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Minutes 12-12-03 MTNUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN CONFERENCE ROOM C, WEST WZNG, CI'TY HALL, BOYNTON BEACH, FLOI~TDA, ON FR/DAY, DECEMBER 12, 2003 AT 10:00 A.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Absent Carl McKoy, Commissioner Call to Order Mayor Taylor called the meeting to order at 10:00 a.m. and announced that Commissioner McKoy was in Nashville. Announcements, Community & Special Events & Presentations Items C. 2. Presentation by United States Representative Shaw to East Boynton Beach Little League and Ztem C.3 Present the 2003 Holiday Parade Awards will be moved up and heard before ]:tem C. I Proclamations. V.A. Appointments to be made Mayor Taylor noted that there is a dearth of applications for the Boards. He discussed this with Mr. Bressner and it was determined to place some articles in the newspapers that the City is seeking Board members. Mr. Bressner recommended that they could put together a packet that would include a synopsis of the Boards and Commissions when they meet, what they do, and include copies of the Board applications that could be handed out to potential Board members. Mr. Bressner recommended that the Clerk's Office put together a packet of each document and provide them to him. He will then distribute them to the Commissioners. VT.A.B.1 Approve the purchase from DGG Taser, 75 M-26 advanced air tasers in the amount of $56,665.95 for the Police Commissioner McCray inquired what the balance was in this account, and Police Chief Gage said that there is approximately $90,000. Chief Gage stated that there are two separate accounts, and he will get the exact figure. Mr. Bressner explained that the Police Department continues to receive money from the Department of 3ustice for the City's participation in arrests and, therefore, this figure continually changes. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida December 12, 2003 Mr. Bressner asked Commissioner McCray if he would like a history of the Fund. Commissioner McCray stated that this would be helpful because he would like to know where the money is going. Mr. Bressner will provide a history of the Fund for the past three years. Mr. Ensler stated that it was important that the public understood what this was all about. He was not comfortable voting on the item until the public understands what it is all about and has an opportunity to provide comments. Mr. Ensler would like the item tabled to the next meeting. Mayor Taylor noted that the item had been on the agenda previously and it was tabled. He felt that the public had an opportunity to find out what this was all about. Mayor Taylor was not in favor of tabling the item again. Chief Gage explained that this was on the agenda when the Block Grant was approved and the Block Grant identified how the funds would be spent. This item is for approval of the actual purchase. Mr. Bressner recommended that someone pull the item for any public discussion. Mayor Taylor requested that Chief Gage give a short briefing on the use of the Taser. VZ.B.4. Purchase of five New and Unused 60 KW Generator Sets to C3's Sales and Service in the amount of $119,725 Commissioner McCray asked what the outcome was of the generator that was stolen. Mr. Bressner said that he would furnish Commissioner McCray a report on this. Mr. Sugerman inquired if Commissioner McCray would like the report publicly and Commissioner McCray said that it was not necessary to do it publicly. Commissioner Ensler inquired if the generators were going to replace existing units. Mr. Bressner stated that three would be replacing older models. VT.C.2. Proposed Resolution No. R03-194 Commissioner Ensler felt that the BLS rate was too Iow and would like the City to use the same figure that Boca Raton uses. Mr. Bressner inquired if Commissioner Ensler would be pulling this item. Chief Bingham pointed out that there are actually two issues. The City does not generally transport basic life support patients. This was only included in the schedule because if the provider that provides basic life transport cannot transport a patient, the City will transport that patient. However, Chief Bingham stated that he had no objection to increasing the amount to what Boca Raton charges. Commissioner Ensler will pull this item. Mr. Bressner will furnish the number of BLS calls that the City handled. VT.T. Approve renaming "Beta Drive" within the (~uantum Park PID to "The Watershed Way" Commissioner Ensler inquired what the City's policy was in naming a street after their business and would this set a precedent. Mr. Bressner was not certain if there was a policy and pointed out that this was a private street. Mr. Livergood stated that the City maintains the utilities, but not the street. Mr. Rumpf confirmed that it was approved by the POA. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida December 12, 2003 VIII. A. Boynton Delray Academy (COUS 03-008) Mayor Taylor noted that the CRA tabled this item. Attorney Cherof stated that since the CRA tabled the item, the Commission should also table it. Commissioner McCray pointed out that staff recommended approval and questioned why the Commission could not hear the item. He felt that the project should move ahead, and he would like the Commission to address this. Mayor Taylor felt that this was a CRA issue and they are the recommending body to the Commission. Attorney Cherof noted that if the Commission granted the conditional use and someone was opposed to it, that person would have good grounds to challenge it since it was not properly completed before it came to the Commission. Attorney Cherof recommended that the CRA be afforded the opportunity to complete their work. :If the Commission wants to act on it, the Commission should conduct a full quasi-judicial hearing. Mr. Sugerman, who was present at the CRA meeting, pointed out that the item was tabled because some Board members felt that the project might be denied and therefore, they recommended that the applicant meet with staff to work out the issues. The item will be coming back to the next CRA meeting. Mr. Sugerman did not feel that the item was tabled to delay the project, but to give staff and the applicant time to work out a number of issues. Mr. Hutchinson reported that the applicant applied for a fa~;ade grant to hemp with the fa(;ade issues raised by the Board. Commissioner McCray felt that the CRA was dragging its feet when it came to the Heart of Boynton project, but he would go along with whatever the Commission determined. Vice Mayor Ferguson felt that the proper procedures should be followed and it was agreed that the item would be tabled. VIII. B. Boynton Delray Academy (ABAN 03-012) Mr. Bressner reported that the CRA approved the abandonment and this item will move forward. IX. City Manager's Report Mr. Bressner stated that he moved :Items A and B from the consent agenda to the City Manager's Report to allow for presentations by representatives of the Education Advisory Board. X.C. Future Agenda Items - Ordinance granting FP&L an electric franchise agreement for 30 years Mr. Livergood reported that this item would not be ready for the January 6, 2004 meeting. Commissioner McCray asked what the City had planned for its employees for the Holiday and how much money is in the budget to cover this. He felt it was important to thank the Meeting Minutes Agenda Preview Conference Boynton Beach, Florida De,_-e~iber 12, 2003 employees. Mr. Bressner said that there are funds available that could be used. Jn the past gift certificates were handed out and the City could do this again. Commissioner McCray wanted to make sure that the City recognized their employees for a job well done. Mayor Taylor noted that in past years employees were given certificates to purchase a turkey for Thanksgiving and Christmas. However, over the years this increased to a $100 gift, which amounted to $90,000 for all employees. Because of the cost, it was taken out of the budget. However, Mayor Taylor felt that something could be done to recognize the employees. Commissioner McCray felt that the employees were worth a $90,000 investment for the good of the morale of the employees and the City. XZI. B.2. Legal - Ordinances - 1~t Reading - Designation of an official Municipal Seal After discussion and viewing the two seals, the Commission decided to select option #1, which has been registered as a trademark. Mr. Bressner pointed out that the statute provides penalties for improper use of the trademark and by adopting the ordinance, this would provide even greater protection. XI].D. Legal - Other Attorney Cherof announced that he had three cases that he needed to discuss with the Commission in closed session. He will be asking the Commission, under Legal Other, to set a date to meet. The three cases are (1) Barcelona Pre-Cast; (2) Vincent and Arlene Nolle; and (3) Boynton Beach Alliance and Desiderio Corporation. The Nolle case is the only case that has a trial date set in March. Mr. Bressner pointed out that an agenda for the Joint CRA/City Commission Meeting scheduled for December 17th needs to be set. The following items were suggested for inclusion: · Update on how the mixed-use regulations have worked. Tn connection therewith, what projects have been approved and any issues and concerns connected with them. · Can the CRA provide a time line of project completion dates so that the Commission could remove those redevelopment areas from the CRA and return them to the general tax rolls? · Parking problems. · ]Infrastructure of the downtown including power lines, sewage, drainage and effluent water. · llme lines for projects coming on line. Mr. Bressner said that staff would review all the approved projects and what the time lines are for permitting. In addition, Commissioner McCray would like to discuss accountability and Mayor Taylor would like to know if the Commission has any say over the money that the CRA allocates for projects. Mr. Bressner asked Mr. Hutchinson if the CRA had an agenda. Mr. Hutchinson pointed out that there is a shell for a parking authority and it needs to be determined how this would operate and who would be responsible for building future garages. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida December 12, 2003 Mr. Bressner asked if the CRA would be paying anything towards the Old High School and what are the proposed uses for the property. Mr. Hutchinson stated that staff needs direction on several items including the High School, Library and the Museum. He would like to know the priorities of the Commission. Also, there needs to be consideration to establish a downtown authority. Mr. Hutchinson stated that they plan to update the Visions 20/20 Plan this year. Mr. Ensler would also like to discuss a municipal complex. Commissioner McCray suggested an update on what is going on with BODA. Vice Mayor Ferguson did not think this was pertinent. Mr. Hutchinson will provide this. Mr. Sugerman pointed out that the CRA does not get involved in infrastructure improvements and he recommended that they could have a special meeting for this purpose. He did not think that this should be an item to discuss with the CRA Board. XZT~[. A. Unfinished Business The current language will be deleted and the new language will read: "City Commission review of appointment of Chairs of quasi judicial boards." Mr. Bressner will provide a revised agenda cover sheet with the new language. There being no further business, the Agenda Preview Meeting properly adjourned at ::[0:55 p.m. A'i-I-EST: Recording Secretary CITY OF BOYNTON BEACH (One tape) (December 16, 2003) 5