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Minutes 11-12-04 MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, NOVEMBER 12, 2004 AT 10:00 A.M. Present: Jerry Taylor, Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent: Mike Ferguson, Vice Mayor Call to Order Mayor Taylor called the Agenda Preview Conference to order at 10:00 a.m. and requested that the record reflect that Vice Mayor Ferguson had a doctor's appointment and would not be present. I. Openings - Selection of Vice Mayor Mayor Taylor inquired if there would be a swearing in ceremony and City Clerk Prainito responded that the new Vice Mayor would be sworn in. X. Future Agenda Items (addressed out of order) Mayor Taylor requested adding as Item E., under Future Agenda Items, the annual review of the City Manager's performance for the December meeting. Mr. Bressner also requested adding under Future Agenda Items, City Commission Workshop to review the 2004 hurricane season to be held in January 2005. I1. Other A. Informational Items by Members of the City Commission Commissioner McCray reported that he visited the Wilson Center yesterday and spoke with the principal of the school that is currently utilizing the Center. He was informed that the school secured a new location in Lantana and would be relocating in time for the next semester. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida November 12, 2004 III. Announcements, Community & Special Events & Presentations B. Community and Special Events 34th Annual Holiday Parade, Sunday, December 5, 2004 at 3:00 P.M., Federal Hwy. southbound between Ocean Ave. & SE 12th Ave. Mayor Taylor requested that the Commissioners advise staff if they would be participating in the Holiday Parade. C. Presentations Accept the presentation from Kimley-Horn and Associates, Inc. regarding the Wilson Project Master Plan Commissioner McCray inquired about the length of the presentation. Assistant City Manager Hawkins responded that it would probably be 10 to 15 minutes. Mayor Taylor requested that it be limited to 10 minutes. V. Administrative B. Appointments to be made Commissioner McCray recommended sending letters to the student councils of the various City schools seeking students to participate on the City boards. Mr, Bressner thought that this was a good suggestion. He pointed out that the Principal for a Day Program would be taking place next week and he would speak directly to the principals. VI. Consent Agenda E. Ratification of CRA Action: Edwards Medical Office (NWSP 04-012) - 3908 North Federal Highway - Request for a new site plan approval for an 11,796 square foot medical office building in the C-3 zoning district Commissioner Ensler will be pulling this item for discussion. He noted that the CRA denied the request and staff presented some specific reasons for rejecting the item. Commissioner Ensler requested clarification on one item. Under the project description, it indicated that the property is located in Palm Beach County and he inquired if the property was still located in the County. Mr. Bressner reported that the property is in the process of being annexed. Mike Rumpf, Planning & Zoning Director, stated that the ordinances for rezoning, annexation and land use were approved by Ordinance. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida November 12, 2004 Commissioner Ensler intended to bring up the issues that were brought up at the CRA meeting. Those issues included the scarcity of landscaping along the south side of the property, the setbacks and the discrepancy in the surveyor's report from other data submitted. He requested that these items be corrected prior to the meeting. Also, staff did not like the bright orange color of the building. Mr. Bressner did not think that these issues could be resolved prior to the Tuesday meeting and suggested that the item be tabled. Mayor Taylor pointed out that the items raised by Commissioner Ensler were conditions of approval and the applicant could not move forward until the conditions were satisfied. Mr. Bressner stated that staff would meet with the applicant before the Tuesday meeting and he would know before the meeting how the Commission should proceed. Barr Property (NWSP 04-013) - 1801 NE 4th Street - Request new site plan approval for a 180-unit townhome development on a 9.88-acre parcel in a proposed PUD zoning district Mayor Taylor requested that this item be heard with the applicant's public hearing items, all of which are being tabled to the January 18, 2005 meeting. Commissioner Ensler thought that it had been previously discussed that these types of items would be combined to avoid having items in more than once place on the agenda. Attorney Cherof confirmed Commissioner Ensler's assumption that items from consent would be moved appropriately to be heard at the same time. Commissioner Ensler inquired why these items were on the agenda since the applicant agreed to table them. Mr. Bressner agreed with Commissioner Ensler and explained that the planning and zoning items are placed on the agenda in advance of the hearing dates. Attorney Cherof stated that the items had to remain on the agenda because of the notice requirements. The Commission would pull the items and then table them at the meeting. A gentleman in the audience requested to be informed of the progression and meeting dates for these items. City Manager Bressner requested that he furnish his name and address to the City Clerk and the Planning & Zoning Director for this purpose. The gentleman making the request was David Fine, 2 "G" Street, Boynton Beach, FL 33435; telephone 742-4563. Mr. Fine is the contact person for the residents of Boynton Mobile Village. X. Future Agenda Items D. City Commission District Boundary Review - December 7, 2004 Commissioner McCray inquired if staff would have this information for the December 7th meeting. Mr. Hawkins did not think the information would be available for that meeting. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida November 12, 2004 Mr. Bressner stated that the City needed to retain the services of a consultant because this information is required by February 2005. The City's charter requires that the commission district boundaries be reviewed every four years. Staff will have to come to the Commission with a request for an RFP to find a consultant; therefore, Mr. Bressner recommended that this be placed on the January 18, 2005 agenda. VI. C.7. Proposed Resolution No. 04-201 Re: amending the 2004- 05 Community Development Block Grant (CDBG) Program to provide interim relocation assistance to affected residents of Boynton Terrace Apartments along with ratification of emergency action by City Manager (addressed out of order) Commissioner McKoy would be pulling this item. He noted that only a few months ago the Commission tried to find CDBG funds for some agencies that asked the City for assistance and he questioned where the money would be coming from for this request. Commissioner McKoy also asked how much money there was in CDBG funds that have been put aside over the years. Mayor Taylor noted that when the agencies referred to by Commissioner McKoy appeared before the Commission for funding, they received funds from the Heart of Boynton that was available to purchase property. When this new request was received, the City was informed that if the City did not take action immediately, HUD would enter the picture. If this occurred, relocation of the residents of Boynton Terrace would be delayed until sometime next year, which Mayor Taylor wanted to avoid. He felt it was important to relocate these people as soon as possible considering the conditions that they were living under. Commissioner McKoy realized that Boynton Terrace was a badly needed project, but he was concerned where the money was coming from. He wanted to know how much CDBG money had been set aside over the years and how the Commissioners could better assist agencies that come to the City seeking funding. Commissioner McKoy also noted that agencies have been turned away because they were informed there was no money and now there are CDBG funds available. Mayor Taylor requested that staff furnish Commissioner McKoy with information on how much money was remaining in CDBG funds from the past three years. Commissioner McKoy felt it was misleading to say there was no money, when in fact there was money available. Mr. Bressner stated that staff would provide the Commission with a "sources and uses analysis" of CDBG funds for the prior years to see where the money went and why there were some remaining fund balances. Mr. Bressner stated that staff is working on developing a new timeline for this program that would let the Commission become more involved in the process and have a greater say in the allocation of the funds before the funds are actually distributed. There is a Meeting Minutes Agenda Preview Conference Boynton Beach, Florida November 12, 2004 committee comprised of staff and citizens that evaluate the funding requests, but the new process would allow the Commission to have some input on how the money is spent. He recommended that this be added to Future Agenda Items and titled "Community Development Block Grant Allocation Process Revamp" to be addressed in January 2005. Commissioner McCray pointed out that these funds are governed by certain agencies and he wanted assurances that the City remained within those guidelines. He also pointed out that the Commission is the body that gives final approval on how the funds are allocated. Mr. Bressner stated that there are some concerns that the Commission is not involved in the process early enough since there is a deadline to respond to the requests. Mr. Bressner wanted the process to become a two-step process on the part of the Commission. The Commission would continue to review the final list of sub-grantees, but in June if possible. He would also like the Commission, in March of each year, to allocate the CDBG funds into specific categories that would give staff more direction on the organizations that would be eligible for funding. Mr. Bressner was not certain whether the City would be able to have a Section 108 program if the Federal government does not fund one. If this were the case, the City would have to come up with another funding source for land acquisition for the Heart of Boynton project. Commissioner McCray inquired when the City would receive notice of how much funding it would be getting. Quintus Greene, Development Director, stated that it varies from year to year, but is generally sometime in March. X. Future Agenda Items Commissioner McCray noted that review of the City Manager's performance was scheduled for December 7th and asked Mr. Bressner if this would allow him enough time to prepare his goals and objectives. Mayor Taylor felt that they should move forward on evaluating the City Manager's performance at the December 7th meeting. Mr. Bressner could present his goals and objectives at the next meeting after the December 7th meeting. Commissioner McCray would like to receive a written copy of Mr. Bressner's goals and objectives in order to fairly evaluate his performance. Mr. Bressner responded that he would be able to furnish a report in writing on the status of his objectives by the end of next week. He also requested that the Commission offer some ideas on what they would like the City to concentrate on in the next year. Mayor Taylor requested that this be added to the December 7th agenda. Commissioner McKoy would like to have the League of Cities' attorney address the Commission on the County's annexation program and the concerns that the League has. The League would like the City to take a public position on this Meeting Minutes Agenda Preview Conference November 12, 2004 Boynton ~&ch, Florida issue. Commissioner McKoy inquired if this could be added to the December 7th agenda and Mr. Bressner felt that it could. · Commissioner Ensler stated that he had concerns about the annexation of enclaves in the City and Mr. Bressner stated that this was part of the strategic plan that was approved by the Commission in June. Commissioner Ensler inquired when this could be addressed and at this time Mr. Bressner was not certain. Commissioner Ensler requested that this item be accelerated on the agenda. Mayor Taylor inquired how many enclaves were within the City and Mr. Bressner stated that there were over 15. There was a consensus to add this as a future agenda item. Xl. New Business A. Discussion of Suspended Animation, Inc. Attorney Cherof had requested that this item be tabled to allow reseamh of the legal status and to consult with the applicant's attorney. Attorney Cherof has a telephone conference scheduled with the applicant's attorney next week and requested that the item be tabled again. Commissioner McCray requested that he be furnished with the State laws that govern this type of activity. Attorney Cherof has obtained some information from the State on this issue. Xll. Legal B. Ordinances - Ist Reading Proposed Ordinance No. 04-092 Re: Amending Section 108 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code providing for public hearings before the Building Board of Adjustment & Appeals regarding complaints against contractors for fraud or willful disregard of the building codes Commissioner Ensler inquired if this Ordinance involved an appeal process to the City Commission. Mayor Taylor thought it could be appealed to the courts. Attorney Cherof stated that it could also be appealed to the State Department of Business and Professional Regulation and would not come to the Commission. Commissioner Ensler inquired if this was something that should come to the Commission. Attorney Cherof responded that the City Commission has no jurisdiction over the contractors and there was no reason for these issues to come before the Commission. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida November 12, 2004 Adjournment There being no further business, the meeting properly adjourned at 10:45 a.m. Attest: Recording Secretary ~ Mayor ~ Commissioner (November 17, 2004)