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Minutes 01-17-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 17, 2012, at 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Mayor Lori LaVerriere, Interim City Manager Woodrow L. Hay, Commissioner James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner ABSENT: William Orlove, Vice Mayor 1. OPENINGS A CaII to order - Mayor Jose Rodriguez (Commissioner Holzman was not present.) Closed -door session to be held at 6:00 p.m., January 17, 2012 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ) Mayor Rodriguez called the meeting to order at 6:05 p.m. He announced there would be a closed -door session. Attorney Cherof explained it would be a recess to a closed - door session to discuss pending litigation between Clear Channel Outdoor Inc. versus the City of Boynton Beach. In attendance would be members of the City Commission that were present, City Manager, City Attorney and Mike Burke, Special Counsel to the City for the litigation. The session would last approximately 25 minutes. Motion Commissioner Ross moved to recess. Commissioner Hay seconded the motion. Vote The motion passed 3 -0 (Vice Mayor Orlove and Commissioner Holzman were not present) 1 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 (The Commission returned to the dais) Motion At 6:41 p.m Commissioner Ross moved to reconvene the meeting. Commission Hay seconded the motion. Vote The motion passed 4 -0. B. Invocation C Pledge of Allegiance to the Flag led by Commissioner Ross The invocation was given by Commissioner Ross who also led the Pledge of Allegiance to the Flag. Mayor Rodriguez advised Vice Mayor Orlove was not in attendance and Commissioner Hay, as the senior Commissioner, would be acting as Vice Mayor, if needed. D. Agenda Approval: 1 Additions, Deletions, Corrections Commissioner Holzman pulled Item 6.D. 2. Adoption Motion Commissioner Hay moved to adopt the agenda. Commissioner Holzman seconded the motion. Vote The motion passed 4 -0. City Clerk Prainito advised Vice Mayor Orlove had emailed requesting a change be made to the Workshop minutes Motion Commissioner Holzman moved to table Item 6.A. Commissioner Hay seconded the motion. 2 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Vote The motion passed 4 -0. Attorney Cherof had an addition to the agenda as Item 3.B to announce a closed -door session in the case Seymour Reiner versus the City of Boynton Beach and other defendants. It would be held prior to the next meeting on February 7, 2012 commencing at 5 p.m Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. 2. OTHER A Informational Items by Members of the City Commission Commissioner Hay had attended the Chamber of Commerce luncheon and swore in the Board of Directors. He also noted a majority of the Commissioners had attended the Martin Luther King dinner and the march on Monday morning. There would be a League of Cities meeting on January 18 Commissioner Ross had attended the Palm Beach County Days in Tallahassee for the new legislative session. There is a bill pending to counter prior legislation allowing guns in government buildings and daycare centers. Jeff Atwater, State Chief Financial Officer, had remarked the financial conditions were somewhat better than last year and was very optimistic for the future. Mayor Rodriguez had also attended Palm Beach County Days and advised the revenues for the State of Florida were at one time $28 billion and during the crisis it went down to $21 billion. Currently the revenues are approximately $23 billion. The gap remains huge. Mayor Rodriguez enjoyed both the dinner and march for Martin Luther King Day 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Announcement of the Opening of the Congress Avenue Barrier Free Park on Saturday, January 21, 2012 3 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Wally Majors, Director of Recreation and Parks, was proud to announce on January 21st at 11 a.m there would be a ribbon cutting for the Barrier Free Park. There would be many activities for children and a wheel chair tennis exhibition featuring some of the top players in the country. A short video was displayed to better define the concept of "barrier free" B Request for a closed -door session on February 7, 2012 to discussion the case of Seymour Reiner versus the City of Boynton Beach and others. Attorney Cherof advised there was litigation pending against the City and other parties. The case was being handled by outside counsel and monitored by the Risk Manager. The case is Seymour vs Comcast, Delcom, City of Boynton Beach, Palm Beach County and is pending in Circuit Court in Palm Beach County. There is a settlement proposal pending that has to be reviewed. He suggested 5:45 p.m. would be appropriate. 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) No one came forward. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Holzman moved to table his Arts Commission alternate appointment. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. Motion Commissioner Ross appointed Christine Moeller as a regular member of the Arts Commission Commissioner Holzman seconded the motion. 4 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Vote The motion passed 4 -0. Motion Commissioner Holzman moved to table the Historic Resources Preservation Board regular appointment. Commissioner Ross seconded the motion. Vote The motion passed 4 -0. Mayor Rodriguez noted there were no other applicants for the appointments. B Appoint Vice -Chair for the Financial Advisory Committee Mayor Rodriguez pointed out William Shulman was one of the founding members of the Financial Advisory Committee and he was a Certified Public Accountant. Motion Commissioner Hay moved to appoint William Shulman as the Vice Chair of the Financial Advisory Committee. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public comment. Don Scantlan, Chair of the Financial Advisory Committee, reported a query at the recent meeting revealed Jeff Fisher was the only Committee member interested in the Vice Chair position. Commissioner Ross urged Mr Scantlan to relate to Mr. Shulman he was the choice of the Commission. Mr Scantlan agreed to relay the recommendation. Vote 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 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. 5 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 A. Approve the minutes from the Joint City Commission /Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 (This item was tabled to February 7, 2012) B PROPOSED RESOLUTION NO. R12 -012 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with JMT Assets LLC for the property at 1095 Ridge Rd, Lantana, FL. C Accept the written report to the Commission for purchases over $10,000 for the month of December 2011. D Accept the first quarterly update regarding the Volen Center Shopper Hopper program. Commissioner Holzman voiced concern that the ridership was Tess than half of the Shopper Hopper program and inquired what efforts were being made to recapture the higher number of riders Mr. Majors responded the primary reason for the decline in ridership was the cost increase from 50 cents each way to $3 each way. He stressed the budget for the program went from $225,000 a year to $75,000 a year reducing the expense more than 50% Commissioner Holzman reiterated a segment of the population that utilized the Shopper Hopper appeared to be lost. There should be a way to attract more riders. Mr. Majors opined many of the seniors were still getting to the Senior Center, but not utilizing the Shopper Hopper. Attendance at the Senior Center had not decreased. No concerns relating to transportation had been related to Mr. Majors. Ms. LaVerriere advised the first month the City Manager's office received four calls and the next month only one call was received with no real complaints. She cautioned it is a transition period. Mr. Majors indicated many of the seniors had found a different way to get to the Center. Mayor Rodriguez had received feedback that some seniors had used the service that were capable and had transportation available. The Shopper Hopper was a Tess expensive means of transportation. Mr. Majors added transportation to the Senior Center for lunch is free. Motion Commissioner Holzman moved to accept Commissioner Hay seconded the motion. Vote The motion passed 4 -0 6 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 7. BIDS AND PURCHASES OVER $100,000 A PROPOSED RESOLUTION NO. R12 -013 - (a) Approve the selection of NEC Corporation of America responding to RFP #064 - 1510- 11 /JMA for THE REPAIR AND MAINTENANCE OF THE TELEPHONE AND VOICEMAIL SYSTEMS and (b) Authorize the Interim City Manager to sign a three year Maintenance Agreement in the amount of $36,465.60 per year for a total expenditure of $109,396 80 plus charges for services outside of the Maintenance Agreement for potential moves, additions, or changes to the telecommunications infrastructure Mayor Rodriguez opened the issue for any public input. No one came forward. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 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. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 A Discussion - City Commission delegation /travel to Sister City - Les Cayes, Haiti Ms LaVerriere advised, as part of the agreement with Les Cayes as a Sister City, the City of Boynton Beach was invited to send a delegation to Haiti in mid - February to participate in a national event for Haiti. Mayor Rodriguez understood there were meetings scheduled both before and after the event and there was a request for the Interim City Manager and Assistant Manager, Fire Chief and Utilities Director to potentially participate. Commissioner Holzman recalled he had inquired if the Sister Cities Committee or Les Cayes itself would return to the Commission to request any funding and had been advised there would be no such request It would be wonderful to exchange ideas using a variety of available technologies. The City has dire needs and stringent budget constraints that require the Fire Chief and Utilities Director to be present in the City of Boynton Beach. If the department heads are not needed daily, then that issue should be addressed. Commissioner Holzman suggested a policy be created that any delegates sent to a Sister City, pay their own expenses or a super majority vote be required of any board going forward to fund any tnp. The City has laid off many employees and to even consider paying these "feel good" expenses would be an insult to those who lost their jobs and the citizens being asked to pay higher taxes. Mayor Rodriguez advised he would fully fund his own trip if he decided to attend. He felt obligated to go since the Mayor of Les Cayes had come to Boynton Beach. Commissioner Hay understood Commissioner Holzman's concerns with the cost; however, when the agreement was signed it should have been understood there would be some type of visitation. He did not feel it should come out of the Commission budget and more planning should have taken place to budget for a trip by a delegation. Commissioner Hay inquired if there was any other revenue source. Commissioner Hay did express an interest in going. Vice Mayor Orlove, Commissioner Holzman and Commissioner Ross had work commitments that would not allow their participation Motion Commissioner Holzman moved to require any delegation that goes to any Sister City program to fund their own trip. The motion failed for lack of a second. Jeanne Heavilin, President of the Sister Cities Committee, outlined the air fare cost would be approximately $415 round trip, food and lodging cost would be approximately $200 and there was an extensive itinerary of meetings and tours to establish relationships. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Mayor Rodriguez advised Kofi Boateng, Director of Utilities, would participate and would pay his own expenses. There was agreement that a policy for the future should be discussed when a full Commission was in attendance. There was consensus the delegation would be Mayor Rodriguez, Commissioner Hay, and Kofi Boateng and the expenses would not be funded from taxpayer dollars. Motion Commissioner Ross moved to approve for Commissioners and staff to go to Les Cayes, Haiti and pay for the expenses themselves. Commissioner Hay seconded the motion. Vote The motion passed 4 -0. Ms LaVerriere would contact Fire Chief Carter regarding his possible involvement. 13. LEGAL A PROPOSED RESOLUTION NO. R12 -014 - Approve (1) authorizing the issuance of Series 2012 revenue bonds not to exceed the amount of $9,000,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to pay or reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2012 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2012 bonds to Piper Jaffray & Co., and delegating the Mayor and City Manager to fix the final terms and conditions of the 2012 bonds and documents subject to certain parameters; (4) appointing Regions Bank as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2012 bonds. Attorney Cherof read Proposed Resolution No. R12 -014 by title only. Mayor Rodriguez recalled the current Resolution formalized a motion that had passed to support the bond issue. Mr Atwood agreed the issue had been passed a year ago for a slightly lower amount. An underwriter could not market the bonds. The authorization for the transaction expired in December, 2011 A new underwriter had been obtained and a similar request was being made There would be no out -of- pocket expense to the City and $15,000 in revenue would be gained. There would be no Toss in tax revenue because the building is already tax exempt. The terms had not changed. Commissioner Hay felt it was an excellent move for the School and the City of Boynton Beach would not be held liable to repay the bonds even if the School defaulted. 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion with discussion. Commissioner Ross disclosed she had spoken with Pamela Owens. Commissioner Holzman did not support the original request and remained against the current request. The value of the School was not an issue. The question was if the City wanted to assist the school in purchasing a building within the industrial zone. The Commission was tasked with keeping the industrial area open for tax paying businesses that ultimately takes the burden off the citizens. Commissioner Holzman stressed the City was not a bank He wanted to keep the property open for businesses to come in and make an investment in upgrading the infrastructure and jobs available to residents. Mayor Rodriguez opened the issue for public comment and no one came forward. Commissioner Ross confirmed the Palm Beach School District would not back the funding. Mr. Atwood advised school districts do not have the authorization in the State of Florida to issue the bonds. The building is currently tax exempt and not paying the fire assessment. Mayor Rodriguez suggested the possibility of negotiating payment of the fire assessment may be appropriate. Attorney Cherof agreed to review the issue. Any payments could not be retroactive. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 14. FUTURE AGENDA ITEMS A. Brand Promise Committee Report - 2/7/12 B Arts Commission Annual Report- 2/7/12 C Charter Review Committee Report - 2/7/12 D Economic Development Program Update- 2/7/12 E. Climate Action Plan Quarterly Report for 3rd & 4th Qtr 2011 - 2/7/12 F Update on City -owned property for sale- 3/6/12 10 Meeting Minutes Regular City Commission Boynton Beach, FL January 17, 2012 G Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 H Update on In -house Medical Clinic- 3/20/12 I Revisions to restrictions for vehicle size in residential districts - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 7:22 p.m. CITY OF BOYNTON BEACH Jos Ro i • .,' Mayor ✓, ( illia • rlove, Vice Mayor Woo -• ow - ay, Commi- ion ATTEST: Steven H. 4 , om ' sioner NIKO Yr • ) . tAt . 4±0 - ---- , j/- Ja , et M. Prainito, MMC Marl Ross, Commissioner ity Clerk MCI-.- ' (_.( �, JN i th A. Pyle, CM r eputy City Clerk 11