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Minutes 09-02-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, SEPTEMBER 2,2005 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 David T olces, Assistant City Attorney Judith Pyle, Deputy City Clerk Call to Order Mayor Taylor called the agenda preview conference meeting to order at 10:05 a.m. I. Openings: A. Invocation Vice Mayor McCray offered to give the invocation. 1. First Budget Public Hearing for Fiscal Year 2005/02 Budget Vice Mayor McCray inquired if staff would be giving a presentation for the benefit of the audience. Mr. Bressner responded that an overview of the budget would be given. II. Other A. Informational Items by Members of the City Commission Vice Mayor McCray thanked the Mayor, Commissioners and all City staff for the flowers, telephone calls, cards and well wishes during the passing of his grandmother who died at age 1 01 . Mayor Taylor inquired if the City planned to provide any relief to the victims of Hurricane Katrina. Mr. Bressner noted many employees inquired if there was anything the City could do. He explained the City is prohibited by law from funding private relief efforts. He noted the Police Chief and Fire Chief Associations are looking to see how their Associations could join together to provide relief. Mr. Bressner reported speaking with Pastor Chaney and some of the City's churches are putting together a relief effort to collect food and clothing. Mr. Bressner was informed that the supplies would be sent to a church in Birmingham, Alabama that is caring for refugees from the evacuation area. He informed Reverend Chaney that the Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2, 2005 City could not provide funding because the efforts were private efforts, but Mr. Bressner noted the City could let the community know what the church is undertaking in its relief efforts and is seeking donations. Some employees questioned if they could donate some of their unused vacation time to a relief fund, such as the Red Cross and this is being looked at. Mr. Bressner would welcome any ideas that the Commission would like to bring forth. Attorney Tolces added that if the Commission determined to make specific findings with respect to the budgeting of specific funds to assist in the relief effort that would serve a municipal or public purpose, the City could potentially assist the Commission in meeting their objective. Therefore, it is up to the Commission if they want to set up a policy with respect to contributions to entities such as the United Way or Red Cross. This would comply with the laws of Florida. Mayor Taylor would approve allowing City employees to donate some of their vacation time, similar to what is done for the Heart Walk. He also thought if private corporations wanted to contribute to the City's effort, they could contribute a check in the name of Boynton Beach, but in actuality it would be coming from a private concern. Mayor Taylor was opposed to using public funds for any church relief efforts because the money would be leaving the City. Further, Mayor Taylor would only support contributing to a known organization, such as the Red Cross or United Way, to make sure the people that need the money, receive the money. Vice Mayor McCray advocated publicizing that people could drop off certain supplies to the churches that were collecting specific items for the hurricane victims. If City employees wanted to bring needed items to St. John's Missionary Baptist Church, he was not opposed to this. Commissioner McKoy felt it was incumbent upon the City to publicize the drop off places for people to donate supplies so people would know where to donate items. Commissioner Ferguson would like the City to be the central clearinghouse for the information flow for all residents, not just employees. Commissioner Ensler recommended that City employees be provided with a funding mechanism so they could make donations. Also, if any resident wanted to make a donation, he would like the City to handle it. Mayor Taylor emphasized that employee contributions were strictly voluntary and no one was being pressured to contribute. Mr. Bressner pointed out there is an Administrative Policy that governs solicitations of City employees and the City is very careful to adhere to this policy. Currently, the only three charitable organizations that are involved in an employee-sponsored activity are the United Way, American Heart Association and the Community Blood Bank. In order 2 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2, 2005 to accomplish what has been discussed to allow contributions to the Red Cross would have to be done administratively. If the City wanted to use the Red Cross as the entity to receive the contributions, through payroll deductions, he would have to add the Red Cross as an employee- sponsored entity. In addition, the City could (1) advertise and publicize the efforts of all other organizations, (2) serve as a clearinghouse for information and donations, and, if necessary, (3) serve as a collection point for items to be shipped to other local organizations. There was a consensus among the Commission to proceed with the recommendations of Mr. Bressner. Fire Chief Bill Bingham noted the Firefighter Boot Drive begins today through Sunday for Muscular Dystrophy. The Muscular Dystrophy Association has committed over $1 million of their annual MDA Boot proceeds to the Hurricane Katrina Boot Drive. Therefore, contributions to the Boot Drive this weekend will also go towards the relief efforts for Hurricane Katrina victims. Mayor Taylor asked Mr. Bressner to address the gasoline situation in the State. Mr. Bressner responded that the staff team has put together a number of ideas regarding fuel consumption issues. The City's fuel situation is okay, but they are monitoring it. Commissioner Ensler inquired if the rising costs of fuel have affected what has been budgeted for fuel. Jeffrey Livergood, Public Works Director, reported that the fleet fund reserve is adequate and they could afford to purchase fuel. He feels this is a short-term event and by the end of the calendar year, gasoline prices should drop. If this were the case, the budgeted amount is more than sufficient. If the price goes up, they would have to use the fleet reserves to pay for gasoline. Also, staff is looking at ways to conserve fuel and is working with other departments for their input. Commissioner Ensler announced that today is the 60th anniversary of the signing of the end of WWII that took place on the U.S.S. Missouri. This is a very significant event and Commissioner Ensler would like an announcement made on behalf of the veterans in Boynton Beach. Commissioner Ensler requested that a proclamation be read and Mr. Bressner will follow through with this request. Vice Mayor McCray announced he received E-mail from the Greater Saint Paul African Methodist Episcopal Church in Boynton Beach that a service will be held on September 11, 2005 commemorating their 110th anniversary and he would like a proclamation announcing this. Mayor Taylor responded this is already being prepared. Mr. Bressner noted there would be two new agenda items under C.1. Proclamations. Commissioner Ferguson inquired why the Planning and Development Board appointment could not be made at this time. Mayor Taylor responded the resignation must be accepted before they add the opening to the agenda for replacement. Mr. 3 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2,2005 Bressner noted there has always been a one meeting waiting period because a person could rescind his resignation. Commissioner Ensler noted there has been mention to allow non-residents to serve on advisory boards. He would like to have a new ordinance to allow a limited number of non-residents to serve on certain boards. He requested this be brought before the Commission for discussion. Mr. Bressner anticipated this would be on the agenda sometime in the Fall. Commissioner Ensler requested it be added to future agenda items. VI. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the RFP for "REAL ESTATE ADMINISTRATOR" RFP #020- 1210-05/CJD to EARTH TEC CONSULTING, INC. of Miami, Florida to be hired on an "As Needed Basis" by task order. (Proposed Resolution No. R05-139) Vice Mayor McCray asked about the status of the Urban Group. Mr. Greene, Development Director, responded that these consultants would be replacing the Urban Group. Vice Mayor McCray will not pull this item. VI.C. 3. Proposed Resolution No. R05-141 RE: Approving and authorizing execution of Task Order No. U-04-18-2 with Stanley Consultants for furnishing services associated with the development of the Utilities system base map. The Task Order fee will have a not-to-exceed upper limit of $96,637. Commissioner Ensler inquired who would be maintaining the database. Mr. Bressner responded City staff would maintain the database. VI.C. 4. Proposed Resolution No. R05 - Re: Accepting two easements from Palm Shores at Gables End Association, Inc. and Windward Master Association, Inc. to the City of Boynton Beach, for the purpose of Constructing and Maintaining Underground Utilities to serve a proposed Congregate Care Facility. Mayor Taylor noted there was language inserted in the backup that the Association would not be prohibited from defending against future annexation. He questioned why this language was included. Mr. Bressner responded the item should not be on the agenda because neither he, nor Legal, had signed off on the item. The item should be deleted until those issues could be addressed. Item VI.C. 8. Proposed Resolution No. R05- Re: Approving the City of Boynton Beach's 2005 Hurricane Housing Assistance Plan as 4 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2, 2005 prepared for submission to the Florida Housing Finance Corporation. Vice Mayor McCray referred to Item V. "Administrative Budget", in the back-up that states 15% could be allocated towards salaries and benefits for 2005/2006 and questioned if this would only be relevant if a disaster occurred. Mr. Greene responded that this is funding the City would receive and the 15% administrative allocation is used to pay for staff to perform their work. This would not only apply during an emergency, but is part of the ongoing process of administering the funds. Vice Mayor McCray did not have a problem with this item. VI.E. Ratification of CRA Action: 1. CHOW HUT (MSPM 05-007) Request for Major site plan modification to construct a 1,718 square foot addition to an existing 702 square foot building for a 2,420 square foot restaurant on an 8,060 square foot parcel zoned Neighborhood commercial (C-2) Commissioner Ensler will be pulling this item and requested that a color rendering be provided. VI.F. Authorize the use of Community Investment Funds from Commissioner Ferguson in the amounts of $3,800 for the YMCA Partners with Youth Program and $2,500 for the Community Caring Center Commissioner Ensler noted there have been discussions regarding donations of City funds. Since the YMCA is not located within City limits and most of its membership is outside the City, he questioned if a donation to this organization would be permitted in accordance with the City Ordinance since a fee to use the facilities is also charged. He noted that the City Attorney has not signed off on the item, as well. Vice Mayor McCray announced that the YMCA serves underprivileged children in the City. When the Wilson Pool was closed, the children used the YMCA pool and Mr. Bressner confirmed that the YMCA was very gracious in providing a needed service to the youth when the Wilson Pool was not in service. Commissioner Ferguson noted that discretionary funds have been allowed for the preceding three years and he saw no reason to change at this time. Commissioner Ensler asked Attorney Tolces if this would be appropriate. Attorney Tolces responded that it is the Commission's policy to regulate the use of the funds and if in certain instances the Commission finds that it does not meet all the criteria, it would then be the Commission's discretion whether or not they want to approve the use of the funds for a particular purpose. 5 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2,2005 VI. I. Approving the updated Library Long Range Plan for 2005-2008 Vice Mayor McCray noted in the agenda backup it stated if this was not approved, the Library would have to withdraw from the Library Cooperative of the Palm Beaches as membership in the Cooperative is contingent on meeting the State requirements. Vice Mayor McCray inquired what the cost of the membership was and Ms. Farace responded there was no cost for membership. Vice Mayor McCray will be pulling this item for staff comments. Mr. Bressner agreed that a presentation could be given. VIII. Public Hearing. A. 1. Uptown Lofts @ Boynton Place (NWSP 05-021) Request site plan approval to construct a mixed-use development consisting of 43,361 square feet of retail, 474 multi-family dwelling units, and 20 townhouse units, on a 14.58-acre parcel in the Mixed Use-Low zoning districts. (Gulfstream Lumber) Commissioner Ferguson inquired how much space was between the railroad tracks on the west side from the beginning of the development. Mr. Rumpf will provide this information at the meeting. Mr. Bressner requested two measurements. One would be the setback from the railroad right-of-way and the other would be the setback from the track. x. Future Agenda Items. C. Agreement for the Boynton Beach - Heart of Boynton Project - Phase I (9/20/05) Vice Mayor McCray reported there are two individuals going into the Heart of Boynton community and telling residents they represent the City. Vice Mayor McCray inquired if a developer has been hired to represent the City. Mr. Bressner responded that this is inaccurate and no developer has been hired. Vice Mayor McCray requested when this item is addressed at the September 20th meeting, he would like the backup from the CRA workshop. Mr. Bressner will provide the requested information. Mr. Bressner asked Doug Hutchinson, CRA Director, if the CRA has completed the work on phase 1 in the HOB. Mr. Hutchinson said that the Agreement between the CRA and the City would be addressed first. The next step would be for the City to proceed with the eminent domain process if the parties executed the agreement. Mr. Bressner noted Vice Mayor McCray had asked at what stage the CRA was at in terms of discussing the Interlocal Agreement. Mr. Hutchinson said staff is preparing the document, Legal is reviewing it and it should be completed within a week. Mr. Hutchinson felt the Agreement would be addressed at the CRA workshop on September 22, 2005 in order for staff to receive 6 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2, 2005 direction on whether to re-enforce the request to the City to proceed with the Interlocal Agreement or withdraw it. Mr. Bressner stated it was important that the CRA have its review of the agreement completed and sent to the City Commission with a recommendation. It may turn out that the CRA may recommend to the City that if there is not a voluntary taking for property, the CRA may make a request for eminent domain. Mr. Bressner inquired if Items C. and D. should be moved to the first meeting in October based on this new time schedule and Mr. Hutchinson agreed to this change. A. Interlocal Agreement between the City and CRA - Boynton Beach Promenade Extension (Proposed Resolution No. 05-091) Tabled to 9/20105 Mr. Bressner asked Mr. Hutchinson for an update on this item. Mr. Hutchinson reported the CRA passed the agreement and the documents are being signed. After the documents are signed, they would come to the City Commission for signature, after which the $1.7 million would be transferred to the City. B. Interlocal Agreement between the City and CRA - Old High School (9/20/05) Mr. Hutchinson reported that the Interlocal Agreement for the Old High School has been approved by the CRA and is being signed and sent on to the City. Mayor Taylor thought that the entity referred to by Vice Mayor McCray would, in fact, be appearing before the CRA. Mr. Hutchinson stated that this entity would be making a brief presentation at the CRA September 15th meeting. Vice Mayor McCray noted that a new Human Resource Director has been hired and inquired if she would be present at the meeting. Mr. Bressner said that she would be at the meeting. Vice Mayor McCray also requested that the new Assistant Director of Financial Services, Bobby Jenkins, also be present at the meeting. Mr. Bressner requested that Mr. Mummert introduce Mr. Bobby Jenkins. Mr. Mummert complied and gave a brief outline of Mr. Jenkins' background and experience. Mr. Jenkins said he was pleased to be with the City. Commissioner McKoy pointed out that Mr. Jenkins was born and raised in Boynton Beach. XII. Legal. B. Ordinances - 1 st Reading 7 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida September 2,2005 1. Proposed Ordinance No. 05 - Re: Approving Solid Waste - Chapter 10 - Garbage, Trash and Offensive Conditions, Sec. 10-30, rates and charges for City service, repealing the rate of $13.15 per month for non-automated single family garbage collection Vice Mayor McCray asked if the $13.15 was being eliminated and Mr. Bressner confirmed the City is not following through with this. Commissioner Ferguson was opposed to this until it could be determined how much this would cost the City. Ms. Farace reported that the book the Library has been working on, which is part of the series titled "Images of America Boynton Beach" has been published and is available for sale. Ms. Farace will be presenting the Commission with their copies at the meeting. Mr. Bressner requested that Reverend Gill be present if possible. Ms. Farace pointed out that the Library staff, spearheaded by Janet DeVries, the Library's archivists and historian, also authored the book. The Library holds the copyright on the book and the proceeds will go to the Schoolhouse Children's Museum. Mr. Bressner will add this to presentations as Item 4. The cost of the book is $19.95 plus tax and is available for sale at the Library. Checks should be made payable either to the Library or Schoolhouse Children's Museum. Mayor Taylor noted an Executive Session would take place after the meeting adjourned. Adjournment There being no further business, the agenda preview conference adjourned at 10:50 a.m. CITY OF BOYNTON BEACH EST: ~r-~. v<..?c~ .c.;(.. /L ~?~ . eputy City Clerk ,. I " .'\..,.pU.(~tk.-IC I,^- .' ik t..dt..l"- Recording Secretary (September 6. 2005) 8