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Minutes 10-28-05 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN EMERGENCY OPERATIONS CENTER, EAST WATER PLANT, BOYNTON BEACH, FLORIDA ON FRIDAY, OCTOBER 28, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner I. CALL TO ORDER Mayor Taylor called the agenda preview conference meeting to order at 10:04 a.m. II. OTHER: A. Informational Items by Members of the City Commission Mayor Taylor indicated he would be making brief remarks regarding the hurricane recovery efforts. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: C. Presentations: c. Presentation by Florida International University (FlU) on redistricting of Commission Districts. Mr. Bressner reported FIU was located in Miami and would not be able to get the materials to Boynton Beach for the presentation due to Hurricane Wilma. He suggested the item be moved to Future Agenda Items with the date of the next Commission meeting. VI. CONSENT AGENDA: E. Ratification of CRA Action: 3. Majestic Gas (ZNCV 05-007) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4-L, requiring a six (6) foot solid, stucco masonry wall to allow a six (6) foot vinyl or wood fence in a C-2 Neighborhood district abutting an R-1-A Single Family Residential neighborhood. Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida October 28, 2005 Mayor Taylor noted the Community Redevelopment Agency had a lengthy discussion on the issue when it was addressed and Mr. Bressner added the CRA had recommended denial. 1. Waterside (SPTE 05-004) Request for a six month time extension for a new site plan approval granted on July 20, 2004 from July 20, 2005 to January 20, 2006. Vice Mayor McCray asked to return to item E.1 (Waterside) and questioned why the extension was only from July, 2005 to January 2006. Mayor Taylor remembered the CRA had given the applicant nine months even though they had asked for only six months. Mike Rumpf, Director of Planning and Zoning, felt the CRA had given an extension of ten months. Mr. Bressner suggested the agenda be modified. Mr. Rumpf clarified the agenda reflects what the applicant had requested. Mr. Bressner indicated a note should be added with the extended date as granted by the CRA. J. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $138,341.19 in Sanitation Fund, by $126,535.15 in the General Fund, by $2,777.75 in the Water & Sewer Fund and by $1,765.00 in the Boynton Beach Memorial Park Fund. Vice Mayor McCray asked for the rate of return currently being received. Mr. Mummert clarified by writing the debt off does not mean the City cannot continue to attempt collection of the debt. He explained the request is for an accounting procedure to reduced the accounts receivable and reduce the allowance. Vice Mayor McCray said he would pull the item for Mr. Mummert to make the public aware of the intent. Attorney Cherof felt the words "write off" were not appropriate and reducing the allowance might be more concise. VIII. PUBLIC HEARING: A. Project: Agent: Owner: Location: Description: Spotts Abandonment (ABAN 05-007) Daniel Spotts Daniel Spotts 805 North Federal Highway Request for abandonment of a portion of a 20 foot wide right-of- way west of North Federal Highway abutting the Florida East Coast Railway. (1st reading Proposed Ordinance No. 05-066) Mayor Taylor commented there had been discussion regarding the ultimate ownership of the right-of-way, but he felt that issue was not a concern for the City of Boynton Beach and should not be pursued or even discussed. X. FUTURE AGENDA ITEMS: Vice Mayor McCray remarked the presentation by flU needed to be added as discussed earlier. XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 2 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida October 28, 2005 Attorney Cherof asked if there was confirmation that the legal ads was published. City Clerk Prainito pointed out the ad should have run on Saturday, October 29th but she had not received the actual confirmation. Vice Mayor McCray mentioned that Commissioner Ensler usually requested the ratifications by CRA listed as E.1, E.2 and E.3 be moved up for Public Hearing as quasi-judicial proceedings. Mayor Taylor indicated those items are customarily handled during the Consent Agenda review. B. Ordinance - 1st Reading 1. Proposed Ordinance No. 05-067 RE: Amending Chapter 2 Administration, Section 2-16, City Boards and Commission: Minimum Qualifications for Appointment, Membership; Revising Subsections (a) and (b) allowing non-residents to serve on Advisory Boards. Mayor Taylor said he still had problems with allowing non-residents to serve on Advisory Boards. Mayor Taylor announced due to the Hurricane recovery efforts the Commission Meeting would need to be held at the Civic Center at 7 p.m. unless power is restored in City Hall. Mr. Bressner purported a possible ordinance amendment would need to be added under New Business for roll off dumpsters by private companies. Also authorization would need to be given to Florida Power & Light to use Waste Management. Attorney Cherof assumed it would only be necessary to suspend the current restriction on roll off dumpsters by an Emergency Ordinance. Mayor Taylor asked if it was necessary to have a resolution increasing the City Manager's authorization for a $100,000 expenditure limitation as passed at the Special Commission meeting held on Tuesday, October 25th for emergency recovery efforts. Mr. Bressner said there was allowance for the increase in the City Code and the authorization should be for a period of four weeks. Attorney Cherof added another item should be included declaring private roads in gated communities as public streets with an obligation to keep all gates open for the purpose of recovery efforts and access for City workers. Mr. Bressner noted the homeowner associations would need to be notified. Attorney Cherof noted FEMA's position remains there would be non- reimbursement for private developments and private streets. Quintus Greene, Director of Development, su~gested an item be added for discussion of the implication and rescheduling of the October 25 Planning and Development Board Meeting that had to be cancelled. He felt the policy of an extra week may need to be revised to accommodate the required notices and progression of pending development projects. Mr. Bressner stressed the cycle of items coming before the Commission had been disrupted and may need to be suspended to keep the pending projects moving forward. He said the Commission would need to accept the items on the agenda without the two week interval that had been established. Vice Mayor McCray agreed it would be necessary due to the emergency conditions resulting from Hurricane Wilma. Mr. Bressner mentioned the second regular Commission meeting in December had been tentatively cancelled due to the holidays, but may need to be held to deal with CRA and P&D activities. 3 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida October 28, 2005 Mayor Taylor suggested Halloween activities would need to be adjusted to end by 6 p.m. due to the lack of electric power and street lighting. Mr. Bressner reported the County had announced Halloween activities should be held on Sunday afternoon. Consensus was reached that trick or treating could be done from 2 p.m. to 6 p.m. on Monday, October 31st within the City. The safety of the children would be a major concern, especially with the time change to Eastern Daylight Time. City Manager Bressner indicated it was uncertain if City Hall could be opened on Monday, October 31st due to lack of electric power. Mr. Livergood said a third phase was missing at this time. Mr. Bressner felt if power was restored, opening City Hall at noon on Monday may be an option. The state of emergency would tentatively be lifted on Tuesday, November 1st at 7 a.m. with an announcement to be made over the weekend. Vice Mayor McCray asked for an update on the status of the fuel supply and water supply. Jeff Livergood, Director of Public Works, reported 9,600 gallons of unleaded fuel and 11,000 gallons of diesel fuel were available. Mr. Bressner said a directive would be issued to conserve water consumption to sustain the water flow with portable generators. Mayor Taylor added radio station 1670 AM did have updated information on the City utilities. Vice Mayor McCray inquired if any employee accidents had been reported. Mr. Bressner indicated one employee had been injured and required stitches when a tree limb penetrated the front window of the vehicle he was driving. Also one citizen fatality had been reported at the intersection of Martin Luther King Blvd and Federal Highway. Ice was being made and distributed as quickly as possible. Also, updated citizen newsletters were being distributed each day according to Mr. Bressner. Mayor Taylor said a citizen's hotline had also been established to address the concerns of the residents. Vice Mayor McCray said he would make an announcement thanking the City for the help given to the St. John's Missionary Baptist Church. Mr. Bressner expressed the need for additional donations of food. Vice Mayor McCray asked if any FEMA trucks would be coming into the City. Mr. Bressner replied the Red Cross was operating a mobile food truck that had been revolving through the area with supplies. The nearest FEMA distribution facilities were Palm Beach Community College and Pompey Park in Delray. Mr. Bressner explained gasoline for employees use would be curtailed if the supply dropped below 6,000 gallons. Deliveries of both unleaded and diesel were expected over the weekend. Mayor Taylor related Boynton Beach was one of the few cities allowing employees to purchase gasoline. Vice Mayor McCray commented the meals supplied to the working employees were adequate. Chief Immler added both benefits were a plus for morale. He also reported the doctors and nurses from Bethesda Hospital were allowed to purchase gas first at a local gas station that had opened. XIV. ADJOURNMENT: There being no further matters to be discussed, the meeting was adjourned at 10:31 a.m. 4 Meeting Minutes Agenda Preview Meeting Boynton Beach, Florida October 28, 2005 cm OF BOYNTON BEACH ~.. ~~-~ ~ ( ~~----- ?~I2L ATTEST: ~'m.~ ~ Cler~ // ~;az?- ~ ,/ eputy City Clerk (/ (10/28/05) 5