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Minutes 06-15-07 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS ON FRIDAY, JUNE 15, 2007 AT 9:00 A.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner William Bingham, Fire Chief James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk CALL TO ORDER Mayor Taylor called the meeting to order at 8:59 am. 1.D.l. Additions, Deletions, Corrections Commissioner McCray requested City Manager Bressner give a report on the action taken by the legislature regarding property taxes and the fiscal impact it would have on the City budget. This item would be added as Item IX.B, City Manager's Report. Commissioner Weiland requested three items be added to VI. Consent Agenda, from his discretionary funds. First, he announced he wanted to donate $2,250 for the YMCA Recreation program. Secondly he was interested in donating $2,250 for a program formed through the Easter Seals called "Wheels for Kids". Commissioner Weiland noted there were six or seven students at Boynton Beach Community High School that are disabled and attend a camp, similar to the Boundless Playground. He provided backup information to the City Clerk and assured the board the rest of the information would be provided by Monday. These items would be added as Items VI.J and K under Consent Agenda. His third request was to have a discussion about transferring the current CRA Board responsibility to City Commission. This item would be discussed to New Business as XI.A. Vice Mayor Rodriguez wanted to add: Discussion of the current water surcharge as it impacted businesses that were 100% water reliant to maintain a profit. Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 He also requested the issue of Chickee Huts be added. He reported an ordinance was supposed to revise and clarify this issue and he had been receiving calls about the issue. This item would be added under IX. City Manager's Report as Item B. Fire Chief Bingham reported City Hall would be closed in order to install the transfer switch for an emergency generator. All other City facilities would be open. Commissioner McKoy inquired how the closure would affect hourly employees. Chief Bingham responded hour adjustments had been made within each respective department. This item would be announced as Item III.A.2. Announcements. III.A.l. Salute to Independence Commissioner McCray asked for the entire price for the event. Kathy Biscuti, CRA Special Event Manager, responded the total price would be $52K. The Town of Ocean Ridge donated $5K. The Palm Beach Post donated $lK and the CRA was donating between $4K and $5K. The City cost was approximately $40K. Ms. Biscuti would put the information in writing. She also explained they got the fireworks for $10K below regular price due to a former relationship. VI.4. Approve a piggyback of General Services Administration (GSA) Contract No. GS-07F- 9491 with Godwin Pumps of America, Inc. for the purchase of three (3) New Bypass Pumps to be located at Lift Station No. 603, Leisureville; Lift Station No. 808 in Cypress Creek and Lift Station No. 806 in Hunters Run for the total amount of $94,164.90. Commissioner McCray wanted to know the total number of pumps the City currently had since they were acquiring three new bypass pumps. Kofi Boateng, Utilities Director, would forward that information to Commissioner McCray before the meeting. VI.S. Approve emergency replacement of Public Works Vehicle 1089 (Refuse Truck) for an estimated cost of $197,014. Commissioner McCray thought the item should show the City cost was only $1,000. Mayor Taylor noted Commissioner McCray could pull the item and he could make that announcement. VI.6. Approve the negotiation of a contract with Miller Legg of West Palm Beach, FL for the RFQ: "THE REPLACEMENT OF OCEANFRONT PARK BOARDWALK; CONSTRUCTION OF JAYCEE PARK BOARDWALK AND CONSTRUCTION IMPROVEMENTS AT BOAT CLUB PARK," RFQ #040-2730-07/CJD. Mayor Taylor announced he wanted to ensure the seats along the boardwalk had covers. He explained many elderly residents cannot sit out in the sun. 2 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 Wally Majors, Recreation and Parks Director, explained they were only requesting permission to enter negotiations. As they moved forward, they would include that in discussions and in the scope of services. Commissioner McCray noted this was budgeted under Engineering Services. Mr. Majors clarified they were trying to negotiate a contract with an engineering consulting firm that would prepare construction designs for the projects. VI.7. Approve a piggyback of Collier County, FL contract number 06-3350 and U.S. Filter Wastewater Group, Inc. (Siemens Water Technologies) to purchase two (2) Biofilters, which are used for odor control in the wastewater collection system, in the amount of $79,707. Commissioner McCray asked why the item specified 12 months and 18 months. Mr. Boating explained the 12 months was based on the time after the City has accepted the equipment. The 18 months was based on the time the equipment is shipped to the City. Mr. Boateng clarified this was standard practice. VI.8. Award a contract for RFP #037-2821-07/CJD, "SCADA AND TELEMETRY SYSTEM GOODS AND SERVICES" to DcR Engineering, Inc. of Lakeland, Fl. for an estimated expenditure of $2M - $2.SM over a two (2) year period. (Proposed Resolution No. R07-) Commissioner McCray pulled this item. He explained the item had to be broken down in layman's terms. Michael Low, Deputy Utilities Director, explained the contract pertained to the wells where they had control equipment that were remote from central locations. There was radio communications taking place between the East and West plants to control what was occurring there at anytime of the day or night. VI.9. Award a contract for RFQ #21-1210-07/CJD to APPLIED TECHNOLOGIES AND MANAGEMENT OF West Palm Beach, FL in an amount not to exceed $122,500 for the purpose of studying the Boynton Inlet. The South Florida Water Management District will reimburse all study costs. (Proposed Resolution No. R07-) Mayor Taylor commented these monies are reimbursed by the Florida Water Management District. Commissioner McCray inquired if the contract was an open-ended contract or had a time certain end date. Jeff Livergood, Director of Public Works and Engineering, reported they should have the final study complete in about 6 months. VI.l0 Approve the negotiation of a contract with Glatting &. Jackson of West Palm Beach for the "LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR 3 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS PLAYGROUND", RFQ #028-2730-07/CJD. Glatting &. Jackson is an architectural firm with barrier- free design experience for the construction drawings, permitting and project management of Congress Community Park and Boundless Playground. Commissioner McCray inquired, over and above the $2.5M for the park, whether the fundraising sta rted. Jody Rivers, Park Superintendent, reported the fundraising feasibility study would be completed in about a month and would indicate whether the fundraising campaign was feasible. They felt there would be a positive finding and at that point they could begin fundraising to supplement the $2.5M. Vice Mayor Rodriguez requested an update be given. Ms. Rivers advised she would be meeting Charlotte Pelton who was doing the fundraising and would forward those findings to him at that time. VI.C.1. Proposed Resolution No. R07-0S7 RE: Approving and authorizing execution of Task Order No. U07-1-1 with Arcadis U.S., Inc., to provide engineering services related to the East Water Treatment Plant chlorine conversion project in the amount of $67,634. (Tabled to June 19th, 2007) (Staff requests tabling to July 3, 2007) Commissioner McCray asked why the tabling of this item was extended. Mr. Boateng explained the City Commission had previously requested staff develop an approach to install an onsite chlorine generation system at the East Plant and avoid the interim bulk system that was also previously proposed for approval. The engineering design and much of the data needed to develop a task order was taking longer than expected. VI.C.2. Proposed Resolution No. R07- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with John Combs and Glenna Combs for the property at 1048 S. Ridge Rd., Lantana, FL (Ridge Grove Lot 25). Commissioner McKoy requested information on what the County was doing in that area. He noted there was County activity in that area, and he had been in conversation with an individual interested in developing property there. Commissioner McKoy was concerned about the ability of development to occur in that area. Mr. Boateng responded he would contact the County about exactly what was occurring. Presently, any information he had was cursory. This information would be forward by Tuesday. VI.C.3. Proposed Resolution No. R07- RE: Approving the Registration Agreement with Boundless Playgrounds, Inc., that will allow Boundless Playgrounds, Inc. to provide materials and services to support the development of a configuration of playground equipment and surfacing 4 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 that enables children with and without disabilities to interact and play together. The agreement carries a fee of $1,795. Commissioner McCray requested confirmation this applied to the Boundless Playground only. Mr. Majors responded it was. VI.C.4. Proposed Resolution No. R07- RE: Approving an inventory of vacant City owned property appropriate for use as affordable housing. Commissioner McCray had a question about the location of a parcel listed as item number 6 on the agenda item backup. Nancy Byrne, Assistant Development Director announced she would forward a more defined location where that parcel was located. VI.C.S. Proposed Resolution No. R07- RE: Approving and authorizing the implementation and build of the Eternal Flame Memorial Public Art project proposed for Bicentennial Park. Commissioner McCray inquired about how the Eternal Flame would be fueled. Debby Coles-Dobay, Public Art Administrator responded the flame was a water mist with different colored lights reflected off the mist. Mayor Taylor questioned if the Eternal Flame would be incorporated with the Veterans Memorial for one memorial park and not two. He had heard different plans and wanted to ensure the item would be coordinated with the Veterans and the parties were on the same page. Ms. Coles-Dobay explained the plan was to incorporate memorials from Intracoastal Park and put them in one location. The Veterans Commission, Recreation and Parks Board and the Arts Commission were all in agreement to locate the Eternal Flame Memorial plus all the other memorials at Bicentennial Park. She reported this item was created for the Veterans, but was also aware the Veterans did have a separate project they were looking to include in the master planning for the park. That project was comprised of six plaques, representative of the different branches of the Armed Forces. Chuck Magazine, Veterans Advisory Commission Board Liaison, reported the Veterans have found a memorial they wanted to place and fund in the City, at a separate location. Staff reviewed the issue and would bring forth the recommendations made by the Arts Commission, the Recreation and Parks Board and the original approval by the Veterans Advisory Commission. Staff felt another memorial would be redundant to the Eternal Flame. Mr. Magazine advised some of the Veterans Advisory Commission Board members might attend the meeting on Tuesday night and offer an additional memorial. The Veterans were in favor of the Eternal Flame but they want to have another memorial that they would fund on another City site, presumably Veterans Park. He advised it would be a policy decision of the City Commission to decide whether there would be one or two memorials. 5 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 Mayor Taylor had heard differently and summarized, the Veterans were very happy to do the memorial at the park. The Commission wanted to combine the parks together and the Veterans had the money to help pay for it. Mayor Taylor pointed out that was where the confusion was and they need one memorial. Commissioner McCray requested confirmation they would have everything at Bicentennial Park or whether it would be discussed Tuesday night. Mayor Taylor confirmed it would be discussed. VI.D. Approve donations to the Juvenile Transition Authority in the amount of $6,500, the Boy Scouts of America in the amount of $5,000 and to MAD DADS of Greater Boynton Beach in the amount of $5,000 from the Police Department's Law Enforcement Trust Fund, established pursuant to Florida State Statute 932.7055. Commissioner McKoy noted the name of the first entity should be the Juvenile Transition Center. Vice Mayor Rodrigeuz asked for total allocations of the Police Department's Law Enforcement Trust Fund's. Matt Immler, Police Chief, explained there was no allocation; rather monies come from mostly drug forfeitures and the sale of items used in the commission of those types of crimes. City Attorney Cherof explained the use of the funds were restricted by law for specific approval that required review of the Police Chief and the City Commission. Commissioner McCray requested a list of who could solicit funds. Attorney Cherof also noted there was no time restriction on expenditure of the funds within a fiscal year. The unused funds rolled over into the next fiscal year. VI.G. Approve the initiation of the process to name the newly developed Southeast Neighborhood Park in honor of Betty Thomas. The estimated cost of a sign is $5,000. Commissioner McCray announced he thought this was long overdue for Ms. Thomas and he would make an announcement at the meeting to that effect. Mayor Taylor also questioned the amount of the sign. Mr. Majors explained the sign was a monument sign, to bring consistency of signs used at the various parks. He referenced this sign was similar to the one used at Intracoastal Park. The cost also included labor and permits and could possibly be less expensive. Commissioner McKoy expressed he wanted to review the procedure used to name parks. He wanted to ensure the process used was outlined in the ordinance. Mr. Majors explained the requested approval only allowed them to initiate that process. The advisory board would then handle the process to review the issue. 6 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 VI.H. Approve a Statement of Work with Dell Marketing L.P. for the purchase of the Dell/EMC Storage Area Network (SAN) in the amount of $178,852.32. Commissioner McCray questioned the price of the equipment. He noted from the backup the equipment was less than half the price, and was being supplied via state contract. John McNally, ITS Manager, explained the vendor has the ability to offer equipment at the State price and add further discounts, which is what they had done. Mr. McNally did extensive research on this product meeting the needs of the City and Mr. McNally was comfortable the equipment would meet that need. VI.I. Approve Change Order #4 accepting pool building revisions on the WILSON PARK COMPLEX project in the amount of $91,369.98. This proposed change will be considered a component of the contingency allowance approved by the Commission when awarding the original contract to West Construction, Inc. Commissioner McCray requested this item be broken down into layman terms. Jeff Livergood, Public Works Director, explained when the project was awarded, there was much concern about the scope and cost of the project. A number of changes were made in the bid document minimizing the amount of work. Vice Mayor Rodriguez asked if this was the first time they were tapping into the $600K Contingency Fund. Mr. Livergood explained they had tapped into it for some minor amounts previously. VIII. A. Project: Agent: Owner: Location: Description: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Applicant requests postponement to July 17, 2007) Commissioner McCray asked why this item was receiving a second site plan time extension. Mike Rumpf, Planning and Zoning Director, explained it had to do with the market. The finishing touches of the project had also caused delays. VIII.B. Project: Agent: Owner: Location: Description: BOYNTON BEACH LOFTS (SPTE 07-007) Bradley Miller, Miller Land Planning Consultants James A. Seifertl Addison Properties of South Florida, Inc. 623 South Federal Highway Request for a second one (1) year site plan time extension for site plan (NWSP 05-008) and height 7 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 exception (HTEX 05-001) originally approved on April 19, 2005, from April 19, 2007 to April 19, 2008. Commissioner McCray asked if this project was grandfathered in for 12 months. The prior site plan time extension had also been approved for 12 months. It was confirmed the extension was a 12 month extension. VIII.C. Project: Agent: Owner: Location: NW 7th COURT (HOMRICH) (ZNCV 07-003) George Homrich, Homrich Construction Homrich Corporation Lot 211 of the Laurel Hills Subdivision, 4th addition, west side of NW 7th Court, between NW 10th Avenue and NW 13th Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11.1.C.3, requiring a minimum lot frontage of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-l-AA Single-family Residential zoning district. Description: Commissioner McCray asked if this home was in conformance with other homes in the area. Mr. Rumpf explained it was. Lisa Bright, CRA Executive Director, stepped forward to address Commissioner Weiland who first referenced a public records request circulated by the City Attorney. Commissioner Weiland explained to Ms. Bright there was an error in item four of the request, which was not typed correctly. The request should have read copies of all documents that pertained to staff members, not board members. He realized board members were not entitled to car allowances or benefits. Ms. Bright explained that information was already provided when he picked up the documents. Commissioner Weiland corrected those were not his records. Ms. Bright inquired if he was picking up David Katz's records and David Floering's records. She explained if he needed those additionally they would be the same package. Commissioner Weiland explained some of the request was not included in the package. Ms. Bright reported she had also provided a similar public records request from Lynn Swanson of the City Attorneys office last week. Commissioner Weiland explained he needed a complete package of the CRA expenditures. Ms. Bright explained she would be happy to provide a copy of the current approved budget. Commissioner Weiland explained he needed the information in more layman terms. Ms. Bright explained the CRA was on the City's health benefits plan and she was the only staff member with a car allowance. Ms. Bright explained on May 22nd, Barbara Rudd dropped off a public records request for Jody Hussey, who was requesting all CRA board and staff expenses related to January, February and March of this year. When the requests were completed, they contacted Ms. Hussey with the cost of the documents and how the pickup would be made. They asked her if she wanted a 8 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 copy of the CRA Budget so they could compare the expenses and she was told no, that she was relocating her business and her accountant asked her for the CRA staff expense report. Ms. Bright requested her staff advise her when the documents were picked up so she would speak with Ms. Hussey. David Floering came to the CRA office and did not know the name associated with the public records request that he was picking up. Ms. Bright came out when the documents were being picked up and expressed her surprise. She observed Mr. Floering telephone Mr. Katz making the statement that Ms. Bright was refusing to provide the documents to him. Ms. Bright clarified that was not her statement; rather he had to sign for the documents. Mr. Floering advised Mr. Katz, that he would get "Ron" to pick them up. Later Commissioner Weiland called Ms. Bright to pick up the documents and she told him she thought it might not be a good idea, due to her sense the issue could be public down the road. Commissioner Weiland still preferred to pick up the documents. Ms. Bright reported the documents were sealed. Later they received requests for information from the City Attorney's office as it related to expenses about the board. Ms. Bright explained if the CRA Board was traveling with staff, the travel expense has to be approved via policy, in advance, and if they travel with her as Executive Director, she pays for everything. She pointed out the board was eligible for per diem expenses, but typically they do not request them. She asked where the inquiries were leading and what the goal was. She announced they just finished a clean audit, but questioned the way Messers. Floering and Katz made their requests. Ms. Bright expressed she was surprised at the issue because it was raised four months ago. Her staff was working in a hostile environment. She objected to the harassment, she was aware Mr. Katz was controlling the City. She was aware Commissioner Weiland spoke to her colleagues in Delray and she was upset. Commissioner McCray asked what type of business Ms. Hussey owned. Ms. Bright explained she owned a hair salon on West Atlantic and was considering expanding and that was why she needed the information. Ms. Bright expressed frustration with the situation. She has been in the area for 28 years and was in the business 14 years. Vice Mayor Rodriguez commented ultimately the CRA organization, the groups working within the CRA organization, and who they report to, was not relevant and should not have any impact on what they do or how they do it. Ms. Bright explained since she has been in the City, it had been a constant threat to the CRA that the CRA would be pulled. Vice Mayor Rodriguez reiterated her job was to continue to perform the functions of the CRA ordinance regardless who she reported to. She explained her job was to make the political environment attractive to the community and it currently was not attractive to the development community, which she answers to as well. Commissioner Weiland did clarify he spoke with Ms. Bright about picking up the records. She did not suggest to him not to pick them up. She had said she was surprised he would get involved because the issue was going to the press. He explained a person simply contacted him indicating they were having trouble picking them up, and he was asked to pick them up. He offered to make a phone call and did. The records were not for his information, but he did request the records be put in a sealed package, taped and marked to allow the intended recipient to ascertain whether he broke the seal on it. The package he picked up was not sealed. 9 Meeting Minutes Agenda Preview Boynton Beach, Florida June 15, 2007 Ms. Bright asked what area of performance would be discussed at the meeting. Commissioner Weiland would discuss it Tuesday. Commissioner McKoy asked if the hostility was coming from City staff. Ms. Bright had already advised her board on Wednesday, there was a move to abolish the board. The hostility was not coming from City staff, it was coming from the Commission. Vice Mayor Rodriguez left the meeting at 9:46 a.m. XIV. ADJOURNMENT There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:47 a.m. CITY OF BOYNTON BEACH ATTEST: ~ 'tn. ~ Jan Pralnlto . Clerkf) "7 1 ,1j . Catherine Ch ry-Gub rman Recording Secretary (062107) 10