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Minutes 06-03-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 3, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Jose Rodriguez, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner Absent: Woodrow L. Hay, Commissioner I. OPENINGS: A. Call to Order by Mayor Jerry Taylor B. Invocation by Rev. Chuck Brannon - Gateway Community Church I C. Pledge of Allegiance to the Flag led by Commissioner '.^.'oodrow H2IY Mavor Jerry Taylor D. A Moment of Silence in honor of SGT Blake Evans of the 101 st Airborne, Delta Demons, our City's adopted military unit. SGT Blake Evans was killed in a roadside bomb attack by an lED (Improvised Explosive Device) on May 25, 2008 in Iraq, south of Samarra. Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Chuck Brannon of the Gateway Community Church offered the invocation and Mayor Taylor led the Pledge of Allegiance to the Flag. There was a Moment of Silence honoring Sgt. Blake Evans of the 101st Airborne, Delta Demons, who died in the war in Iraq. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pointed out Item VLE. on the agenda, should reflect the Boynton Beach Regional Symphony Orchestra. She also indicated Item VLF. should note the request was from U.S. Representative Hastings. However, Mr. Bressner pointed out the not-for-profit organization, the MDM Foundation led by Mikel Jones, would be the recipient of the funding. Commissioner Ross concurred with Mr. Bressner's remarks. 2. Adoption 1 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 Motion Vice Chair Rodriguez moved to approve the agenda with the one modification on Item VLE. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross discussed the web site, www.citizenobserver.com, and its value to all citizens to have updates on local events and happenings. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations: None IV. PUBLIC AUDIENCE: INDroDUAL 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> Mack McCray, 806 NW 4th Street, requested to make comments after the adoption of the minutes from the May 20, 2008 City Commission. Mayor Taylor agreed to pull the minutes from the Consent Agenda and allow Mr. McCray to speak at that time. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of Stephen Levine, Regular member of the Veterans Advisory Commission. 2 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 Motion Vice Mayor Rodriguez moved to accept the resignation of Stephen Levine. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Accept the resignation of Susan Morrison, Regular member of the Cemetery Boa rd. Motion Commissioner Ross moved to accept the resignation of Susan Morrison. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. C. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (3) Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 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) III Rodriguez Community Relations Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Library Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) Motion Commissioner Weiland moved to table all appointments. Vice Mayor Rodriguez 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 Minutes of May 20, 2008 3 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 As requested, Item VLA. was pulled for discussion. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve the piggyback of a contract with the City of Melbourne, FL for pipelining which was awarded to Insituform Technologies of Jacksonville, FL, BID #10-111-0-2005 CIPP for Rehabilitation Services in the amount of $260,120 and to piggyback a contract with North Palm Beach County Improvement District contract #PRJ-509 to Shenandoah Construction of Pompano Beach, FL. in the amount of $37,458. Total expenditure $297,578 to rehabilitate the existing Storm Water system in the Skylake Community. Commissioner Ross pulled Item VLB.1 for discussion 2. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid #089-2110-08jOD to Saturn of West Palm Beach, for $338.56 per month, per vehicle for a total expenditure of $28,439Jyear. (Proposed Resolution No. ROB-065) Commissioner Weiland pulled Item VLB.2, at the request of Mr. Bressner. 3. Award the "MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION", Bid #042-2510-08jOD, to Schaeffer Systems International Inc. of Charlotte, NC for an annual expenditure of $90,000. C. Resolutions: 1. Proposed Resolution No. R08-066 RE: Approving and authorizing execution of the Palm Beach County Law Enforeement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. 2. Proposed Resolution No. R08-067 RE: Approving and authorizing execution of the Third Amendment of the Interlocal Agreement between Palm Beach County and the City for construction funding for the replacement of the Wilson Center, extending the project completion date to September 30, 2008. 3. Proposed Resolution No. R08-068 RE: Approving and authorizing execution of an Agreement for Water Service outside the City Limits with Marquez Jones Joint Venture, LLC for the property at 7149 Hypoluxo Farms Road, Lake Worth, FL. 4 Meeting Minutes Regular City Commission Boynton Beaeh" FL June 3, 2008 D. Approve the use of $1,000 from Commissioner Ross's Community Investment Fund to help the Boynton Beach Police Athletic League in sending three basketball teams to the Nationals in Hampton, VA, June 23 - 29, 2008. E. Approve the use of $1,500 from Commissioner Ross's Community Investment Fund to help the Boynton Beach Regional Symphony Orchestra in meeting expenses, such as auditorium and rehearsal room rental for their concerts for next season. F. Approve the use of $2,250 from Commissioner Ross's Community Investment Fund to help the MDM Foundation send 50 youngsters to Orlando, FL for a day at Universal Studios, a day at Disney, breakfast with the Disney characters and accommodations May 23 - 26, 2008. G. Approve the use of $1,500 from Commissioner Ross's Community Investment Fund to help fund the Schoolhouse Children's Museum educational programming. H. Approve the use of $750 from Commissioner Ross's Community Investment Fund to help defray the cost of the annual Health Fair & Pre-Back to School Bash at the Beacon Center at Forest Park Elementary School. 1. Approve an expenditure from the Federal Law Enforcement Trust Fund Account in the amount of $49,148.99 for the purchase of an armored rescue and SWAT delivery vehicle. J. Authorize members of the City Commission to attend the National League of Cities-Congress of Cities and Exposition, November 11-15, 2008 in Orlando, FL. Commissioner Ross pulled Item VLJ. for discussion. Motion Commissioner Weiland moved to approve the Consent Agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VLA.1. Regular City Commission Minutes of May 20, 2008 Mr. McCray requested his comments be made after the Commission had voted on the minutes. Motion Commissioner Weiland moved to approve the minutes from the previous City Commission meeting. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Mr. McCray requested a verbatim and tape transcript of the Isles Road item from the previous meeting. His request was based on possible ethics violations that may have occurred. The 5 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 minutes did not reflect that Vice Mayor Rodriguez had established a hardship or stepped down from the dais as had been done in previous meetings. Mr. McCray contended some laws were broken when the item was handled. He also requested a copy of the budget for 2007 for the City Attorney, the 2008 proposed budget for the City Attorney and the employment contract with the City Attorney. The 2007 and 2008 budget for the CRA was also requested and the CRA contract with the City Attorney. Mayor Taylor advised any information, other than the minutes on the current agenda, could be requested through the City Clerk's office. Mr. McCray stated, for the record, ". . . because there might be some legal stuff that comes down and you can tell me I can request it from the Clerk, I'd just as soon make a statement that is fine with me. I need a copy of the budget for 2007 for the City Attorney, also 2008 proposed budget for the City Attorney's office along with the contract for the City Attorney for the CRA. I would like that request to be placed on record for the City of Boynton. I will request it, sir, from the Clerk's office, but I need it to be done like it is suppose to be done, sir. Thank you. " VLB.1 Approve the piggyback of a contract with the City of Melbourne, FL for pipelining which was awarded to Insituform Technologies of Jacksonville, FL, BID #10-111- 0-2005 CIPP for Rehabilitation Services in the amount of $260,120 and to piggyback a contract with North Palm Beach County Improvement District contract #PRJ-509 to Shenandoah Construction of Pompano Beach, FL. in the amount of $37,458. Total expenditure $297,578 to rehabilitate the existing Storm Water system in the Skylake Community. Commissioner Ross commended the staff on the piggyback efforts regarding the Skylake development and the needed repairs. Motion Commissioner Ross moved to approve Item VLB.1. Commissioner Weiland seconded the motion. The motion passed unanimously. VLB.2. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid #089-2110-08jOD to Saturn of West Palm Beach, for $338.56 per month, per vehicle for a total expenditure of $28,439jyear. (Proposed Resolution No. ROB-065) Mr. Bressner requested Item VLB.2. be tabled to the next Commission meeting. Motion Commissioner Weiland moved to table Item VLB.2. The motion passed unanimously. VLJ. Authorize members of the City Commission to attend the National League of Cities-Congress of Cities and Exposition, November 11-15, 2008 in Orlando, FL. 6 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 Commissioner Ross requested more information on the event. Mr. Bressner indicated, historically, one or two members usually attended. The conference is local and would reduce travel cost so that more members could attend. He stressed it was a good conference for local officials as it discussed national issues. Mr. Bressner anticipated attending also. Motion Commissioner Ross moved to authorize members of the City Commission to attend the National League of Cities-Congress of Cities and Exposition in Orlando, Florida. Vice Mayor Rodriguez 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 PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION None IX. CITY MANAGER'S REPORT: None x. FUTURE AGENDA ITEMS: A. Review of the lO-Year Comprehensive Plan Amendments - June 17, 2008 B. Follow-up on Capital Improvement Program Budget - June 17, 2008 C. Direct staff to continue research for an IT solution for electronic agenda software and future audiojvisual and data storage components that integrate with the City's existing Laserfiche repository and bring back to Commission a preferred vendor selection based on future needs and preferences of the City Commission - June 17, 2008 D. Review new resolution for enclave annexation (Tabled on February 19,2008) -July 1, 2008 E. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 7 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 XI. NEW BUSINESS: A. None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-012 Re: Amending Chapter 10, Article II. Refuse, Garbage and Trash allowing for unlimited amounts of vegetation and bulk trash for residential curbside pickup and approving a 25 cents per month residential rate increase. Attorney Cherof read Proposed Ordinance No. 08-012 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Mayor Taylor mentioned the City of Boynton Beach was in the forefront in assisting the citizens by picking up all trash. Mr. Bressner thanked Vice Mayor Rodriguez for bringing the issue into focus for staff to resolve. Mayor Taylor agreed. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance NO. 08-012. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Mayor Taylor announced Commissioner Hay's absence was due to vacation plans. C. Ordinances - 1st Reading None D. Resol utions: None 8 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 E. Other: None XIII. UNFINISHED BUSINESS: A. Status report of existing "Green" initiatives within the City of Boynton Beach and consideration of draft Ordinance to provide for "Green Building Certification Requirements". Carisse Lejeune, Assistant to the City Manager, indicated a staff review had been requested with a status update from the Green Task Force on the best practices for the City of Boynton Beach. The Task Force had completed the preliminary inventory from the Florida Green Local Government for the City of Boynton Beach. Based on the findings of the inventory, a decision could be made on whether application for certification would be appropriate. One hundred eighteen best practices or programs were implemented at no additional budget cost to the City. The action plan of the Green Task Force outlined the proposed accomplishments to be achieved by the sunset date of September 16, 2008. Commissioner Ross expressed her appreciation of the efforts of the entire Green Task Force. She cautioned that it was important to carefully research the criteria for a green ordinance and share the efforts with surrounding communities. Nancy Byrne, Assistant Development Director, reported feedback from the development community was being sought using a developer's roundtable to be held on July 18, 2008 from noon to 3 p.m. at the Intracoastal Clubhouse, including key developers in the City, representatives from US GBC and local GBC and the Florida Green Building Coalition. Concerns and incentives would be discussed. Ms. Byrne stressed that the delicate economic market conditions dictate careful consideration of the regulations. Partnering with the development community will allow the City of Boynton Beach to be an attractive community for people to build green in, while we still achieve the reduction in green house gases. Mayor Taylor commended Commissioner Ross for taking the lead on the issue and her efforts. Herb Suss, 1711 Woodfern Drive, complimented Commissioner Ross on the green initiative program and thanked her for all the donations made to the various local organizations. Mack McCray, 806 NW 4th Street, commended Nancy Bryne on her report, but questioned if the luncheon could be subsidized by one of the builders. 9 Meeting Minutes Regular City Commission Boynton Beach" FL June 3, 2008 XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 6:59 p.m. CITY OF BOYNTON BEACH ATTEST: o::v- udith A. Pyle Deputy City Clerk 10