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Minutes 09-17-04MI'NUTES OF THE AGENDA PREVt'EW CONFERENCE HELD t'N COMMt'SSt'ON CHAMBERS, CI'TY HALL, BOYNTON BEACH, FLORt'DA ON FRi'DAY~ SEPTEMBER 17, 2004 AT 10:00 A.M. Present Jerry Taylor, Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Absent Mike Ferguson, Vice Mayor Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Taylor called the meeting to order at 10:00 a.m. II.A. Informational Items by Members of the City Commission Commissioner McCray commented about a perception on the part of certain citizens that the City should have been more visible during and after Hurricane Frances. Mayor Taylor believed it was more important to work behind the scenes making sure that the Emergency Plan was being carried out properly than to appear on television. However, he was open to suggestions or recommendations about ways to improve the City's Plan. There was general agreement that the City's Emergency Plan had worked very well during this event and that the Plan should be reviewed and critiqued in light of the things that were learned during Hurricane Frances. City Manager Bressner stated that the role and function of City officials, both elected and staff, had to be discussed and made a part of the Plan. City IVlanager Bressner indicated that a Resolution of thanks was being prepared for all the "Hurricane Heroes" that had done such an outstanding job. City Manager Bressner distributed the latest track for Tropical Storm Jeanne and said it should be closely watched over the weekend. I[I.C.1.A. National POW/MIA Recognition Day Commissioner Ensler requested that a moment of silence be observed either before or after the reading of the Proclamation. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida September 17, 2004 VI.B.1. Award the Contract for "THE EXPANSION/REMODEL OF THE LTBRARY" Bid #017-1610-04/C3D to: SESSOMS CONSTRUCTION COMPANY, INC. of Hollywood, Florida in the amount of $5,727,485.00 plus a project contingency of $100,000.00 (PROPOSED RESOLUTION NO. R04-158) (Tabled on 09/07/04) Commissioner McCray confirmed that a representative from Sessoms Construction Company would be present at the meeting to answer questions from the public. Mr. Sam Ferrera, architect for the project, distributed some supplemental information to the Commissioners. Mr. Ferrera commented that in response to a question he had received, the Library addition had been designed to withstand hurricane winds of 145 miles per hour. Commissioner Ensler asked if "consequential damages" were a part of the construction contract to cover a hurricane during construction. Attorney Cherof believed that the City's insurance would cover any such event. City Manager Bressner will ask the Risk Manager to inquire about interim construction insurance as well. Mr. Ferrera stated that they were going to build the new addition first, put a roof on it, and move materials from the existing library to the new addition. There would never be a time when they were re-roofing over the book collection or the Library furniture. Mr. Ferrera spoke of the benefit of having a generator at the Library since continuing humidity following a storm could damage the books. He had asked the engineers to provide a plan for the generator and transfer switch and believed they would have this completed in about three weeks. City Manager Bressner believed that this could be covered by the contingency built in to the bid and that it was not a reason to hold off on awarding the bid. Commissioner Ensler inquired about the fluid membrane for $10K. Mr. Ferrera stated that the bid had included re-roofing the old building using a built-up roofing product that met Dade County's standards. The fluid membrane would be in areas that had the metal roof. He spoke of mopping with asphalt there so if the metal roof leaked, an additional layer of safety could be maintained. Commissioner Ensler asked Attorney Cherof if the multiple warranties needed to be reviewed to be sure that the City's rights were covered. Attorney Cherof stated that the warranty clauses had been reviewed and found to be adequate and enforceable. The review did not cover the length of time for the warranties, which he assumed were adequate. Mr. Ferrera was working on a summary of the various warranties involved and offered to deliver that to the Commissioners before the meeting on September 21. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida September 17~ 2004 Commissioner Ensler asked if a review had taken place concerning the finances of the construction company. Attorney Cherof explained the details of the Legal Department's review of this matter. None of the principals had been involved as a plaintiff or defendant in Palm Beach or Broward Counties for quite some time. He stated that this was a remarkable achievement in the construction industry. Commissioner McCray asked Attorney Cherof if the Legal Department reviewed all contracts for the City. Attorney Cherof stated that the base contract had originally been drafted by the Legal Department for all City construction projects to provide the greatest amount of protection to the City as owner. They review it all the time to be certain that no modifications had been made. They also review all of the supplemental documentation starting with the original bid document, all of the general and special conditions, all the warranty documents, and all of the exhibits that are attached. VI.C.1 Proposed Resolution No. R04-159 Re: Authorizing the execution of an agreement with The Palm Beach Post to institute a branding and sponsorship campaign for recreation and parks. Mayor Taylor asked for an explanation of this item. City Manager Bressner responded that in exchange for the privilege of having its name on various City facilities for a period of time, The Palm Beach Post would act as a funding source for recreation and park programs. Commissioner Ensler was concerned about the exclusivity issue, but was reassured that the exclusivity was only for the venues listed and that there would be many opportunities for the Sun-Sent/ne/to do the same thing. City Manager Bressner was pleased at the ingenuity shown by the Recreation & Parks Department staff in finding ways to fund their programs. Ms. Shea explained that the City was receiving $70K of in-kind advertising from The Palm Beach Post for various programs via one-quarter page newspaper ads. Commissioner Ensler confirmed with Ms. Shea that the City had approval rights on all of the items to make certain that they were appropriate and in good taste. A question arose about whether all of the City's legal advertising was done through The Palm Beach Post. Since the Sun Sent/ne/recently announced countywide coverage, it was thought that a fee comparison would be in order. VI.C.2 Proposed Resolution No. R04-160 Re: Supporting a referendum to be held on November 2, 2004 for the levy of a discretionary half cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. 3 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida September 17, 2004 Commissioner McCray expressed concern about Galaxy Elementary and its urgent need for repairs. He wondered how many schools in Boynton Beach would be affected by this proposed tax and specifically the older schools. City Manager Bressner will provide more information to the Commissioners before the September 21 meeting, including whether Galaxy Elementary had been moved ahead on the list. VZ.C.5. Proposed Resolution No. R04-163 Re: Authorizing the execution of Task Order No. U04-6-01, in the amount of $176,200.00 to Craig A. Smith and Associates (CAS) to provide professional technical services to develop the initial working model of a new, working Utility Atlas for the City's service area. City Manager Bressner stated that he had requested that this item be pulled from the agenda to allow further review by staff. VI.C.8 Proposed Resolution No. R04-166 Re: Authorizing the execution of the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the Leisureville/Woolbright Place park site. Commissioner Ensler inquired whether anyone from staff had spoken to the affected homeowner associations. Mr. Wildner remarked that staff had spoken to the neighbors surrounding the park but not the homeowners associations specifically. Commissioner Ensler asked if this could be done and Mr. Wildner agreed to do so. V~.E.1. Edward Medical Office (NWSP 04-012) - 3908 North Federal Highway, Delray Beach, (unincorporated) Request for new site plan for an 11,957 square foot medical office building in a proposed C-3 zoning district. City Manager Bressner requested that this item be merged with the Public Hearing items. Commissioner Ensler stated that it had been tabled by the CRA for additional action and should not be on the agenda at all. VZ.H. Authorization to transfer $53,140.00 from account number 001- 1211-512-99-01 (Contingency) to account number 001-1610-513-31-20 (Physician's Exam) to cover the outstanding charges and provide funding for physician's exams through the end of fiscal year. Mayor Taylor asked for the total amount of money budgeted for this item and why there was such a shortage. City Manager Bressner asked if bids had been obtained for the cost of physical exams, noting that there had been a problem with this the previous year. 4 Meeting Minutes Agenda Preview Conference Boynton Beach~ Florida September 17, 2004 Assistant City Manager Hawkins responded that there were two parts to this: 1) increased use and 2) the small budget of Human Resources. :Instead of about 40% of the Police and Fire taking advantage of their contract privilege of an annual physical and heart stress test, about 95% had done so. Also, the budgeting was from Human Resources, who had budgeted based on the last trend analysis. Because of the very large increase in usage, they were caught short. The Police and Fire had not budgeted for this at all and this was a policy issue that could be addressed. City Manager Bressner said that a breakdown of the pre-employment physicals as opposed to the Police and Fire physicals had to be prepared to get an idea of the true percentage involved. ]:f there had indeed been such a high increase, he thought that the operating departments might need to include this in their base budgets. Assistant City Manager Hawkins commented that the particular doctor involved was one that the Police and Fire both liked and that this had probably contributed to the increase in use also. Mayor Taylor was in favor of physicals and stress tests for public safety employees but thought that a budgeting discussion was in order. Commissioner Ensler inquired whether the City's health insurance covered an annual physical, and was advised that it did not. VI.I. Authorize the use of Community :[nvestment Funds by Mayor Taylor, Vice Mayor Ferguson and Commissioner Ensler. Since Commissioner McKoy had turned in an item that would have been item "K", Commissioner McCray asked that it be merged with the current 'T' and City Manager Bressner agreed. City Manager Bressner directed the Clerk's office to identify in parenthesis the agency and item for each Commissioner. V~:~:Z.A. Lake Drive North request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision. Attorney Cherof stated that the recommendation was to proceed with the abandonment, since there was no legal prohibition to it. ]:t was a matter of policy to decide whether this strip of land served a public purpose and this would be determined from the testimony of the people in the neighborhood of the proposed abandonment. Commissioner Ensler's view was that although the City could legally abandon this property, it should consider the people who lived there who had been using it. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida September :~7, 2004 Mayor Taylor believed that if people had been using this property for ingress and egress for many years, they had developed a "right" to continue doing so. Attorney Cherof stated that the deeds of some of the residents actually addressed their rights to access the ][ntracoastal Waterway via this walkway. ~[f the walkway were not abandoned, there was an inherent maintenance obligation on the part of the City. City Manager Bressner thought that a Commissioner should ask the petitioner why he wanted this abandonment. VITI.B. Edward Medical Office Building request for annexation of 0.72- acre partially developed lot located in unincorporated Palm County. City Manager Bressner suggested that a Commissioner inquire about a billboard that had been on this property. He explained that in the past, he had administratively advised the petitioner that while the petitioner could request the annexation, he could not give a recommendation in favor of it due to the billboard on the property. Mr. Bressner advised the petitioner that he would have to have the billboard removed prior to annexation. This could have had an effect on other properties in the City who might also want billboards. At that time, there was a long-term lease on the billboard and it did not seem possible. Now, he understood that the sign was down except for one pole. The petitioner had a letter indicating that he had bought out the lease or somehow satisfied the terms of the lease. When he bought the property the billboard lease came with the property and he did not realize that the City would have an objection to that. City Manager Bressner thought it would be prudent for a Commissioner to ask the petitioner the scope and nature of the release. Also, he asked that Legal review the document very carefully to make sure that it was properly executed and would not allow the billboard manufacturer to come back after the property was annexed and put a billboard up. Commissioner Ensler asked if Legal could review this before the meeting on September 21 and Attorney Cherof agreed to do so. VI~. PUBLTC HEAR?NG City Manager Bressner asked that the Annexation and Land Use items for Edward Hany be heard together as well as the Annexation and Land Use for Gulfstream Gardens. Attorney Cherof stated that they could be consolidated for public hearing purposes. XTI.A.:~ Proposed Ordinance No. 04-063 - Abandonment for Boynton Seafood. 6 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida September 17, 2004 Mr. Rumpf stated that the applicant was working on the easement that had to go along with this and that they wanted to give them as much time as possible to produce it. XII.A.2 Proposed Ordinance No. 04-064 - Abandonment in Boynton Hills Subdivision Mr. Rumpf requested that this be tabled until October 19, 2004 to allow the City time to do the easement paperwork. XII.A.5 Proposed Ordinance No. 04-076 - Abandonment requested by 3anis Group Mr. Rumpf recommended that this item be tabled until October 19, 2004 also. XII.A.6 Proposed Ordinance No. 04-077 - Amending Quantum Park NOPC Mr. Rumpf recommended that this item be tabled until October 4, 2004. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 10:53 a.m. AI-I'EST: Recording Secretary (092004) CITY OF BOYNTON BEACH ' S:\CC\WP\MINUTES\COMM\Year 2004\091704 agenda preview.doc 7