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Minutes 03-04-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 4, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Woodrow Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Ross gave the invocation and led the Pledge of Allegiance to the Flag. Mayor Taylor noted Vice Mayor Rodriguez was ill and Commissioner Weiland was preparing for a medical procedure. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof announced that the Seaview Park Club request for site plan time extension would be considered on March 18, 2008 and it would be a public hearing. Commissioner Ross indicated in the minutes of the February 19, 2008 City Commission it appeared that remarks had been attributed to her rather than Mark Karageorge who had actually made the comments. Mayor Taylor declared there was consensus to correct the minutes accordingly. Mr. Bressner requested that Item IX.A be tabled until the full board would be present to discuss the issue. There was consensus to table the item. 2. Adoption 1 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Hay commented the City was fortunate to have two great high schools, Park Vista and Boynton Beach Community. However, Boynton Beach Community High School had been the brunt of very negative publicity. His suggestion was that periodically the school come to the meetings and showcase some of their programs and activities. The booster club was another avenue that could be used to support the school throughout the community. Mayor Taylor offered to assist the booster club in becoming a stronger and larger organization. He concurred with Commissioner Hay's suggestion to promote the school as did Commissioner Ross. She agreed the school was fantastic and advised the chorus had achieved national recognition. Commissioner Ross requested an update from staff on the green workshop that had been held. Ms. Carisse Lejeune, Assistant to the City Manager, would provide the information to the Commission. Commissioner Ross also remarked she had attended the Metropolitan Planning Organization meeting and was proud to represent the City on such an important board. Mayor Taylor announced Detective Charles Ramos had been designated as the Distinguished Officer of the Year by the Palm Beach County Chiefs of Police Association. This was the second year that a Boynton Beach officer had received the award. Also Officer Liz Roehrich of Animal Control had been recognized as Supportive Employee of the Year. Mayor Taylor promoted the value of the county-wide "Read Together" program. This year the book, Memory Keepers Daughter by Kim Edwards had been chosen. He encouraged everyone to participate and enjoy the experience and the story. There was also agreement that the March 11, 2008 Community Redevelopment Agency board meeting would be rescheduled to March 25, 2008. Two of the five board members would be out of town on March 11, 2008. Commissioner Hay reiterated many of the positive comments and feedback he received regarding the concert featuring The Commodores. He commended the staff who made all the arrangements and had brought such an exciting event to the City of Boynton Beach. Commissioner Ross mentioned she had attended the Bethesda Ball and was impressed to have such a big hospital within the City of Boynton Beach. 2 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Red Cross Month - March 2008 Mayor Taylor proclaimed March, 2008 as Red Cross Month. Julie Ott, Special Events, South County Coordinator, was present and accepted the proclamation. She encouraged businesses, schools and other organizations to become heroes for the Red Cross and be featured in the sun- Sentinel. b. Community Caring Center Week - March 9-16, 2008 Sherry Johnson, Executive Director of the Community Caring Center was present to accept the proclamation for Community Caring Center Week for March 9 - 16, 2008. She reviewed the schedule of events that included a hunger walk, green market, art festival and musical entertainment. Non-perishable canned goods or cash donations would be greatly appreciated. 2. Presentations a. (Intentionally left blank) b. Presentation of the American Assembly Community Relations Subcommittee Phyllis Stern, a subcommittee member, presented the report of the Community Relations Subcommittee of the American Assembly. She outlined the need for the City to have a sense of community and common purpose by holding meetings in specific communities to provide a better perspective to promote the City. Another recommendation was to develop strategies to highlight the character of the City with galas and family events. There was a suggestion to capture a marina environment as a new image for the City with several educational series. Mayor Taylor commended Ms. Stern and the committee for their efforts and recommendations that would be reviewed by the Commission. 3 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Mark Karageorge, 240 Main Boulevard, revisited the possibility of adding two members to the Community Redevelopment Agency board. He suggested one additional member from District II and one from District III. It would give more representation on the board from the two largest districts within the CRA area. Herb Suss, 1711 Woodfern Drive, recounted his experience as a mentor at Galaxy Elementary School and encouraged everyone to volunteer and help a child to learn. Mr. Suss offered to be a volunteer football coach, if needed. Mayor Taylor commented volunteering to mentor a child would be a self-rewarding experience for anyone, especially those who are retired. Commissioner Ross thanked Mr. Suss for being a fine example and hoped others would be inspired to volunteer as well. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of Brenda Williams, a regular member of the Community Relations Board. Motion Commissioner Hay moved to accept the resignation of Brenda Williams. Commissioner Ross seconded the motion. The motion passed unanimously. There was discussion on the role of alternates on the advisory boards. B. Appointments Appointment Length of Term To Be Made Board Exoiration Date IV Ross Arts Commission Alt 1 yr term to 12/08 Tabled (3) II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) II II Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (3) II Hay Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) 4 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 III Rodriguez Community Relations Board Alt 3 yr term to 12/10 Tabled (3) III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (3) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3) II Hay Library Board Alt 1 yr term to 12/08 Tabled (3) II Hay Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) Motion Commissioner Hay moved to table all the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. VI. 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. Minutes 1. Regular City Commission - February 19, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. None C. Resolutions 1. Proposed Resolution No. R08-028 RE: Approving and authorizing execution of Amendment No.1 to Task Order #U06-7-2 with Erdman Anthony of Florida, Inc. (d/b/a Crossroads Engineering & Surveying) The amount of Amendment No. 1 represents an aggregate of $25,210 from four (4) supplements that were required during the design and permitting for the Lift Station Rehabilitation Project for Lift Stations 101, 202, 313, 404 and 610. 2. Proposed Resolution No. R08-029 RE: Approving and authorizing execution of an agreement to hire a public artist to create concepts and an implementation plan for Jaycee Park Interpretive Public Art Markers. 5 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 3. Proposed Resolution No. R08-030 RE: Approving and authorizing execution of an agreement for Water Service Outside the City Limits with Walter & Joan Crooks for the property at 1111 Ridge Rd. Lantana, FL. Commissioner Hay pulled Item VI.C.3 for discussion. 4. Proposed Resolution No. R08-031 RE: Approving and authorizing execution of a Memorandum of Understanding (MOU) between the City of Boynton Beach and the sEIU, Florida Public Services Union, CTW, CLC, White Collar unit. This MOU would allow full-time employees in the position of Communication Dispatcher or Communication Specialist to receive twelve (12) hours of pay for observed holidays provided they are scheduled to work twelve (12) hour days. 5. Proposed Resolution No. R08-032 RE: Approving and authorizing the issuance of not exceeding $30,000,000 of Utility System Revenue Bonds, Series 2008; providing a method for fixing and determining the principal amount, interest rates, maturity dates, redemption provisions and other details of said bonds; authorizing the sale of the bonds to Branch Banking and Trust Company ("BB&T"); finding necessity for a negotiated sale of such bonds; providing for the application of the proceeds of said bonds and certain other monies; designating the bond registrar for said bonds; containing certain authorizations and other provisions. Commissioner Hay pulled item VI.C.5 for discussion. D. Approve the "BOYNTON TOWN CENTER - C3 REPLAT" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). E. Approve return of cash bond of $30,988.10 to sH Communities for the project known as Waterside (Building 10). Motion Commissioner Ross moved to approve the Consent Agenda with the exception of those items pulled for discussion. Commissioner Hay seconded the motion. The motion passed unanimously. VI.C. 3 Proposed Resolution No. R08-030 RE: Approving and authorizing execution of an agreement for Water Service Outside the City Limits with Walter & Joan Crooks for the property at 1111 Ridge Rd. Lantana, FL. 6 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 Commissioner Hay questioned the percentage of water users inside and outside the City limits. Mr. Bressner responded 65% of the users were inside the City limits and 35% were outside the City limits. The water service area included approximately 90,000 users. Motion Commissioner Hay moved to approve Item VI.C.3. Commissioner Ross seconded the motion. The motion passed unanimously. VI. C. 5 Proposed Resolution No. R08-032 RE: Approving and authorizing the issuance of not exceeding $30,000,000 of Utility System Revenue Bonds, Series 2008; providing a method for fixing and determining the principal amount, interest rates, maturity dates, redemption provisions and other details of said bonds; authorizing the sale of the bonds to Branch Banking and Trust Company ("BB&T"); finding necessity for a negotiated sale of such bonds; providing for the application of the proceeds of said bonds and certain other monies; designating the bond registrar for said bonds; containing certain authorizations and other provisions. Commissioner Hay inquired about the use of the funds in relation to the completion of the projects and if a contingency plan was in place. Mr. Bressner explained the list of projects had been approved under the Capital Improvement Projects. As many projects as possible are completed. Many projects require multi-year funding to complete. The capital improvement budget controlled the expense side. Motion Commissioner Hay moved to approve Item VI.C.5. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to reconsider Item VI.C.2. Commissioner Hay seconded the motion. The motion passed unanimously. VI. C. 2 Proposed Resolution No. R08-029 RE: Approving and authorizing execution of an agreement to hire a public artist to create concepts and an implementation plan for Jaycee Park Interpretive Public Art Markers. Mayor Taylor clarified the request was for the design of markers to describe the environment and ecosystem. The number of signs needed had not yet been determined. Debby Coles-Dobay, Public Arts Administrator, responded the signs were interpretive and would highlight habitat and historical information. The selected artist would work with the park planners to determine how many would be needed, where they would be placed and the use of art in publiC places. A Call to Artists was published and a selection panel selected the artist. Mayor 7 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 Taylor noted another contract would be needed for the construction and placement of the signs. Ms. Coles-Dobay concurred and contended it was a fair price to pay for the design work. Motion Commissioner Ross moved to approve Item VI.C.2. Commissioner Hay seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Direct staff to prepare draft ordinance to update the Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24 Single-family Residential Refuse Collection to change weekly collection requirements to allow disposal of unlimited amounts of bulk trash and landscape debris. Motion Commissioner Hay moved to table Item IX.A. Commissioner Ross seconded the motion. The motion passed unanimously. B. Review new resolution for enclave annexation (Tabled on February 19, 2008) X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software B. Discussion of disposition of Old High School - April 2008 (CRA reviewing in March) XI. NEW BUSINESS: None 8 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-004 RE: Amending Chapter 20. Building, Housing and Construction Regulations, Article X. Section 3 and Section 4, clarifying applicability conditions and unit type requirements. Attorney Cherof read Proposed Ordinance No. 08-004 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-004. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 3-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading None D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:22 p.m. 9 Meeting Minutes Regular Commission Meeting Boynton Beach, FL March 4, 2008 ATTEST: Co 10