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Minutes 11-17-03 MTNUTES OF THE AGENDA PREVIEW CONFERENCE HELD I'N CONFERENCE ROOM C, WEST WI'NG, CITY HALL~ BOYNTON BEACH~ FLOR/DA ON MONDAY~ NOVEMBER 17~ 2003 AT 4:00 P.M. Present .]erry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor .]ames Cherof, City Attorney Bob Ensler, Commissioner Bonnie Glinski, Deputy City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner City Manager Bressner began the agenda review at 4:00 p.m. He said that there may be a desire to change the procedure on the use of comment cards by the public. Mayor Taylor said that he wanted to eliminate the cards. If there is an item that the public wishes to address under Consent, he felt that one of the Commissioners should pull the item. The public will also have a chance to speak under Public Audience. Also, if the Commission is discussing an issue, he will ask whether anyone from the audience wishes to address the item. Commissioner McCray had a concern that the Commissioners might not know that someone wishes to address an item on the Consent Agenda. Mayor Taylor thought that the public should let the Commissioners know. Commissioner McKoy did not have a problem with that as long as every citizen has a right to voice his/her opinion about any item brought to the Commission. Vice Mayor Ferguson asked what would happen if someone wishes to talk on an item under Consent after the Consent Agenda is approved. City Manager Bressner suggested that the Public Audience portion of the agenda be moved up on the agenda. It was the consensus of the Commission that the Public Audience portion will be moved prior to the Administrative portion. Commissioner McCray asked whether it would still be the policy of the Commission not to answer questions from the dais but to answer citizens in writing. Mayor Taylor said that his understanding of Robert's Rules of Order is that all questions are addressed to the Chair and the Chair then lets the Commissioners or the City Manager decide whether they want to answer. TTt'. ANNOUNCEMENTS~ COMMUNTrY & SPECf. AL EVENTS~ & PRESENTA'I/ONS Wayne Segal, Director of Media & Public Affairs, will prepare a list of upcoming holiday events to be included on the agenda. They include the Oceanfront Concert, Season of Peace and the Holiday Parade. Meeting Minutes Agenda Preview Conference Bovnton Beach. Flori~Jp N0veml~er 17, 2003 ~V. ADMZNZSTRAT~VE City Manager Bressner noted that the City Clerk's Office prepares a list of Advisory Board vacancies and people who are interested in serving on these Boards. A notebook will be prepared with the profile forms that are on file. These will be given to all the Commissioners. V.B.1. Award the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSZON ZNHIBTrORS,' Bid #072-2821-03/3A, to Sweetwater Technologies of Columbia, Tennessee, for an estimated annual expenditure of $37,000 ('TABLED ON City Manager Bressner explained that there was an objection to the bid and backup has been provided. V.B.5. Piggy-back City of West Palm Beach Bid #00/01-46 with Metro Service Consultants Inc. to provide a coordinated program of fire hydrant testing and documentation of testing and maintenance for an amount up to $75,000 Vice Mayor Ferguson requested that the agenda reflect that there will be approximately 3,100 fire hydrants involved. V.C.1. Proposed Resolution Re: Approval of Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 for fiscal year 2002-03 :It was the consensus of the Commission to move item C.1 to Unfinished Business. City Manager Bressner said that there is a list of exhibits that provide a chronology of events and key documents. He said that there was some confusion on whether or not an audit of .1TC was authorized by the Commission. No audit was authorized. The funds to .1TC were being held pending a letter from H.U.D. This letter was received. There is also a letter from the County summarizing their review of .1TC and they reached the same conclusion as City staff did that things were fine insofar as review of their audited statements. V.C.2. Proposed Resolution Re: Execution of a contract with each of the 20 final, acceptable, qualified firms that responded to the Request for (~ualifications (RF(~) #065-2821-03/C3D, "Two-Year Contract for General Consulting and Engineering Services for the City of Boynton Beach" City Attorney Cherof said that item C.2 should be pulled from the Consent Agenda at the Commission meeting for a minor amendment to the agreement City Manager Bressner added a new item C.3 regarding authorization for the signature on the accounts for Bank of America. ZX. CTrY MANAGER'S REPORT A. Discussion of Marina Development Agreement ('Tab/ed on $/20/03) 2 Meeting Minutes Agenda Preview Conference Bovnton Beach, Flori~Jp NQvember 17, 200~ This item is on hold and should be ready the first meeting in December, subject to the CRA review and approval of the parking agreement. This item was retabled at the November 5, 2003 Commission meeting and the agenda will reflect that date. X.A. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance This item will be listed under Future Agenda Items for .lanuary 2004. X.B. Proposed modification to the Land Development Regulations regarding rear yard setbacks (~uintus Greene, Development Director, felt that this could be handled within the context of the LDR update. Therefore, the item was removed from the agenda. X.C. Follow-up Meeting with CRA on Development Tssues (December 2003) It was the consensus of the Commission to schedule this joint meeting for Wednesday, December 17th at 6:30 p.m. in Conference Room C. X.D. Workshop regarding City Hall/Public Safety Space Nc. ods Report (December 2, 2003) This item will be held until the workshop regarding C.I.P. X.F. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (3anuary 2004) City Manager Bressner thought that the Little League organization should be included at the workshop. He will provide an updated staff report for the Commission. X.G. Proposed Lease Agreement with Boynton Woman's Club (TBA) This item is pending an architectural analysis. Wilfred Hawkins, Assistant City Manager, said that they are trying to piggyback on the work that was done at the old High School. The following items were added to the Future Agenda: Development of a resolution calling for procedures and protocol for the display of the POW/MIA Flag - December 2, 2003 Consideration of additional homestead exemption for eligible seniors - December 2, 2003 3 Meeting Minutes Agenda Preview Conference Bovnton Beach, FIQridp November 17, 2005 A fiscal impact analysis was requested. If the Commission is comfortable with this analysis, they would then authorize an ordinance. Diane Reese, Finance Director, believed that if the ordinance is adopted by January 10, 2004, it would affect the 200,t tax rolls. Discussion of rotation of CRA Chair - December 16, 2003 City Manager Bressner explained that this is a policy issue of whether or not the Commission wishes to establish a rotation cycle for this particular board and whether or not they want to look at how the chairs of the other quasi-judicial boards would be appointed as well. Currently, the chairs of the Planning & Development Board and the Code Compliance Board are appointed by their members. The CRA chair is selected by the City Commission. City Attorney Cherof noted that State Statute dictates the CRA chair selection. The chair of the Code Compliance Board is also provided by Statute. He will provide a chart of all quasi-judicial boards showing membership, terms and selection of chairs. Those boards are Planning & Development, Code Compliance, Building Board of Adjustment & Appeals and CRA. Capital Improvement Workshop - December 19, 2003, 9:00 a.m. in Conference Room C Strategic Planning Session - January 2004 NEW BUSINESS There was an item added to New Business to be entitled "Discussion of an ordinance setting forth procedure for selection of Vice Mayor." City Attorney Cherof explained that he drafted this proposed ordinance to address issues that came up at the previous Commission meeting, and following the meeting, regarding the mechanism that the Commission uses to appoint the Vice Mayor. He said that this was merely to stimulate discussion. Mayor Taylor requested that another item be added under New Business requesting that the City Commission rescind the action taken at a previous meeting regarding the non-conforming car wash. Commissioner McCray had a concern regarding the City'S liability. City Attorney Cherof said that was a valid concern but he would rather defend the Commission's actJon to rescind rather than defend its action for granting the variances. Mike Rumpf, Planning & Zoning Director, clarified that the variances only apply to the gas station. Commissioner Ensler said that in the code, there are definitions of when variances can be granted. Tn this instance, staff and the City Attorney recommended that they not be granted. He felt that when these types of variances are granted, there is liability involved. He believed that if the variance procedure is one in which it is too difficult to obtain a variance, maybe the Commission should review the variance procedures and decide whether more flexibility should be offered. 4 Meeting Minutes Agenda Preview Conference Bovnton Beach, Flori;Ip November 17, 200~ City Attorney Cherof explained that there are two general categories of variances, those based on hardship and those that do not include the hardship or modify the hardship. Boynton Beach's variances are based on hardship. He said that when we look at the procedure for how to grant a variance, he did not believe the City Attorney's opinion on whether it should be granted or not should be the end of the process. If it is, then the Commission would not even have a role in it. His advice is usually conservative advice but it is the same advice that a private sector client would either agree to take or not take on a case-by-case basis. It was the consensus of the Commission to add this item to the agenda as a motion to rescind. Mike Rumpf requested clarification on which items were being considered for rescission. He explained that there were numerous variances, a major site plan modification and a new site plan for the car wash. City Attorney Cherof said that all the items should be listed. He also explained that any Commission member could make the motion. Tt does not have to be someone from the prevailing side. XII. LEGAL City Manager Bressner said that procedurally, there is no public comment on ordinances for first reading. City Attorney Cherof explained that this was done by practice. State Statute requires that there be a public audience once before adoption. It does not say whether it is done on first or second reading. City Manager Bressner asked why the Commission would not want comments on the first reading so that if there were a change, it would appear for the second reading. City Attorney Cherof explained that he has heard the argument that there is no point in spending money for the legal advertisement until the ordinance gets over the first hurdle (i.e., first reading). Mayor Taylor felt that after the first reading, the Commissioners' minds are pretty much set. If, at second reading, the public has a different view, it is difficult to make a change. Commissioner Ensler said that he never understood why the public comment had to wait until the second reading. City Attorney explained that he observed elsewhere that people will come to the second reading, where it is not a public hearing, because they learned of it from an article in the newspaper after the first reading. Tn that case, more people come for the second reading and it is not a public hearing. Either way, there will be people in the audience who want to speak and cannot. It is possible to publish one notice advertising both readings of the ordinance. Another possibility is that the public could comment under Public Audience. Tt was the consensus of the Commission to follow the procedure already in place. Other There was discussion concerning changing the day and time of the Agenda Preview Conference. After discussion, it was the consensus to continue meeting on Mondays at 4:00 p.m. Meeting Minutes Agenda Preview Conference Bovnton Beach, FI0rid~ November 17, 2003 There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 5:18 p.m, CiTY OF BOYNTON BEACH Deputy City Clerk c~-'is'~ ~ C~--~ (one tape - 11/21/03) .~xhibit - Agenda Preview Conf. 11/17/03 The House Resolution: H.R.1119 National Defense Authorization Act for Fiscal Year 1998 (Passed by the House) SEC. 1054. DISPLAY OF POW/MIA FLAG. (a) REQUIRED DISPLAY- The POW/MIA flag shall be displayed at the locations specified in subsection (c) each year on POW/MIA flag display days. Such display shall serve (1) as the symbol of the Nation's concern and commitment to achieving the fullest possible accounting of Americans who, having been prisoners of war or missing in action, still remain unaccounted for, and (2) as the symbol of the Nation's commitment to achieving the fullest possible accounting for Americans who in the future may become prisoners of war, missing in action, or otherwise unaccounted for as a result of hostile action. (b) DAYS FOR FLAG DISPLAY- (1) For purposes of this section, POW/MIA flag display days are the following: (A) Armed Forces Day, the third Saturday in May. (B) Memorial Day, the last Monday in May. (C) Flag Day, June 14. (D) Independence Day, July 4. (£) National POW/MIA Recognition Day. (F) Veterans Day, November 11. (2) In the case of display at United States Postal Service post offices (required by subsection (c)(8)), POW/MIA flag display days in any year include, in addition to the days specified in paragraph (1), the last business day before each such day that itself is not a business day. (c) LOCATIONS FOR FLAG DISPLAY- The locations for the display of the POW/MIA flag under this section are the following: (1) The Capitol. (2) The White House. (3) The Korean War Veterans Memorial and the Vietnam Veterans Memorial. (4) Each national cemetery. (5) The buildings containing the primary offices of-- (A) the Secretary of State; (B) the Secretary of Defense; (C) the Secretary of Veterans Affairs; and (D) the Director of the Selective Service System. (6) Each major military installation, as designated by the Secretary of Defense. (7) Each Department of Veterans Affairs medical center. (8) Each United States Postal Service post office. (d) COORDINATION WITH OTHER DISPLAY REQUIREMENT- Display of the POW/MIA flag at the Capitol pursuant to paragraph (1) of subsection (c) is in addition to the display of that flag in the Rotunda of the Capitol required by Senate Concurrent Resolution 5 of the 101st Congress, agreed to on February 22, 1989 (103 Stat. 2533). (e) REQUIREMENTS CONCERNING DISPLAY AT SPECIFIED LOCATIONS- (1) Display of the POW/MIA flag at the buildings specified in paragraphs (1), (2), (5), and (7) of subsection (c) shall be on, or on the grounds of, each such building. (2) Display of that flag pursuant to paragraph (5) of subsection (c) at the buildings containing the primary offices of the officials specified in that paragraph shall be in an area visible to the public. (3) Display of that flag at United States Postal Service post offices pursuant to paragraph (8) of subsection (c) shall be on the grounds or in the public lobby of each such post office. (f) POW/MIA FLAG DEFINED- As used in this section, the term 'POW/MIA flag' means the National League of Families POW/MIA flag recognized officially and designated by section 2 of Public Law 101-355 (36U.S.C. 189). (g) REGULATIONS FOR IMPLEMENTATION- Within 180 days after the date of the enactment of this Act, the head of each department, agency, or other establishment responsible for a location specified in subsection (c) (other than the Capitol) shall prescribe such regulations as necessary to carry out this section. (h) PROCUREMENT AND DISTRIBUTION OF FLAGS- Within 30 days after the date of the enactment of this Act, the Administrator of General Services shall procure POW/MIA flags and distribute them as necessary to carry out this section. PROTOCOL: If flying the flag from ONE FLAG POLE, the POW/MIA flag is flown directly below the National Colors and above any state flag. * If flying National, POW/MIA and State flags from TWO poles, the POW/MIA flag should be flown from the same pole as the National Colors, and beneath the American Flag, with the state flag flying from the pole to the left. * If flying flags from three poles, the National Colors occupy the place of prominence (the right), with the POW/MIA flag immediately to the left of the US Flag, and the state flag to the left of the POW/MIA flag.