Minutes 10-02-03 MTNUTES OF THE AGENDA PREVZEW CONFERENCE
HELD ZN CONFERENCE ROOt4 C, WEST WI'NG, CZ'I'Y HALL,
BOYNTON BEACH, FLORZDA
ON THURSDAY~ OCTOBER 2~ 2003 AT 2:00 P.M.
Present
Gerald Broening, Mayor
Mike Ferguson, Vice Mayor
Mack McCray, Commissioner
Carl McKoy, Commissioner
Ron Weiland, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
City Manager Bressner began the agenda preview at 2:00 p.m. He reported that last week he
was notified that the City received a grant for the Palmetto strip area. He will provide more
details to the Commission.
III.C.l.a. City of Boynton Beach General Election - November 4, 2003
City Clerk Prainito explained that the code requires that the regular Commission meeting be
held the next working day after the election. Therefore, the first meeting in November will be
held on Wednesday, November 5th.
City Manager Bressner said that the certified election results might not be available by
November 5th. The Charter states that the newly elected Commission will meet within 72 hours
after the election results are final. It was explained that the present Commission would sit for
the November 5th meeting. If the election results are not available by then, a special meeting
later in the week would be held to swear in the newly elected Mayor and Commissioners.
IV.A. Appointments to be made:
City Manager Bressner explained that there is a vacancy on the Cemetery Board because Mr.
Tined is no longer eligible to serve. The vacancy will be noted on the agenda.
V.C.1. Proposed Resolution Re: Declaring the public necessity of acquiring eight
parcels of property in the Railroad Avenue Stormwater project area for the purpose
of constructing a drainage/retention pond
Assistant City Manager Sugerman explained that the City is getting four locations from nine
individual parcel owners. One of these was secured through negotiations. He will provide the
Commission with a recap of discussions between the Urban Group and the property owners and
a location map for these parcels.
V.D.1. Griffith Variance (ZNCV 03-009), 1301 N.W. 8th Court - Request relief from
Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet
for a single-family home within the R-l-AA zoning district, to allow for a variance of
5 feet, and a rear yard setback of 20 feet
Meeting Minutes
Agenda Preview Conference
B0yntQn Be~ch, FIQrJdi~
QctQber 2, 2QQ:~
City Attorney Cherof pointed out that although the Planning & Development Board approved the
request for a variance, staff recommended denial,
Commissioner Weiland felt that this is one of the ordinances that should be changed. He
wanted to keep families in Boynton Beach rather than having to move out of town in order to
have larger homes. He spoke regarding a mansion that was built on Riviera Drive that had
nothing but concrete on most of the lot but met the setbacks. He felt that greenspace, quality
of life and free flowing air were the reasons for the 25' setback.
City Attorney Cherof explained that until the Code is amended to change the criteria, staff is
correct that is does not meet the definition of a legal hardship.
City Manager Bressner said that the Commission had a range of options. Among the options
were to amend the Code to allow for a 20' rear yard setback, require a percentage or establish
a grandfather clause in the ordinance that any properties that were of record at the time of the
ordinance could have a setback of 20'. Until there is a change in the LDR, staff is obligated to
require owners to go forward for a variance and be considered on a case-by-case basis.
Mayor Broening did not believe that variances were bad if they were not abused. However, he
felt that the Commission was talking about whether there is a way to avoid a variance and still
preserve the intent of the ordinance.
Tt was explained by City Manager Bressner that there are many instances where owners do not
want to apply for variances because they believe they might be denied and do not want to
spend the money for the application fee.
It was the consensus of the Commission to add a proposed modification to the LDR regarding
rear yard setbacks as a future agenda item.
V.T. Authorize the City Manager~ City Attorney and Finance Director to take the
necessary steps to have an Actuarial Tmpact Study performed on the cost of offering
an Early Retirement Program to eligible City employees
City Manager Bressner said that there were questions regarding the window of eligibility for this
program and when the actuarial study could be completed. His understanding was that the
study could be completed by the end of this month.
Commissioner Weiland said that he was told that it could be completed by October 16th and the
ordinance could have a first reading at the last meeting in October. He thought that it made
sense that either this Commission or the future Commission handles this entirely. One
Commission should vote on both the first and second readings of the ordinance.
City Manager Bressner said that he might not have the report until October 16th but he could
walk this on at the Agenda Preview meeting. He agreed that if this Commission could resolve
it, it would be one less thing the next Commission would have to worry about.
2
Meeting Minutes
Agenda Preview Conference
BoyntQn Beach, FIQrida
October 2, 2003
ZX.A. Discussion of Marina Development Agreement (Tab/ed on $/20/03)
City Manager Bressner explained that the fourth draft went back to the other two parties. He is
cautiously optimistic that he will have something for the Commission this year.
X.C. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to
Expand Cemetery West into Little League Park (November 2003)
Since there are two workshops and a follow-up meeting scheduled for November, it was the
consensus of the Commission that the workshop regarding Cemetery options be changed to
December 2003.
XZ. NEW BUSZNESS:
City Manager Bressner distributed copies of a proposed agenda item, a copy of which is on file
in the Office of the City Clerk. He explained that according to City Code, the City Commission
may appoint and remove the Chair and Vice Chair of the CRA. This is not a Board who appoints
their own Chair. He also pointed out that a member cannot be removed except for cause. If
the Commission desires to make any changes as to the Chair or Vice Chair, this proposal would
allow them to work within the existing pool of current CRA members in the form of a rotation.
Tt was the consensus of the Commission to add this item to the agenda for discussion. City
Manager Bressner said that he would notify the CRA members that the item would be on the
agenda.
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at 2:22 p.m.
A~E~:
Deputy City Clerk
(one tape - :[0/3/03)
CITY 0[: BOYNTON.BEAGH ,
Com~ li.s~i~1"~~ ~
The City of Boynton Beach
OFFICE OF THE CITY MANAGER
1 O0 E. Boyn~on Beach Boulevard
P.O. Box310
Boynton Beach, Florida 33425-0310
City Manage/s Q[/'~ce: (561) 742-6010
FAX: (561) 742-6011
e-mail: city. rnanoger~ci, boynton-beach.fl, us
www. cl. boynton-beach.fl, us
__EXHIBIT - 10/2/03 Agenda
Conference Minutes
Preview
To:
From:
Date:
Subject:
City Commission ~~¢.~~
Kurt Bressner, City Manager
September 30, 2003
Proposed Agenda Item - New Business for October 7, 2003 Commission
Please find attached a draft City Commission Agenda Coversheet to be discussed at the Pre-Agenda
Meeting of Thursday, October 2nd at 2 PM. Thank you.
Cc~
James Cherof
Wilfred Hawkins
Dale Sugerman
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
[] August 5, 2003
[] August 19, 2003
[] September 2,2003
[] September 16,2003
Date Final Form Must be Turned
in to City Clerk's Office
July 14, 2003 (Noon.)
August 4, 2003 (Noon)
August 18, 2003 (Noon)
September 2, 2003 (Noon)
Requested City Commission
Meeting Dates
[] October 7,2003
[] October21,2003
[] November 5, 2003
[] November 18,2003
Date Final Form Must be Turned
in to City Clerk's Office
September 15, 2003 (Noon)
October 6, 2003 (Noon)
October 20, 2003 (Noon)
November 3, 2003 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative [] Legal
[] Announcement [] New Business
[] City Manager's Report [] Presentation
[] Consent Agenda [] Public Hearing
[] Code compliance/Legal Settlements [] Unfinished Business
DRAFT DRAFT DRAFT
RECOMMENDATION:
City Commission review of rotation of CRA Chair to another member of the CRA.
EXPLANATION: Mayor Broening initiated this item after review of the September 16, 2003 City Attorney memorandum
(attached hereto). Based on the memorandum the City Commission may, at its option, re-designate the positions of Chair and
Vice-Chair of the Boynton Beach Community Redevelopment Commission. The current members and terms of the CRA
members are as follows:
Name Term Ends
Alexander DeMarco 6/20/06
Donald Fenton 1 / 10/06
Larry Finklestein - Chair 1/5/05
Charles Fisher
Jeanne Heavilin-- ~ ~0~ 6/20/04
~ 1/10/05
Michelle Hoyland 1 / 10/04
Henderson Tillman 1 / 10/05
The Mayor has requested that the City Commission discuss possible rotation of the CRA Chair to another member of the CRA
Board at the City Commission meeting of October 7, 2003.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Make no changes at this time.
Department Head's Signature
City Manager's Signature
Department Name
S:LBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
CITY OF BOYNTON BEACH
TO:
MEMORANDUM
Mayor Gerald Broening
Members of the City Commission
FROM: James A. Cherof, City Attorney
Community Redevelopment Agency
September 16, 2003
DATE:
I am aware that the following question may be posed by the City Commission:
Can the City Commission re-designate the Chairperson of the Community
Redevelopment Agency during the term of the Chairperson?
Short Answer: Yes
Analysis: Chapter 163, part III, Florida Statutes contains the provisions for the creation of
the Community Redevelopment Agency and the appointment of the goveming body of that
agency. Section 163.356(3)(c) contains the following provision regarding the designation of a
chair and vice chair:
The goveming body of the county or municipality shall designate a chair and vice
chair...
Section 2-13.2 codifies the Community Redevelopment Agency appointment provisions and
provides that the City Commission shall select by majority vote the chairman and vice-chairman
of the Board of Commissioners of the Community Redevelopment Agency. The enacting
ordinance which established the Community Redevelopment Agency and the amending
ordinances thereto contain no further limitations or restrictions regarding either the appointment
or term of the chairperson. Absence such restriction and in light of the statutory language
reserving designation power to the City Commission, I am of the opinion that the City
Commission can re-designate the chair and vice chair of the Community Redevelopment Agency
at the City Commission's discretion.
Conclusion: The chair and vice chair of the Community Redevelopment Agency serve at the
discretion of the City Commission and the City Commission has the authority to re-designate the
positions from the members of the Community Redevelopment Agency.
JAC/lmf
C:\Documents and Settings\bressnerk\Local Settings\Temporary Internet Files\OLKDhMemo to Comm re CRA.doc