to reflect the proper amount for the public. Mayor Taylor complimented Ms. De Fosse on her forward thinking with the prefabricated buildings, so if in the future anything changed, the buildings could be moved onto the new golf course. 2 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17,2006 C. Resolutions: 2. Proposed Resolution No. R06- RE: Ratifying a Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (Lieutenants) for the purpose of clarifying longevity benefit language. Commissioner McCray requested clarification on the longevity benefits. Attorney Cherof explained this item is an approval of a Memorandum of Understanding and provides for clarification of the longevity benefit lump payment that was made available to the Sergeants and Rank and File members of the department. The language in the Lieutenants' contract was a little different. This is intended to conform the language so all three unions have the same language regarding longevity payments. No additional benefits are being added. They are just clarifying the language in the contract. 3. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits for the property at 1106 Highland Rd. Lantana, FL (Ridge Grove LTS 42 & 43) 4. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits for the property at 1184 Alto Rd. Lantana, FL (Ridge Grove Add No 1 Lt 303 & 304) 5. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits for the property at 7755 Loomis St. Lake Worth, FL. (Tropical Terrace LT 126) 6. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits for the property at 7769 Loomis St, Lake Worth, FL. (Tropical Terrace L T 127) 7. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits for the property at 823 Palmer Road, Delray Beach, FL. 8. Proposed Resolution No. R06- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City limits for 807 Palmer Road, Delray Beach, FL. Commissioner Ensler had questions on all of the above water agreements. He indicated Items C3 and C4 were for Lantana. Items C5 and C6 were for Lake Worth and Items C7 and C8 were for the unincorporated portion of Delray Beach. 3 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17,2006 Commissioner Ensler announced at the last meeting they approved a reclaimed water system plan which is a process that will cost several million dollars that would save a half million gallons of water a day. He expressed the water district boundaries were defined in the past, but did not understand why the City would provide water to Delray Beach. Mr. Bressner explained these resolutions pertain to unincorporated areas that have postal addresses tied to zip codes outside of Boynton Beach. None of the properties are inside the City limits of Boynton Beach or share a Boynton Beach mailing address. Commissioner Ensler requested staff investigate changing the water district service area. He indicated the City could save significant amounts of potable water and potentially reduce the cost to the taxpayers of Boynton Beach by having the other locations put into different water districts. Mr. Bressner explained an interlocal agreement with Palm Beach County would be needed. He advised a population study is being conducted, and he requested data from the unincorporated areas be included in order to obtain an idea of what the City could expect in way of projections both in and outside the City limits. The study would also indicate what the projected growth both inside and outside the limits of properties currently served by Boynton Beach City Utilities would be. When the study is received back, determinations can be made. Commissioner Ensler expressed he would like to see this item as a Future Agenda Item. He further expressed water service be limited to the exteriors of Boynton Beach going west to Military Trail which is a potential annexation area and not go west of Military Trail. Mr. Bressner indicated the service area west of Military Trail is approximately 700 feet and goes to the North/South Lateral Canal. Anything west of that is served by Palm Beach County Utilities. Commissioner Ensler indicated some of the information he viewed shows the usage in that area as significant. Mr. Bressner announced the population study from Florida International University is due in about four weeks. This item will be placed on the agenda for the first meeting in June. A poliCY decision needs to be made whether the Commission wants to give up a portion of the utility service area to the County. The City Commission discussed the service charge rate. Mr. Bressner explained the City has never gone beyond the 25% service charge. He indicated the City could impose a surcharge up to 50% outside the City limits provided the rate study justifies legitimate expenses going to serve the needs of the unincorporated areas. There may be particular issues with the water delivery or sewer systems that require extraordinary costs. If those are documented in a rate study, the surcharge could be raised up to 50%. Commissioner Ensler explained there was a fairness issue and wanted to know how much money the City could save by redefining the water district and what effect would that have on the Capital Program. Commissioner McCray expressed his only concern was receiving the study back so he can review it for the hard-core data before he makes a decision and puts a date certain on it. 4 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17,2006 9. Proposed Resolution No. R06- RE: Approving the ratified addendums to the NCF&O Blue Collar collective bargaining agreement for Wages, Standby and Callback and Labor Management. Commissioner McCray thought a presentation and a time frame was in order to learn what was accomplished. He requested this item be pulled and indicated the item has been on the table for a while. Mr. Bressner indicated Human Resources could present the item. 10. Proposed Resolution No. R06- RE: Approving and Authorizing Execution of Amendment No. 1 Task Order No. U04-5-06, for engineering services provided by CH2M Hill for the design permitting and test well construction of a Floridan AqUifer well field, East Water Treatment Plant expansion, Stage 1 Project in the amount of $42,890.00. Commissioner Ensler had questions on Items C10 and C12, and asked if there would be competitive bids on them. Mr. Bressner responded they would not be going out for bids on the items. The Task Orders were provided for under the award to the engineering firms who were pre-elected engineering firms. He indicated he had questions on Item C10 as well. He thought staff could assume the workload for the grant, which comprises about $20,000 of the $42,000. Mayor Taylor read page 2 of the Item that explained there are no alternatives. Kofi Boateng, Utilities Director was present and agreed with Mayor Taylor there were no alternatives since the contract was pre-negotiated and these were issues that were not anticipated. There was further dialogue on the item. Mr. Bressner explained it was his understanding a final decision had not been made whether or not they will receive the grant. If the consultant has rewritten the grant, then it will be submitted, but if not, he suggested staff assume the task. The City Commission also thought the issue was not clear if the work by the consultant was done in conjunction with this task order for that third grant or whether it was historic information. Mayor Taylor's understanding was that an application for the Alternative Water Supply (AWS) was submitted to the SFWMD for the Floridian Aquifer Wells, and this resulted in the City being granted $500,000 under the State funded AWS Program. Mr. Boateng clarified it was historic information, but agreed there may be some issues regarding whether or not that grant is going to be made available to the City. Mr. Boateng will review the issue and report back. He also indicated he didn't see anything on the table or arising in the future that would not be anticipated at this juncture. 11. Proposed Resolution No. R06- RE: Approving and authorizing execution of the Tenth Amendment to the Tower Site Lease 5 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17, 2006 and Joint Use Agreement with Cingular Wireless and PBC Communications. Commissioner McCray asked for clarification on the tower. Mr. Hawkins responded this is an amendment to an existing tower lease at Rolling Green and is an amendment to allow Palm Beach County to work on the tower. Commissioner McCray asked since there are so many towers if the City Commission can specify where the towers will go. Mr. Hawkins responded they could but this was the main tower. 12. Proposed Resolution No. R06- RE: Approving and authorizing execution of Task Order No. 06-02-01 to CH2M Hill for architectural and engineering services for the reconstruction of the lifeguard towers at Oceanfront Park that were destroyed by Hurricane Wilma in the amount of $14,477. Commissioner McCray asked if this item would receive FEMA reimbursement. Ms. Rivers responded they are expecting both FEMA and insurance reimbursements. She did not have the exact costs available, but would bring them back to the Commission on Tuesday provided they were available. Ms. Rivers will further get the information to the City Clerk for the agenda caption. 14. Proposed Resolution No. R06- RE: Approving and authorizing execution of the Interlocal Agreement between the City of Delray Beach and City of Boynton Beach regarding the Maintenance of the Lake Drive Bridge. Commissioner McCray had questions on this item and asked if Delray Beach was holding up its part of the agreement. Mr. Bressner explained they would when they work out the swap. Delray Beach wants Boynton Beach to deannex a portion of the bridge. Boynton Beach would consent provided they work out an agreement with the City of Delray Beach to help share the maintenance of the bridge. By deannexing the property south of the bridge, the corporate limits of Delray Beach have been moved up. The Capital Improvements Plan, in 2007, calls for refurbishing the bridge and Boynton Beach notified Delray Beach of the City's intentions and there have been no issues. The bridge will be split and Boynton Beach will have the north side. IX. CITY MANAGER'S REPORT: B. Regulations on Improper Weapons Use Commissioner McCray asked if this would be a citywide regulation. Mr. Bressner explained there are existing local regulations and state statutes in place that would allow the City to prosecute. They would not need to establish new regulations for this. E. Review Mayor's request for a Community-Based Visioning Process 6 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17,2006 Commissioner McCray asked that information be provided to him prior to the next meeting. Mayor Taylor responded in 1996, upon his suggestion, the City undertook a visioning process regarding the direction the citizens wanted the City to move in over the next 10 years. Florida Atlantic University (FAU) was hired to facilitate the sessions and 100 people from all factions of the community gathered at Hutchinson Island. The Visioning Committee began the session on a Friday and left on Sunday with a plan in hand. Mayor Taylor thought it was a beneficial process. Since then, however, many things have changed and Mayor Taylor thought it would benefit the City to repeat the process. The citizens charted the course for the City and the City Commission steered the ship. Mr. Bressner will provide a copy of the position paper from FAU which outlined the process to Commissioner McCray. X. FUTURE AGENDA ITEMS: D. Increasing Community Investment Funds Commissioner Ensler requested a date be attached to this item. There was discussion whether to address the issue in conjunction with the budget. Commissioner Ensler thought it would be addressed prior to the budget so issues could be incorporated. Mr. Bressner indicated they could address it in May. XII. LEGAL: B. Ordinance - 1st Reading 1. Proposed Ordinance No 06- RE: Amending the Park and Recreation Facility Impact Fee regulations. Commissioner McCray requested an update from staff. Attorney Cherof explained they were trying to work out a process when there would be land in lieu of the Park and Recreation Impact Fees, whether to compel a developer to provide land, and when a developer wanted to provide land. The process would determine when this would go before the City Commission. The intent is to bring it to the Commission as early on in the process as possible. This would be done in conjunction with and prior to the staff review of any application for a site plan or master plan. Mr. Bressner reviewed the document and noted there were specific recommendations regarding impact fee adjustments. He asked if they would be in conjunction with this ordinance or the next short-term ordinance. He thought when the presentation is made, that it would be an action item that would come out of the Recreation Plan; there were some speCific recommendations in the document. Mr. Hawkins explained they must be careful that the changes being made can withstand legal muster. A consulting firm that helped put the original fees into place did a study. Any changes instituted must be done in the same manner. Final recommendations from staff will come before the City Commission around June and language regarding when the issue would come 7 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17, 2006 before the City Commission for a determination on land dedication or impact fees, would be contained in the Ordinance. Mike Rumpf, Director Planning and Zoning explained the issue goes before the City Commission as soon as they find out whether a project has enough acreage for a park. He hopes to have all of that happen before staff's second review, which is roughly a 30-day process. He explained the intent is to make the networking occur and have the Commission decision occur as soon as possible. Commissioner Ensler asked if we could use the Parks and Recreation Plan as a basis to proVide information to the applicants in advance of their completing their design work so they would know there is a consideration for land dedication. Attorney Cherof indicated the City would expect for developers to understand what is required in terms of dedications or impacts and the like. Some developers are more aware of the requirements than others and communications can be an issue. Quintus Greene, Development Director explained a pre-application meeting is always held with the potential developers. At that meeting, they provide them with the regulations, what the expectations and time frames are, and what issues are likely to arise. Until an application is actually filed, there is no project. What they tried to accomplish is, immediately upon the filing of the application, it would be brought to the Commission. Commissioner Ensler indicated the City would know whether or not the need was land or money. Mr. Rumpf explained they have information, the information is displayed and the information is distributed at the pre-application stage. Staff will know what sites in town are targeted and would recommend to the City Commission what they think would be necessary. Commissioner McCray wanted the process to remain as it with the policy decisions left to the City Commission. XIII. UNFINISHED BUSINESS: A. Continued Discussion of Adaptive Re-use of Golf Course and Landfill Parcels Mayor Taylor requested this item be placed on the agenda. He indicated he is not in favor of placing homes on landfills and there are some proposals out there to redo the golf course. There are a lot of positives to some of the proposals being brought forward. He explained the golf course could be enhanced and a revenue stream could be forthcoming. He believed staff should do a Request for Proposal (RFP) and see what comes back to them. Commissioner McCray would like to see a carcinogenic study built into the RFP. Commissioner Ensler asked when the landfill would return to the County or under what conditions it reverts back to the County. Mr. Bressner explained there is a Reverter Clause, which indicates if the City chooses to release the property, it goes back to the County. The deed is pretty broad and speCifies the land is used for public purpose. He did not know what potential adaptive re-uses there could be. The permit for the landfill is scheduled to expire in 2012. Once the permit expires, for permitting 8 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida March, 17, 2006 purposes, the City will have monitored the property in accordance with the regulations but there would still be restrictions on the use of the property. On another matter, Commissioner Ensler received a call from Debby Coles-Dobay, Chairman of the Arts Commission expressing concern about the hiring of an Administrator for the Art Program. Mr. Bressner explained he would need to determine if there is a revenue stream to pay for the position. To his knowledge, there are no monies being received in terms of eligible development. Once he receives an indication that there will be revenues coming in to pay for the position, he can advertise. He cannot authorize hiring a position at this time. Commissioner Ensler explained Debby Coles-Dobay is doing all of the work. Mr. Hawkins explained some work has been done by Ms. Coles-Dobay, some by Ms. Dennison and now he will be doing some of the work. They will take a look at the process and will report back to him how the whole process will proceed. Commissioner Ensler requested the City Commission receive an indication of when the revenue stream will be available or whether there will be enough revenue stream to support an individual. Mr. Hawkins responded they will be discussing that and can give an indication to the City Manager in about a week. Commissioner Ensler had some detailed questions about the Recreational Plan. Mr. Bressner and Commissioner Ensler will discuss those issues at a separate meeting on Tuesday morning. XIV. ADJOURNMENT: There was no further business. Meeting adjourned at 10:58 p.m. /"0_ , ~ u--/! :c:{ ~/ {J - " Clerk I /?/ '{irm JJJ/X-Q (!N~-4jJ)jJWYW1/Yl Recording Secreta (032006) CITY OF BOYNTON BEACH rJy, ,---_...., , // ':tJ.."" . 1/1~l:rl- yor" .., _ 1- · ~",--'4?'/._..~' '.-/',' r. " ,,""_.i" ~ ','~""-:'~..."'" l ( '~..<; ~f VI~e M '/ ( ,~ ATTEST: k;issioner ~ C~#~ Commissioner 9