Minutes 12-01-03 MTNUTES OF THE AGENDA PREV/EW CONFERENCE
HELD ZN CONFERENCE ROOM C, WEST WZNG, CTrY HALL,
BOYNTON BEACH, FLOI~DA
ON MONDAY~ DECEMBER 1~ 2003 AT 4:00 P.M.
Present
.lerry Taylor, Mayor
Mike Ferguson, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent
Carl McKoy, Commissioner
Mayor Taylor called the meeting to order at 4:04 p.m.
V.A. Appointments to be made
City Manager Bressner said that notebooks containing resumes of Advisory Board members had
been prepared for the Commissioners.
VT.C.2. Proposed Resolution Re: Approval of contract with .lEG Associates to
continue consulting services to the Heart of Boynton projects
City Manager Bressner requested that this item be removed from the agenda. A revised report
will be provided for the next Commission meeting.
VT.C.7. Proposed Resolution
in each year as POW/M~A
POW/MLA Flag at City Hall
Re: Setting aside the third Friday of September
recognition Day and authorizing the display of the
Tt was the consensus that this item would be pulled for comment at the Commission meeting,
VZ.D.I. :17 Southern Bank Phase zz (ZNCV 03-021
V~.D.2. Boynton Beach Faith Based Community Development Corporation North
Palm Way (ZNCV 03-022)
VI.E.1. Buchanan Variance (ZNCV03-019)
Commissioner Ensler noted that staff had recommended denial of all three variance requests.
However, all three had been approved by the advisory boards and he questioned the procedure
for granting variances, height exceptions and like items. He felt that when every variance
request receives approval, there is something wrong with the system. He had a concern
regarding the potential legal consequences to the City by the continual approval of variances
that are not justified by the ordinances.
Meeting Minutes
Agenda Preview Conference
Bovnton Beach, Florida
December 1, 2003
City Manager Bressner questioned whether these zoning variances should appear under
Consent. He felt that maybe they should be in a different location on the agenda so that there
could be discussion on the items.
City Attorney Cherof explained that variances granted after staff recommends denial are
problematic. The only presumption is that the testimony of the applicant or adjacent property
owners outweighs staff's consideration. When the variances appear on the Consent Agenda,
the Commission must rely on the quasi-judicial hearing that occurred at a lower level. The
Commission might want to review the entire process of how variances are considered and either
leave them at the Board level where their decision would be final, subject to perhaps only an
appeal to the Commission, or pull them away from the Planning & Development Board and
conduct the variance hearings at the Commission level. Neither one is the perfect solution but
they are some options. The consultant who is working on the Zoning Code is studying that
provision.
Commissioner Ensler commented that when he was a member of the Planning & Development
Board he was never briefed regarding the consequences of approving variances. He would like
to have been trained in that aspect.
Mayor Taylor felt that maybe these items should not be on the Consent Agenda so that they
could be discussed. He thought that each one should be looked at individually. He also felt
that the Commission should have a little flexibility because the Code cannot deal with all
circumstances.
Commissioner McCray asked when the new guidelines from the consultant would be available.
Nike Rumpf, Planning & Zoning Director, replied that the entire Code would be ready by
September 2004.
Commissioner Ensler said that it bothered him terribly when knowledgeable staff and the
attorney make recommendations and those recommendations are not followed.
Commissioner McCray felt that the Commission was elected to look at the overall betterment of
Boynton Beach and make some decisions.
City Manager Bressner asked whether it would be acceptable to move items D and E under the
Consent portion to the City Manager's Report and retitle them "Discussion of..." rather than
"Ratification of .... "
City Attorney Cherof pointed out that there is a provision in the Code that explains how these
items move forward. The Code says that they move forward on a Consent Agenda and can be
pulled off for discussion. He felt that this would be a good time for the consultant to look at
that procedure.
~[t was the consensus of the Commission to leave the items under Consent and pull them for
discussion. A notation will be placed on the agenda next to the three items stating that they
will be pulled for discussion.
Meeting Minutes
Agenda Preview Conference
Bovnton Bepch, Flprida
D~'e__mber 1, 2003
VITT. B. Discussion of Marina Development Agreement ('Tabledon .12/;/03)
City Manager Bressner explained that this item is actually the approval of the amended
mediation agreement. Staff had some concerns regarding the disposition of the boat slips.
However, he has a letter from the Related Companies that he believes resolves this issue.
Dale Sugerman, Assistant City Manager, explained that item B was the discussion of the
agreement via negotiations and suggested adding an item C entitled "Approval of the Second
Amended Mediation Agreement."
ZX.A. Review report of Old High School Task Force
Commissioner McCray asked when the asbestos report would be available. City Manager
Bressner replied that the City Commission must authorize that.
Doug Hutchinson, CRA Director, said that Mr. Bender would be present at the Commission
meeting to answer any questions.
TX.B. Discussion of additional Property Tax Assessment Exemption for Tncome
Eligible Senior Citizens per FSS 196.075
City Manager Bressner explained that he does not have the data yet. Diane Reese, Finance
Director, said that this data would be provided in time for any exemptions to go into effect in
2005.
X.B. 3oint meeting with Commission and CRA on Development Zssues (December
17, 2003 - 6:30 p.m. - Conference Room C - West Wing)
It was the consensus of the Commission to change the time of this meeting to 5:30 p.m.
Other
Commissioner McCray requested that an item be added to the agenda to rescind the rescissions
for the Gateway Texaco Gas Station. He explained that Steve Marouf had called him and was
willing not to pursue the car wash if he could just build the storage building. This would
remove the trailer and clean up the property.
City Attorney Cherof explained that there is no time limit on bringing this item back for
rescission. He suggested that the Commission direct staff to meet with the applicant and
explore what he talked about on the telephone. He will set up a meeting with the applicant and
report back to the Commission.
3
Meeting Minutes
Agenda Preview Conference
Bovnton Beach, Florida
Dece__mber 1, 200:~
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at ~,:40 p.m.
ATTEST:
Deputy City Clerk
(one tape - 12/3/03)
CiTY OF BOYNTON BEACH
Com ' ' er ~
~_~o~~.~n.,' r.~
4