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Minutes 07-13-07 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS ON FRIDAY, JULY 13, 2007 AT 9:00 A.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Carl McKoy, Commissioner CALL TO ORDER Mayor Taylor called the meeting to order at 9 a.m. I.B. Invocation by Mayor Taylor noted there appeared to be no one available for the invocation. Who would offer the invocation could be decided the night of the meeting. I.D. Additions, Deletions, Corrections Commissioner McCray requested the addition of a discussion on the timeline for reissuing the RFP for the Heart of Boynton. Attorney Cherof advised the RFP was a CRA matter and not a Commission issue at this point. A request could be made to have a member of the CRA available to address the issue. The decision would not be before the Commission. Vice Mayor Rodriguez clarified the discussion at the CRA meeting related to reissuing the RFP and he had requested a timeline from the Executive Director. Commissioner McCray requested the minutes be pulled and reiterated his belief that the project should continue for those four months. He expressed concern that the RFP process was being rushed. There was no urgency. He contended with the bad perception created of the elected officials, it would be prudent to wait for the four months rather than rush the RFP process. Vice Mayor Rodriguez reiterated he made the request for the four month timeline as a board member of the CRA and not as a Commissioner. 1 Agenda Preview City Commission Boynton Beach July 13, 2007 Commissioner McCray noted a special session was also suggested and he did not favor a special session and believed the issue should be discussed at the next CRA meeting. Mayor Taylor advised the matter did not relate to the Commission meeting. Vice Mayor Rodriguez requested to add a donation of $1,800 for the Hispanic Human Resource Council for their Children Development Center. The backup would be provided by Tuesday. Commissioner McCray inquired if the backup could be provided before Tuesday. Vice Mayor Rodriguez explained the organization serves children, low income, disadvantaged children from the ages of infant to five years old and they have 350 children currently enrolled. He would provide further information no later than Monday. Commissioner McCray announced he would have comments regarding what had transpired in the City. He would also have comments regarding District II that should be spoken publicly. Mayor Taylor suggested the comments be presented under II.A. Information Items. Commissioner McCray agreed. II.A. Informational Items by Members of the City Commission Mayor Taylor advised he had received a phone call from Senator Ron Klein advising the House Bill contained $300,000 for Fire Station #5 and the Emergency Operations Center. The bill had to pass the Senate, but it was included by the House. Mr. Bressner added the funds were to harden the facility. It would require that the City closely monitor the legislative process. Mayor Taylor indicated Senator Klein would be monitoring the legislation. Commissioner Weiland noted it was good to hear positive feedback in the news regarding the Boynton Beach Police Department honoring the female officer that had recognized a suspect. Chief Immler advised it was a Community Service Officer. Mayor Taylor added there were two positive articles in the newspaper. One related to the Carolyn Sims art work and the other relating to additional police training in a school environment. III.C.4.Presentation by the Veteran's Advisory Commission regarding a veterans memorial. Commissioner McCray inquired if this was the presentation that was not heard at the prior meeting. Mr. Bressner confirmed it was the same presentation. Mayor Taylor explained there was work on an eternal flame that former Vice Mayor Ensler supported; however, it had been dropped from the budget. The Veterans Commission was donating their own monument to be considered. Mr. Bressner added the site was supposed to be Bicentennial Park rather than Veterans Park also. V.A. Appoint an advisory committee of five (5) persons to review the proposed naming of Southeast Neighborhood Park in honor of Betty Thomas. 2 Agenda Preview City Commission Boynton Beach July 13, 2007 Mayor Taylor noted eight names had been suggested and five should be selected. VI.C.2.Proposed Resolution No. R07- RE: Approving and authorizing execution of 2-year agreement with Sound Investments by J.W. Inc. d/b/a PRODVD Makers to provide virtual tours of city facilities, at a rate of $120 per site (51 sites) totaling $6,120 plus $1,313.25 annual maintenance fee due at the beginning of year two. Vice Mayor Rodriguez requested clarification on the intended use of the virtual tours. Mr. Bressner explained the videos would be utilized on the web page and cable television system. Ms. LeJeune advised it was an informational marketing tool appearing on BBTV and the web site for viewing such things as the beach, Children's Museum and the new Library to stimulate interest in the community. It could attract new residents and shoppers to the area. Mayor Taylor understood the departments would be filmed and then an annual maintenance fee would be needed. Alan Karjalainen, Webmaster, explained any software includes a maintenance fee for upgrades and maintenance of the software, being a normal and typical type charge. Mr. Bressner advised it was a cost effective way to acquaint the residents and outsiders to what the City has to offer. VI.C.4.Proposed Resolution No. R07- RE: Approving and authorizing execution of a contract with Thomas W. Ruff South Florida for the purchase of office furnishings, quote #102931 for the Boynton Beach City Library in the amount of $85,364.73. Commissioner McCray concluded the Friends of the Library were donating $100,000 and furniture purchased cost $85,000. The disposition of the remaining $15,000 was his concern. Craig Clark, Library Director, explained the funds would be used to purchase furnishings for the Library side as well as the office furnishings. VI.C.5.Proposed Resolution No. R07- RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules &. Regulations. Commissioner McCray questioned if three monuments would be placed on top of people's graves or three names on one monument. Tom Balfe, Parks Manager, advised three monuments were allowed on a grave and it was at the discretion of the family. Commissioner McCray suggested all names on one would be more appropriate at the head rather than three little sections. Mr. Bressner questioned if it could be required in exchange for allowing the internment of three cremains. The suggestion would have to go back to the Cemetery Board for a subsequent revision to the rules. Commissioner McCray felt the placement of the monuments should be uniform. Mayor Taylor expressed concern if the deaths happened at various times the monument would have to be relabeled for each death. Mr. Balfe explained the practice of most monument 3 Agenda Preview City Commission Boynton Beach July 13, 2007 companies was to come back to the cemetery to do the sandblasting rather than removing and replacing the monument. Commissioner McCray felt the placement of monuments should be specified. It was determined the item would be tabled for clarification. VIII.A.Project: Agent: Owner: Location: Description: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2,2006, from May 2,2007 to May 2, 2008. (Tabled to July 17, 2007)(Applicant requests postponement to August 21, 2007 due to medical condition) Mr. Bressner advised there would be public audience on the matter. There have been issues with the surrounding developments and staff has verified issues relating to landscape buffering, appearance of the property during construction and other issues. Vice Mayor Rodriguez noted the only issue was the request for tabling. Commissioner McCray suggested the matter be moved forward on the agenda so any interested parties would not be required to sit through most of the meeting only to have the matter tabled. Mr. Bressner thought some type of notification to the surrounding developments may be appropriate or an email to the spokesperson for the neighboring developments. As an alternative Mayor Taylor suggested the matter be taken off the table and discussed, but table the Commission's decision. Mr. Bressner admonished representation for the developer would not be present for the discussion. Attorney Cherof advised the matter could be tabled any number of times as long as proper notice was provided to the interested parts. A re-publication or re-mailing of the notice may be required at the applicant's expense. Mr. Bressner concurred another notice would be appropriate. VIII.E Approve recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2007/2008, as part of the Five Year Consolidated Plan. The anticipated 2007/2008 Community Development Block Grant allocation is $543,483. Vice Mayor Rodriguez requested verification of the advertising and posting and clarification on the development of the selection committee. Octavia Sherrod, Community Improvement Manager, pointed out the advertisement was during the past week in the Palm Beach Post. The original notification of the program and application submission had been in March. Ms. Sherrod explained volunteers were sought for the committee. Mr. Bressner added the process had been changed in 2000 when it was decided a broader base from the community was needed for the selection of grantees. Ms. Sherrod 4 Agenda Preview City Commission Boynton Beach July 13, 2007 stressed she was removed from the scoring of the applications and the amounts awarded to the subgrantees are determined by the committee, to avoid any conflict. Attorney Cherof advised based on the disclosure, no legal conflict existed. Mayor Taylor recalled the Commission had the option of changing the amounts recommended. Vice Mayor Rodriguez requested documentation of the actual scores assigned. Mayor Taylor did feel there was some overlap between the organizations. He felt the Community Caring Center was one of the most worthwhile organizations that assisted the less fortunate and favored giving the Center as much as possible. Mayor Taylor remarked the organization that received no funding could not verify any funds were used in Boynton Beach. Commissioner McCray recalled the previous year, Community Caring had requested more money and the Commission had agreed. IX.A. Follow up report on Utility rate alternatives Mr. Bressner explained there had been direction to develop a new three tier proposal consolidating the first two tiers. It would create a smoothing of the costs for consumption and increase the rates for the smaller users. Mayor Taylor's review of the information indicated the four tier system was the best deal for the consumer. Mr. Bressner emphasized the revenue need remained the same. Pete Mazzella, Deputy Director of Utilities, noted the agenda item was to simply determine the rate structure and not first reading of the ordinance. Mr. Bressner noted the ordinance could be finalized at the time of the second reading to conform to the appropriate rate tier. Mr. Mazzella advised public notice was problematic through the utility billing system as required by State statute that referred to the two meetings in August. The final notice in the billing cycle would not occur until August 2nd. Mayor Taylor submitted Utilities and the Legal Department would have to remedy the issue of notice. IX.B. Discussion of potential temporary conversion of the Pence Park softball field or Little League Park in the area between Woolbright Road and the outfield of Field #2 into a paintball field. Commissioner Weiland pointed out several areas of concern including leasing of the property as opposed to in-kind donations, duration of the field use and guarantee the areas would be replaced back to the original state should the business leave the area. Mr. Bressner agreed those concerns would have to be specified in any agreement with the service provider. The item had been listed to determine if there was any interest in using public property for the activity. It would be a policy decision before the details of the use could be decided. Mr. Majors advised the details would be negotiated if there was a policy decision to allow the paint fields to be erected and used for the purpose of paintball fields. It would be public use on a fee basis for the owner of the business funneled through Recreation and Parks. Mayor Taylor concluded charging participants would allow an individual to profit from the use of City owned land. Mr. Majors pointed out the details would have to be outlined with specificity. It would be a significant investment for the individual. 5 Agenda Preview City Commission Boynton Beach July 13, 2007 Attorney Cherof advised initially there would be a threshold policy decision if the activity was appropriate for a public park or facility. Participants eliminate each other from play with the use of a paintball handheld gun. Commissioner McCray was not familiar with the equipment and needed further information. He did not want there to be a perception that the Commission supported gangs or violence. Vice Mayor Rodriguez was skeptical and asked Chief Immler for his opinion. Chief Immler opined it might be appropriate in a woodland setting. The proposal would be to place the field in the middle of the City creating high visibility for others. It was an intense game that involved shooting each other with guns and could cause injury very similar to military, police based training. Mr. Bressner indicated the applicant had asked for an opportunity to make a presentation to the City Commission. Chief Immler added a containment system would be needed, especially at Pence Park where other users of the park would be in close proximity. Commissioner Weiland confirmed a men's softball league utilizes the park also. Mr. Bressner noted the equipment would have to be set up for a specific period of time and other uses of the park would be limited. The area at Little League Park was the preferred site. Commissioner Weiland advised he had to be excused from the remainder of the meeting. XII.C.1.Proposed Ordinance No. 07- RE: Amending the City of Boynton Beach Code of Ordinances, Chapter 16, "Parks and Recreation", Article II, "City Parks and Beaches". Mayor Taylor explained the purpose of the ordinance was to allow service dogs in City parks and on the beach. XII.D.l.Proposed Resolution No. R07- RE: Designating either Mayor Taylor or Commissioner McKoy as voting delegate to the Florida League of Cities 81st Annual Conference in Orlando, FL. Mayor Taylor advised Commissioner McKoy had just stepped down as President of the Florida League of Cities. Attorney Cherof recommended XII.D.3. be added to the agenda setting the proposed millage rate by resolution. Mr. Bressner was awaiting confirmation of the final numbers from the Department of Revenue. Commissioner McCray inquired about the absence of Commissioner McKoy. Mr. Bressner confirmed Commissioner McKoy was on vacation and out of town. XIV. ADJOURNMENT: 6 Agenda Preview City Commission Boynton Beach July 13, 2007 There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:40 a.m. CITY OF BOYNTON BEACH ATTEST: 7