Minutes 02-25-05MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA
ON FRIDAY, FEBRUARY 25, 2005 AT 10:00 A.M.
Present:
Jerry Taylor, Mayor
Mack McCray, Vice Mayor
Bob Ensler, Commissioner
Carl McKoy, Commissioner
William Bingham, Fire Chief/Acting City Manager
Jim Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Mike Ferguson, Commissioner
I. Call to Order
Mayor Taylor called the meeting to order at 10:00 a.m and announced that
Commissioner Ferguson would not be present.
No additions or corrections to the Agenda were requested.
II. Other
A. Informational Items by Members of the City Commission
Mayor Taylor will be offering an update on City Manager, Kurt Bressner's condition.
Commissioner Ensler requested to add an item to Future Agenda Items about a study
done by staff for South Congress regarding new design standards in the M1 Zoning
district that front on major corridors, such as Congress Avenue. It was suggest by
Mayor Taylor to add the issue to Future Agenda Items and have staff give a date when
they will be prepared to discuss it.
Commissioner Ensler wanted to extend the issue beyond design standards to include
appropriate zoning along Congress Avenue since there are now significant residential
properties in the area. Also, as the Commission did three years ago, put a moratorium
on any building or zoning changes or ordinance changes along that part of Congress
until staff completes the study.
Mayor Taylor indicated that under Future Agenda Items, Item I, Zoning in M1 District
should be added to cover all of Commissioner Ensler's concerns.
Meeting Minutes
Agenda Preview Conference
Boynton Beach, FL
February 25, 2005
Attorney Cherof stated the procedure is when you declare a study period, a notice of
intent to study and possibly adopt zoning code changes is issued and it only applies to
properties not submitted at that point in time. Anything in the hopper continues to be
processed.
Commissioner Ensler confirmed with Attorney Cherof that anything in the hopper is
excluded from that study.
III ANNOUCEMENTS:
B. Community and Special Events
Wayne Segal will be expected to brief the Commission on the Special Events listed in
the Agenda.
C. Presentations
Vice Mayor McCray suggested the Utel presenters be limited to ten minutes.
Mayor Taylor would allow fifteen minutes.
V. ADMINISTRATIVE
Three resignations will need to be accepted. Appointments have been omitted until
April 5th when all the boards will be reappointed.
Commissioner McKoy expressed his concern over the resignations and if the
community was losing interest in the boards. If this appears to be a trend, perhaps the
Commission should reevaluate retaining board members.
Mayor Taylor explained Joan White had a personal reason. Patti Hammer could not
serve when that particular board met and she was interested in being appointed to
another board.
Commissioner McKoy was satisfied with the explanation but reiterated the resignations
should be closely monitored.
VI CONSENT AGENDA:
B. Bids and Purchase Contracts
Award the contract for "THE CONSTRUCTION OF FIRE STATION #2",
BID#018-2413-05/C.2D to.' BUTLER CONSTRUCTION COMPANY OF West
Palm Beach, FL in the amount of $2,498,000.00 and approve an owner's
contingency in the amount of $249,800.00 for a total project budget
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Boynton Beach, FL
February_ 25, 2005
appropriation of: $2,747,800.00 (PROPOSED RE$OL UT'ION 310. R05-033
Attorney Cherof asked this matter be moved from Consent Agenda to Xll. Legal, C.
Resolutions since the bid was over $2M. Mayor Taylor agreed.
Commissioner Ensler inquired if the new contract complies with new hurricane
standards for the future and he was assured it did.
C. Resolution:
Proposed Resolution No. R05-012 Re: Approving
adopting grant funding policies ('TABLED TO MARCH :tS, 2005
and
Vice Mayor McCray understood that a workshop was going to be held on this matter
since he had questions that needed to be answered.
Mayor Taylor acknowledged that quite a few people had suggestions for consideration
and agreed a workshop was needed or meeting with staff before an actual workshop.
Commissioner McCray would like the matter to move forward. He has submitted a list
of questions and answers to those questions should be received before any workshop.
He further suggested that City Manager Bressner and Attorney Cherof should be
present to explain their input in the grant funding papers. This may require the matter to
be tabled beyond March 15th.
A timetable should be established by staff to go over all the suggestions submitted and
send it to the Commission.
Commissioner McKoy inquired if the workshop would be open to the public to provide
input as well or just for the Commission. He also suggested that notices of the
workshop be sent to interested parties in the community.
Mayor Taylor hoped the public had already submitted their questions. The workshop
will be open to the public and publicized.
Chief Bingham indicated staff would put all that information together.
Proposed Resolution No. R05-036 RE: Amending the
Cemetery Rules & Regulations to add a new Rule regarding the number
of remains permitted in graves.
Vice Mayor McCray requested clarification on limiting the number of remains permitted
in graves.
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It was Mayor Taylor's understanding in an adult grave you could have one casket and
one cremation remains or three cremations. In the new area only cremation remains
would be allowed, but you could have up to three in one plot.
According to City Clerk Janet Prainito, the Cemetery Board precipitated the change
because the Cemetery Rules and Regulations were not specific about the number of
cremains allowed in a plot. A number of situations have arisen where there were two
cremains in a plot and another family member passed and the family wanted to put
another cremains in that grave.
Both the Cemetery Board and Mr. Osborne have agreed on the numbers.
From the public's perspective, Vice Mayor McCray thought the Resolution should
specify cremains.
Proposed Resolution No. R05-037 RE: Confirming
terms and conditions set forth in our EMS grant award as approved by
the Palm Beach County Division of Emergency Medical Services
Chief Bingham informed the Commission the grant has already been awarded and the issue
only needs approval.
Proposed Resolution No. R05-038 RE: Approving an
Exclusive Agreement between the City of Boynton Beach and Achieva
Telecom Services, Inc. d/b/a Talk's Cheap for installation and
maintenance of a pay telephone at Oceanfront Park.
Mayor Taylor explained that BellSouth pulled their phone out and the City would be
paying the initial installation cost and then $50 per month to keep the phone.
Commissioner McKoy questioned whether BellSouth had been paid monthly.
The Mayor assumed it was a pay phone and the phone was pulled out because it was
not profitable.
Both Commissioner McKoy and Vice Mayor McCray felt a closer look was required
before this was approved.
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VIII. PUBLIC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
Project:
Agent:
Owner:
Location:
Description:
Verizon Wireless At Boynton Space Plus (COUS 05-003)
John Baskey, SBA Network Services
Mega Mini Company
2951 SW 14th Place
Request for conditional use approval to allow construction
of a 135-foot high telecommunication tower on a 2,000
square foot leased parcel on the site of the Boynton Space
Plus Storage Center.
Mayor Taylor indicated there may be public opposition by residents in the area of the
proposed tower. Staff should be prepared to address the health issues related to
towers according to Commissioner McKoy. This issue had been brought before the
Planning and Development Board previously. The City Attorney indicated the health
issue could not be considered since there was no proof of a relationship.
Project: Boynton Beach Lofts (LUAR 05-003)
(POSTPONED TO 04/05/05)
Agent: Brady Miller, AICP, Miller Land Planning Consultants, Inc.
Owner: Louis F. MascJa/Boynton Motel tLC
Location: 623 South Federal Highway
Description: Request to amend the Future Land Use designation from Local
Retail Commercial (LRC) (~1~ READING OF PROPOSED
ORDINANCE NO. O$-); and to rezone from Community
Commercial (C-3)to Mixed-Use Low (MU-L) (.~sr READING OF
PROPOSED ORDINANCE NO. 05-)
Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway -
Request for new site plan approval to construct a mixed-use project
consisting of 48 multi-family dwelling units, 5,364 square feet of retail
and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning
district. (POSTPONED TO 04/05/05)
Boynton Beach Lofts (HTEX O5-OO1) - 623 South Federal Highway -
Request for a height exception of 3'-2" pursuant to the City's Land
Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator/stair tower to be 78'-2' in height, a
distance of 3'-2" above the 70' maximum height allowed in the Mixed-
Use Low (MU-L) zoning district. (POSTPONED TO 04/05/05)
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Mayor Taylor indicated he received a call from the attorney representing the Lofts, who
is trying to work this out, and his question was if any building permits were ever issued
on that property. The Mayor has the attorney's phone number if staff would please call
him with the answer.
Approval of an Ordinance to establish the Renaissance Commons Community
Development District. ('.~ST RE,4DIIVE OF PROPOSED ORDINANCE NO. 05-
O. ZS)
This is similar to the Quantum Park projects where they take care of their own infrastructure
according to Mayor Taylor.
TX. CZTY MANAGER'S REPORT:
A. Disposition of Old High School
It is anticipated that people will be present to discuss this topic. Vice Mayor McCray
wanted to know the deadline established for voting on demolition. March 1st was the
deadline per Mayor Taylor.
B. Hurricane Follow-Up Report
Chief Bingham stated it would be completed for discussion at the March 15th meeting.
The item is to be removed from the Agenda for the March 1st meeting.
X. FUTURE AGENDA ZTEMS
The M-1 use item would be added as discussed previously.
It was Commissioner Ensler's understanding that dates would be attached to these
items as a target for resolution.
Chief Bingham mentioned that Mr. Sugarman had attempted to set dates and staff will
continue to work towards definitive dates for each item. Some items are difficult to
access and put a date specific.
Those that are not difficult, Vice Mayor McCray would like a date specific set since
some items have been listed for over a year. Commissioner McKoy suggested
combining item G with the Hurricane Follow Up Report; it is the same report, with a date
certain of March 15.
Contribute $1,000 of Vice Mayor Mack McCray's Community Investment
funds to the Heart of Boynton Ministerial Association (TBA)
Vice Mayor McCray said this item would have to remain with a date uncertain waiting for
Mr. Bressner's return for dialogue. It needs to stay as (TBA).
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Xll. Legal:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-014 Re: Request for
amendments to the Land Development Regulations, Chapter 22. Streets
and Sidewalks, related to street naming and renaming, construction of
sidewalks, access to and work within public rights-of-way, and providing
for appeals, work requirements and surety. (T,4BLEO ON
Attorney Cherof indicated there was approval on 1st reading at the last meeting and the
words "(Tabled on 2/1/05)" should be removed from the Agenda. The item is ready to
go forward.
4. Proposed Ordinance No. 05-005 Re: Amending Chapter
26. Water, Sewers and City Utilities, Article VI]', Section 26-406 entitled
"Capital Contributions", authorizing the transfer of real property to the
City in lieu of capital contribution charges within the downtown storm
water improvement watershed ( TABLEO ON 01/18/05
This item had been tabled and Attorney Cherof handed out two rewrites. One is a clean
copy Ordinance and the other a red line copy showing changes. This was pulled out
after 1st reading and deals with the issue of properties where the value might exceed the
value of the contribution. Staff will still be reviewing this before the meeting, but it
should be ready to go.
Adjournment
There being no further business, the meeting adjourned at 10:23 a.m.
ATTEST:
City of Boynton Beach
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