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Minutes 11-03-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD AT BOYNTON BEACH FIRE STATION #3 ON FRIDAY NOVEMBER 3, 2006 AT 10:00 A.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Mike Ferguson, Commissioner CALL TO ORDER: Mayor Taylor called the meeting to order at 10:00 a.m. Commissioner Ensler requested that Commissioner-Elect Jose Rodriguez be permitted to sit at the dais. Commissioner McCray objected because the election had not been held and Commissioner Ferguson remained the Commissioner for District III until Commissioner-Elect Rodriguez would be sworn into office. Commissioner-Elect Rodriguez advised he was content to sit in the audience for the meeting. I.D.l Additions, Deletions, Corrections Mayor Taylor noted there would be an addition under XI. New Business for the selection of voting delegates for the National League of Cities Congress to be held in Reno, Nevada. There were no other additions, deletions or corrections to the agenda. II.A. Informational Items by Members of the City Commission Commissioner McCray had concerns regarding the Police Department cruisers parking illegally at City Hall when the citizens would be ticketed. Chief Immler assured Commissioner McCray he would direct the cruisers be parked in the designated parking areas when available. V.A. Appointments to be made: Mayor Taylor advised he would follow the procedure of asking if there were any appointments to be made rather than going through the entire list individually. Meeting Minutes Agenda Preview Conference Boynton Beach, FL November 3, 2006 VI.B.l Approve a custodial services agreement with RESPECT OF FLORIDA for the East Water Treatment Plant in the amount of $17,438.46 and the Utilities Administrative Building in the amount of $28,303.41 with a total expenditure of $45,741.87. (Proposed Resolution No. R06-) Commissioner McCray requested clarification on the need for the expenditure. Peter Mazzella,' Deputy Director of Utilities, summarized the actual tasks to be completed under the contract for the East Water Plant and the Administration building. Commissioner McCray questioned if staff could perform the duties and be more cost effective. Mayor Taylor pointed out Respect of Florida worked with the handicapped and disabled offering employment. Commissioner McCray remained concerned with the rationale for the expenditure. VI.B.2. Award the "INSTALLATION OF VOICE AND DATA WIRING IN THE LIBRARY" BID #070-2610-06/JA, to CONVERGED SOLUTION 80. SERVICES of DELRAY BEACH, FL., in the amount of $24,999. Commissioner McCray requested clarification of the data wiring and its use. Mr. Bressner explained it was the cabling for the network infrastructure for the computers and phones. Mr. Hawkins, Assistant City Manager, added it was the backbone for all the computer wiring. Commissioner McCray advised he would have more comments at the meeting. Commissioner Ensler inquired about the furniture for the Library. Mr. Bressner replied the agenda item relating to furniture would be on the next agenda. VI.B.3. Approve a contract for Bid #001-2413-07/CJD CONSTRUCTION OF WILSON PARK to West Construction, Inc. of Lake Worth, FL in the amount of $6,189,000 with a contingency of $618,900 for a total expenditure of $6,807,900. (proposed Resolution No. R06-) Commissioner Ensler questioned the experience of the contractor and requested the following data relating to the Phil Foster Park, Logger's Run Park and Wellington Gymnasium projects: . Original contract price . Initial date of the contract . Final contract price . Compliance with projected completion date . Subcontractor pricing changes . Explanation of any difference in original and final contract cost. Mr. Bressner directed the information should be obtained from Kimley Horn prior to the meeting for distribution to the entire Commission. Commissioner McCray advised he shared Commissioner Ensler's concerns. Commissioner Ensler suggested language be added to the contract to define the time allowed the City for review. Attorney Cherof felt it would be better to use an administrative directive rather than a contractual obligation. Mr. Bressner advised the permits had been obtained and the project was ready to proceed. 2 Meeting Minutes Agenda Preview Conference Boynton Beach, FL November 3, 2006 Commissioner Ensler pointed out the name of the project engineer and project manager should be included along with the responsibilities and duties for each designation. Mr. Bressner agreed. It was agreed that the master set of drawings should be stamped on each page by the City Clerk to reflect the plans at the time of the approval of the contract. Attorney Cherof would work with the City Clerk to devise an identification system for all master plans. VI.C.3. proposed Resolution No. R06- RE: Approving the dedication of right-of-way on NE 11th Avenue and Railroad Avenue from the Delray-Boynton Academy to the City of Boynton Beach via a Right-of- Way Acquisition Agreement. Commissioner McCray requested further clarification. Mr. Bressner explained it involved an additional 10 foot right-of-way dedication for public use on Railroad Avenue. VI.E. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow selling of the same. Commissioner McCray inquired if a minimum amount of recovery was anticipated. Bobby Jenkins, Assistant Finance Director, agreed to provide the information. Mayor Taylor questioned the four, 2006 Harley Davidson motorcycles that were listed to be sold. Chief Immler explained a fee had been established with Harley Davidson in 1999 of $2500 per motorcycle for the yearly replacement of the motorcycles as opposed to the $18,000 contract price. IX.A. Schedule of all development fees and when payment is due Commissioner Ensler suggested the item be tabled to the next meeting so all the information previously requested could be supplied. X. FUTURE AGENDA ITEMS: Commissioner Ensler suggested the increase in time for site plan approval should be expedited and added an item to the future agenda. Commissioner-Elect Rodriguez commented the change should only pertain to new site plans and extensions. Commissioner Ensler speculated the increase in the homestead exemption on the upcoming ballot would impact the revenue for the City of Boynton Beach. Mr. Bressner noted a legislative act by the City and/or County would still be required XI. NEW BUSINESS: Mayor Taylor pointed out the selection of voting delegates to the National League of Cities Congress would be added. Vice Mayor McKoy and Commissioner McCray would be attending. 3 Meeting Minutes Agenda Preview Conference Boynton Beach, FL November 3, 2006 XII.C.l. proposed Ordinance No. 06- RE: Amending Chapter 2 of the City of Boynton Beach Code of Ordinances, creating Article XV, entitled "Voting by Board Members" providing for abstention from voting by board members with conflicts of interest and disclosure of conflicts of interest by board members. Commissioner Ensler suggested a definition of "relative" should be included. Attorney Cherof advised the definition would be a policy decision for the Commission. Commissioner Ensler felt the State requirements were far from adequate. He suggested the definition should include spouse, children, parents, grandparents and grandchildren. Commissioner Ensler also felt the definition of "agent" should be more clearly set forth. Attorney Cherof again noted it would be a policy decision for the Commission. Commissioner McCray agreed the ordinance as written was too vague. Commissioner Ensler also suggested the parameters of the gift disclosure form should be included for clarity. Attorney Cherof agreed the State Statute could be cross referenced. Commissioner Ensler contended the adviSOry boards listed should include the Community Redevelopment Agency (CRA). He also felt the ordinance should indicate an alternate could be substituted during the regular member's recusal. Attorney Cherof agreed to make the necessary changes and bring the revised ordinance back before the Commission. XII.C.3. Proposed Ordinance No. 06- RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005 and providing that the art fee is payable as a condition of issuance of the first Certificate of Occupancy. Mayor Taylor advised there was a short presentation available showing various forms of public art. Commissioner Ensler would be discussing the difference between architects and artists and the use of the funds. Commissioner McCray contended the Arts Commission was in place and the Commission should be guided by their decisions. XII.D.l XII.D.2. Proposed Resolution No. R06-176 authorizing the proposed adjustments development and related applications. RE: Approving and to the fee schedule for Proposed Resolution No. R06-177 RE: Approving and authorizing the proposed fee additions and adjustments for building permits 4 Meeting Minutes Agenda Preview Conference Boynton Beach, FL November 3, 2006 Commissioner Ensler suggested both items be postponed along with the schedule of fees so the entire issue could be resolved at one time. He requested comparable information from other municipalities be provided. Mr. Bressner stressed the resolutions should move forward and all the information had been provided. Commissioner Ensler agreed. XI.E. Other: Commissioner McCray thanked Commissioner-Elect Rodriguez for attending and participating in the meeting. XIII.A. Ocean 95 Exchange Plaza / NWSP 06-020 Mr. Bressner explained the item had been included on the agenda for reconsideration at the request of one of the Commissioners based on the request of a resident. The notification of the residents was a concern. Commissioner Ensler noted a vote would be needed to reconsider the matter. Mayor Taylor suggested if many residents were present, the item should be moved forward on the agenda. Commissioner McCray noted he had questioned the notification process at the time of approval. Attorney Cherof explained the procedure currently in place. Mr. Bressner stressed the developer was moving forward with an approved site plan. Attorney Cherof requested the developer be informed that a motion for reconsideration would be heard and he would be proceeding at his risk at this juncture until the motion is resolved. Commissioner-Elect Rodriguez commented the area was in his district and he would request a motion for reconsideration also. Debby Coles-Dobay gave a presentation of examples of public art. It featured architectural elements, functional art, buildings, stained glass windows, fountains, pavers designs, statutes, lighting and much more. Commissioner McCray was disappointed that the public art currently in Boynton Beach was not featured and documented. Commissioner Ensler asked that ineligible costs in the ordinance be reviewed. Mayor Taylor suggested the City should be exempt from paying the public art fee, especially the 30% fee. Commissioner McCray felt the City should lead by example. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 11:16 a.m. 5 Meeting Minutes Agenda Preview Conference Boynton Beach, FL November 3, 2006 CITY OF BOYNTON BEACH Yn. A J;~!!f;7 . _= --=-.- r' - . " Vi~e-rdayoKqtrL~. ,.oY (.......... ;. ,/ tv {L CommiS5ioher~ .Ro _.......---,./.(...- (, ..~-=Z~er -~ccray .. // Commissioner - Jose Rodrigue ATTEST: _ c:-".'---~~.:- ;:;.:;. _'-:..._"') ,,"'. cA. ( l.t(/ (.,. //i .I." J h A. Pyle ,<. eputy City Clerk (110906) 6