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Minutes 04-16-04 f4~ZNUTES OF THE AGENDA PREVIEW CONFERENCE HELD ZN CONFERENCE ROOH C, WEST WZNG, CZTY HALL, BOYNTON BEACH, FLOI~DA ON FI~DAY~ API~ZL 16; 2004 AT 10:00 A.M. Present Jerry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor James Cherof, City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner Mayor Taylor called the meeting to order at :~0:00 a.m. V.A. Appointments to be made Mayor Taylor suggested that the Commission appoint members to one board at a time with each Commissioner nominating members in the order that they are listed on the agenda. Commissioner McCray inquired why there are some applications that are marked "non- qualified." City Manager Bressner explained that the ordinance currently reads that for the Planning & Development Board, members must have certifications. Under current rules, a number of individuals who have applied to that board are not eligible to serve. If the ordinance is rescinded or amended to give a different set of qualifications, then they would be eligible. It was explained that there may be duplications of the profile forms for different boards. This was done so that the Commission had a complete listing of applicants for each board as some people may have more than one board as a choice. Commissioner Ensler said that the ordinance for the Building Board of Adjustment & Appeals actually allows both technical and lay people to serve. The only question is how many of each should be on the board. City Attorney Cherof explained that there are items under Legal, Other, that deal with these board issues. There was discussion regarding how to handle the Planning & Development Board appointments since the items concerning board issues are at the end of the agenda. It was noted that current board members serve until they are replaced, it was the consensus of the Commission to hold the appointments to the Planning & Development until the May Commission meeting. Meeting Minutes Agenda Preview Conference BoyntQn Be~ch, Florid~ April 16, 2004 VI.B.1. Approve the ranking of firms by the EvaluaUon Committee for the "DEVELOPMENT OF A STRATEGIC PLAN AND UPDATZNG THE RECREATION AND OPEN SPACE ELEMENT OF THE CTrY OF BOYNTON BEACH'S COMPREHENSZVE PLAN," RF(~#025-2710-04/C]D; and to authorize the Recreation and Parks Department to conduct negotiations for compensation for services (TABLED ON 0~/07/0~) felt that the Recreation and Parks Department knows where we are going and did not see the need for this item. Wilfred Hawkins, Assistant City Manager, explained that the open space element is part of the Comprehensive Plan and that needs to be updated. We will do a strategic plan in conjunction with that so this is a very forward thinking process. Commissioner Ensler asked what the price range was. Assistant City Manager Hawkins will provide that information to Commissioner Ensler. VT.B.3. Award the RFP for the "ANNUAL JULY 4th FTREWORKS DZSPLAY," RFP#039-2710-04/JA to "MELROSE SOUTH PYROTECHNZCS, zNC. of South Carolina in the amount of $31,000 to include the barge (Proposed Resolution) City Manager Bressner noted that since the fireworks display was back on the ]ntracoastal, we must have a Coast Guard certified oceangoing barge. The barge and the insurance are a big part of the cost. He explained that letters were sent to Ocean Ridge, Manalapan and Hypoluxo suggesting that they might want to contribute since they benefit from the displays. VT.B.5. Extend the Code Compliance trailer lease as "sole source" with RESUN LEASTNG, TNC. in the amount of $11,424.96 with a contract period of May 19, 2004 through May 18, 2005 Commissioner McCray asked how much longer Code Compliance would be housed in the trailer. City Manager Bressner responded that it would be a minimum of another two years. VI.C.5. Proposed Resolution Re: Agreement between Palm Beach County and the City of Boynten Beach to provide funding for the HeritageFest Coronation and Youth Awards Banquet Wally Majors, Recreation & Parks Director, noted that this was a reimbursement. VI.C.11. Proposed Resolution Re: Amending the Cemetery Rules & Regulations to add a rule requiring that on all new mausoleum sales, bodies to be placed in the mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. Zn addition, a plastic tray must be placed under the casket on all entombments. Meeting Minutes Agenda Preview Conference BovntPn Beach, Flpri~]~ April 16, 2004 Commissioner McCray asked how many crypts were previously purchased. Assistant City Manager Hawkins will provide the number to Commissioner McCray. VZ.C. 12 City Manager Bressner requested that an item be added as Consent :Item C.12 to provide the title commitment for the Wilson Center land acquisition. It was the consensus of the Commission to add this item to the agenda. VZ.E.1. Mariners Way (ZNCV 04-001), 800 Mariners Way - Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of 40 feet, to allow for a variance of 30 feet, and a front yard setback of 10 feet for a structure within an R-3 zoning district Mayor Taylor said that the CRA denied this request. However, he went to the site and felt that the location that the applicant proposed to put the restroom was exactly the right place for it. The location that the CRA recommended would have placed it in the middle of a beautiful view of the :[ntracoastal. Mayor Taylor explained that this began when the applicant built a tiki hut by the pool without permits. The neighbor next door is building a two-story house and said that the tiki hut would block his view. The applicant is willing to lower the tiki hut by two feet. The neighbor has no objection to the restroom location. Mayor Taylor felt it was a hardship because a bathroom is needed near the pool. City Manager Bressner asked the City Attorney whether the Commission has the authority to overrule the CRA and authorize a variance. City Attorney Cherof advised that the Commission could pull an item of this nature off the Consent Agenda and reconduct the quasi-judicial hearing. The applicant should be notified of the meeting since it would be a quasi-judicial hearing. Commissioner Ensler commented that he spoke with a CRA member who said that the applicant was not willing to talk about modifications. ]~f the applicant is now willing to discuss modifications, Commissioner Ensler would want to remand it back to the CRA. Mayor Taylor explained that the CRA postponed this case the first time and asked them to see whether something could be worked out. Nothing was worked out and it came back to the CRA. They denied it because it does not meet the setbacks. City Manager Bressner asked the City Clerk's Office to provide an excerpt of the CRA meeting minutes to the Commission on Monday. Commissioner McCray noted that he concurred with Mayor Taylor's remarks. 3 Meeting Minutes Agenda Preview Conference Bovnton Beach, Florida Aoril 16, 2004 V/.E.2. Coastal Bay Colony (SPTE 04-002), SE 23~ Avenue and South Federal Highway - Request for a one-year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005 Vice Mayor Ferguson asked what this original site plan was for. Doug Hutchinson, CRA Director, explained that this was a project of 64 townhouses and it was a good project. Quintus Greene, Director of Development, commented that they were just about ready to pull their permits. VI.G. Appropriate $7,000 from the Law Enforcement Trust Fund (federal forfeiture funds) to pay for the production and broadcast of an anti-drug public service announcement Commissioner McKoy asked for clarification on item G. Police Chief Marshall Gage explained that there would be 80 commercials over a three-week period. They would each be 30 seconds. The broadcast would be both an anti-drug campaign and a recruitment campaign. VT.:]. Authorize the use of $500 of Community [nvestment Funds to Bethesda Memorial Hospital for the Jayne Miller Nursing Scholarship Fund by Vice Mayor Ferguson Mayor Taylor and Commissioner McCray each wanted to authorize $500 of Community Investment Funds for this scholarship. The agenda item will be changed to include these funds. XZZ.A.2. Proposed Ordinance No. 04-013 Re: Development of Regional Impact Amendment (DR/A) approval amending the approved uses within the project~ establishing a use conversion matrix and changing the name of the DRZ project from Motorola to Renaissance Commons (TABLED ON 04/07/04- A H/AIT'ZN~;APPROVAL FROAf D.C.A. ON COI~fPANZOIV ORDINANCE) Ed Breese, Principal Planner, explained that this ordinance would not be ready to come to the Commission until late May or early June. It was the consensus to remove this item from Legal and place it under Future Agenda Items for June 2004. XII. B.2. Proposed Ordinance Re: Revisions to Chapter 10 "Garbage, Trash and Offensive Conditions" of the Code of Ordinances, Part ZI City Manager Bressner explained that they are attempting to establish some ground rules to allow staff to deal with individuals who put their materials out far in advance of when they are supposed to. This ordinance was written in response to conversations with several homeowners' associations who were concerned with how their neighborhoods looked. Mayor Taylor's only concern was when people do major things to their homes on weekends. He wanted to know what those people would do with the materials. City Manager Bressner said that this would be a special pick-up and they would work with the residents. Meeting Minutes Agenda Preview Conference BoYnton Beach, Florida April 1~, 2004 X/Z.B.3. Proposed Ordinance Re: Revisions to Ordinance No. 01-64 (Arts Commission) City Manager Bressner said that revisions were made to define "citizens" and to switch their cycle to May rather than November. XZZ. D.1. Discussion regarding Non (~uasi-judicial Advisory Board Consolidation There was some discussion regarding this item, City Manager Bressner said that he would fax to the Commission a synopsis of what each board does, City Manager Bressner pointed out that consolidation of the Boards would need to be done by ordinance and would require two readings, That would take this into June. The consensus of the Commission was not to consolidate boards this year and to move this item to Future Agenda Items for May 4, 2004 for discussion. XII.D.3. Reconsideration of Ordinance No. 04-010 regarding consolidation of powers of the Building Board of Adjustment and Appeals with the Planning and Development Board Vice Mayor Ferguson and Commissioner McCray did not think that these two boards should be combined, Commissioner Ensler spoke of reasons why he thought they should be combined. The Building Board of Adjustment & Appeals makes decisions based on appeals to the Board, These are people who are not involved on a day-to-day basis as the Planning & Development Board and the City Commission are. Their decisions could be contrary to the intent of what the Planning & Development Board or the Commission approved. Their decision is not even reviewable by the Commission. He felt that having people on the Planning & Development Board to make these decisions would be of value, Also, this ordinance requires some number of technical people on the board to help advise the lay people. Commissioner Ensler felt that this would be helpful. City Attorney Cherof explained that the proposed ordinance he drafted would amend two sections of Ordinance No. 04-010 that defines how the board is comprised and adds a section when the Planning & Development Board would act as the hearing board for building code and life safety items. Other ]:t was announced that there would be an executive session to discuss labor negotiations after the regular Commission meeting. City Attorney Cherof noted that labor negotiations were exempt from being noticed. Meeting Minutes Agenda Preview Conference Boynt;Qn Beach, FIQrida April 16, 2004 City Manager Bressner distributed a meeting notice for May 21st at which one or more of the Commission would be present to discuss the Winchester property. This meeting was in response to a request by some of the residents. City Manager Bressner will be at the meeting along with representatives from the Development Department and Public Works. There being no further business to be discussed, the Agenda Preview meeting properly adjourned at 10:50 a.m. ClTY OF BOYNTON BEACH Com~ / (one ~pe - 0~1~10~) 6 ._Exhibit - Agenda Preview Conf. 4/16/04 MARINE, ~ WAY HOMEQWNER A ,,SSOC~TION SteVe irl~ck, PresMent 737-49~i3 for a z~ wtth~ a R-3 z~lng ~ ~ the ~ hut hp~ t~ vi~ oftheb~ ~m a ~ ~ phm to. ~~. He dM ~f obi~ ~ ~ pl~m~ of~e balm. Ho~; ~ ~ did offeraRemM b~~ ~ ~ ~e bmb~m we ~ d~np ~d pbO~~ of the ~ M show ~ ~m M~~ w~ p~ wo~ fib ~ a~ tbm the ~ne ~m the ~ ~ lot~ ~ ~ fm~ ~ on the C~'s ~6flabn a~. p~ We ~ ~ of th C~. A ~a~ ~mbr ~ ~ av~hb~ m show Tha~ you. ._Exhibit - Agenda Preview Conf. T]~e Ci~§ o~ ]~o~n~on 5each 4 / ~ 6 / 0 4 Ci~9 Clerk'~ O~ice 100 E BOYNTON BEACH BLVD BOYNTON BEACH PL 55435 (5§1) 749~060 FAX: (961) 749-6090 e-mail: www.boynton-beach.org MEETING NOTICE WEDNESDAY, APRIL 21, 2004 AT 6:30 P.M. LIBRARY PROGRAM ROOM BOYNTON BEACH CITY LIBRARY BOYNTON BEACH, FLORIDA In accordance with Section 22 of the City Charter of the City of Boynton Beach, you are hereby notified of meeting to be held on Wednesday, April 21, 2004 at 6:30 p.m. at which one or more members of the City Commission will be present for the purpose of: DISCUSSING THE WINCHESTER PROPERTY Said Meeting was requested by a group of Boynton Beach residents wishing to discuss possible development of the subject property. Representatives of staff will be present to facilitate the discussion. Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CTFY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSEt HE/SHE HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 256.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BENEFITS OF A SERVICEr PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLE/LSE CONTACT 3OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PPJOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. S:\CC~WP\SPECIAL MEETINGS\MEETING NOTICE - WINCHESTER PROPERTY - 04-21-04.DOC 04/16/2G04 8:45 AM C: City Mgr, City Attny. City Commission, Information Officer, Facilities, Chamber, Fires America's Gateway to the Gulfstream