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Minutes 08-12-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, AUGUST 12, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Judith Pyle, Deputy City Clerk Mayor Taylor called the agenda preview conference meeting to order at 10:03 a.m. II-A. Informational Items by Members of the City Commission Vice Mayor McCray announced the passing of his grandmother, Mrs. Annie McCray, in Jupiter, Florida. She was 101 years of age. The service will be next Saturday in Jupiter. Vice Mayor McCray referred to a memorandum that was sent to the members of the City Commission regarding the 2005 Holiday Schedule. The last time the Holiday Parade was scheduled, it conflicted with the FAMU and Bethune Cookman game in Orlando. He wanted to make certain that the hOliday parade did not conflict with this event again since the turnout was rather poor last year. Also, since there was plenty of time, he wanted the City to let the high and middle schools know about this event and the need for their bands to participate. Of four high schools, only one band came forward last year. Mr. Bressner confirmed that November 19 was the game date so staff would reconvene to work on this. He recalled the problems from the previous year and appreciated Vice Mayor McCray's mention of it. Commissioner McKoy stated that a lot of the bands were involved in competitions at that time of the year, so the sooner staff could look into this, the better. III -C. Presentations City Manager Bressner asked for consensus on moving the first reading of the Proposed Ordinance approving the establishment of a Veteran's Advisory Commission from XII-S.l to the early part of the meeting. He made this suggestion since there would be a lot of veterans present and they could leave after this item. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida August 12, 2005 XI-A Approve the allocation of $5,000 of Community Investment Funds from Commissioner Ensler for design work on a proposed veteran's memorial. In addition, consider appropriating $30,000 to the CIP Fund for construction of a veteran's memorial Commissioner Ensler asked to have Item XI-A, the item on the $30K appropriation for the Eternal Flame moved up to join the reading of the ordinance, since several of the veterans would want to speak on it. Although Commissioner Ferguson was in favor of leaving it where it was on the agenda, the consensus was to move it forward along with the ordinance item. After obtaining consensus, the Presentations section was changed as follows: C-l will be the Proclamation on Firefighters Appreciation Week. C-2 will be the Ordinance establishing the Veteran's Advisory Commission C-3 will be the Community Investment Fund item on an appropriation of $30K to the CIP Fund for construction of a memorial for veterans C-4 will be the Building Colors presentation. Commissioner Ensler asked that the last sentence of Item C-3 be ended at the word memorial since the location for the memorial was still undecided. Vice Mayor McCray asked about the length of the Colors presentation. Commissioner Ensler stated that it had taken about 45 minutes at the Planning & Development and CRA boards. Mayor Taylor thought it could possibly be reduced to 30 minutes. IV. Public Audience Vice Mayor McCray expressed a desire for the three-minute guideline to be observed consistently, noting that it had not always been done. Mayor Taylor responded that he tries to do that but at the last meeting, one person was speaking for an entire group of people and he let that person talk a little longer. VI.C-l.e Consent Agenda Authorization to establish wastewater user rate to cities for Fiscal Year 2005/2006 City Manager Bressner suggested that this item be tabled for two weeks to allow clarification on the Golf Course agreements. There was consensus to do so. Commissioner Ferguson asked what the change was from the previous year and City Manager Bressner offered to find out. 2 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida August 12, 2005 VI.C-3 Consent Agenda Negotiated Renewal Benefits and Premiums for 2005-2006 Health Insurance coverage with Blue Cross/Blue Shield of Florida Vice Mayor McCray inquired about the amount of increase from the previous year. City Manager Bressner responded 12.67%. VI.E-2 Arches - Major Site Plan Modification approval for the construction of a large scale mixed-use project consisting of 378 dwelling units and 38,500 square feet of retail on :t:4.8 acres in the Mixed Use-High (MU-H) zoning district City Attorney Cherof recommended tabling this item until after the CRA heard the request for rezoning and land use amendments at its August 30, 2005 meeting. After discussion, it was determined that this could stay on the agenda if the applicant publicly acknowledges that the approval is contingent on the approval of the land use amendment rezoning. This contingency should be made a condition of approval of the site plan modification. VI.E-J Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $2,000 for the HeadStart program Commissioner Ensler asked that $500 be added to this from his allotment at the appropriate time (in September). x. Future Agenda Items (Interlocal Agreements with CRA, Items B, C, and E) City Manager Bressner said that since the CRA had not been able to address these items at its last meeting, they might have to be moved to the first meeting in October, depending on what the CRA is able to accomplish at the August 30 meeting. Commissioner Ensler commented that at the Commission's last offsite meeting, the discussion generated an action item to initiate a procedure establishing a public purpose prior to land acquisition activities on the part of the Commission or the CRA. The problem pointed out at that time was there might have been competition between the City, the CRA, and the public in this area. He asked to add this as a new item under Future Agenda Items, noting that it tied in with Item E also. Commissioner Ensler's remarks were clarified by the City Manager and the City Attorney to mean the voluntary acquisition of land and not land acquired through the eminent domain process. 3 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida August 12, 2005 City Manager Bressner expressed an objection to extending this policy to the CRA, believing this would constrain the ability of the CRA to go forward with the development plans that the City Commission and CRA have previously approved. He felt that the State Legislature was going to deal with this issue during its current session and their actions might affect voluntary acquisitions. Commissioner Ensler was concerned that if the CRA or the City competed against private industry, they could be subjected to litigation. Mayor Taylor commented that at its last meeting, the CRA had decided to discuss this item in a workshop. Commissioner Ensler asked the attorneys to research it. City Manager Bressner felt this was a major research item that the City Commission would have to authorize. Vice Mayor McCray was not in favor of doing anything until the CRA came back to the City Commission with a recommendation from their workshop of the issue. Commissioner Ensler was willing to wait until then. XII.A-l Proposed Ordinance No. 05-040 reo Rezoning 2.54 acres from R-l-AA Single Family Residential to R-l-A Single Family Residential (Future Land use classification to remain Low Density Residential (LDR)) for the ultimate development of 10 single-family residential lots. (Gerrity) City Attorney Cherof indicated this item should show it had been tabled at a previous meeting so it could come off the table. XII.C-2 Proposed Ordinance reo Approving the establishment of a Veteran's Advisory Commission. (1st reading of Proposed Ordinance). Commissioner Ensler referred to page five of the proposed ordinance, item D, ReappointmentjRemoval/Vacancy, and the provision of being removed for missing four meetings. He suggested that it say, "per year." He also wanted consideration to be given for the advanced age and health concerns of the board members. After discussion, it was determined that the removal was not automatic and was subject to the action of the City Commission and so the language could stand as written. Commissioner Ensler remarked that the number required for a quorum should be changed to 4 instead of 5 for the 7 board members. Also, the honorary members section should read: "may nominate up to 5 individuals" instead of "shall nominate." It should not be mandatory. Vice Chair McCray hoped that younger veterans could be recruited to serve on the board. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida August 12, 2005 XII. Legal B-2 Proposed Ordinance amending Ordinance 098- 06 by amending Chapter IV, "Benefits," subsection 07 Entitled" Family and Medical Leave Act" of the Personnel Policy Manual to conform to union contracts Commissioner Ferguson asked that an explanatory note be included stating that this action was being taken to conform to the union contracts. Commissioner Ensler inquired whether an employee could be out longer than the twelve weeks allowed under FMLA and still be considered an employee. City Attorney Cherof responded that this could not be done under FMLA; however, the City has an administrative policy allowing the City Manager to grant extensions for exceptional cause. City Manager Bressner noted that during his tenure as City Manager, no requests for extensions beyond the twelve weeks had been submitted to him. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 10:26 p.m. City of Boynton Beach ///:J:7 . , t;lat L ~t1'l I L Recording Secretary (081205) J~~. ~ or >: ~ ____-?'J ~..///~~ \ Gice~YOr . :J } 1 r- "~I ,."-./} 1<" ~ (:{.. - L J.~ C . ---. ..::::- "~ omm 10 er .. . _ ----:-:~ .' ~;J /~~. /_- -), (7/ . /~::;.~~. <. ,. /- j,/f//Z"O~~'~~/"'Y' ,~=??' Commissione r.. L.! ./~_/ ... /. ._/{ , , ,,- .. /1' ~/ ~-- ATTEST: ~~dZt~- --::'/ eputy City Clerk,~ /,'