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Minutes 02-18-14MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 18, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L Hay, Vice Mayor David T. Merker, Commissioner Joe Casello, Commissioner ABSENT: Michael M. Fitzpatrick, Commissioner 1. OPENINGS D Brand Promise Statement 1 James Cherof, City Attorney Lori LaVerriere, City Manager Janet M. Prainito, City Clerk A. CaII to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:30 p.m. A roll call revealed a quorum was present. The invocation was given by Vice Mayor Hay followed by the Pledge of Allegiance to the flag led by Mayor Taylor. The Brand Promise Statement was recited as follows: "It is time to take a look at Boynton Beach, conveniently nestled in the coastal heart of Palm Beach County." E Agenda Approval 1. Additions, Deletions, Corrections Commissioner Casello pulled Item 6.D for discussion. 2 Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. 2. OTHER 4. PUBLIC AUDIENCE 2 FEBRUARY 18, 2014 A. Informational Items by Members of the City Commission Vice Mayor Hay advised he had been recognized at the Delray Beach Country Club by Palm Beach County for being one of the "shakers" for the County. There will be a meeting of the Palm Beach League of Cities and he urged everyone to attend. The Hurricane Bingo had a ribbon cutting ceremony and the Delray Beach Town Hall lecture featured information from the editor of Fortune magazine. Vice Mayor Hay has been the Chair of The South Central Regional Wastewater Treatment and Disposal Board and attended his last meeting. He indicated it has been a pleasure for him to serve the citizens of Boynton Beach. Commissioner Merker remarked February 22 is George Washington's birthday and it is a good time to reflect on what America is all about. He is an important figure in the history of America. Commissioner Casello acknowledged defeat at the Barrier Free Park 5K Run/Walk, having been surpassed by the City Manager's team. He reminded everyone of the March 11 municipal election for District II and District IV and announced a candidate forum that would be held in the Meadows at 7 p.m in the South Pavilion on March 6th. The issues would be discussed as well as candidate platforms to assist the voters in making an informed decision. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. General Election Proclamation - March 11, 2014 - presented by Mayor Jerry Taylor Mayor Taylor read the proclamation for the municipal election to elect one Commissioner for District II and one Commissioner for District IV to serve a three -year term expiring in March 2017. The voting hours would be 7 a.m to 7 p.m on March 1 1 th and the polling places were listed that would be available for review in the City Clerk's office. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL FEBRUARY 18, 2014 adjusted depending on the level of business coming before the City Commission) David Katz, 67 Midwood Lane, recalled Commissioner Merker had suggested that the residents of Leisureville get an attorney to fight the building of a hotel on Ocean Drive. Mr. Katz understood the residents had filed action against the City and requested an update on the lawsuit. Attorney Cherof responded the law suit was filed, but had not been served on the City so it is not active. Mr. Katz referred to Commissioner Merker's previous remarks relating to his consistency and claimed he was committed to bringing ethics back to the City. An ethics complaint has been filed, completed and Commissioner Merker fined for violating ethics. He questioned how Commissioner Merker could reconcile the inconsistency. Ralph Skarecki, 1331 South Federal Highway, commended Vice Mayor Hay on his professionalism during the transition of the Commission and thanked him for his service. He remarked the City had the best City Manager and thanked her for her quick response to his questions over the holidays. He thanked Commissioner Casello for holding himself to a high standard and would support his re- election Mr. Skarecki had a Code violation pending on a property he manages and he pointed out the City also has Code violations on several properties. He had been cited for dead trees, missing trees, landscaping, mulch and a litany of other items. There are several properties along Federal Highway that have the same issues unresolved. Mr. Skarecki had presented the same facts a year ago and the downtown area remains sloppy, unkept and neglected. The violations he found along Federal Highway included a broken sprinkler pipe at the end of Gateway that went into the sewer system, a six -foot weed growing out of a street sign across the street from City Hall and there are many dead trees. The City has an arborist that should monitor these problems. He suggested the staff and employees drive the City more often and then request any issues be addressed Doug Brueggermann, 713 SE 4 Street, complimented Vice Mayor Hay for his run during the 5K race. Mr. Brueggermann mentioned another area of sloppiness and litter is along Seacrest Boulevard from Woolbright Road to Boynton Beach Boulevard. He suggested garbage cans be placed at the bus stops to alleviate some of the problem Mr. Brueggermann was representing the Forest Park Neighborhood Association and invited everyone to the next monthly meeting to be held on February 19 at the First Presbyterian Church on SW 6th Avenue with pizza served beginning at 6.30 p.m His association would like to see the Seacrest beautification completed and the Old High School preserved. No one else coming forward, Mayor Taylor closed public audience 5. ADMINISTRATIVE 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion FEBRUARY 18, 2014 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student NN Financial Advisory Committee: 2 regulars and 1 alternate Golf Course Advisory Committee. 1 alternate Library Board: 2 alternates Recreation and Parks Board. 2 alternates Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates Commissioner Merker moved to appoint Christine Stella as a regular member of the Financial Advisory Committee. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously Motion Vice Mayor Hay nominated John (Jack) McVey to be appointed an alternate member of the Recreation and Parks Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 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 A. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the three (3) month period ended December 31, 2013. B. PROPOSED RESOLUTION NO. R14 -014 - Approve the update to the Building Division fee schedule; plan review and construction permit fee amendment. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Casello had pulled this item for discussion He noted it was great that this type of equipment could be obtained for the Police Department to assist in fighting crime and protecting the officers. He commended Chief Katz and the City Manager for seeking out these types of programs and keeping the technology current Motion FEBRUARY 18, 2014 C. Approve the vehicles /equipment submitted by Public Works /Fleet Maintenance for disposal. D. PROPOSED RESOLUTION NO. R14 -015 - Authorize the City Manager to enter into an Interlocal Agreement, between the City of Boynton Beach Police Department and Palm Beach County to reimburse the City up to $24,268 for the purchase of night vision and forensic lab equipment Palm Beach County received funding from Miami through the UASI (Urban Areas Security Initiative) grant Commissioner Casello moved to pass Proposed Resolution No. R14 -015. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R -14 -016 - Apply for Florida Department of Transportation (FDOT) Speed & Aggressive Driving grant and accept funding if awarded. The City is applying for $47,888 of funding. The funds will be used to purchase speed measuring devices and reimburse officers overtime to conduct traffic enforcement F. PROPOSED RESOLUTION NO. R14 -017 - Approve changes to the guidelines to the Commercial Interior Build -out Assistance Program and to the Commercial Rent Reimbursement Assistance Program G PROPOSED RESOLUTION NO. R14 -018 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2014 -2015 budget with the scope of professional services and specialized assistance in the amount of $17,500 and additional services, if needed. H. Approve a title change and reclassification of the Supervisor, Utilities Stormwater position to add Community Rating System (CRS) Coordinator duties and responsibilities 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 7. BIDS AND PURCHASES OVER $100,000 Vote Motion Vote FEBRUARY 18, 2014 I. Approve the minutes from the Special City Commission Workshop held on January 29, 2014 and the Regular City Commission meeting held on February 4, 2014 J. Accept the resignation of Gary Dunmyer, a regular member of the Financial Advisory Committee A. Approve a one -year extension for the "Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) ", Bid No. 026- 2821- 12 /JMA with Brenntag Mid -South Inc. of Orlando, FL. The estimated annual expenditure is $185,000.; the product will be ordered on an "As Needed" basis. This is the last extension as outlined in the bid documents. Motion Vice Mayor Hay moved to approve the one -year extension. Commissioner Casello seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R14 -019 - Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the construction of Regional Lift Station at Pence Park, Bid No. 018 - 2821- 14 /DJL in the amount of $1,078,074.62 plus a 10% contingency of $107,807.46, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $1,185,882.08. B & B Underground Contractors, Inc. was the lowest, most responsive, responsible bidder who met all the specifications. Commissioner Casello moved to approve Proposed Resolution No. R14 -019 Vice Mayor Hay seconded the motion. The motion passed unanimously. C Approve the purchase of new replacement vehicles as approved in the FY 2013/14 budget in the estimated amount of $3,305,195 and to approve 5 additional totaled /crashed units in the estimated amount of $122,013 for an estimated total of $3,427,208, by utilizing the following contracts; State of 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vice Mayor Hay moved to approve the purchase. Commissioner Merker seconded the motion Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A Approve negotiated settlement in case of Donnett Bennett v. City of Boynton Beach Motion Vice Mayor Hay moved to approve the settlement. Commissioner Casello seconded the motion Vote The motion passed unanimously. B. Approve negotiated settlement in case of Brooke Bosler v. City of Boynton Beach. Motion 7 Florida Contract #071 - 000 -14 -1, National IPA Contract #120535, Florida Sheriffs Association Contract #13 -11 -0904, Florida Sheriffs Association Contract #13 -21 -0904, and Florida Sheriffs Association Contract #11 -10 -1202 Vote The motion passed unanimously. 9. PUBLIC HEARING FEBRUARY 18, 2014 Vice Mayor Hay moved to approve the settlement. Commissioner Casello seconded the motion. Commissioner Casello inquired what the consequences were for the employees involved in the vehicular accidents. Ms. LaVerriere indicated if the employee is at fault there is progressive discipline taken. Both of the employees in the current cases are no longer City employees. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS FEBRUARY 18, 2014 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A PROPOSED ORDINANCE NO.14 -003 - FIRST READING - Approve for transmittal for state review amendments to the Comprehensive Plan Future Land Use, Transportation, Coastal Management, Public School Facilities and Intergovernmental Coordination Elements. Applicant: City- initiated Attorney Cherof read Proposed Ordinance No 14 -003 by title only, on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved to approve Ordinance No. 14 -003. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. PROPOSED ORDINANCE NO. 14 -002 - SECOND READING - Rescinding Ordinance 13 -014 - land use designation for 125 East Ocean Avenue - 3/18/2014 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL B. Award Police Facility architect and design contract and Task Order No. 1 for space needs update and preliminary cost estimate. 3 -4 -14 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 6 p m. ATTEST: (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) t M. Prainito, MMC Clerk dith A. Pyle, C eputy City Clerk 9 CITY OF BOYNTON BEACH Jerry FEBRUARY 18, 2014 aylor, Mayor i� . 1 oodrow L. Hay, Vice Mayor erk , Commissioner ichael Fitz •: trick, Commissio er 11 David e Casello, Commissioner