Minutes 03-16-07
MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING
HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS
ON FRIDAY, MARCH 16, 2007 AT 9:00 A.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
David Tolces, Assistant City Attorney
Janet Prainito, City Clerk
CALL TO ORDER:
Mayor Taylor called the meeting to order at 9:01 a.m.
I.D.l. Additions, Deletions or Corrections
Vice Mayor Rodriguez proposed that the Community Redevelopment Executive Director be present
at the Commission meeting to answer questions regarding the Agency's strategy involving the
recent acquisition of land on Seacrest Boulevard and the strategy for buying the Woman's Club.
Mayor Taylor suggested a discussion regarding the CRA be held under New Business and a request
be made to the Executive Director and Chair of the CRA board to be present.
Mayor Taylor asked that the issue of the lobbying ordinance be revisited and placed on the agenda
under New Business. He had voted on the prevailing side when the issue had first been discussed.
Mr. Bressner noted the previous agenda packet that contained all the background information
could be resubmitted. Vice Mayor Rodriguez inquired if the City Manager had gotten any
information regarding the cost of such an ordinance. Mr. Bressner had not gone further because
the item had not passed. He would attempt to obtain some information from the County offices.
Commissioner McCray requested an update on the recent development regarding the Homestead
Exemption be placed on the agenda under City Manager's Report.
Commissioner McKoy asked that approval for a donation of $2,000 from his Community
Investment Funds to the National Youth Association for Academics and Athletics be added to the
Consent Agenda as Item VI.G.
Commissioner McCray inquired if information could be provided on the balances available in the
accounts. Mr. Bressner agreed to provide the accounting.
Commissioner Weiland requested the approval of the use of his Community Investment Funds in
the amount of $3,000 to Bethesda Hospital during Nurses' Week for scholarships and $5,000 to the
Veterans' eternal flame project. Mr. Bressner advised there were issues regarding the proposed
location of the eternal flame.
Minutes
Agenda Preview Conference
Boynton Beach, FL
March 16, 2007
Commissioner Weiland also suggested a new procedure be considered for the Vice Mayor to select
the Chair of the boards and the Mayor chose the Vice Chair on the advisory boards. He disagreed
with the proposal of removing anyone from an advisory board after elections in November, in the
middle of their term.
Mayor Taylor suggested the discussion be added under New Business.
Vice Mayor Rodriguez added it was not his intent to remove anyone from a board in the middle of
their term, but acknowledged it could occur if new Commissioners were allowed to make
appointments after being newly elected in November.
Commissioner McCray agreed with Commissioner Weiland's position and requested a verbatim of
the previous discussion to clarify the issue. Mr. Bressner advised a verbatim excerpt of the issue
would be provided by Tuesday.
Commissioner McKoy requested clarification on exactly what was going to be discussed at the
meeting. Commissioner Weiland recapped the discussion would be on allowing the Vice Mayor to
appoint the Chair on advisory boards and the Mayor appoint the Vice Chair on advisory boards
versus the boards selecting the Chair and Vice Chair.
Commissioner McKoy suggested the minutes be reviewed on the last time the issue of selection of
the Chair and Vice Chair had been considered. Mr. Bressner recalled the process was to be a
Commission decision, but had failed.
Mayor Taylor noted the Senior Advisory Board had recently voted to reduce the number of
members on the board. The board also had voted to reinstate an alternate member as regular
member. He questioned the authority for the actions. Mr. Bressner advised the advisory boards
did not have that authority and the information would be communicated to the Chair of the Senior
Advisory Board for correction.
V.A. Appointments
Commissioner McCray noted there were no applicants for the openings and suggested one motion
be made to table all appointments.
Commissioner Weiland again suggested the appointments be made in November and the April
appointments be carried over until December, 2007. He requested a discussion be held under New
Business. Mr. Bressner advised the previous Ordinance would be pulled along with the excerpts of
the minutes relating to the issue of the timing of the appointments.
VI.C.2.Proposed Resolution No. R07- RE: Approving and authorizing
execution of an agreement with the Sembler Company to allow a temporary
installation of traffic signal poles in a City easement on the west side of
Congress Avenue at the entrance to the Boynton Beach Mall adjacent to Olive
Garden Restaurant.
Commissioner McCray inquired regarding the duration of the temporary installation and any
possible liability involved.
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 16, 2007
Jeff Livergood, Director of Public Works and Engineering, reported the installation would be for
approximately 90-120 days while an agreement was reached that included indemnification from
the developer.
VI.C.3. Proposed Resolution No. R07- RE: Approving and authorizing
Change Order #7 for the Library Expansion Project in the credit amount of
($12,620). This includes additional costs in the amount of $19,793 due to
unforeseen needs and a credit balance from the contractor to the City for
deletion of the drive through window insert and canopy top in the amount of
($32,413).
Commissioner McCray inquired how books could be returned after hours.
Craig Clark, Library Director, advised an after-hours book drop would replace the drive thru
window.
VI.C.5. Proposed Resolution No. R07- RE: Opposing House Bill 529
known as the "Consumer Choice Act of 2007" (H529) urging Florida legislative
representatives to refrain from any form of support or co-sponsorship of H529
and to vote in opposition to H529, requesting Governor Crist to advise the House
and Senate leadership that he does not support H529 during the 2007 regular
session.
Commissioner McCray advised State representatives were urging municipalities to write letters in
opposition to the proposed House Bill. Mr. Bressner concurred and indicated the item was still in
committee and had not reached the floor.
Commissioner McKoy offered to provide the information given to the Florida League of Cities on
the topic.
Commissioner McCray requested the dollar amount of monies that would be lost if the House Bill
passed. Mr. Bressner would provide the figure.
VI.D. Approve the request of Palm Beach County Division of Human Services to waive
the Opening &. Closing Fees of $400 at Boynton Beach Memorial Park for Charles
McAlevey.
Commissioner McCray opined it would be a disgrace if the City did not waive the fee for the family.
It would send a nice message to the community that the City did take care of its young and old.
x. FUTURE AGENDA ITEMS
Commissioner McCray suggested an item be added for an update on the water restrictions. Mr.
Bressner advised an Ordinance had been adopted that runs parallel with the South Florida Water
Managements advisories or regulations. The enforcement process would be put in motion. All City
facilities would be calibrating their sprinklers. The Police Department would be prepared and the
water rates would adjust with the next billing cycle.
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 16, 2007
Mayor Taylor suggested a notice be placed in the newspaper to advise residents of the changes
and the possibility of a 15% increase if the water limits were exceeded.
Commissioner Weiland was in disagreement with the 15% increase because it penalized the larger
families and their daily usage. Mr. Bressner reported the limitation was usage over 9,000 gallons
per billing cycle. Vice Mayor Rodriguez inquired if a benchmark would be more just. Mr. Bressner
recommended that type of adjustment would necessitate revising the entire Ordinance. It would
not be parallel with South Florida Water Management District.
Commissioner Weiland reiterated his contention the surcharge was not fair to larger families. Vice
Mayor Rodriguez agreed with Commissioner Weiland.
XII.E.l.Retention of Mark Raymond of Holland &. Knight as the City's Bond Counselor
retain a new attorney with the law firm Moyle, Flanigan, Katz, Raymond, White
&. Krasker as the City's Bond Counsel and authorizing the City Manager to sign a
letter indicating the City Commission's decision.
Commissioner McCray asked for a recommendation on the performance of Mr. Raymond. Mr.
Bressner noted Mr. Raymond's performance had been excellent.
VI.C.4.Proposed Resolution No. R07- RE: Approving and authorizing
execution of an agreement for professional planning services between the City
of Boynton Beach and Dick Hudson, for an annual amount not to exceed
$61,000.
Commissioner McCray returned to Item VI.C.4. and inquired if the agreement would be renewed
annually.
Mike Rumpf, Director of Planning and Zoning, reported the contract had been written to allow
annual renewal depending on need and Mr. Hudson's availability.
XIV. ADJOURNMENT
There being no further matters to come before the Commission, Mayor Taylor properly adjourned
the meeting at 9:34 a.m.
(Continued on next page)
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Minutes
Agenda Preview Conference
Boynton Beach, FL
March 16, 2007
CITY OF BOYNTON BEACH
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