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Minutes 03-15-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MARCH 15, 2011 Present: Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Jose Rodriguez, Mayor 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez Vice Mayor Ross called the meeting to order at 6:30 p.m. in the absence of Mayor Rodriguez. A moment of silent prayer was observed for the devastation and tragedies that were ongoing in Japan. Vice Mayor Ross led the Pledge of Allegiance to the Flag. Attorney Cherof asked for a motion to accept the election results for the re-election of Commissioner Hay and Vice Mayor Marlene Ross. Motion Commissioner Orlove moved to accept the election results. Commissioner Holzman seconded the motion. The motion passed 4-0. SWEARING IN: COMMISSIONER MARLENE ROSS - DISTRICT 4 City Clerk Prainito administered the Oath of Office to Marlene Ross as the elected Commissioner from District 4. Vice Mayor Ross thanked Mrs. Prainito for administering the Oath of Office and for working with her over the past three years. Vice Mayor Ross was grateful to have been re-elected for her second term. She thanked her supporters and those who participated in the elections, especially her volunteers, family and friends. It was an honor and privilege for her to represent the City of Boynton Beach. Vice Mayor Ross particularly Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 thanked the City Manager and City Attorney for having worked closely with her. She also thanked the previous and current Commissioners with whom she had served. She recognized former Mayor Jerry Taylor while she worked with him and the current Commission; Mayor Rodriguez, Commissioners Orlove, Hay and Holzman. Vice Mayor Ross pledged she would remain committed to the City. There was a great deal of work ahead for the Commission and she was prepared to accept the challenge. Again she thanked her supporters and family. God bless the City of Boynton Beach, the people and business owners. SWEARING IN: COMMISSIONER WOODROW HAY - DISTRICT 2 City Clerk Prainito administered the Oath of Office to Woodrow Hay as the elected Commissioner from District 2. Commissioner Hay dittoed Commissioner Ross's remarks. In addition, he thanked all those who worked with him. He thanked the staff and current Commission for working with him the past three years and looked forward to doing more. The biggest challenge would be the budget and he hoped to have input from everyone. He was happy to assist in making Boynton Beach the City that it should be. There was a great deal of potential and unused resources in the City that needed to be utilized. Again he thanked everyone for their support. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross understood an item needed to be added under 13. Legal, D. for a closed-door attorney/client session before the April 5, 2011 meeting. There was also a suggestion to table Items 13.C, 11.A and the September 13. 2010 minutes included in Item 6.A. Mr. Bressner also noted Item 6.C should be pulled for discussion at the request of one of the Commissioners. Motion Commissioner Hay moved to table all the items discussed. Commissioner Holzman seconded the motion. The motion passed 4-0. 2. Adoption Motion Commissioner Holzman moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed 4-0. 2. OTHER A. Informational Items by Members of the City Commission 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 Commissioner Holzman congratulated Vice Mayor Ross and Commissioner Hay on their re-election and expressed the next three years would continue to move the City forward. Commissioner Hay remarked he had attended the Love of Literacy luncheon held at the Kravis Center and looked forward to Boynton Beach reading even more to the children. Vice Mayor Ross commented this was the first year she was unable to attend the Love of Literacy luncheon and thanked Commissioners Hay and Orlove for attending. Commissioner Orlove congratulated Vice Mayor Ross and Commissioner Hay on their re-election and looked forward to working with them again. He had attended the Love of Literacy luncheon and announced the Palm Beach County Literacy Council would be building a new center at Gateway in Quantum Park, Boynton Beach. They are undertaking a $3 million campaign with $1.8 million secured. Commissioner Orlove had also attended the Art Marker dedication at Jaycee Park. The markers were well laid out and well designed and outlined the history of Boynton Beach, marine history, aqua- culture and the beautiful setting. Vice Mayor Ross sought clarification of the Literacy Coalition's plan for the new center. Commissioner Orlove knew it was going to be for training and programs. Mr. Bressner advised the details were not known at this time. Vice Mayor Ross had attended the pancake breakfast the previous Sunday, the last one for the season, sponsored by the Fire Department. She announced a veterans event sponsored by US Congressman Ted Deutsch and the Alliance of Delray. It would be a workshop for veterans and their families with various veteran affiliated speakers. The event would be Thursday, March 24th from 1 p.m. to 4 p.m. at the new Weisman Senior Center on West Atlantic Avenue in Delray Beach. Vice Mayor Ross also announced the Recreation and Parks Department and Sand Sifters celebration of Earth Day with a Strawberry Twist. It would be on Saturday, April 2nd, 8 a.m. to 10:15 a.m. at Oceanfront Park with the monthly cleanup. County Commissioner Steven Abrams would read a proclamation announcing Mayas Sand Sifters month. There will be Tai Chi, kids activities, earth beach volleyball and water balloon toss, a turtle talk on the beach and strawberry and tropical smoothie samples. Live animals from the Oaggerwing Nature Center would be onsite. The Chamber of Commerce's monthly luncheon will be held at Quail Ridge Country Club, March 16,2011, commencing at 11:30 with registrati9n. The focus will be on health care. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 A. Announce public engagement session (charette) for Historic High School Redevelopment, Saturday, March 26, 2011 from 10 a.m. to 3 p.m. in the City's Library Program Room. Carisse LeJeune, Assistant to the City Manager, indicated there would be a charette for Historic High School Redevelopment on March 26th from 10 a.m. to 3 p.m. at the Library Program Room. REG Architects had been contracted to assist the City in the design and planning process for the redevelopment of the structure. A public opinion survey could be accessed on the City and Community Redevelopment Agency (CRA) websites. A historic high school redevelopment project website that houses links to all the high school's studies, old and new is also available. The purpose of the charette is to quantify and qualify the public's opinion on the design, function, form and ultimate future of the historic high school site. It would identify and address the funding mechanisms needed for a successful project. B. Proclaim March 22, 2011 as All People's Day in the City of Boynton Beach Vice Mayor Ross proclaimed March 22, 2011 as All People's Day. Susan Berkowitz-Schwartz commented since 1973 origami peace cranes have been a symbol of healing for the holiday of All People's Day Diversity Festival. The concept was born out of the nuclear devastation of WW II. A 12-year old girl sparked the spirit of hope by attempting to fold 1,000 cranes when told a legend claimed it would create healing. Ms. Berkowitz-Schwartz invited everyone to participate in the celebration at Pompey Park in Delray Beach on March 27th featuring numerous free interactive art activities. She thanked the Commission for the Proclamation. 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) Gary Solomon, from the Sand Sifters, thanked the Commission for announcing their event. He added the Special Assistant to the Governor is expected and there is a slim possibility that the Governor may attend also. Commissioner Abrams will be present with the Proclamation. He urged any of the Commissioners to attend and noted a couple Commissioners from Ocean Ridge would also be present. Cliff Montross, 109 SW 18th Street, congratulated Vice Mayor Ross and Commissioner Hay on their re-election. He insinuated they would do a good job because he would be watching. Mr. Montross demanded an answer to his question regarding Mr. Bressner's participation on a county committee. Attorney Cherof explained public audience afforded the public an opportunity to speak to the Commission and was not a question 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 and answer session. Mr. Montross argued the public should be able to ask questions and was entitled to answers. Attorney Cherof reiterated the Commission would not respond to questions from the dais. Mr. Montross continued to assert there would not be any point in the public coming to the meetings if they could not ask questions. He urged the Commission to change their attitude. No one else coming forward, Mayor Ross closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Sanford Mayer, a regular member of the Community Relations Board Motion Commissioner Holzman so moved. Commissioner Orlove seconded the motion. The motion passed 4-0. B. Accept the resignation of Mark Karageorge, a regular member of the Code Compliance Board Motion Commissioner Holzman so moved. Commissioner Hay seconded the motion. Vice Mayor Ross thanked Mr. Karageorge for his letter. The motion passed 4-0. Commissioner Hay wanted to augment his previous remarks and recognized his wife for her support and importance to him in winning the election. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Hay moved to appoint Brian Miller as an alternate on the Planning and Development Board. Commissioner Holzman seconded the motion. The motion passed 4-0. 6. 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 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Motion Commissioner Hay moved to approve the Consent Agenda as amended. Commissioner Orlove seconded the motion. The motion passed 4-0. A. Approve the Minutes from the City Commission meetings held on August 17, 2010, August 24,2010, September 7,2010, September 13, 2010 and March 1, 2011. 1 B. PROPOSED RESOLUTION NO. R11-038 - Amend the FY 2010-2011 capital improvement budgets to adjust budgeted appropriations to (1) provide continued spending authority in FY 2010-2011 for active Capital Improvement Projects that were in process last year at September 30, 2010 but not included in the adopted Capital Improvement Fund budgets by the City Commission for FY 2010-2011 and (2) transfer certain capital project budgets from Fund 302 to Fund 304. C. Approve recommended selection of insurance brokers and insurance company programs as part of the City's Property and Casualty Insurance Program. The recommended insurance brokers are Arthur J. Gallagher & Co., and Employers' Mutual Insurance Co. (EMI). Chuck Magazine, Risk Manager, recommended the insurance brokers of Arthur J. Gallagher & Company and Employers' Mutual Insurance Co. Mr. Magazine briefly explained the process of using a market assignment approach and opening it up to a number of brokers to go out and bring the best bids to the City. It increased competition and represented a good cross section of insurance markets. The recommendations cover liability insurance and workers' compensation coverage with Arthur J. Gallagher & Co. through the Star Insurance Company program which is a renewal of the current program. To reduce the cost, the City would be assuming additional risk, increasing the self-insured retention of $350,000 to $500,000. Training of employees relating to worker compensation had helped reduce claims and there was no anticipation of an increase in claims. The property coverage was divided between municipal and utilities and that will continue. The municipal coverage will be with Employers' Mutual with the Westchester Surplus Lines as the leading insurer and the utilities would continue with Arthur J. Gallagher through National Union Fire & Charters Global. The renewal date for the crime insurance would move to April 1St, resulting in some savings. The overall 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 projected savings for the current year would be $223,240 or a 16.5% decrease There is also plans for decreases in the upcoming budget of 9.2% for $114,111. Commissioner Holzman asked if there had been an overall analysis of the last five years in terms of worker compensation claims. Mr. Magazine replied the research had been done and no claims had even approached the $350,000 limit. Commissioner Hay asked Mr. Bressner what overall budget goal had he requested from the departments. Mr. Bressner asked the departments to come to an 8% to 10% adjustment in their operating budgets for the next fiscal year. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed 4-0. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-039- (1) Approve a contract with Intercounty Engineering, Inc. of Pompano Beach, Florida for the reh~bilitation of Master Lift Station #801, Bid No. 018-2821- 11/CJO, in the amount of $199,780 and (2) Authorize an added 10% contingency of $19,978, if needed, for staff appr~val of change orders for unforeseen conditions without further approval by the City Commission provided total contract price plus contingency is not exceeded. Pete Mazzella, Deputy Director of Utilities, explained it was a 40-year old master lift station located at the intersection of Lawrence Road and Boynton Beach Boulevard. There is underground obsolete equipment and old electrical that needs to be re-worked and stabilized. A new scrubber was installed last year, but for reliability the work needs to be done, especially in the event of a hurricane. Commissioner Holzman asked about the life of the overall lift station. Mr. Mazzella replied the overall life should be ten years and the electrical would last longer. Motion Commissioner Hay moved to approve Proposed Resolution R11-039. Commissioner Orlove seconded the motion. The motion passed 4-0. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 A. Approve negotiated settlement, during mediation, of $46,500 in Carlos Montanez v. City of Boynton Beach Mr. Magazine indicated the incident occurred on August 16, 2006 when a police officer ran a red light and struck the plaintiff's car. The plaintiff suffered injuries in excess of $67,000 and a claim for lost wages in excess of $41,000. Motion Commissioner Orlove moved to approve. Commissioner Holzman seconded the motion. The motion passed 4-0. 9. 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 Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. Attorney Cherof announced that Proposed Ordinance 11-008 on first reading was being tabled to April 19, 2011. 10. CITY MANAGER'S REPORT None Commissioner Hay wanted to see an updated span of control in preparation of the budget workshop. 11. UNFINISHED BUSINESS A. Configuration of Special Events Committee, scope, opportunities to consolidate coordination, timeline and expected gains (This item was tabled) 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-011 - SECOND READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers' Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. Attorney Cherof read Proposed Ordinance No. 11-011 by title only, on second reading. Vice Mayor Ross opened the issue for public hearing. No one came forward. Commissioner Orlove wanted assurance that nothing had changed since the first reading and Attorney Cherof confirmed. Motion Commissioner Orlove moved to approve Ordinance 11-011. Commissioner Hay seconded the motion. Commissioner Holzman reiterated his position that the Commission should retain the issue for collective bargaining. With a $9 million deficit every department would be required to pinch and cut. He suggested the issue be retained for use during collective bargaining. Commissioner Orlove inquired if it was true the change would have no fiscal impact on the budget either this year or next year. Mr. Bressner replied there was no actuarial impact based on the analysis provided and review by the Finance Department. Vote City Clerk Prainito called the roll. The vote was 3-1 (Commissioner Holzman dissenting). B. PROPOSED ORDINANCE NO. 11-012 - SECOND READING - Amending attendance requirements of the Financial Advisory Committee Attorney Cherof read Proposed Ordinance No. 11-012 by title only, on second reading. Vice Mayor Ross opened the issue for public hearing. No one came forward. 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 Commissioner Orlove inquired of the Chair of the Financial Advisory Committee if the Committee was in favor of the change discussed. Don Scantlan, 13 Cedar Circle and Chair of the Financial Advisory Committee, advised the Committee agreed with change 100%. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4.0. C. Charter Review Committee timeline and scope of work (This item was tabled) C. Request for closed-door executive session (This item was added to the agenda) Attorney Cherof advised he was required to publicly request a closed-door, attorney- client session with respect to the law suit pending between the Boynton Beach Mausoleum, Inc. vs. the City of Boynton Beach, Case # 502008CA030196. Attorney Cherof requested the meeting be held on April 5th at 6 p.m. prior to the regularly scheduled City Commission meeting or whenever convenient. Commissioner Holzman inquired if it was time sensitive. Attorney Cherof advised he anticipated a mediation conference to be scheduled within the next 60 days. Commissioner Holzman requested the session be scheduled on April 19th as he anticipated the birth of his first child within the next two weeks. Motion Commissioner Hay so moved. Commissioner Orlove seconded the motion. The motion passed 4-0. 14. FUTURE AGENDA ITEMS A. Discussion of local transportation options including review of Wellington alternative transportation program - 4/5/11 B. Recommendation from Purchasing for Engineering Task Order RFQ - 4/5/11 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 C. Follow-up on Joint City/CRA Downtown Workshop of 2/17/11 - Tentative April 5,2011. D. City of Boynton Beach Green Building Program Ordinance - 4/5/11 E. Climate Action Plan Implementation Status Report - 4/5/11 F. Sister Cities Presentation - 4/19/11 G. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 4/19/11 H. Appointment and Swearing in of Vice Mayor - 4/19/11 I. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11 J. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 7:20 p.m. (Continued on next page) 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 15, 2011 ATTEST: 'tn.~ J net M. Prair.ito, MMC ity Clerk flf:~ZpYle,( c' , eputy City Cl k CITY OF BOYNTON BEACH /..------------ ? /' /f 2 //' / ~~ ...~/. ~ ~ rJ#:Y~J ;:"---c ._-:2'Z-?""'~--(/~ <'/-l7'.,..c Woodrow Hay, Commission Steven Holzman, Commissioner 12