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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. 2 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. 3 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) 4 Minutes Agenda Preview Conference Boynton Beach, FL March 16, 2007 CITY OF BOYNTON BEACH '7 ( : ._ I . ... "'-~ifiiYii5Sioner - c~ McK~y '\" .... --..._._~. '---. -......". AlTEST: n . . ~ ~r. 'in. ~ Jan M. Prainito . / S)erk ~_~ (/ ~ c':i ~1 Z~/:r- . ith A. Pyle eputy City Clerk (032207) 5