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Minutes 04-07-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, APRIL 7, 2009 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney Ronald Weiland, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner Absent: Jose Rodriguez, Commissioner I.OPENINGS: A.Call to Order – Mayor Jerry Taylor B.Invocation by Rev. Nancy Norman, Unity of Delray Beach C.Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez Mayor Taylor called the meeting to order at 6:31 p.m. Rev. Norman offered the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Taylor in the absence of Vice Mayor Rodriguez. Selection of Vice Mayor per Section 2-1.2 of City Code Administration of Oath of Office to Vice Mayor Mayor Taylor opened the floor for any nominations for Vice Mayor. Commissioner Weiland commented each member should be given the opportunity to be Vice Mayor as he and Commissioner Rodriguez had done. He nominated Commissioner Woodrow Hay for Vice Mayor. Commissioner Ross seconded the nomination. There being no further nominations, Mayor Taylor closed the nominations. The nomination passed unanimously. Mayor Taylor congratulated Vice Mayor Hay. City Clerk Prainito administered the Oath of Office to Woodrow L. Hay as Vice Mayor. D. Agenda Approval: 1. Additions, Deletions, Corrections 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Taylor noted there was a request to table some items. Mr. Bressner advised there was a request by Commissioner Rodriguez, who was unable to attend, that Items IX. C, E and F be tabled. Mayor Taylor explained Commissioner Rodriguez was in Orlando with his son. Commissioner Ross commented she had hoped the budget discussions would move forward. Commissioner Weiland preferred to table the matter until all Commission members could be present. Mayor Taylor agreed if the matter affected the entire City the option was usually given to have the entire Board present. Vice Mayor Hay recalled items had been tabled due to his absence. Motion Commissioner Weiland moved to table Items IX. C, E and F. Vice Mayor Hay seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross congratulated Bethesda Hospital for celebrating their 50 year anniversary. She also acknowledged the Boynton Beach Regional Symphony Orchestra, Barry and Felicia Volkman, the founders, and the late Vice Mayor Bob Ensler who helped support their efforts. The orchestra would not be returning for the fifth season due to the downturn in the economy. Mayor Taylor announced he had attended the Civilians On Patrol (COP) picnic sponsored by the Police Department for the volunteers who donate their time to patrol the streets at night. He also attended the Sand Sifters beach clean up where 150 to 200 volunteers, including children, assisted in cleaning the beaches. The Ocean Ridge Mayor, County Commissioner Jeff Koons and a representative from the Governor’s office were present also with the support of the Recreation and Parks Department. Vice Mayor Hay commended the Police Department for their quick response to an incident in the northwest area. The residents were pleased with both the response and the ultimate resolution of the issue. Commissioner Ross thanked Liz Roehrich and the Animal Care and Control Division of the Police Department for recent arrests under the new Ordinance for the manner of keeping animals, especially dogs. 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: 1. Friday, April 17, 2009 -- FREE concert at Oceanfront Park located at 6415 N. Ocean Blvd. featuring music by WildFire from 6 p.m. to 9 p.m. Food and drink vendors will be available. Parking onsite or park and ride the free shuttle from Bank of America. Kathy Biscuiti, Special Events Director, announced two events. First, the third in the series of th Oceanfront Park concerts on April 17 with the band WildFire featuring calypso, reggae and th general island music. Also, on April 26, in Intracoastal Park, at 7:30 p.m., would be the free screening of the Grammy Award-winning film Mamma Mia! sponsored by the Palm Beach International Film Festival and the Boynton Beach Community Redevelopment Agency. C. Presentations: 1. Proclamations a. Fair Housing Month – April 2009 Octavia Sherrod, Community Improvement Manager, was presented with the Proclamation for Fair Housing Month, April, 2009 after being read by Mayor Taylor. b. Water Conservation Month – April 2009 Mayor Taylor read and presented to Kofi Boateng, Director of Utilities, the Proclamation for Water Conservation Month, April 2009. c. MDA Firefighters Appreciation Month -- April 2009 Chief William Bingham accepted the Proclamation for April, 2009 as MDA Firefighters Appreciation Month. Mayor Taylor further commented the firefighters collect funds on their own time in the heat of day, rain or shine, for the “fill the boot” drive. Elyse Cawley, Program Coordinator, thanked Local 1891 for their hard work and dedication. The goal for 2009 was $41,000 and over $15,000 was collected during the spring boot drive. The monies collected were used in Palm Beach County. Certificates of appreciation were presented to Chief Bingham, Audrey Girardi and the Commission. Chief Bingham acknowledged Brandy Miller, Director, and Ms. Girardi as the MDA Coordinator for an excellent job. Lorinda and Jacob, recipients of assistance, were present with their families. Adam Turey, Firefighter, thanked the Commission and City Manager for actually participating in the collection efforts. 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ d. Library Appreciation Month – April 2009 National Library Week – April 12-18, 2009 Craig Clark, Library Director, was present to accept the proclamation designating April 2009 as Library Appreciation Month and April 12 – 18 as National Library Week. Mayor Taylor encouraged everyone to visit the new Library. Mr. Clark thanked the Commission and the residents for their continued support. He announced free computer classes for the public would be starting in May along with many other scheduled events. 2. Presentations a. Presentation of certificates to the State Champion Lake Worth Christian School Girls’ Basketball Team Mayor Taylor presented certificates recognizing the Lake Worth Christian School Girls’ Basketball Team and the coaches, for becoming the 2009 State Champions. It was the first Championship in the school’s 50 year history. City lapel pins were given to each of the recipients. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Horne, 1 Colonial Club Drive, read a letter that is attached to the minutes relating her concerns. She alleged a break in the sewer line along the Intracoastal Waterway had polluted the waters by her home and she had experienced serious medical symptoms since the break. Ms. Horne requested the protocol for maintaining the pipes, the cleanup that was done and any future plans to fix the pipe. Mark Karageorge, 240A Main Blvd., announced the Great American Cleanup would be held April 18, 2009 from 8 a.m. to noon and volunteers were needed. Victor Norfus, 261 N. Palm Drive, submitted a petition for improving neighborhood safety with such things as speed bumps, caution signs or stop signs and organizing an association. He asked the Commission to support the group and their efforts. Herb Suss, 1711 Woodfern Drive, contended items on the agenda should not have been tabled because one Commissioner was unable to attend. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Appointment Length of Term To Be Made Board Expiration Date IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 Tabled (2) IV Ross Cemetery Board Alt 1 yr term to 12/09 Tabled (3) III Rodriguez Code Compliance Board Alt 1 yr term to 12/09 Tabled (3) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2) III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (2) IV Ross Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2) Motion Commissioner Ross moved to table all the appointments. Commissioner Weiland seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for “Consent Agenda” approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission – March 17, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Approve a piggy-back of Palm Beach County’s Bid #08-051/MM to REP Services, Inc. of Longwood, FL acting as the manufacturer’s representative for DuMor Site Furnishings located in Mifflingtown, PA, to purchase park furniture for Intracoastal Park in the amount of $95,001. 2. Approve a contract award to TDI INTERNATIONAL, INC., d/b/a TDI GOLF of Stuart, FL, Bid #035-2910-09/CJD “Championship and Practice Putting Greens Resurfacing Project at the Links at Boynton Beach” in the amount of $180,646.61 plus a 10% contingency of $18,064.66 for a total expenditure of $198,711.27. (Proposed Resolution No. R09-055) 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ 3. Award the Bid #040-1412-09/JA for the “ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES” to various vendors with an estimated expenditure of $155,000. C. Resolutions 1. Proposed Resolution No. R09-056 RE: Approving the recommendation of the Cemetery Board regarding the sale of urn vaults for Boynton Beach Memorial Park and vases for niches and crypts at Boynton Beach Mausoleum. Vice Mayor Hay pulled Item VI.C.1 for discussion. 2. Proposed Resolution No. R09-057 RE: Approving a consultant agreement with The Waters Pelton Organization, Inc. of West Palm Beach, FL for “THE FORMATION OF A 501(C)(3) NOT-FOR-PROFIT ORGANIZATION AND RELATED SERVICES FOR THE CITY OF BOYNTON BEACH” RFP #021-1210-09/CJD in the amount of $72,250. 3. Proposed Resolution No. R09-058 RE: Approving the assessment of costs of nuisance abatement on properties within the City of Boynton Beach. 4. Proposed Resolution No. R09-59 RE: Approving the adoption of the use of CRALLS funds in the amount of $100,000 as a subsidy for the Community Redevelopment Agency project known as Ocean Breeze. This is an amendment to Resolution R07-080. Vice Mayor Hay pulled Item VI.C.4 for discussion. D. Accept a financial summary of the 2009 Heritage Celebration that was held on Saturday, February 21, 2009 in the Heart of Boynton on MLK Blvd. E. Approve the use of $2,000 from Commissioner Ross’s Community Investment Funds and $2,000 from Commissioner Hay’s Community Investment Funds to assist the Heart of Boynton Community Association with costs incurred for the Heritage Awareness Celebration, which was held Saturday, February 21, 2009. F. Accept the monthly status report on all Recreation & Parks CIP projects. G. Approve the purchase of two Ford Focus automobiles at the price of $14,108 each for use by the Department’s Citizens On Patrol Program (COP) with the funds coming from the Police Department’s Law Enforcement Trust Fund. H. Approve donation to the Boy Scouts of America, Gulf Stream Council in the amount of $5,000 from the Police Department’s Law Enforcement Trust Fund. 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ I. Authorize the use of $1,000 from Mayor Taylor’s Community Investment Funds to assist Bethesda Memorial Hospital in celebrating Bethesda Healthcare System Nurses Week May 3 – 9, 2009. Commissioner Weiland requested to add $2,500 of his Community Investment Funds to the agenda item. Motion Commissioner Ross moved to approve the Consent Agenda and the addition to Item I, with the exception of Items C.1. and C.4. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.C.1 Proposed Resolution No. R09-056 RE: Approving the recommendation of the Cemetery Board regarding the sale of urn vaults for Boynton Beach Memorial Park and vases for niches and crypts at Boynton Beach Mausoleum. Vice Mayor Hay indicated he had received complaints that the Boynton Memorial Park was not being well kept. He wanted assurances that at least a portion of the proposed increases would be allocated to maintenance. Jody Rivers, Parks Superintendant, advised the revenues would be added to the cemetery perpetual fund and would go toward maintenance. She did explain reclaimed water would be available soon and a noticeable change would be evident. Watering was an issue. Mr. Bressner added the Cemetery Board had authorized new sod for the entire Cemetery. Motion Vice Mayor Hay moved to approve Proposed Resolution No. R09-056. Commissioner Ross seconded the motion. The motion passed unanimously. VI.C.4. Proposed Resolution No. R09-59 RE: Approving the adoption of the use of CRALLS funds in the amount of $100,000 as a subsidy for the Community Redevelopment Agency project known as Ocean Breeze. This is an amendment to Resolution R07-080. Vice Mayor Hay yielded to the City Manager. Mr. Bressner indicated the matter was being returned to the Commission from a 2007 action relating to the use of the CRALLS funds. The original resolution outlined the funds could be allocated to the Community Redevelopment Agency and used for homeowner assistance activities. It could be used to bridge financing to meet the individual test for homeownership. The Agency proposed using the funds for site work for the Ocean Breeze development. Mr. Bressner recommended approval. The Ocean Breeze project would replace the Boynton Terrace apartment complex. 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Mayor Taylor advised any disbursement of the funds would have to be approved by the Community Redevelopment Agency Board. He did feel site work should be done at the developer’s expense and the funds should be allocated to the homeowners. Motion Vice Mayor Hay moved to approve Proposed Resolution No. R09-059. Commissioner Hay seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None 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. Approve the amendment of section 26-9 of the City’s Code governing rates for potable water and wastewater charges, which will implement a revised rate st structure commencing May 1, 2009. (1 Reading Proposed Ordinance No. 09-019) Attorney Cherof read Proposed Ordinance No. 09-019 by title only on first reading. Mayor Taylor opened the issue for public hearing. Ken Lassiter, First Vice President of COWBRA (Coalition of West Boynton Residential Associations), reminded the Commission that the western neighborhoods are impacted because they receive water from the City of Boynton Beach. Foreclosures are hurting the associations and residents, many that are retired, as well as families. The increase would impact those western communities too. Warren Timm, resident, requested further explanation. Louis Munoz, Consultant with CH2MHill, reviewed the current situation that included cutting usage by the South Florida Water Management District plus a decline in the growth rate and financial crisis resulting in revenue reductions. The projected shortfall for 2009 is $6.1 million and the revenues would not meet the minimum debt coverage without a rate adjustment. There have been no payments to the renewal and replacement fund for 2008 or 2009. Capital improvement plans have been deferred 20% until after 2013. The proposed rate adjustments will be effective for the remainder of 2009 and all of 2010 to guarantee the utility requirements will be fully funded. 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ The proposed adjustments would be allocated 75% to the base and 25% to commodity or volume. Fixed costs consume 72% of the expense and 28% commodities. In comparison to the rates of other municipalities, Boynton Beach remains in the middle. Mr. Bressner cautioned in the Utility Fund there remains a deficit of operating over revenues. The Commission had directed that the rate reflect the actual expense to produce the water and the reasons for the 75% and 25% allocation. Mayor Taylor stressed the debt requirements had to be met and several capital improvement projects deferred. Victoria Castello, 406 S. Seacrest, questioned if master meters were utilized, was the inequities to the individual users considered. Pete Mazzella, Deputy Director or Utilities, replied the rate per unit remains the same and the total usage is divided by the number of units. th Jack Berube, 1102 NW 8 Street, inquired why the budget could not be balanced without an increase. Mayor Taylor explained there was not sufficient revenue from the water provided to cover the operating costs. The State dictated the water restrictions. Mr. Bressner explained there are various funds and dollars cannot be comingled with one big treasury. Each fund has its own revenue and expenses to balance, along with a reserve and maintenance of the debt coverage. Cutting expenses only will not balance the budget for the Utility Fund. Victor Norfus, 261 N. Palm Drive, suggested cisterns be used to capture water for re-use. Commissioner Ross advised the green task force has had demonstrations on the use of cisterns and the concept is being outlined with the Community Alliance that is being formed. It will also be featured during Earth Week. Herb Suss, 1711 Woodfern, clarified the golf course was self-sustaining. Expenses are met with the fees charged. Mr. Bressner noted certain aspects were not holding their own and would have to be adjusted. Mr. Suss contended this item should have been tabled until a full Board was present. Mayor Taylor closed the public hearing. Commissioner Ross advised she had received a message from a constituent that was upset about the proposed hike. The caller suggested the trolley system be eliminated instead of increasing rates. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-019 on first reading. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ IX. CITY MANAGER’S REPORT: A. Analysis of Revenues and Expenditures for General and Utility Fund – Five Months Ending February 28, 2009; 42% of the fiscal year. Mr. Bressner recalled the analysis had actually been presented at the last meeting. There was no discussion. B. Potential use of the old bait shop building at Boat Club Park. Mr. Majors indicated his Department had been approached by Richard Brochu of the Florida Fishing Academy, a local non-profit that promotes fishing among youth. There was an opportunity to utilize the old bait shop in Boat Club Park as it had originally been designed. It had been leased from the 1980s through the 1990s, until it was no longer profitable for the lessee. It is currently used for storage and office space for the parking attendants collecting fees at the facility on holidays and weekends. The group is involved with after school programs and the Youth Violence Prevention Program. The potential use is a bait shop staffed by the non-profit organization. The proceeds would be used to benefit the Fishing Academy. Another option would be to run the bait shop as a for-profit organization with the collection of a monthly lease. It could also continue to be used for storage and a safe location for the parking attendants. Richard Brochu of the Florida Fishing Academy, stressed that any monies gained would go back into programming for Boynton Beach. It would be a place for kids to come to get free bait and a rod and reel loan program. He would be willing to share the building. His intent was to develop programming for the City. Program fees could be offset at approximately $15 a square foot. The Fishing Academy is participating in programs in Poinciana Elementary and Galaxy Elementary and at the Sims Center. Any Title 1 school is entitled to the programming for free. Most of the parking attendant work is done outside collecting fees. It does provide some shelter and safety. Mr. Brochu was willing to share space and even assist in collecting fees. The maintenance of the building would be assumed by Mr. Brochu as well as any preparation expense. The current annual personnel expense would be approximately $25,000. Mr. Brochu added his area of involvement with the YVPP is now limited and the bait shop would allow him to widen his area to greater Boynton Beach with classes. All revenue would remain within the City of Boynton Beach. Attorney Cherof advised there were no legal impediments to the proposal. The logistics and details would need to be fully evaluated. Motion Commissioner Ross moved to have staff negotiate a lease with Florida Fishing Academy. Commissioner Weiland seconded the motion. The motion passed unanimously. C. Accept the “Ocean Avenue Interstate 95 Project Alternate Access Route Study” report as prepared by the consultant, Stanley Consultants, Inc. (Tabled on March 17, 2009) 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ (This item was previously tabled.) D. Authorize the adoption of policy and procedures to implement the City’s Community Development Block Grant Neighborhood Stabilization Program (NSP). (Proposed Resolution R09-060) Mr. Bressner reported $2.9 million was received for the program and the Resolution indicates the seven criteria to be utilized under the program. An employee preference program was not approved by HUD (Housing and Urban Development). It must be an equal program for all residents. The only time limitation was that the money had to be spent within three years. Motion Vice Mayor Hay moved to move forward with the program and approve Proposed Resolution No. R09-060. Commissioner Ross seconded the motion. The motion passed unanimously. E. Continued Preliminary Budget Discussion - Action Items. (This item was previously tabled.) F. Review of RFP for City Hall - Police Facility (This item was previously tabled.) G. Approve piggyback of the Boynton Beach Community Redevelopment Agency agreements for the design and professional services with Kimley-Horn and Associates,Inc. and the general contracting/construction management/consulting agreement with Burkhardt Construction Inc. for the Seacrest Boulevard Federal Stimulus Funding Project. Mr. Bressner noted time was a factor because the project needs to be underway in June, 2009. A standard design, bid, construct methodology would be impossible to meet the timelines. The Community Redevelopment Agency has existing contracts with Kimley-Horn Association for design services and Burkhardt Construction, Inc. The funding is administered through the Florida Department of Transportation (FDOT) who would have to approve the project. The project had been divided into two phases and no narrowing of Seacrest Boulevard was contemplated. The first phase was for new curbing, some gutters, wider sidewalks, landscape and irrigation in the median, new street lights, some bulb replacement from the C-16 canal to Boynton Beach Boulevard. The funding offered is $1.9 million. Mr. Bressner further explained some of the political aspects that have emerged between federal and state regulations. Vice Mayor Hay noted Seacrest is actually a County road. Vivian Brooks, Assistant Director of the CRA, indicated County approval would be required and it is part of the Kimley-Horn contract. The City Engineering Department would also have to approve the plan. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Motion Commissioner Ross moved to approve the piggyback of the Boynton Beach Community Redevelopment Agency agreement for the Seacrest Boulevard Federal Stimulus Funding Project. Vice Mayor Hay seconded the motion. Mr. Bressner requested the motion include Kimley-Horn and Associates and Burkhardt Construction Inc. specifically. Both Commissioner Ross and Vice Mayor Hay agreed to the amendment. The motion passed unanimously. H. Authorize City Manager to sign tax credit application on behalf of Auburn Group for development of Boynton Bay Tower I Proposal for construction of 110 units of age restricted apartments. (Proposed Resolution No. R09-061) Mr. Bressner indicated the Boynton Bay project is a successful project that has existed for many years and is undergoing a complete renovation. In 2008 Auburn Group received approval for rezoning and site plan approval for two towers. The tax credit is for only Tower I and it requires authorization from the City. Motion Vice Mayor Hay moved to approve Proposed Resolution No. R09-061. Commissioner Weiland seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: th A. Award bid for Southeast 4 Street Water Main, Storm Water and Roadway Improvement Project – April 21, 2009 B. Adopting the National Incident Management System (NIMS) for Homeland Security Presidential Directive HSPD-5 to provide for domestic incident management. – April 21, 2009 C. Proposed Code amendments relating to reclaimed water – April 21, 2009 D. Discussion regarding Energy Efficiency and Conservation Block Grant – April 21, 2009 E. Options for Hurricane Protection Project for 1913 Schoolhouse Children’s Museum (Deferred pending future grant opportunities) F. Report on cost sharing options for take-home vehicles (In conjunction with continued budget discussions) 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ XI. NEW BUSINESS: None XII. LEGAL: nd A. Ordinances - 2 Reading - Development - PUBLIC HEARING None nd B. Ordinances - 2 Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-018 RE: Approving the amendments to the City of Boynton Beach’s Personnel Policy Manual (PPM), Section IV. Benefits, 07. Family and Medical Leave Act (FMLA) Attorney Cherof read Proposed Ordinance No. 09-018 by title only on first reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-018. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. st C. Ordinances - 1 Reading 1. Proposed Ordinance No. 09-020 RE: Approving the amendment to the Code of Ordinances, Section 16-82, increasing annual resident beach parking permits from $30 to $40, improving administrative clarity and eliminating unnecessary language. Attorney Cherof read Proposed Ordinance No. 09-020 by title only on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Commissioner Weiland confirmed that non-residents were offered a seasonal pass for $90. 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Motion Commissioner Weiland moved to approve Proposed Ordinance No. 09-020. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 09-021 RE: Approving the amendment to the Investment Policy for the Boynton Beach Police Officers’ Pension Fund. Attorney Cherof read Proposed Ordinance No. 09-021 by title only on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-021. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. D. Resolutions: None E. Other: 1. Authorize the City Attorney’s Office to file a lawsuit to foreclose on Code Enforcement Liens totaling, $279,619.74 as of April 7, 2009, held by the City on real property owned by Ralph & Rosie, Inc. located at 2007 South Federal Highway. Motion Commissioner Weiland moved to approve Item XII.E.1. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Reconsideration of a method of procuring automated “red light cameras” for traffic enforcement purposes at selected intersections, requested by Commissioner Ross. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Motion Commissioner Ross moved for reconsideration. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof declared the original agenda item was before the Commission for consideration. Greg Parks, American Traffic Solution (ATS), Scottsdale, AZ commended the City for moving forward with a red light program. It is an important public safety initiative. His company operates programs in New York City, Philadelphia, Washington, D.C., St. Louis and has 18 of the 23 RFPs in the State of Florida. An additional 16 have been awarded by piggybacks. In the area, Pembroke Pines, Hialeah, Coral Gables, Palm Beach County, Haverhill, Royal Palm Beach, Palm Springs and West Palm Beach have utilized ATS. There is no capital investment with the system. The piggyback would save staff time, legal advertisement expenses and could be operational in 45-60 days. There are several contracts that could be utilized with varying percentages of return to the City that could be negotiated. Mayor Taylor understood the State was considering the program also and if they took it over the City would lose the revenue source. An existing contract would ensure the revenue remains with the City until the end of the contract terms. Mr. Parks reported the legislation is changing and the grandfather clause hopefully will be added. Mr. Bressner predicted some revenue sharing would result, but any right-of-way issues would be resolved. Commissioner Weiland inquired about the collection procedure and the consequences for non- payment. Mr. Parks replied the collection procedure varies between paying online and requesting a hearing. The consequence would be determined by the local ordinance and the new legislation has plate renewal remedies. Mayor Taylor was assured a cancellation clause would be negotiated for any long term contract. Commissioner Ross thanked Mr. Parks for his participation and noted ATS had an impressive background. Clifford Wright, Wright Communication Technology, represented Redflex Traffic Systems, the largest company in the world. He corrected previous remarks that Redflex had contracts with Aventura and Pembroke Pines. Mr. Wright stressed that residents of the City of Boynton Beach would be employed to stimulate the economy. He strongly suggested the RFP process be allowed to continue. Mr. Wright claimed he had been informed the RFP was suspended. Vice Mayor Hay suggested the RFP process be continued due to the confusion on the status. Commissioner Ross noted it would cost $20,000 to go forward with the RFP and the piggyback would save those expenses. Commissioner Weiland felt it should be open to the RFP process. Mr. Parks confirmed ATS had the contracts for both Aventura and Pembroke Pines and would also use local contractors. He stressed that the other companies are foreign enterprises while ATS was an American company. Mr. Parks’ intent was to present a solution in the best interest of the City of Boynton Beach. 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Anton Ciota, with Traffipax in Linthicum, Maryland agreed with both his competitors on the issue of safety and advantageous to the City. He suggested the RFP process continue and when the vendor is selected, then piggyback off another existing contract rather than using a single source. Attorney Cherof explained the piggyback process when another contract is found, the City substitutes their procedures for competitive review and adopts them. The agenda sheets usually contain a clause that the research has been done to determine that the other City or County has followed the proper procedures for public bidding. Mr. Bressner added there is a cost associated with the RFP including preparing the documentation, review process and selection recommendation to the Commission. Mr. Ciota noted the rate of return to the City is negotiated with each contract and has to be balanced with the existing process that is due April th 15. His company also used local workers to manage the violation processing portion. th Mayor Taylor declared there was consensus to wait for the April 15 RFP due date. Harvey Oyer, counsel for ATS, was frustrated with the delay in the process, having proposed the idea to the City of Boynton Beach more than nine months ago. He stressed ATS has won 24 of 28 programs in the State of Florida. ATS would be hiring local people also for the installation of the equipment as with all bidders. Palm Beach County utilized a very fair, transparent process and chose ATS by doing a piggyback on the City of Aventura. He further pointed out Redflex does not have a contract in the entire State of Florida and is based in Australia. The Chief Executive Officer of Redflex has voiced his opinion that the Florida programs are illegal. Traffipax has one contract in Florida and is based in Germany. American Traffic Systems is an American based company with its headquarters in Scottsdale, Arizona. Commissioner Ross shared the frustration of Mr. Oyer. Mr. Bressner had faith in the RFP process and had proceeded based on the direction of the Commission. Commissioner Ross indicated she had hoped to avoid the RFP process; however, staff had already commenced the documentation. Mayor Taylor wanted to deal with an American company and preferred to get the project installed to reap the revenues as soon as possible. He favored the piggyback. Attorney Cherof confirmed, based on Internet information, that Pembroke Pines has a contract with ATS and the Redflex website indicates they have no contracts within the State of Florida. Commissioner Ross agreed with Mayor Taylor that a positive decision needed to be made on behalf of the City to produce revenues as soon as possible with an excellent program. th Vice Mayor Hay opined the RFP should run its course with the April 15 date as did Commissioner Weiland. Motion th Vice Mayor Hay moved to proceed with the April 15 date of the RFP. Commissioner Weiland seconded the motion. The motion failed 2-2. (Mayor Taylor and Commissioner Ross dissenting) 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Motion Commissioner Ross moved to move forward with approving vendor ATS for the red light camera program. Mayor Taylor passed the gavel and seconded the motion. The motion failed 2-2. (Vice Mayor Hay and Commissioner Weiland dissenting) Attorney Cherof advised with the inability to pass a motion disposing of the agenda item, it should be rolled over to the next agenda. Mr. Bressner clarified the RFP would be suspended pending discussion and notification should be sent to the vendors that the RFP is suspended until after the next Commission meeting on April 21, 2009. Attorney Cherof concurred. 3. Award the “THREE YEAR LEASE FOR CONCESSION OPERATIONS AT BOYNTON BEACH, OCEANFRONT PARK, LOCATED AT 6415 N. OCEAN BOULEVARD, OCEAN RIDGE, FL”, RFQ #015-2710-09/JA TO B & J CATERING INC. OF DELRAY BEACH, FL. Lease payments provided to the City of Boynton Beach in the amount of $500 per month. (Proposed Resolution No. R09-031) - Review of Bid Protest filed by Ultimate Catering LLC Attorney Cherof explained a bid protest was timely filed by Ultimate Catering. The City Attorney’s office reviewed the protest, coordinated with the Purchasing Agent and worked with the City Manager’s office to determine if any technical deficiencies existed in the bid process. On March 24, 2009 a letter was sent to the bid protestor advising Ultimate Catering that no deficiencies were found. An appeal was then taken to the City Commission. Lauren Toroczik, Ultimate Catering, contended the bid that commenced in May, 2008 for a three year contract was later cancelled. It was suggested the Oceanfront Park concession and the Library Café should be in the same bid. A dual bid has never been posted. A short term agreement for three months was signed by James Guilbart for the beach concession with no advertisement or bid and the agreement did not contain a company name. Four companies that had submitted bids were willing to provide the same service. She alleged Mr. Guilbart got the contract with no advertisement and no references. In December 2008 a second RFP was issued for only the beach location and Mr. Guilbart submitted a bid under Ellie’s Catering Company. The contract was awarded to James Guilbart but the name was changed from Ellie’s Catering to B & J’s Catering even though everything on the proposal referred to Ellie’s Catering. Ms. Toroczik suggested the proposal had been fabricated and was invalid. The contract was awarded without an evaluation committee and the tabulation sheet obtained did not have any signatures. It was her contention the proposal submitted contained false information and it offered the lowest monthly commission fee to the City. Ms. Toroczik alleged B & J Catering did not submit references and if only one response to the bid was received, the City was obligated to re-bid the service to get the best possible deal. Ultimate Catering LLC did not receive any information regarding the Library. Ms. Toroczik maintained the first RFP should not have been cancelled when four qualified vendors had responded. 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 _____________________________________________________________________________ Mr. Majors pointed out there was an RFP process for the long-term contract for the concession at the beach. Mr. Livergood explained an RFQ had been used to select a vendor to negotiate the lease and the design for the Library Café. Attorney Cherof noted the Library was not a part of the bid protest. Mr. Majors added requests were faxed to various vendors for the short term lease, which was for three months, to maintain service to the beach patrons. Attorney Cherof advised the short term lease did contain a seven day cancellation clause. He reiterated there were no technical deficiencies in the manner which the City staff conducted the bid process from announcement of the bid, evaluation of the bid, confirmation of the background checks on the bid and the recommendation to the Commission to award the bid. Attorney Cherof had reviewed the issues raised by the bid protestor and staff responded on all issues. Their answers were consistent with the bid process and with the documentation. Ms. Toroczik emphasized that James Guilbart had nothing to do with Ellie’s Catering and all the information and references related to Ellie’s Catering. Attorney Cherof noted there was nothing illegal with two companies sharing the same address or telephone number. Ms. Toroczik asserted the papers submitted by B & J had been forged and contained false information. She alleged B & J did not have references in their proposal as indicated on the tabulation sheet. Mayor Taylor noted the references were listed in the documentation. Mr. Majors indicated the references for Ultimate Catering were either non-responsive or negative experiences with the vendor. Vice Mayor Hay and Commissioners Ross and Weiland wanted further clarification and information on the possible conflict of interest between B & J Catering and Ellie’s Catering. Motion Vice Mayor Hay moved to table the matter. The motion passed 3-1. (Mayor Taylor dissenting) XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:32 p.m. (Continued on next page) 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 7, 2009 ATTEST: l CITY OF BOYNTON BEACH ,~."...~ 19 ~ ( CEANF I te-n-e- e r t ONT - -h -~i~-~ ~: Bo~ton Beach OcEANFRONT CONCERT SERIES Bring the Entire Family... FREE CONCERTS Oceanfront Park - 6415 N. Ocean Blvd. On AlA, just North of Ocean Avenue bridge. Park on site, or ride the free shuttle - park at Bank of America on the corner of East Ocean Avenue and Federal Highway. Shuttle runs from 5:30 PM to 9:30 PM. Bring your folding chairs and prepare to dance the night away! Food & Drink vendors available. Please leave pets at home! For Information call: 561-742-6246 or 737-3256 www.boyntonbeachcra.com "!IIRY~!relRA ill East Side-West Side-Seaside Renaissance . The Pall 11 Bt\ 1eh Post Pel'1lh ,'( ) "t I ,1'1 ~~~ ~~ ~~~qY~T2~ICRA . East Side-West S"lde-Seas"lde Renaissance If) Petition for Improving Neighborhood Safety We the residents would like to address the issue of safety on our streets. We would like a speed bump caution sign or stop sign placed on the following streets. Address 1/- Phone (optional) I . f"f') tl. i, " r , ! , ~ ~I 7 I ~'f1/ u/,(--'-u I ( -. f.( , . '- .--- ~/ ,. '- ...., -", / .~ (. '''" .I'" ,J /" t: {c 1'..... t./,b I /'\:.. "" i Ql?tYfA /, ~ Gk-{- .J /J;} I!J, 1 '// fN(I\\J< If;; I {d (\ f,) v".)) ,,-- ~ 4/7/09 To the City of Boynton Beach, My name is Susan Jean Horne, I live at 1 Colonial Club Boynton Beach FL .In the month of January 2009, I became very ill, I had a fever for 5 days, and was so ill could not get out of bed, I had also developed a rash on my arm, severe cough, from irritation in my throat and lungs. I went to a clinic on 1/29/09 my mother toke me who had been helping take care of me when the fever was so severe. They prescribed a few prescriptions. The fever went & the rash on my arm, but all other condition did not get better. I went back to clinic several times had blood work & chest x-ray. No sign of any disease. Still haven upper repertory problems My reason for sharing this information with you is on January 22, 2009 the health department closed the beaches because of fecal in the ocean, and found it was coming from the St. Andrews sewage pump station the pipe in the intra coastal that comes directly across to where I live, They had no idea how long thousands of gallons of raw sewage had been going in the intra coastal. Also it broke again in March same location, but did not close the beaches, or notify the Public of thousands of gallons of fecal in the intra coastal. I fish in the intra coastal right where I live and did in January before I got sick, I had no idea a sewage pipe was there. I have lived at this address since February 12, 2002 and have never seen anyone in the water diving checking the pipe or water level for bacteria. It was a grounds worker for St. Andrews who saw the water bubbling from the pipe in the water. The only way the city knows there is a problem is if there is a overflow at the lift station, not if the pipe is broken would they have any notification, unless they did routine inspection of the pipe, and testing the Intra costal water. The Health department only does routine test of the ocean. This pipe is over 25 years old, there is a great deal of fishing, wave runner, and other water contact, especially at the Jaycee park where there is plan in future for a Board walk in the water encourage fishing in that location. This is a serious problem, and even if you plan a new pipe or not the City need to do the proper routine Inspection, in addition the public need to be informed of the high level of dangerous bacteria in the water. I would like to know the cities protocol for maintaining the sewage line in the Intracoastal. Also I would like to know how you did the clean-up, especially around the waterway at the Jaycee Park. You sent me forms to fill out placing a claim that this accident was solely the reason for my health problem. Any Doctor and the Health department who I did speak to Mr. O'Connor knows there is no test to show you are having a reaction to fecal matter, nor did he have any idea what I could do that would help me feel better. But here is what I do know there was a major change in my natural environment and the body can have a reaction. My Bills have been several hundred dollars so far, my health is priceless, and so is anyone else's who is getting ill because of raw sewage in the Intra-coastal and ocean. I would like to know of what plans the city have to fix this problem. Please address my questions. Sincerely, Susan Horne