Minutes 01-31-00 MTNUTES OF THE AGENDA PREVt'EW CONFERENCE
HELD I'N CONFERENCE ROOM "B"~ CI'TY HALL, BOYNTON BEACH, FLOI~DA
ON THURSDAY, .1ANUARY 31, 2000 AT 4:30 P.M.
PRESENT
Gerald Broening, Mayor
Henderson Tillman, Vice Mayor
William Sherman, Mayor Pro Tem
Ron Weiland, Commissioner
Nellie Denahan, Commissioner
Wilfred Hawkins, Interim City Manager
Dale Sugerman, Assistant City Manager
.]ames Cherof, City Attorney
Sue Kruse, City Clerk
CALL TO ORDER
Mr. Hawkins called the meeting to order at 4:37 p.m. and announced that Dale Sugerman would lead this
conference.
IV-B.4 Renew the bid for a one-year extension for "BEVERAGE AND FOOD
CONCESSIONATRES FOR THE GREAT AMER/CAN LOVE AFFATR
(G.A.L.A.) AND CULTURAL FESTIVAL 2000" to Kiwanis Club of Boynton
Beach~ Florida for the Beverage portion and San Francisco Puffs &
Stuff, ThC. of Ft. Lauderdale, Florida for the Food portion with an
income of $14,600
Commissioner Denahan referred to Page 26 of the bid document in the back-up material. She pointed
out that Kiwanis is a not-for-organization and is already working almost exclusively in the Boynton Beach
area for our citizens. Commissioner Denahan was opposed to charging them $2,000 or $2,100.
Ms. Green advised that a GALA Executive Board determined this amount. For many years, Kiwanis
contributed nothing in terms of funding. This function was bid out last year and this amount of money is
what Kiwanis offered because they wanted exposure at the GALA.
[V-D.1 THROUGH 5
Actions
Ratification of Planning & Development Board
Mayor Broening announced that Attorney Cherof recommended moving these items from the Item TV-
Consent Agenda to Ttem-TX-Development Plans.
With respect to the Sammy Berry issues, Mayor Broening said he spoke with Mr. Greene and
suggested that drawings and additional information be presented at the meeting so that everyone
would understand the streetscape proposed for IVlartin Luther King, Jr. Boulevard.
Quintus Greene, Development Director, explained that the original concept the architect proposed would
not have required most of the variances. :in that proposal, the building would have been set back and
patrons would have parked their vehicles in front of the building close to the street. Staff recommended
moving the building forward to develop a street wall along Martin Luther King, Jr. Boulevard. The Urban
Design Guidelines are not specific for this street, but they call for the encouragement of a street wall.
Staff felt this was an opportunity to begin that street wall and provide the parking in the rear. Tn order to
create this driveway within 180' of Seacrest Boulevard, a variance would be required. Another variance
would be required to bring the building forward to the sidewalk because it would eliminate the 30'
setback. An additional variance would be required to move the driveway as far east as possible because
this reduces the side setback. The architect and owner were both willing to accommodate staff's request.
MEETt'NG M?NUTES
AGENDA PREVZEW CONFERENCE
BOYNTON BEACH, FLOR[DA
3ANUARY 31, 2000
Mr. Greene advised that during the Planning & Development Board meeting, there was only one member
of the audience that objected to this proposal and that resulted in one board member voting in
opposition.
Commissioner Weiland pointed out the importance of addressing uniformity and consistency in an effort
to achieve this street wall on both sides of the street. Although there are very few new building projects
in that area at the present time, it is anticipated that there will be new construction in the future. Mr.
Greene said staff would encourage this type of development on all new construction projects.
Mayor Broening advised that at the meeting, he would recommend that the Commission set a policy that
would enable staff to accomplish this without going through this process. Mayor Broening said he would
look for a short-term solution until overlay zones could be established.
· With regard to the David Chafin request, Commissioner Weiland requested additional information
about setback requirements for the surrounding properties.
Mr. Greene reported that Mr. Chafin argued that he was taking an office that was in a room in his house
and moving it outside. The structure that he is building outside is larger (and could be a guesthouse.)
addition, this proposed structure would encroach into the rear setback. Mr. Chafin could reorient the
building by turning it 90°. This would eliminate the rear setback encroachment. However, he chose not
to do that because he might want to install a pool in the future. Mr. Greene pointed out that the
Commission would have to determine whether or not a hardship exists for Mr. Chafin.
Mr. Sugerman recommended to Mr. Greene that staff be prepared at the meeting to discuss comparables
if they exist.
When Commissioner Denahan reminded the Commissioners of the applicant's responsibility to prove that
a hardship exists, Assistant City Attorney :[gwe explained that there are elements under the Code that the
applicant must meet in order to qualify for hardship. The biggest hurdle to overcome is that the hardship
may not be self-created. Attorney [gwe has a problem with Mr. Chafin's request.
Mayor Broening said he would try to stimulate some thinking about how we apply Codes during this
transition period where we are shifting from the old Boynton Beach to the new redeveloping Boynton
Beach. This would involve both commercial and residential, particularly east of ~[-95 where there are
comparables and where the house sizes are small in comparison to other places.
Vice Mayor Tillman cautioned the Commission about spot zoning since it could have a negative impact on
development of the neighborhood.
IV-G Authorize an agreement with CDM Engineers & Constructors, Inc. for
the construction of the Downtown Stormwater Retention Pond (Pond
"B") using a "CH At-Risk" Contract
Mr. Sugerman reported that the actual contract was still in negotiation and it should be completed in time
for the meeting. He highlighted the following items that were addressed during the negotiations:
1. The constructors will publish the schedule of construction up front.
2. The actual calendar of events will be made part of the contract.
MEETING MINUTES
AGENDA PREVIEW CONFERENCE
BOYNTON BEACH, FLOP~DA
3ANUARY 31, 2000
The City mandated that there be a 5% penalty per month on the construction
manager that would come out of the shared savings split for each month that
they are late.
4. Change Orders would be limited to:
Specific events that are in listed in the contract; and
The owner's request for a Change Order.
This substantial completion will be certified by the engineer and the dates
recognizing substantial completion will be confirmed by an action of the City
Commission. Substantial completion is when the owner has use of a portion of
the project.
They will provide and pay for all bonds on this project.
Delays will only result in the extension of time. There will be no additional
money.
They will install a retainage clause in the contract. We will retain 10% of our
money through 50% of construction, 5% through substantial completion and 2%
until final, completion.
10.
The construction manager wants a clause in the contract that says failure on the
part of the City to pay any bill within 30 days of receipt of the invoice and seven
days of written notice of our failure to pay an invoice would result in their being
allowed to suspend work. (This item is still being negotiated by the City.)
They have increased the limits of liability from the general $1 million to $5
million.
With respect to Ttem #9, Attorney Cherof advised that the City's position is that our contractors on a key
project should not be able to strike over a wage issue. There are safeguards built into the agreement for
mediation and litigation of disputes regarding money. We are willing to add language that would protect
undisputed money and we would pay all undisputed money. We will hold back disputed money. Because
of the timing aspects of this project, we could not afford to have a contractor or construction manager
walk off the job.
Mr. Sugerman advised that CDM is concerned that a newly elected City Commission may decide they
don't like the project and stop it. They want to protect themselves against such action. Attorney Cherof
believes we could add language to satisfy them. Tf the City is willing to make payments, even into an
escrow account, that will satisfy them.
Commissioner We,land said he would have a number of questions on this item on Tuesday evening.
X-A. Request for funding from Boynton Beach FaithlsT~ased Community
Development Corporation (TABLED ON FEBRUARY
Commissioner Denahan requested that the back-up information from the previous City Commission
meeting be reissued.
MEET]'NG Mt'NUTES
AGENDA PREVI'EW CONFERENCE
BOYNTON BEACH, FLOI~DA
3ANUARY 31, 2000
Attorney :[gwe advised that additional research was required on the issue of separation of church and
state. :It was determined that the church is not a recipient, but only a participant in this instance.
Mr. Hawkins reported that the funding source for this item would be "Community Promotions". This
group has been working with Ms. Sherrod with respect to what is happening in the area with rehab and
redevelopment. Mr. Hawkins advised that if the Commission denies their request, they have another
option through Ms. Sherrod's office.
Commissioner Denahan inquired about the criteria that this group had to meet that others have not been
able to meet that has allowed this item to move forward to the Commission for funding consideration.
Mr. Hawkins advised that this group is no different from any other organization requesting funding. They
did specific preparation to define their goals and objectives. This is a structured program and staff feels
it fits into our goals.
Commissioner Weiland reminded Mr. Hawkins of discussions they had about helping the people in the
community who were working out of their home feeding people. At that time, Mr. Hawkins provided
those people with information on how they could set up a foundation. The Faith Based Community
Development Corporation has gone through the procedure.
Vice Mayor Tillman asked for clarification of the function this organization would be providing. Mr.
Hawkins advised that in some cases, applicants to City programs do not meet federal criteria. :In
addition, there are elderly people who cannot get through the paperwork. This organization would help
to keep people from "falling through the cracks". :If a disaster were to occur, this organization would be
able to provide immediate assistance.
Vice Mayor Tillman raised the issue of conflict of interest since a City employee would be the president of
this organization. Mr. Hawkins advised that the City Attorney would have to investigate this issue. Vice
Mayor Tillman did not feel this issue was ready to move forward at this point.
Commissioner Weiland said he would like to discuss this issue at the meeting and he would be willing to
table it to a later date. Vice Mayor Tillman felt this issue could not move forward because of legal
concerns; therefore, it should remain on the table.
Commissioner Denahan requested that the Commission be provided with an accounting update of the
Community Promotions account.
Mr. Sugerman pointed out that it is important to ensure that every organization in the community is
aware of the criteria so that they all have the same opportunity.
Mr. Hawkins reminded the Commissioners that the City used to let a board handle a line item known as
"Contribution to Community Services". Applications would be submitted to the board for the members'
review and recommendation to the City Commission. That stopped in 199! when the money was
eliminated from the budget. The money has now been returned to the budget, but the City has not
reinstituted that process through the board.
Mr. Hawkins advised that the process he described is on file and he offered to provide the Commission
with a copy of the procedure.
X-C
Reconsideration of Resolution No. R99-166 regarding the contract for
purchase and sale of real property between the City of Boynton Beach
and the Town of Ocean Ridge and Resolution No. R99-167 regarding an
HEET]'NG MI'NUTES
AGENDA PREVIEW CONFERENCE
BOYNTON BEACH, FLOR[DA
3ANUARY 31, 2000
Tnterlocal Agreement between the City of Boynton Beach and the Town
of Ocean Ridge providing for cooperation between the parties
concerning the use of the Boynton Beach Oceanfront Park and the
parking facilities at the Ocean Ridge Town Hall
Commissioner Denahan requested that the Commission be provided with copies of both Resolutions and
the appraisal.
· Commissioner Denahan requested the addition of Item XII-B "Close out Procedure for Interviewing
and Hiring City Manager. The City Attorney would be prepared to provide a report.
· Vice Mayor Tillman requested the addition of Item X-D "Discussion on Public Meeting Procedures".
Mr. Sugerman reported the following:
1. On Friday, there was a sewer line collapse on IVleadows Drive and Cedar Drive. This collapse was
so deep that our equipment could not reach it. City crews worked with contractors after three quotes
were secured. The lowest quote was $55,500. Mr. Sugerman authorized that emergency expenditure
and it will be brought forth on the February 15th agenda for ratification by the Commission.
2. With regard to Pond "B'; staff learned that an adjacent property owner (strip shopping center)
has hazardous materials on their property coming from a former dry cleaner. The State of Florida has
has a pool of funds for these kinds of cleanups. The City is not liable for the cleanup, but if the contract
for Pond "B" is awarded, a barrier wall between our property and the dry cleaning property must be built
or we have to put in barrier wells for protection. The cost of this project could be upward of $200,000
and it is fully reimbursable from the State. The State will get the money from the polluter. The
paperwork will be provided at the next City Commission meeting.
3. MFT has requested a Special City Commission meeting on February 29th to accommodate
changes to the DR! for mixed-use development. This request will appear on the February 15th.
THE NEXT AGENDA PREVTEW CONFERENCE WAS SET FOR FEBRUARY :10T".*
AD3OURNMENT
There being no further business, the meeting properly adjourned at 5:40 p.m.
*FOLLOWTNG THE MEET~[NG, THE NEXT AGENDA PREV~[EW CONFERENCE
WAS RESCHEDULED FOR WEDNESDAY, FEBRUARY 9TM AT 5::L5 P.M.
MEETi'NG I4TNUTES
AGENDA PREVZEW CONFERENCE
BOYNTON BEACH, FLOP-~DA
3ANUARY 31, 2000
CITY OF BOYNTON BEACH
A-I-FEST
Mayor Pro Tern
erk
//' ~pu~¥ Clerk
'"'(Two Tapes)
Commissioner
Commissioner