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Minutes 03-05-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 5, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Jerry Taylor, Commissioner Steven Holzman, Commissioner Wayne Segal, Commissioner 1. OPENINGS Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Taylor Mayor Hay called the meeting to order at 6:32 p.m. and welcomed those present. Commissioner Taylor gave the invocation and led the Pledge of Allegiance to the Flag. D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach, complemented by excellent schools with a mission to educate, nurture and inspire." E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Item 6.A. Vice Mayor McCray pulled Item 6.C. Mayor Hay added under Announcements, 3.1 Tribute to the Woman's Club. 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2013 2. OTHER A. Informational Items by Members of the City Commission Commissioner Taylor had represented the City at the Civic Center where the Legion of Merit Awards were given to over 50 WWII veterans who served in France. Commissioner Segal offered a reminder about the candidate forum being held Thursday, March 7 from 7 p.m. to 9 p.m. at Crosspointe Elementary, hosted by the League of Women Voters in Palm Beach County. He recalled, for use of the facility, the School had asked for an in -kind contribution. He suggested $500 be sent to the School to cover the requested items. Commissioner Holzman inquired what specific line item in the budget would be used for the $500. Ms. LaVerriere advised in the Commission budget there was a marketing and promotion line item that could be used, as well as funds from the City Manager's office. Commissioner Segal advised the list included student incentives, books and supplies. Commissioner Holzman asked the City Attorney if such a contribution was appropriate and Attorney Cherof advised as long as money was available, it would be. Motion Commissioner Holzman moved to give a donation of $500 to enable the School to purchase several of the things requested. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Mayor Hay had been busy. He met with Christ Fellowship Church to establish a partnership and discuss the $25,000 payment to the City. He had met with the Galaxy Elementary Principal to discuss the curriculum, instruction and to stress it is a neighborhood school and the children in the area should have priority to attend. He attended the Metropolitan Planning Organization meeting. Mayor Hay again noted the loss of Chuck Magazine, Risk Manager, and had attended his funeral. He had attended the Health Fair at St. John Missionary Baptist Church and a pep rally at Galaxy Elementary for the FCAT testing being held for fourth graders. Mayor Hay had visited the new Casa Costa, formerly the Promenade, for the ribbon cutting ceremony and talked with the Chief Executive Officer for the new owners. He had also gone to the Employees Pension Board Meeting. Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2013 He led the Hunger Walk and went to the Fire Department's Recognition and Award Ceremony at Bethesda Memorial Clayton Center. A Night of Poetry had been held honoring Black History Month that revealed the City had very talented young people among all races. Mayor Hay also attended the Police Department's K -9 Competition. Mayor Hay admonished that all candidates should be truthful in their comments. He specifically pointed out that Commissioner Holzman was not the only elected official on the dais. Mayor Hay recalled he had been elected twice to Commissioner Holzman's one and only election. Because a Commissioner is not serving in his elected position, in order to serve the City and citizens, it does not nullify them as an elected official. Mayor Hay emphasized he was an elected official, no matter what position he holds on the Commission. He asked that Attorney Cherof state, for the record, whether Mayor Hay was an elected official. Attorney Cherof confirmed Mayor Hay was an elected official. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim March 2013 as Myeloma Awareness Month. The proclamation will be accepted by Phyllis Stern, Multiple Myeloma Combatant Mayor Hay gave a brief overview of the Proclamation and presented the document to Phyllis Stern, a multiple myeloma survivor. Ms. Stern, on behalf of the Boca Raton Multiple Myeloma Support Group, thanked the Commission for the proclamation. Ms. Stern had served on several advisory boards for the City and was pleased to know there were still caring people in the world. B. Announce the Ocean Avenue Concert for Friday, March 15, 2013 Kathy Biscuiti, Special Events Director, announced the Ocean Avenue Concert featuring Celtic Mayhem from 7 to 9 p.m. Food and drink would be available. C. Announce the Movies on the Ave film for April 5, 2013 The Movies on the Ave series would be showing the movie, ARGO, an "R" rated movie and recently voted the Best Movie of the Year. The movie would begin at 8 p.m. Food and drink vendors would be onsite. D. Announce Sunday in the Park, Sunday, April 7, 2013 The Sunday in the Park performance would feature the singing of Ron Bivona with the Sinatra Touch from 12 to 3 p.m. in Ocean Avenue Park. Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2013 E. Recognize the accomplishment of the Recreation & Parks Department Ages 11 -12 Cheerleading team that won the Official Florida Championship Cheer and Dance competition that was held in Tampa on February 9 -10 Mayor Hay was proud to recognize the young ladies who were putting Boynton Beach on the map by winning the Florida Championship Cheer and Dance competition. Wally Majors, Recreation and Parks Director, presented certificates of appreciation to the team members and coaches for their accomplishment. F. Announce the Annual Tennis Carnival organized by the Education & Youth Advisory Board Mr. Majors announced the 7 th Annual Youth Tennis Carnival to be held on April 27 in Hunter's Run for any child, ages 6 -17. G. Announce the Boynton Beach Police Department's employees of the year Chief Immler presented the Department's employees of the year to the Commission. Barbara Scott was awarded Civilian Employee of the Year. Major Frank Briganti recommended Ms. Scott as a reliable employee who maintains employee files, interacts with the community, and prepares payroll for the Department. She was always willing to lend a helping hand. Detective Brian Anderson was named Detective of the Year working in the investigative section. Detective Anderson had gotten indictments in a double homicide, arrested a documented gang member, made an air tight case against three dangerous criminals and arrested bank robbers for an assault of a cab driver. He also connected video from an armed robbery to a traffic stop, leading to a confession and arrest. He is a skilled interrogator and has unquestionable judgment and outstanding integrity. Officer Eric Reynolds and Officer Chris Munro were named Officers of the Year. They were responsible for the capture of an armed bank robber who eluded police that eventually ended in a shooting exchange. Officer Reynolds was shot in the foot. Both Officers received the Police Department Combat Cross and Officer Reynolds received the Wound Medal. Both Officers had been chosen as the Officer of the Month, February 2013 by the National Law Enforcement Memorial Fund. Mayor Hay congratulated the employees for a job well done and they were further rewarded with a standing ovation from those present. H. Present Citation to Debby Coles - Dobay, Public Art Administrator for the City of Boynton Beach. 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2013 Mayor Hay read the Citation and presented it to Ms. Coles - Dobay, Public Art Administrator. The citation outlined the importance of art and culture in the growth and economic development of the City. Her experience and accomplishments in the field of Public Art were outlined. Her greatest achievement was the 2013 International Kinetic Art Exhibition and Symposium that attracted over 2,000 visitors to the exhibition and many more using modern technology to broadcast around the world. Ms. Coles - Dobay thanked City Commission, staff, Arts Commission, artists and contributors who helped to make her program a success. I. Tribute to the Woman's Club Mayor Hay read the Tribute and presented it to Kay Baker from the Woman's Club. The Club has been in existence for 104 years and would be celebrating their anniversary with an Open House on March 10 from 2 to 5 p.m. Ms. Baker invited everyone to attend the ceremony. 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) David Floering, 417 NE 6 th Avenue, was alarmed by the number of deficiencies outlined in the audit of the 2011 budget. One of the significant deficiencies indicated the City Attorney did not recognize legal liabilities in the budgetary process that could result in a serious issue. Another issue was the failure to reconcile bank accounts because of the loss of an employee. There was the question of six purchases over $25,000 that was not approved by the Commission. Tim Howard, Finance Director, addressed all the issues to the Attorney General's office, except the six purchases over $25,000. A similar allegation was the main issue that resulted in the termination of Lisa Bright, as Executive Director of the Community Redevelopment Agency and may play a part in her wrongful termination law suit. Mr. Floering felt a big issue for the City was Attorney Cherof. Mr. Floering reviewed the fact he had sued the City regarding the vacant seat on the Commission, the issue was resolved and all he had requested was the $460 he had paid to file the suit. Attorney Cherof has refused to pay the fees and the matter would again be before the Court for payment. Mr. Floering had outstanding tow bills that had not been paid for years even though Attorney Cherof agreed the bills were owed. He thought the deficiencies in the audit needed to be addressed by the Commission and there should be closer monitoring of Attorney Cherof. David Katz, 67 Midwood Lane, recalled at the last meeting he had requested that Commissioner Holzman update his campaign reports into a more legible format. He 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2013 had copies of the reports filed by Commissioner Holzman for anyone's review. Mr. Katz indicated he had been served to be a witness in the Lisa Bright law suit by the Community Redevelopment Agency's attorney. It is obvious Attorney Cherof should give an update, because Mr. Katz contended he had no knowledge of her case. He surmised the increase in liability insurance rates reflect practices that simply add items to increase fees. There were also two endorsements published in the Palm Beach Post and written by Randy Shultz that mentioned Mr. Katz. In Mr. Katz's view, the editorials are full of dissent and commentary that result in dysentery. Ray Whitely, 7357 Palmdale Drive, thanked the Commission for their efforts to clear the cloud that had shaded Boynton Beach. He looked forward to working with the new Commission and was excited about the greater things that could be done by Boynton United for the City of Boynton Beach. Rick Murphy, 640 Snug Harbor Drive, an administrator at South Tech High School and Career Academy indicated the school has grades nine through 12 and 13 career academies from automotive to licensed practical nurse including one of the biggest adult school centers in Palm Beach County. The school would be expanding and coming back before the Commission for approval. He invited the Commission to visit South Tech at any time. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 2 alternates There were no applicants to fill any of the vacant positions. Meeting Minutes Regular City Commission Boynton Beach, FL 6. CONSENT AGENDA March 5, 2013 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. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the four (4) month period ended January 31, 2013. Commissioner Holzman noted the data indicated there was an increase in expenses over last year and the explanation given was higher costs in health care and pension. He wanted clarification with dollar amounts given. Tim Howard, Director of Finance, admitted the statements were in general. The City's contribution for the pension funds increased from $11.2 million to $14.5 million for a $3.2 million increase with the payment being made once a year in October. The health insurance cost rose by 14.9% that equates to approximately $730,000 for the General Fund and $186,000 for the Utility Fund. The last actuarial report for the pensions reflects the pension contribution for next year should remain flat. Mr. Howard would provide more data to the entire Commission. Ms. LaVerriere explained that the increases had been identified, discussed and budgeted during the budget hearings. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion carried unanimously. B. PROPOSED RESOLUTION NO. R13 -022 - Approve the 36 -month Service Agreement with Windstream to provide long distance telephone service by piggybacking off of GSA agreement #GS- 35F -0016T in the amount of $4,704 /year ($392 /month) C. PROPOSED RESOLUTION NO. R13 -023 - Approve Subordination Agreement allowing for a subordination of the City's SHIP Mortgage for Marty Duncan of 719 N.W. 7th Street, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. Meeting Minutes Regular City Commission Boynton Beach, FL March 5, 2013 Vice Mayor McCray had pulled the item to express his elation that a citizen was able to save money with the investment of the SHIP funding of $33,200. Job well done! Motion Vice Chair McCray moved for approval. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. D. Approve the minutes from the Regular City Commission meeting held on February 19, 2013 E. Accept the resignation of Jayvonna Roker, a student member of the Education and Youth Advisory Board 7. BIDS AND PURCHASES OVER $100,000 None 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. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 8 Meeting Minutes Regular City Commission Boynton Beach, FL 13. LEGAL March 5, 2013 A. PROPOSED ORDINANCE NO. 13 -004 - SECOND READING - PUBLIC HEARING - Approve abandonment of a portion of the 35 -foot wide Galaxy Way street right -of -way running in a north -south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. Attorney Cherof read Proposed Ordinance No. 13 -004 by title only on second reading. Motion Commissioner Taylor moved to approve Holzman seconded the motion. Vice Mayor McCray and Commissioner Vote City Clerk Prainito called the roll. The vote was 5 -0. Vice Mayor McCray requested an update on when the road would be repaved where the potable water lines were installed to Galaxy Elementary School. Ms. LaVerriere would find out from the contractor and advise the Commission. She did know the sidewalk work would be commencing in another week or so. 14. FUTURE AGENDA ITEMS A. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being no further business to come before the Commission, Mayor Hay properly adjourned the meeting at 7:31 p.m. 9 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: g ' Sri. & 3�" erk t M. Prainito, MMC W A. Pyle, CMG Ci ty y Clerk March 5, 2013 CITY OF BOYNTON BEACH Dajd fVle rker, Corrr)missi n Woodrow L. Hay, Co missio Michael M. Fitzpatrick, mmissioner Wayn egal, Co issioner 10 MEN FAT 1;1];Iri�� I, m3mn WIN MOT-0 1 n I LZAT NMMAEAWBMUMM�� 11 ; TYPE OF RELIEF SOUGHT: Abandonment of a portion of the 35 foot wide Galaxy Way street right-of-way running in a north-south direction for a distance • approximately 430 feet, in conjunction with the modernization • Galaxy Elementary School. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida • the date • hearing stated above. The City Commission having considered the relief sought by applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applican MS HAS NOT I 11111111� - i I MGM.= 3. The conditions for development requested • the Applicant, administrative staff, or suggestei by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". The Applicant's application for relief is hereby ,. subject to the conditions referenced in paragraph 3 hereof. DENIED • All further development • the property shall be made in accordance with the terms and conditions • this order. 7. Other: DATED: S-(V-aD1 C !5�ar, City Clerk S:\Planning\SHARED\WP\PROJECTS\Galaxy Elementary SchooRABAN 13-001\DO.doc io I x : i - NW 4T -- 'H AV --- E - ......... -AVE- 6TH AVE -NW WW 6T.H VE. P.B.C.R. P PALM BEACH COUNTY RECORDS p p . S 015 P.B. P PLAT BOOK S S. W. CORNER • • - -35, S.W. CORNER OF GALAXY WAY O.R,B. 2226, S. W. CORNER 20 2 ' SEC. 21-45-43 (BEARING BAStS) 29+28 1 S. 89'47 °31'° E. S. 89 W, 36.53 & R = 50.00; A = 91 45" Ln L = 30.0 ' i CN to C%4 m a� GALAXY PARK a: ORB. 24673 PG. 1797 5. U) (A -j ce 1 o o 0 3 : t LIJ LLJ w ,—S. E. 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