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Minutes 06-30-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH CITY COMMISSION CHAMBERS ON FRIDAY, JUNE 30,2006 AT 10:00 A.M. Present: Jerry Taylorl Mayor Bob Enslerl Commissioner Mike Fergusonl Commissioner Mack McCraYI Commissioner Kurt Bressnerl City Manager James Cherofl City Attorney Janet Prainitol City Clerk Absent: Carl McKoYI Vice Mayor CALL TO ORDER: Mayor Taylor called the meeting to order at 10:02 a.m. I.B. Invocation Commissioner McCray volunteered to do the invocation for the meeting. I.D.l Additions, Deletions, Corrections It was agreed that an item be added to the agenda as XII.C.2 relating to withholding occupational licenses as a result of existing Code violations. II. A. Informational Items by Members of the City Commission Commissioner McCray expressed concern over the Little League placing blame on the City for the lack of a security system at the fields and the red tape encountered. He hoped the process involved could be made clear. Commissioner McCray would be asking staff to give an update on the security for the Little League field. Mayor Taylor mentioned the naming of the steering committee for the visioning needed to move forward. The Executive Director of the Chamber of Commerce had written indicating his desire to serve on the committee. The Commission agreed to add his name. III.C.l.a Recreation and Parks Month - July, 2006 Mayor Taylor noted a typographical error in the Proclamation and asked that it be corrected before the presentation. V.A. Accept the resignation of Debby COles-Dobay as a regular member of the Arts Commission. Meeting Minutes Agenda Preview Conference Boynton Beachl FL June 301 2006 Commissioner Ensler inquired if there was any procedure in place to return Ms. COles-Dobay to the Arts Commission if she were not selected for the Arts Administrator position currently open. Mr. Bressner replied Ms. Coles-Dobay would need to reapply for the next opening. Mayor Taylor felt it could not be an automatic return to the Arts Commission. VI.B.4. Award the "RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF BOYNTON BEACH", Bid #036-2511-06/CJD to Therma Seal Roof Systems, Inc. of Lake Park, FL in the amount of $853,600. Commissioner Ferguson asked what portion of the amount would be covered by FEMA reimbursement. Mr. Bressner advised he would obtain the figure by the meeting. VI.D. Accept the written report to Commission of purchases over $10,000 for the month of May 2006. Commissioner McCray requested the purchases be organized by departments. Mr. Bressner agreed and pointed out most lists would not be as extensive as the current one. VIII.D. Project: Comprehensive Plan Policies 1.9.5 and 1.16.1 Cycle 2- 2006 Amendments (CPTA 06-001) City-initiated Request to amend Future Land Use Element policies 1.9.5 and 1.16.1 of the City of Boynton Beach Comprehensive Plan. (1st reading of Proposed Ordinance No. 06-) Owner: Description: Commissioner Ensler questioned the use of the terms affordable housing and workforce housing interchangeably. Mike Rumpfl Director of Planning and Zoning pointed out the item had been inadvertently placed on the agenda. It would need to be presented to both the Community Redevelopment Agency Board and the Planning and Zoning Board. It was not scheduled to be heard by the Commission until the July 18th meeting. Mr. Rumpf answered Commissioner Enslerrs question that there would be a difference; howeverl it would be based on how the City defines the terms in the finalized program. Commissioner Ensler preferred the use of the term workforce housing. Commissioner McCray differentiated affordable housing that it could be placed anywhere in any community. Workforce housing was a grouping of things that come together such as the Tri Rail project that will be more accessible. Ms. Sherrod explainedl in the industryl affordable housing refers to homeowners who do not pay more than 30% of their income for their housing. Mr. Bressner added the intent would be to use affordable housing to relate the ordinance to the federal guidelines because the income levels would be very low and low income individuals. HUD issues income levels periodically based on the Miami area. Mr. Bressner felt the more language in the ordinance that would link to the official nomenclature used in the housing industry the better. Attorney Cherof advised the item should be removed from the agenda as it had been advertised for the July 18th meeting. It was agreed to remove the item from the agenda. 2 Meeting Minutes Agenda Preview Conference Boynton Beachl FL VIII.G. June 301 2006 Project: Agent: Location: Inlet Cove Association (INCA) (LUAR 06-019 ) City of Boynton Beach North Federal Highway and the Intracoastal Waterway; between the C-16 Canal and Mariners Way, and between Martin Luther King, Jr. Boulevard and North East 6th Court Description: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use to Low Density Residential. (1st reading of Proposed Ordinance No. 06-065) Commissioner Ferguson indicated he did not support the southern portion of the project. VIII.N Project: Agent: Owner: Location: Description: Forest Hill Lot 3, Block 2 (ZNCV 06-007) Octavia Sherrod City of Boynton Beach South side of SW 23rd Terrace approximately 255 feet west of SW 6th Street. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of 1-95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R-l-AA single family zoning district. (Tabled on June 20, 2006) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R-l-AA single family zoning district. (Tabled on June 20, 2006) Commissioner Ferguson continued to have significant problems with the requested relief. Mayor Taylor recalled the item had been tabled to obtain aerial views and other information. Commissioner Ensler requested clarification that the end of the driveway would be the street. Mr. Rumpf agreed the driveway would be going directly to the pavement and crossed the right- of-way line. There would be sufficient space for two driveways and separation at the pavement. Commissioner Ferguson did not agree. Commissioner Ensler inquired if the Code required more than 4'- 5" separation between driveways and Mr. Rumpf replied it did not. IX.B. Review and possible adjustment of the stormwater fees Commissioner Ferguson requested a list of any other commercial entities or residential developments in the Cityl except for Quantum Parkl that took care of their own stormwater drainage and paid taxes. X. FUTURE AGENDA ITEMS: 3 Meeting Minutes Agenda Preview Conference Boynton Beach/ FL June 30/ 2006 Commissioner Ensler questioned if items should be included relating to a potable water plan for the future and the Boundless Park. Mr. Bressner replied the potable water plan would be presented to the Commission as part of the Capital Improvement Plan for the Utilities Department and could be discussed at the beginning of the budget hearings. The Boundless Playground would also be discussed as part of the Capital Improvement Plan review. Commissioner Ensler requested any available information be distributed in advance of the budget hearings. Mr. Bressner agreed. XII.B.3 Proposed Ordinance No. 06-059 RE: Enacting restrictions to fishing on the Boynton Beach Boulevard promenade area east of Federal Highway to the Intracoastal Waterway. Mayor Taylor contended the CRA would be requesting other restrictions regarding skateboarding. Ms. Lejeune indicated conversations had been ongoing with Chief Immler who recommended the skateboard issue should be separated for the purpose of enforcement. Attorney Cherof agreed since the skateboarding issue would delay enforcement of the fishing prohibition and return the item to first reading. Mayor Taylor stressed the fishing problem should be dealt with as soon as possible. The possibility of decreasing the cost of signage in conjunction with enforcement was discussed. Bob Reardon/ CRA Director of Finance/ added barbecuing and loitering were also issues that had been identified as problematic. XII.C.l Proposed Ordinance No. 06-070 RE: Adopting a uniform procedure for nominating and voting for the Chair and Vice Chair of all City Boards. Commissioner Ensler discussed Robert's Rules and suggested adding language to address a vote without a majority requiring the one with the lowest number of votes to drop out. Attorney Cherof contended the ranking of votes would still be required. Commissioner Ferguson felt the Ordinance with the addition had become unnecessarily complicated. Attorney Cherof agreed to add the suggested procedural step in the process. · Mr. Bressner pointed out the item relating to occupational licensing and Code compliance violations should be added as XII.C.2./ first reading. He explained the purpose of the Ordinance was to connect a pattern of code violations to the issuance or refusal to issue an occupational license until there is compliance. · Commissioner Ensler commented on a site on Congress Avenue where hurricane damage had not been cleaned up and asked what could be done. Mr. Bressner advised the property owner had been contacted and enforcement action was proceeding on the assisted living facility located on Congress Avenue. The City had taken civil legal action to gain access on the private property to remove the debris. Mr. Bressner agreed to research the matter through Code Compliance and submit a complete status report. He reported Scott Blasie/ Code Compliance Administrator/ was aware of the issue. · Mayor Taylor expressed concern with the fireworks vendor threatening to pull out of the event. If there could be no fireworks display/ Mayor Taylor would be requesting that the 4 Meeting Minutes Agenda Preview Conference Boynton Beachl FL June 301 2006 vendor never be used by the City of Boynton Beach and felt all cities on the eastern coast and the League of Cities should be made aware of the vendor's failure to perform. Mayor Taylor explained the events that had transpired with the vendor. Mr. Bressner assured the Commission every effort was being made by staff to avert cancellation of the event. ADJOURNMENT: There being no further business to come before the Commissionl Mayor Taylor adjourned the meeting at 10:38 a.m. CITY OF BOYNTON BEACH rn. P~fo ATTEST: dith A. Pyle Deputy City Clerk (070306) 5