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Minutes 09-07-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, SEPTEMBER 7,2010 Present: Jose Rodriguez, Mayor Kurt Bressner, City Manager Marlene Ross, Vice Mayor James Cherof, City Attorney William Orlove, Commissioner Janet Prainito, City Clerk Woodrow L. Hay, Commissioner Steven Holzman, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez Mayor Rodriguez called the meeting to order at 6:57 p.m. Commissioner Orlove gave the invocation. The passing of Stanley Weaver, a civic leader and former Mayor of Boynton Beach, was honored with a moment of silence. Mayor Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross pulled Item 6.1 for discussion. Commissioner Orlove requested the addition of a review of City policy position on WXEL. There was consensus to add the item under Unfinished Business, Item B. Commissioner Orlove also pulled Item 6.F for discussion. Mayor Rodriguez also pulled Item 6.F. Commissioners Hay and Holzman also had questions relating to Item 6.F. 2. Adoption Motion Commissioner Hay moved to adopt the agenda as amended including the pulled items. Commissioner Orlove seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL September 7,2010 Commissioner Holzman congratulated the non-supervisory police officers, for winning the eating competition at the 24th Annual Labor Day Police Challenge held in Delray Beach. Unfortunately the supervisors lost in volleyball. Commissioner Hay had attended the League of Cities conference in Hollywood, FL and brought back information, books and brochures he would share. The City of Hollywood discussed their trolley and the City of Winter Springs had a presentation on public integrity and transparency in government. There was also discussion relating to different pension plans that he shared with the City Manager for future follow up. There would be discussion on pensions at the next legislative session. Commissioner Orlove had attended the Art Commission's visioning plan presentation and toured the City warehouse to see its operation. He also wished those who celebrated a happy and healthy New Year. Vice Mayor Ross announced the Chamber of Commerce would be having a luncheon on September 16th at Benevento's to discuss the Palm Beach County Business Development Board. She encouraged attendance. The Vice Mayor also announced Representatives Maria Sachs and Ted Deutsch would be hosting an event at FAU entitled, "Investing in Florida's Economy - 21st Century Energy" focusing on renewable energy sources. The Art in Public Places program had a display commemorating Hispanic Heritage month at the Library. She thanked City staff, Mr. Bressner, Chief Immler and Mr. Livergood for their assistance with the new charter school and traffic issues in her district. Mayor Rodriguez advised the Historic Preservation Ad Hoc Committee had received a matching grant for $1,100 and thanked the Boynton Beach Historical Society for contributing the matching funds. He hoped the Historic Preservation Ordinance would be in place soon to use the funding. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm - Commission Chambers B. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm - Commission Chambers C. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm - Commission Chambers 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 Mayor Rodriguez read the three announcements relating to the pubic hearings and adoption of the FY 2010-2011 Operating & CIP Budgets, and the Annual Fire Assessment. 4. 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> Jeanne Taylor, 2121 SW 15th Avenue, spoke as the Chair of the Library Advisory Board and thanked the Commission for their continued support. She provided data from a study by the State of Florida relating to the return on investment of money spent on the Library. Based on the figures provided, she calculated the City would receive $18 million in value to the residents and create 632 jobs. The proposed budget included a reduction in the Library staff of 1.5 employees who catalogued donated materials. The Library Board had concerns the loss of the positions would significantly impact materials being added to the Library and donated materials could not be accepted. The Board requested the positions be restored so the Library could acquire more free resources. Molly Stahlman, owner of Molly's Trolleys, pointed out each trolley seats 26-30 passengers, making 15 trips a day, transporting 10,000 riders a month. It is a huge ride share for those who do not own or have access to an automobile. She submitted a binder of information for the Commission and reviewed its content. Overall riders had decreased 5% since October 2009, partially due to the elimination of Saturday operations. Ms. Stahlman recommended a monthly pass system and gave options to reduce costs including funding available through the South Florida Regional Transit Authority . Any decision made regarding the trolley system should be based on the accurate information she provided. Suki DeYoung, 2076 SW 14th Avenue, appreciated the suggestion to set aside 40 acres of land for solar panels. She was sorry FP&L advised the City could not undertake the project without becoming a public utility and questioned if the City was appealing the decision of FP&L. She offered her support in the effort to utilize solar panels. Jennie Prior Brown, Candidate for School Board District 4, introduced herself as a fourth generation native of Palm Beach County and a graduate of public schools. She began her professional career as a teacher and for the past 22 years as an attorney. She also has five-year old twins. As a civil litigant and then federal prosecutor she had prosecuted a wide variety of cases. While practicing law part-time and raising her 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 children, she decided to become involved in the community and making the schools better. If she had the honor of being elected, she would work with the Commission and listen to any concerns. Ms. Brown recognized the importance of Galaxy Elementary School to the City and she would strive to keep the project on track. She had the passion for quality education, commitment to children and believed in her skills. Allan Hendricks, 122 SE 4th Avenue, thanked the Commission for the new temporary roof on the Old High School. The RFQ was well written and targeted the information needed to move forward. The Commission's support would be key to investors and developers to come forward. John McGovern, 2620 Spiceberry Lane, underscored the fact 2,000 people had under- voted in the election and voter turn out was low in some areas. He expressed a particular concern with the voting in Hunters Run. His message continued to be local control of education and the rise and fall of achievement levels as they progress through the grade levels. He would continue to work with the candidates moving forward to understand the plight of the school system. Sunny Garcia, 1631 NW 13th, spoke in support of saving the dog pound that has existed in the City of Boynton Beach for a long time. No one else coming forward, Mayor Rodriguez closed the public audience. 5. ADMINISTRA TIVE A. Accept the resignation of Donald L. Scantlan, Jr., a regular member of the Veterans Advisory Commission. Motion Commissioner Hay moved to accept the resignation. Commissioner Orlove seconded the motion. The motion passed. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Rodriguez nominated Charles Kantor to be a regular member of Recreation and Parks Board. Motion Vice Mayor Ross moved to appoint Charles Kantor and Commissioner Holzman seconded the motion. The motion passed. 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 6. 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. Approve the Minutes of the Special City Commission meetings held on July 19, 20, 21 and August 17, 2010 and the Regular City Commission meeting on August 17, 2010. B. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. C. PROPOSED RESOLUTION NO. R10-113 - Approve and authorize signing of an Agreement for Water Service outside the city limits with Carlos E. Nunez and Hilda M. Nunez for the property at 1180 Highview Rd, Lantana, FL. D. PROPOSED RESOLUTION NO. R10-114 - Approve and authorize execution of three Well Drilling/Sampling Agreements with the U. S. Geological Survey for the installation of sampling wells at Hester Park, Congress Avenue Park and the Links at Boynton Beach. E. PROPOSED RESOLUTION NO. R10-11S - Approve the temporary road closing of Federal Highway on December 4, 2010 for the Holiday Parade and authorize the City Manager (or designee) to apply for state permits for the temporary road closure. F. Award the Bid for "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL- OFFS" Bid #057-2510-10/JMA to Iron Container of Miami, Florida as the lowest, most responsive, responsible bidder who met all specifications with an estimated annual expenditure amount of $60,000 for the bid award period of September 2, 2010 to September 1, 2011. Commissioner Orlove recalled a previous discussion on the containers and questioned why more were being purchased at this time. Mr. Livergood replied it was an annual contract for rolloff containers and front-load containers. Primarily the front-load containers would be replaced on rotation every six years depending on the use. There is a line item in the budget to repair and replace containers. Commissioner Holzman inquired if there was a profit margin. Mr. Livergood responded some containers are rented to recoup most of the cost which also included servicing by staff and the dumping fee paid to the Solid Waste Authority. It generated minimal income. Mr. Bressner directed that emphasis be on replacing and repairing the front-end loaders. 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 7,2010 The rolloff dumpster need is related to the construction business. Mayor Rodriguez hoped there would be continued effort to improve the aesthetic value of the yard site. Motion Commissioner Hay moved to approve. Commissioner Orlove seconded the motion. The motion passed. G. PROPOSED RESOLUTION NO. R10-116 - Approve the execution of the MOA with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. allowing BBFRD paramedics to participate in the Senior Immunization Outreach Project. H. PROPOSED RESOLUTION NO. R10-117- (1) Approve an agreement with Mangrove Benefit Services, Inc. to provide Flexible Spending Account (FSA) Administration, a benefit plan arrangement that allows employees to pay for certain health care and dependent care expenses on a pre-tax basis and (2) authorize the establishment of required disbursement accounts and related signatories to process payments. I. PROPOSED RESOLUTION NO. R10-118 - Approve Addendum to the Agreement with American Traffic Solutions "A TS". Vice Mayor Ross wanted to highlight the agreement for the red light cameras, since recent legislation necessitated some changes. Motion Vice Mayor Ross moved to approve Resolution R10-118. Commissioner Hay seconded the motion. The motion passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R10-119 - Approve an annual service agreement with Motorola, Inc. in the amount of $132,570.72 for the continued maintenance and repair of the City's radio telecommunications system. Commissioner Orlove inquired if Boynton Beach had a unique system and Mr. Bressner replied it did not. A third system had been investigated, but the interoperability between Motorola and the Palm Beach County system was essential. Some of the funding had been provided from a Nextel settlement for re-banding. The equipment would be compatible if there would be any consolidation with either Delray, Boca Raton or both. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 Motion Commissioner Orlove moved to approve Resolution No. R10-119. Vice Mayor Ross seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 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. 10. CITY MANAGER'S REPORT A. Review electric consumption data for government agencies located at or nearby the Links at Boynton Beach, a City of Boynton Beach municipal golf course located in Palm Beach County. Mr. Bressner commented FP&L had not technically said no, rather there is no regulatory framework in place that would allow them to become either a customer of the City of Boynton Beach or fund the improvement. They are more amenable to have further discussion at this point. If a solar array could be constructed on a two to three acre cluster, it would be sufficient to provide power to the Links Golf Course, Park Vista High School, a regional park and Palm Beach County Fire Station substation at least during peak periods. He cautioned the return on investment is rather meager as it would span 50 to 75 years. The intent was to have FP&L partner with the City for the project. The property is not within the City limits and the County regulations are limited to solar panels on homes. Mr. Livergood explained the larger the scope of the project, the greater the return on the investment with less number of years to gain the investment back. It would involve greater initial expense so a balance would need to be achieved. The setback to adjacent homes would be a factor and the density of the array would have to be carefully considered. The estimated construction cost would be $10 million for 100,000 square feet. Commissioner Holzman appreciated the work of staff to put the City in the forefront of environmental and fiscal issues. As the regulatory environment changes, the City would be ahead of the game and he applauded the staff for thinking "outside the box" on the 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 issue. Commissioner Orlove added he applauded Commissioner Holzman for bringing the suggestion to the attention of staff and the Commission. He agreed that starting small may be the best approach. Vice Mayor Ross commented the Climate Action Plan would also assist and had addressed the possibility of solar energy sources. Mayor Rodriguez suggested this aspect of the Climate Action Plan should be included in the RFP that would be issued. Mr. Bressner indicated he would investigate the status of the RFP. B. Discuss and approve format changes to the agenda template for future City Commission meetings. There was consensus to move the section Unfinished Business to follow the City Manager's Report and move the Future Agenda section to the end of the agenda, prior to adjournment. 11. FUTURE AGENDA ITEMS A. Construction Management At Risk Process (September 21, 2010) B. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) C. Live Entertainment Ordinance - First Reading - TABLED ON July 20,2010 and August 3,2010 - (TBD) D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 10-020 - SECOND READING -- Approve Dry Cleaners in Mixed Use (CDRV 10-006) amending the Land Development Regulations Chapter 1, Article II Definitions to add a definition for dry cleaners, and Chapter 2. Zoning, Sections 6.F. and 6.H. to allow dry cleaners within all mixed use districts and requiring conditional use approval if they clean or launder clothing on-premises. Applicant: City initiated Attorney Cherof read Proposed Ordinance NO.1 0-020 by title only on second reading. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 Motion Commissioner Orlove moved to approve Proposed Ordinance No. 10-020. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R10-120 - Approve an interlocal agreement with Palm Beach County for Ethics Commission Oversight. PROPOSED ORDINANCE NO. 10-021 - FIRST READING - Amending the City of Boynton Beach Code of Ordinances Article I, by creating Section 2-25, to be entitled "Code of Ethics", incorporating by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. Attorney Cherof noted the Proposed Resolution should not be considered until the Ordinance had been authorized. Motion Commissioner Hay moved to table Item 14.A. Commissioner Orlove seconded the motion. The motion passed. Attorney Cherof read Proposed Ordinance No. 10-021 by title only on first reading. Commissioner Holzman inquired if the County had adopted their Code. Attorney Cherof advised the County had adopted their Ordinance and were in the process of amending it. Motion Commissioner Hay moved to approve Proposed Ordinance No. 10-021. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 7,2010 Mr. Bressner mentioned there would be the collateral issue of adding the CRA to the purview requiring an interlocal agreement between the City and CRA. Attorney Cherof advised it would be on the next CRA agenda for consideration. B. Discussion on communication to WXEL. Vice Mayor Ross recused herself due to a conflict and stepped down from the dais. Commissioner Orlove disclosed he was a member of WXEL. Commissioner Orlove reviewed the previous discussions on the sale of WXEL to Classical South Florida and the possibility of the need for future communication to the Board of Education. He reiterated his position that further communication to the Board of Education was needed to address the concerns raised by the remarks of Mr. Evans from Classical South Florida to the Commission. The concerns related to local programming, local Board participation, employment of current staffers and their financial stability. Commissioner Orlove had submitted a subsequent letter to Legal for review indicating there are two other non-profit entities looking to purchase not only the radio station, but also the TV station. It is a resource within the community that the elected officials should give alittle advocacy to the residents concerned about the issue. Attorney Cherof indicated he had reviewed the letter submitted and had made modifications. He had no problem with the content from an interference with contract issue. Commissioner Holzman felt the letter went too far and mentioned two organizations that he had no knowledge of and did not know their intent. Further, a member of the Commission is a current employee of WXEL, and he had an issue with the Commission presenting either a negative or positive impact on one organization over another. He did not support the letter. The content of the letter was discussed and various changes were suggested. Commissioner Orlove reiterated he felt strongly the Board of Education should be made aware of the presentation of Mr. Evans and that they take it into consideration. The letter did not request or suggest the sale be blocked. Mayor Rodriguez inquired if the letter could be construed as slanderous. Attorney Cherof opined it did not, it was an expression of an opinion second hand and the content is not in the nature of a defamatory statement. Mayor Rodriguez asked if there should be disclosure that a Commissioner is an employee of WXEL. Attorney Cherof did not feel it was necessary. Any action the Commission takes is as a collegiate body and not individual Commissioners expressing their point of view. The Commissioner with a conflict of interest had stepped down. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 Commissioner Holzman was willing to send a letter on his own behalf, but was unwilling to sign the letter as part of the Commission as a whole. Commissioner Orlove advised he could sign the letter as a Commissioner, but not a public person. Commissioner Hay supported the letter as amended. Commissioner Holzman would sign the letter as a private citizen but not as the Commission. Commissioner Hay thought all the Commission should sign or not send the letter. Attorney Cherof advised the majority had to be in agreement, unanimous approval was not necessary. The changes agreed to were as follows: Deletion of the paragraph referring to two non-profit entities interesting in purchasing the station; Deletion of the word "mounting" in regard to concerns that had been expressed; and, Deletion of any reference to the financial stability of Classical South Florida. Motion Commissioner Orlove moved to approve the letter to be sent to the State Board of Education regarding WXEL as amended. Commissioner Hay seconded the motion. The motion passed. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 8:21 p.m. (Continued on next page) 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 7, 2010 CITY OF BOYNTON BEACH ~ -- 1 - ATTEST: Yn. - t M. Prainito, MMC Clerk 12