Loading...
Minutes 08-13-04 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, AUGUST 13, 2004 AT 10:00 A.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent Mayor Taylor called the meeting to order at 10:00 a.m. City Manager Bressner introduced Finance Director Bill Mummert. Commissioner McCray asked for some background information. Mr. Mummert said he worked in the school district of Pennsylvania for over 13 years as a Business Administrator. He was responsible for the day-to-day operations, transportation, cafeteria, technology, buildings and grounds. He has a master's degree and holds a CPA license. II. A. Informational Items by Members of the City Commission Commissioner McCray announced that the school board called to request funds for the athletes for $50 each. Commission discussion ensued regarding making an announcement in case the business community would like to continue contributing toward that fund. Currently there is $8,000 available. Mayor Taylor suggested creating a program whereas the children, for their own self-image would feel like they earned that $50. He suggested the school implement a program where children could do some activities on school grounds for 5 hours or maybe they could participate in the City's giant clean up in September that would earn them volunteer hours. City Manager Bressner said he would make the proper arrangements with the Principals and the Athletic Director of Recreation and Parks department. VI.A. 1. Agenda Preview Conference - July 30, 2004 Mayor Taylor made corrections to minutes to read Vice Mayor Ferguson called the meeting to order. V.I.B.3 Award the "BOAT CLUB PARK-RESTROOMS AND RENOVATION" Bid #074-2413-04/JA to SEABEE BUILDERS, INC. of Deerfield Beach, Florida, in the amount of $108,820.00, plus a contingency to be included for the total of $119,702.00 (PROPOSED RESOLUTION NO. R04) Commissioner Ensler requested that the funds be distributed to the two lowest bidders which would save the City $11,000. He questioned whether it was acceptable to split the award. City Manager Bressner said he would verify if that was feasible or not. City MeeUng Minutes Agenda Preview Conference Bovnton Beach, Florida Auou~ 13,2004 Manager Bressner questioned whether there was an issue with the Iow bidder in terms of the qualifications. Commissioner Ensler said they were both qualified. Mr. Majors noted that they were packaged together because of the better return on their investment. Bidding separately would not be cost effective. City Manager Bressner questioned whether staff would need to bid again. City Attorney Cherof noted that the award could not be split since everyone's bid was based on a combined project. Commissioner Ensler asked City Attorney Cherof to research the information and provide the Commission with a report on Tuesday. Vl.C.l. Proposed Resolution No. R04- Re: Approving negotiated renewal benefits and premiums for 2004-05 Health Insurance Coverage with Blue Cross/Blue Shield of Florida, MetLife Dental, and VisionCare, a prepaid vision benefit plan Commissioner Ensler requested an explanation of this item in regard to the dental increase. City Manager Bressner said it's a better plan and Assistant City Manager Wilfred Hawkins would provide the information by memorandum to the Commissioners. Vl.C.4. Proposed Resolution No. R04- Re: Authorizing the execution of the Urban Group's negotiated contract to purchase property owned by Eva M. Baker, located at 1401 NW 1St Street at the appraised fair market value of $79,200 and the relocation entitlement of $56,347 Commissioner McCray thanked staff in regard to the much-needed parcel for Wilson Park. Commissioner Ensler questioned whether the City or the CRA was paying for the property. He also questioned how the relocation entitlement of the $56,000 was computed. City Manager Bressner replied that the City was paying because it is a City project for the Wilson Center Park. Mr. Majors replied that the relocation entitlement is based on structured regimented procedures that are established throughout the Uniform Relocation Act. City Manager Bressner requested a one-page summary to show how the formula was applied to the property and what the benefits are. VI.J. Approving in concept the Greenway/Bikeway Plan Commissioner Ensler requested an explanation of what the Commissioners were approving and suggested that a draft resolution be provided to meet the intent of what the City wants to accomplish. City Manager Bressner questioned whether a resolution or motion was needed. City Attorney Cherof replied that a motion would be required in concept. VIII.A. Project: Agent: Owner: Location: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North 2 Meeting Minutes Agenda Preview Conference BovntQn Beach, FIQridp Auau~ 13,2004 Description: Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY20, 2004- TO BE HEARD ON 9-7-04) Mayor Taylor questioned whether there was a reason for this item to be tabled until September and who was the owner. City Attorney Cherof reported that he completed his review; therefore, the item was ready to move forward. Mr. Rumpf said he would verify if the notices went out. City Manager Bressner questioned whether the notifications were required or voluntary. Mr. Rumpf replied that the mailing is required whereas the site sign is not mandatory. Mayor Taylor asked whether there was a time certain for the signs to be posted and the duration. Mr. Rumpf said they post the signs as a courtesy to broadcast it more globally throughout the neighborhood. IX.A. 6/15/04) Proposed Lease Agreement with Boynton Woman's Club (TABLED ON Commissioners' discussion ensued regarding moving this item to "Future Agenda Items" with TBA. IX.B. READING) Solid Waste Ordinance Revisions (PROPOSED ORDINANCE ON IsT City Manager Bressner noted that this item was placed under City Manager's Report because there had been some discussions and this would give the public an opportunity to voice their concerns. Vice Mayor Ferguson questioned whether the $198,000 was a net cost to the budget or would the budget be in arrears without it. Mr. Livergood replied that the budget would be in arrears without the $198,000. Xl. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04) City Manager Bressner said this item should be placed under "Future Agenda Items" bearing "based on review by Planning & Development Board and CRA". Commissioner McCray noted that he would like this item to be placed on the agenda so that he would be able to vote on a final plan. VI.C.7. Proposed Resolution No. R04 Re: Authorizing the execution to accept the License Agreement with the Guided Path Academy to operate a Charter School at Wilson Recreation Center Meeting Minutes Agenda Preview Conference BQynton Beach, Florida Auqust13,2004 Mayor Taylor was concerned that the Commissioners were asked to vote on this item after the applicant moved into the Center. He requested the Legal Department to draft an ordinance prohibiting private for profit organizations to utilize City facilities. City Manager Bressner said this was brought to their attention at a City Commission meeting. Staff has since developed a license agreement with set procedures. The Legal Department feels that the license agreement was a better arrangement to better control the operation. The license agreement can be amended and can be used to cover some of the Commissioners' concerns. Vice Mayor Ferguson questioned whether the license agreement was for 6 months or 1 year. City Manager Bressner replied that it was for 6 months and expires in December. City Manager Bressner questioned whether they could apply for zoning clearances. Mr. Rumpf said the Notice of Intent is in effect and they cannot legally apply. Commissioner McCray said this was a way to get children off the street and to get them educated. Now, the Commissioners should work with staff to put something in place in the event other entities come forward. There would be some language in place to say, "such services are not allowed in public facilities". Commissioner Ensler questioned whether the license agreement covers the City's liabilities. City Manager Bressner replied yes, the City has the insurance certification that takes care of the indemnification. XII.A. 1 Proposed Ordinance No. 04-052 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend the definition of "Earning" to include unused vacation pay in the calculation of the normal retirement benefit for the General Employees' Pension Plan by specifically amending Section 18-118 of the Code of Ordinances (TABLED ON 7/20/04 City Manager Bressner asked if the Commissioners were ready to move forward. Commissioner Ensler said there are many things coming through on the pension and some should be part of the union negotiations. He also noted that he would like the person in charge of the union negotiations to review any request dealing with union as part of the overall union negotiation plans. City Manager Bressner was not in agreement because the union does not represent all the employees of the City. Xll.4. Proposed Ordinance No. 04-063 Re: Abandoning a portion of a 20-foot wide alley lying east of Lots 20, 21 and 22, and west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision (Boynton Seafood) XlI.5. Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8th Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) Meeting Minutes Agenda Preview Conference Boynton Be~¢h, Floridp Auau~ 13,2004 City Manager Bressner said staff is requesting these items be tabled for 30 days until further review. The agenda would be amended to show items tabled until September 21, 2004. XII.B.1. Proposed Ordinance No. 04-050 Re: Providing for a one- time opportunity for current members of the General Employees' Pension Plan to include their prior military service as creditable service toward a member's pension by purchasing service credits for such military service served by the member (TABLED ON 7/20/04 TO 8/17/04) Commission discussion ensued regarding the ordinance needing the word "active" in the definition before the word military. City Manager Bressner said since this is the first reading of the ordinance he would forward a draft to the Commissioners prior to the meeting that would reflect those changes. XlI.B.2. Proposed Ordinance No. 04-051 Re: Amending Chapter 18, Article II of the Code of Ordinances to amend Section 18-77 entitled "Creditable Service" to afford members of the General Employees' Pension Plan the opportunity to purchase creditable service for prior employment with the City or with another government entity (TABLED ON 7/20/04 TO 8/17/04) Commissioners required clarification of this item. The term "government entities" need to be defined. City Attorney Cherof said the definition that was put into the ordinance indicated any branches of the U.S. Military service. City Manager Bressner questioned whether the Commissioners had discretion to unilaterally make the changes or would they need to go back to the pension board and request that they review it. City Attorney Cherof said he would research the question and report back to the Commission. XlI.B.3. Proposed Ordinance No. 04 Re: Abandoning a portion of a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No. 2 Boynton Lakes (ABAN 04-006 - Boswell Place) Commissioner Ensler requested verification on how much of the alley would be abandoned. City Attorney Cherof noted that staff would be meeting on abandonments right after the meeting; therefore, they would review this item. Commission Comment Commissioner McCray reminded staff to continue to educate the public to remove doors from refrigerators and stoves before they placed them at the curb for bulk pick-up. Meeting Minutes Agenda Preview Conference BQyntQn Beach, FIQrida XlV. Adjournment Auou~ 13,2004 There being no further business to be discussed, the Agenda Preview Conference properly adjourned at 10:50 a.m. ATTEST: Deputy City Clerk (One tape - 081304) CITY OF BOYNTON BEACH ~ayor .,I ,,Y CommiS'~i'o)~r -:...:---. :, ~ .:.~5~ ...... ~: ~: ~:: . I -.~ ..........