Minutes 04-15-02MTNUTES OF THE AGENDA PREVTEW CONFERENCE
HELD TN CONFERENCE ROOM B, C'rTY HALL,
BOYNTON BEACH, FLORZDA
ON MONDAY, APRTL 15, 2002 AT 4:00 P.M.
Present
Gerald Broening, Mayor
Ron Weiland, Vice Mayor
Mike Ferguson, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent
Charlie Fisher, Commissioner
City Manager Bressner began the agenda review at 4:00 p.m. He announced that two
additional proclamations would be added to the agenda. One is regarding the Boynton Beach
High School's official dedication to be held on May 3rd. The other is for the Fair Housing Center
of the Palm Beaches which will be presented at a luncheon meeting on April 18th.
V.B.2. Presentation by Dr. Ananda Mitra summarizing the final report of
the Recreation and Park Departments' Comprehensive Needs Assessment
Copies of the report were distributed to the Commissioners, There will be a 10-15 minute
presentation at the City Commission meeting.
VZ.D. Caf~ La Notte -Request Conditional Use Approval to allow operation
of a nightclub in a C-3 zoning district
It was noted that there would be public comment regarding Caf~ La Notte. A possible concern
will be the standards and control for noise. City Manager Bressner suggested that the City
Commission look at staff's standards.
Mayor Broening questioned what a reasonable condition for nightclubs would be. City Attorney
Cherof answered that it would be anything that ,is necessary to preserve the peace and
tranquility of the adjacent properties in the neighborhood.
Mayor Broening asked whether the business could be shut down if they do not meet conditions
concerning performance.
City Attorney Cherof said that there cannot be a condition that operates as an automatic
forfeiture of an occupational license. There would be a process for revocation.
Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
April 15, 2002
V]I,B.2. Award Consultant Agreement to 3EG Associates for services
outlined in RFQ #037-2417-02/KR, .PHASE ONE ZMPLEMENTATZON OF THE
HEART OF BOYNTON BEACH COMMUNZTY REDEVELOPMENT PLAN, in the
amount of $20,000 (Proposed Resolution No. R02- )
Assistant City Manager Hawkins stated that this is a pilot pro.~ect, which will be implemented
throughout the City in the future. Commissioner McCray will pull this item for comment at the
Commission meeting so that the audience can be made aware that this project is not only for
one area of the City.
Commissioner Ferguson was disappointed that there were no local bidders from Palm Beach
County.
VZT. B.3. Authorize City Manager to sign 2002-03 Fire Assessment Work Plan
with Government Services Group, [nc. at a cost not to exceed $30,000
Commissioner Ferguson wants to pull this item for discussion at the Commission meeting.
City Manager Bressner explained that since this is the first year that the City is going with Palm
Beach County on the non-ad valorem billing, he wanted to ensure that we are doing it correctly.
Commissioner Ferguson had some reservations regarding spending the $30,000. He would like
to know how many C.O.'s have been issued since the first fire assessment bills went out. City
Manager Bressner suggested that figures should be taken from the beginning of the fiscal year.
VZZZ.A. Development of a procedure whereby the City Commission can
designate certain honorary streets within the City
City Manager Bressner explained that there have been requests to name streets after
individuals and there currently are no procedures in place.
ZX.A. Review of Proposed Amendment to Development Agreement -
Harina ProJect (May 7, 2002)
It was noted that this item probably will not be ready for the May 7th meeting. No draft of the
agreement has been received from the developers. City Attorney Cherof will contact their
attorney.
ZX.C. Proposed Resolution No. R02-016 regarding authorizing the use of
eminent domain to acquire the public right-of-way necessary to develop the
Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 01/15/02
(May 7, 2002)
Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
April 15, 2002
City Manager Bressner said that the City is waiting for some information from our appraiser
concerning the property. The item may not be ready by Hay 7th.
:ZX.D. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section
11.3. Environmental Review and associated references to Environmental
Review Permit or the Environmental Review Committee (May 7, 2002)
City Attorney Cherof said that this item should be ready for the IVlay 7th meeting.
~[X.E. Discussion of proposed: Charter Review (May 2002)
City Manager Bressner will provide some materials from the National Civic League to the City
Commissioners.
TX.H. Lake Eden Canal Maintenance Options (May 21, 2002)
The City Commission will have a draft report on this item by the end of this week or the
beginning of next week.
X~[. New Business
City Attorney Cherof distributed a procedure for dealing with meeting disruptions. This
procedure can be implemented immediately~ He also provided a draft of an ordinance for the
Commission's review. This ordinance will better clarify what the decorum issues are at
meetings and what the procedure would be for cautioning someone and removing them and
the role of the sergeant-at-arms.
City Attorney Cherof stated that once somebody is removed from a meeting, their option is to
watch the meeting from the lobby and to come back at the next meeting. This does not require
any action or vote from the Commission.
City Manager Bressner suggested that this procedure be made available to the chairs of all
advisory boards. City Attorney Cherof said that he would amend the third step, which will allow
for the chair at any meeting to call a police officer rather than a sergeant-at-arms.
X~[Z.A. 2. Proposed Ordinance No. 02-016 Re: Amending Land
Development Regulations, Chapter 1, Article V. :Zmpact Fees and Dedications,
Section 3, providing for implementation of a park and recreation facilities
impact fee (2"d reading deferred until Hay 7, 2002)
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Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
April 15, 2002
This proposed ordinance is being deferred to allow it to be reviewed by the CRA and the
Planning & Development Board.
XIII. Unfinished Business
Commissioner Ferguson said that the old high school is scheduled to be demolished after the
July Commission meeting. They (committee to save the school) were supposed to provide a
report each month and there is none on the agenda. Quintus Greene, Development Director,
will contact them regarding a report.
Commissioner McCray requested that someone provide him with the square footage of the old
high school and the square footage of the library.
Other Fire Assessment Appeal
Commissioner McCray asked about the Fire Assessment appeal process since a citizen has
called him about this.
Assistant City Manager Hawkins said that this particular citizen did file an appeal and was
denied because of income. According to the ordinance, that is technically the final word.
Assistant City Manager Hawkins will meet with Commissioner McCray to discuss this case.
Other $140,000 tO TRS
Commissioner McCray was concerned about the article in the newspaper regarding the
$140,000 that the City had to pay the IRS.
City Manager explained that this had to do with the 1996 bond issue where the City had
borrowed $20+million and there was approximately $7 million remaining that needed to be
spent within a certain amount of time. The difference between what the City was allowed to
earn in interest on this bond money and what was actually earned had to be paid back to the
TRS. It was not a penalty. Tt was basically dollars the City would not have earned in interest if
we had completed the projects. Some of the Utilities projects were delayed and City Manager
Bressner said that he would take responsibility for this even though it did not occur during his
"watch." He assured the Commission that this would not happen while he was City Manager.
Other Miscellaneous
City Clerk Prainito informed the Commission that she had received a telephone call from a man
who will speak at Public Audience tomorrow night regarding speeding along Gateway Boulevard
and Lawrence Road.
Meeting Minutes
Agenda Preview Conference
Boynton Beach, Florida
April 15~ 2002
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at 4:35 p.m.
A'I-I'EST:
Clerk
Del~ ~t~i~J~rk
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