Loading...
Minutes 10-06-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, OCTOBER 6, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. Mayor Taylor informed the public of the new electronic format of the agenda that was being implemented. The goal was to become paperless within a short time, using only laptops to access the information. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor advised there was an additional item to section 6, Consent Agenda, Item L. pertaining to a consultant to assist with the development of the Comprehensive Climate Action Plan. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as presented. Commissioner Ross seconded the motion. The motion passed unanimously 2. OTHER A. Informational Items by Members of the City Commission. 1 Meeting Minutes Regular City Commission Boynton Beach, FL October 6,2009 Mayor Taylor announced the Florida Redevelopment Association designated the Boynton Beach Community Redevelopment Agency as the number one CRA in the State of Florida for redevelopment. Mayor Taylor had attended the Grand Opening of Big Lots and the demolition for the Slohman Family Center that will be a school for children with autism. There will also be a medical center and other facilities required for autistic children. It would be an $18 million project. The Women's Circle also had a ground breaking for their new location on 4th Street. The organization assists citizens less advantaged with job searches and training for job interviews. Mayor Taylor also announced the passing of Mike Ferguson on September 25. 2009. He served as a Commissioner and worked hard for the City of Boynton Beach. Commissioner Ross noted the grand opening of Fire Station #5 and the Emergency Operation Center. The public was invited to attend commencing at 10 a.m. She had also attended the Institute for Elected Officials presented by the Florida League of Cities. It was a great experience and she was glad to have attended. Vice Mayor Hay had also attended the Institute for Elected Officials. He was very impressed with the information given covering eight different areas. The topics included the Structure and Function of Municipal Government in Florida, Risk Control, Presentations, How to be an Effective Council Person, Taxes and other Sources of Revenues, Budgeting and Accounting, Understanding Inter-Governmental Relationships in Florida, Florida Ethics and Compliance with Open Meetings and Open Records Law. He felt very strongly that every elected official in their first year in office should be encouraged to take the class. Mayor Taylor had previously attended and agreed. He was pleased both Vice Mayor Hay and Commissioner Ross were able to attend. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Approve the proposed monument commemorating "The Korean War". Thomas Kaiser, Chair of the Veterans Advisory Commission, reviewed the previous monuments that had been contributed by the veterans for Bicentennial Park with the goal to have a monument for every conflict. A World War I monument would be unveiled on November 11, 2009. The Lost Battalion of the 77th Division would be honored with a pigeon on the monument commemorating the carrier pigeon that flew 30 miles to his cage, after being shot, with the message that troops were surrounded and 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 6, 2009 needed assistance. Mayor Taylor was presented with a replica of the pigeon. On December 7, 2009 a monument for Pearl Harbor would be unveiled. June 2010 would be the 60th anniversary of the Korean War and in the fall of 2010 there would be a monument for the. Vietnam conflict installed. The next year monuments would be for Desert Storm and Iraq and Afghanistan. The veterans bear the entire cost. Mr. Kysor urged prayers for the troops currently in conflict. Mayor Taylor was honored to receive the pigeon statue and would display it with pride. He thanked the veterans for their generous gift to the City of Boynton Beach. B. Announce the receipt of the 2009 Flo Goldman Award by our Nationally Accredited Senior Center and recognize the Senior Center staff, including center supervisor Steve Lulkin, for the outstanding job they have done making this one of our most popular and active facilities. Wally Majors, Director of Recreation and Parks, noted the Flo Goldman Award was given for distinguished service in the field of Senior Centers, recognizing the quality of programs and services offered to seniors. The City's nationally accredited Senior Center received the 2009 Flo Goldman award. Mr. Majors commended the staff and volunteers at the Senior Center for the accomplishment. The staff included the Recreation Specialist, Mark Rose, and Forester and Recreation Supervisor, Steven Lulkin. Mr. Lulkin thanked Mark Rose and Ann Forster, Recreation Specialist, for the outstanding job done, along with the volunteers who assisting in providing the top quality programs at the Senior Center. The entire organization was proud of the accomplishment. Mayor Taylor congratulated the staff and commented the reputation of the Senior Center was exceptional for a job well done. C. Declare a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach Mayor Taylor proclaimed October as National Arts and Humanities Month in the City of Boynton Beach. Arts and Humanities strengthen the local economy by generating $209.1 million in economic impact and supported many jobs each year. Taxes from art also generate revenue for the state and local governments. Barbara Ready, Chair of the Arts Commission, commented the Art in Public Places program had given all citizens the ability to see free art exhibits around the City including the Avenue of the Arts. The public was invited to the free Arts Connection programs the third Monday of each month in the Library Program Room. The grand opening of Fire Station #5 includes art work depicting visual references of historical timelines of firefighting. The arts stimulate economic development and add to the quality of life. 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 6,2009 4. 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) Michael MacMullen, 4760 N. Congress Avenue, owned a pool hall/bar and suggested the hours to sell alcohol be extended past 2 a.m. The only way for his business to survive was to extend the hours of operation. Surrounding municipalities and the County have extended hours. Commissioner Ross suggested Mr. MacMullen speak with the ambassadors for the Greater Boynton Chamber of Commerce. Commissioner Rodriguez and Vice Mayor Hay were not open to discussing the issue. Mayor Taylor mentioned the subject had previously been discussed and decided. John McGovern, 2620 Spiceberry Lane, distributed information regarding an old school that had been refurbished in another area. He discussed the full and fair disclosure of information to the citizens, regarding the March elections. Mr. McGovern suggested it was the responsibility of the City to inform its citizens, through the use of the website, information regarding the candidates including the financial disclosures. Victoria Castello, 406 S. Seacrest Boulevard, brought attention to the Florid:! East Coast Corridor study now in Phase II, selecting the depots. It would be helpful if a stop was made at the Marina in downtown Boynton Beach. Mayor Taylor advised the Community Redevelopment Agency has been working aggressively to get a depot in Boynton Beach. There are upcoming meetings at several locations. Ms. Castello opined the website could be used to advertise the meetings and seek input from the citizens. Commissioner Rodriguez had received notification of the hearings and assumed homeowners in the areas closest to the corridor had been informed. All of the Commission had received the notification. Mayor Taylor advised Ms. Castello to contact Lisa Bright, Executive Director of the Community Redevelopment Agency. Dick Philpott, 1361 SW 2yth Avenue, questioned the ownership and plans for cleaning the Big Bass canal. Mayor Taylor advised research was being done to determine ownership of the canals within the City of Boynton Beach. Neither Lake Worth Drainage District nor the City of Boynton Beach owns the canal. In 2005 the monies budgeted for cleaning the canals were eliminated. Attorney Cherof indicated the research should be completed within the next thirty days. Mr. Bressner advised search of previous minutes revealed there had been no final policy decision on the issue. The canals have been the orphans of the City. Commissioner Weiland wanted definitive proof of the ownership. James Mathews, 1350 SW 26th Avenue, recalled seven years3go the City yea sed maintaining the canals in the Lake Ida area. At that time, the homeowners were told the 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 6, 2009 Big Bass Canal and Lazy Lake were owned by the City. A decision was made that any new developments would have to maintain the canals created during construction. At a public meeting, maps were displayed of canals owned by the City and others where the homeowners owned to the middle of the canal or their property side of canal or to the other side of the canal. Mr. Bressner advised in many instances the plat indicates "the public" owns the canal. The definition of "the public" is not clear. There has been nothing found dedicating any of the canals to the City of Boynton Beach. Mr. Mathews offered his opinion that the City of Boynton Beach would be the representative of the people, if an actual owner was not the designated owner. He alleged the confusion was deteriorating the value of his home. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Amber Barritt, an alternate member of the Planning and Development Board. Motion Commissioner Weiland moved to accept the resignation of Amber Barritt. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Weiland moved to table all appointments. Commissioner Ross seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA A. Approve the Minutes from the City Commission meeting held on September 14, 2009. B. PROPOSED RESOLUTION NO. R09-140 - Approve a "piggyback" to the City of Pompano's contract with Nalco approved on January 13, 2009 (1-13-09) via Bid H-45-08 with the same terms, conditions, specifications and pricing. This contract will be used to purchase anti-scalant (PC-1850T) and control its dosage for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $98,000. The City of Pompano Beach 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 6, 2009 complied with public contract bid requirements equal to or which exceeds Boynton Beach's requirements. C. PROPOSED RESOLUTION NO. R09-141 - Support the elimination of the cap on the State and Local Housing Trust Funds and supporting full appropriation of the housing trust funds for housing programs. D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. Vice Mayor Hay pulled Item 6.D for discussion. E. PROPOSED RESOLUTION NO. R09-143 - Approve the Local Agency Program (LAP) Agreement between the City of Boynton Beach and Florida Department of Transportation (FDOT) for the construction and construction- engineering-inspection (CEI) services of the Seacrest Boulevard Roadway Improvements project. F. PROPOSED RESOLUTION R09-144 - Approve the Bill of Sale and Utility Easement; and also to release all surety for the water and sewer systems for the former Eckerds Pharmacy located at the northwest corner of Boynton Beach Blvd. and US 1 in Boynton Beach. G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1001). PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Cpntract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325 (project #RP1001). Commissioner Ross pulled Item G.6 for discussion. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 6,2009 H. PROPOSED RESOLUTION NO. R09-146 - Authorize the execution and payment of the annual service agreement between Motorola and the City of Boynton Beach in the amount of $138,676.32. I. Approve 'participation in the State of Florida Department of Management Services Fuel Card Program (#973-163-06-1) for emergency use only. The State Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's requirements.. J. Approve settlement of claim for costs associated with the connection of public sewer system to 815 Bamboo Lane. K. Authorize the reallocation of $1,500 from Boynton Isles to the Jayne E. Miller Nursing Scholarship Fund from Commissioner Rodriguez's Community Investment Fund. L. Approve a Contract for "CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A COMPREHENSIVE CLIMATE ACTION PLAN", rfp #062-1210-09/cjd TO: Camp Dresser & McKee Inc. (CDM) of West Palm Beach, FL in the amount of $195,900 Commissioner Ross pulled Item 6.L for discussion. Motion Commissioner Weiland moved to approve the Consent Agenda with the exception of Items D, G and L. Commissioner Ross seconded the motion. The motion passed unanimously. D. PROPOSED RESOLUTION NO. R09-142 - Authorize the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. Vice Mayor Hay confirmed the route would be the same as last year and the Commissioners would make a complete route and return to the platform. Kathy Biscuiti, Special Events Director, advised the parade route would start at SE 1 ih going north in the southbound lane of Federal Highway to Ocean Avenue and the Commission would be dropped off in the back of the platform. The lineup would' not be able to use 4th Street due to construction. 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 6,2009 Motion Vice Mayor Hay moved to approve Item 6.D. Commissioner Weiland seconded the motion. The motion passed unanimously. G. Appropriate $446,722.50 from the Fuel Island Improvement Reserve in the Vehicle Service Fund (501), to provide funding in FY 09/10 for required Fuel Tank Replacement Project (project #RP1 001). PROPOSED RESOLUTION NO. R09-145 - Approve a Piggy-Back Contract from the Palm Beach County School Board (#09C-018K) with Lutz Petroleum Equipment Installations, Inc. for removal and closure of four (4) existing underground 10,000 gallon diesel and unleaded underground fuel storage tanks, one existing underground 1,000 gallon hydraulic oil tank and one existing 550 gallon waste oil tank located at the Public Works Complex. Work to include installation and start up of a new above ground storage tank system consisting of two (2) 20,000 gallon fuel tanks and two (2) 300 gallon hydraulic and waste oil tanks. Total project cost with options is $425,450.00 plus 5% contingency in the amount of $21,272.50 and is funded from the Fleet Maintenance Division account #501-2516-519-6325 (project #RP1001). Commissioner Ross indicated she had been informed there was a discrepancy on the information given to the various vendors for a fair comparison of the estimates. Jeff Livergood, Director of Public Works and Engineering, was unaware of the information given to vendors or bidders. It was based on existing purchase contracts available to piggyback. Peter Ward, Glasko Equipment Service, represents the City in fuel tank matters. His firm was contacted about installing four 10,000 gallon tanks and had mailed a bid. The award is requested for two 20,000 gallon tanks. It would be a more economical price for two tanks rather than four. He requested the matter be tabled until a fair comparison could be made. Mr. Livergood clarified it was not a bid process. Prices were solicited from several vendors to determine pricing and piggyback opportunities. Design parameters were not designated. Mr. Bressner suggested the item be tabled until Purchasing can present input and further research can be done. Motion Commissioner Ross moved to table. Vice Mayor Hay seconded the motion. The motion passed unanimously. 8 Meeting Minutes Regular City Comrnission Boynton Beach, FL October 6, 2009 L. Approve a Contract for "CONSULTANTS TO ASSIST IN THE DEVELOPMENT OF A COMPREHENSIVE CLIMATE ACTION PLAN", RFP #062-1210-09/CJD TO: Camp Dresser & McKee Inc. (CDM) of West Palm Beach, FL in the amount of$195,900. Commissioner Ross brought the item forward and commended staff for making a difficult decision from the many bidders. Carisse LeJeune, Assistant to the City Manager, indicated it was a milestone for the original Green Task Force to see the recommendations adopted by the Commission brought to fruition. Stimulus funding of $658,900 was made available and hiring a consultant was the first step to qualify for further funding and proceed to make Boynton Beach a truly green environment. She announced the month of October was proclaimed the National Energy Awareness Month. Motion Commissioner Ross moved to approve Item 6.L. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS None 8. PUBLIC HEARING 7 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Loc al Planning Agency and City Commission 9. CITY MANAGER'S REPORT A. Provide direction to staff regarding banners and decorations for the upcoming holiday season. Lori LaVerriere, Assistant City Manager, indicated last year the City had spent $40,000 on holiday decorations and the CRA had contributed $30,000. This year's budgeted funding was only $10,000 for the City and the CRA increased their funding to $40,000. The use of the $10,000 was the issue. Ms. LaVerriere reviewed the options including giving the money to the CRA to enhance their efforts. It would eliminate decorations at the Sims Center, Hester Center and Senior Center. Commissioner Rodriguez suggested City staff and the CRA staff collaborate and bring the Commission a recommendation. Mayor Taylor supported contributing the $10,000 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 6. 2009 to the CRA for decorations. Vice Mayor Hay and Commissioner Rodriguez concurred with Mayor Taylor. Commissioner Weiland offered the money be given to the CRA to decorate the Ocean Avenue area and City Hall area. Ms. Biscuiti advised the CRA was committed to two contracts. She did feel with the additional monies from the City that the City Hall corner could be accomplished. There was consensus to concentrate the decorations in the downtown area. Motion Commissioner Weiland moveq to give the $10,000 to the CRA and allow them to use the monies to complete their holiday banner program in the Ocean Avenue area. Vice Mayor Hay seconded the motion. Ms. LaVerriere added all banners should be installed to balance the decorations in the core area. Commissioner Weiland amended his motion to include all the banners. The motion passed unanimously. 10. FUTURE AGENDA ITEMS 11. NEW BUSINESS A. Discussion of a process and procedure for appointing a new seven member CRA Board. This item is placed on the agenda at the request of Commissioner Rodriguez. Commissioner Rodriguez recalled the discussion had been postponed until after budget issues had been resolved. He brought the item forward to arrive at an agreement on how to proceed. Vice Mayor Hay agreed the appointment of a new Board should move forward; however. there was no rush to complete it within the next couple months. He wa.,ted to have the application reviewed and revised with more extensive information to be provided. Vice Mayor Hay alleged a screening committee consisting of the City Manager, Quintus Greene, City Attorney, CRA Executive Director and the Assistant Director could improve the application. The same committee could then screen the applications and candidates and make a recommendation to the Commission or submit a ranked list. Vice Mayor Hay wanted to proceed carefully to avoid the dissolution of another Board. Also the new Commission to be elected should have a stake-hold in the new board. He saw no need to get the Board appointed before the March election. Commissioner Rodriguez agreed in part with Vice Mayor Hay that caution is necE;lssary. He did see a conflict and opposed the CRA Executive Director and Assistant Ex~cutive 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 6, 2009 Director screening their bosses. Elections are held yearly and new Commis$ioners would be rotating on and off the board on a regular basis. Commissioner Weiland felt the current Board should decide on the members of the new Board since they would be familiar with the applicants and the responsibilities they would be assuming. Vice Mayor Hay cautioned with only three votes another Board could be dissolved. He felt the appointing Board should be proactive and try to avoid the same circumstances that were previously created. The process could be started, but the final decision delayed. Mayor Taylor reiterated his contention that the current Board was doing a more than adequate job, having just been recognized as number one in the State. If there was consensus to proceed, he urged the Commission to appoint only a five-member Board rather than seven. Two more could be added at a later time, if necessary. Mayor Taylor did agree a committee to review the application would be helpful. Interviews conducted before the entire Commission could be utilized to further narrow the field. Commissioner Ross opined that in six months there could be three new Commissioners who should be part of the selection process. The current Board was unified and working in a positive direction so there was no rush. Herb Suss, 1711 Wood Fern Drive, agreed with Vice Mayor Hay to move slowly and make the proper selections for a five member board. He did prefer an independent ~~. . Victor Norfus, 261 N. Palm Drive, argued the process should not be any different for the Community Redevelopment Agency Board than with any other advisory board. Mayor Taylor pointed out the CRA Board was governed by State statutes and not an advisory board.' Commissioner Rodriguez indicated he was not in favor of pubic interviews. Vice Mayor Hay suggested a special meeting be scheduled for the interviews and the public be invited. The steering committee could short list the applicants. Motion Commissioner Rodriguez moved to proceed with the application as presented, the City Commission act as its own review board and decide the interview proces.s and application as it is including resumes and move forward. Commissioner Weiland seconded the motion for discussion. Vice Mayor Hay could not support the motion and stressed a steering committeie was needed to review the application and the applicants more closely. Mr. Bressner suggested it be a two-step process that the committee review the application and bring 11 Meeting Minutes Regular City Commission Boynton Beach. FL October 6, 2009 it to the Commission for approval first. Mayor Taylor agreed with Vice Mayol Hay's suggestion. Patricia Fitzpatrick, a resident, was excited about the separate board and felt people with a passion for the City needed to be on the Board. The members should be able to communicate their passion regardless of their academic credentials. Her opinion was the process should not be made more difficult than it needed to be. John McGovern recalled the CRA Board had been a hot issue and he did not want to see the same debate and dissention repeated. The goal should be to move forward for the long run and not the short term. The motion failed 2-3. (Mayor Taylor, Vice Mayor Hay and Commissioner Ross dissenting) B. Discussion of status of proposed Green Market at Boynton Beach Mall. Mr. Bressner summarized the history of the special events at the Mall and the recent request to continue with new events at the Mall. The Community Caring Center had approached the Mall and requested the Green Market be held at the Mall ,and in downtown Boynton Beach each Saturday. The proposal was to allow two ongoing seasonal events in the 2009 and 2010 season and allow for 10 special events through May 2010. The Mall had requested the contract for special events be extended beyond May 2010. Long term, staff was reviewing zoning issues and proposing a text amendment to allow a farmer's market in a C-3 district, if the lot is large arid had adequate parking. Mayor Taylor supported the seasonal approach and extending the contract. Commissioner Ross also supported the idea and the green market. Vice Mayor Hay concurred. Mayor Taylor declared there was consensus. 12. LEGAL None 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:07 p.rn 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 6,2009 CITY OF BOYNTON BEACH 1 djy a ' . /:/. / / ;7'" // /~~~,{ , .;. Woodrow L. Hay, Vice Mayor . ATTEST: ~~ Ronald Weiland, Commissioner ; , ! j/ -:e:-- _'.'~_""_ ~ . p~ Jose Rodriguez, com~isSioner Ja et M. Prainito, CMC ~ ~ ity Clerk Marlene Ross, Commissioner ~ /7 ;~ZZj{, ~ ~ - dith A. Pyle, C ,/Deputy City Cler~ 13