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Minutes 01-13-00 (2) MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD TN CONFERENCE ROOM "B"~ CITY HALL, BOYNTON BEACH, FLOR/DA ON THURSDAY, 3ANUARY 13, 2000 AT 4:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tern Ron Weiland, Commissioner Nellie Denahan, Commissioner Wilfred Hawkins, Interim City Manager ]ames Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mr. Hawkins called the meeting to order at 4:35 and began reviewing the agenda for the January 18th City Commission meeting. Item III-A.3 - Fluoridation Public Hearing - Wednesday, 3anuary 26, 2000 6:00 p.m. in Commission Chambers Mayor Broening will reiterate the ground rules for this workshop. Mr. Hawkins requested that Sue Kruse redistribute the advertisement that indicates the ground rules. Item IV-B.3 - Approve the piggyback of Palm Beach County Bid #2000071 to Ranger Construction Industries, Inc. for the resurfacing of select City streets with an estimated expenditure of $163,044 Mayor Broening requested that the word "select" be changed to certain. Item IV-C.3 - Proposed Resolution No. R00-08 Re: the appointment of Peter Wallace as Director Technology Services Confirming of Information IVlr. Hawkins advised that an exhibit would be added to the backup for this agenda item. Item IV-D.1 - Ratification of Planning & Development Board action: Re: Berry Veal (1421 Neptune Drive) - Request to amend the M-1 zoning district regulations, Sections 8.A.3.a(5) and 8.A.4.e to allow as a conditional use the cutting of sub-primal portions of meat and pre-cut poultry into serving portions, including packaging and shipping and to clarify the list of prohibited uses This item will be removed from the Final Draft Agenda since it was postponed at the Planning & Development Board meeting until January 25th. This item was not advertised for the City Commission and will be removed from the Commission Agenda for January 18th, Item VII-A - Kenmont - Request for abandonment of that alley segment that abuts 707 NW 3rd Street -r~his item was tabled because the applicant did not believe there were utility lines in the alley. There are very active gravity sewer lines in this alley and the Planning & Development Board voted 6-1 to deny the abandonment. Mr. Sugerman requested that the Commission follow suit. MEETI'NG MTNUTES AGENDA PREVt'EW CONFERENCE BOYNTON BEACHf FLORZDA 3ANUARY 13f 2000 Item X-B - Request for funding from Boynton Beach Faith Based Community Development Corporation Mr. Hawkins advised that this is a new development corporation that was recently organized. They presented their incorporation papers and submitted an application for their tax-exempt status. During the review, it was determined that there was backup information missing that stated the specific request. Mr. Hawkins advised that there was a letter requesting funding and a copy of their budget. That' information will be forwarded to the City Commission. IVlr. Hawkins recalled that their request was for $5,000. Their plan is to help the elderly fix up their homes. They are also working with L:[SC for funding support. Ttem X/-B.1- Proposed Ordinance No. O00-02 Re: Amending the Sign Code with respect to relocating billboards to locations along T- 95 Attorney Cherof advised that this Ordinance on first reading would not be ready until the first meeting in February. Staff met with representatives of the sign companies today and there is insufficient detail to move forward with this Ordinance on January 18th. Ttem XT-D.1 -- Presentation by Kilday & Associates regarding modifications to the Stipulation/Settlement Agreement and Declaration of Covenants/Restrictions affecting Alhambra Square North Attorney Cherof advised that this is an Alhambra Square Walgreens proposal for the northeast corner of Golf Road and Congress Avenue. The developer entered into a Settlement Agreement of litigation with the City and the restriction was that the property would be developed as Office/Commercial. They attempted to put a Walgreens on the site once before and the City challenged it. The City would have allowed a pharmacy, but staff did not consider Walgreens (a drugstore/convenience/general retail store) a pharmacy. This is their attempt to have the Commission voluntarily consent to this use on the property by amendment of the Settlement Agreement. They intend to make a presentation. They had a long on- site visit with residents of Boynton Leisureville who now support the proposal. They made a commitment to the Leisureville residents to incorporate deed restrictions on the property so that if this did not go forward as a Walgreens, it would revert back to the way it is now treated. Attorney Cherof advised that this would be legal if the Commission agrees to an amendment to the Settlement Agreement. The court would issue a Court Order. Attorney Cherof advised that the deed restriction would not run in favor of the City. He would not anticipate the City ever taking action to enforce the deed restriction. We would be at the discretion of the Leisureville community for enforcement. Attorney Cherof advised that the Leisureville community has flip-flopped on this issue a number of times and the reason the City challenged the last proposed amendment was because of pressure from Leisureville. Attorney Cherof advised that the residents of Silverlake Estates were also vehemently opposed to the construction of a Walgreens at this location because they felt the use was too intensive. Attorney Cherof advised that the Commission could consider their proposal on the spot or take it under advisement. MEETTNG MZNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLOI~DA 3ANUARY 13, 2000 Item XII-B - Report by Commissioner Ron Weiland regarding negotiations with the County Commissioner Weiland reported that he met with County Commissioner Mary McCarty. The $2.6 million has been allotted for the two projects. A timeframe of 18 months was developed to complete the renovation of Boat Club Park. That figure has been increased from $750,000 to $900,000. The remaining money that would have been used for Project "B" will be left on the table and will be negotiable at a later date. That money will remain on the table until a better idea comes forward. Commissioner Weiland advised that if the costs for Boat Club Park go over $900,000, we would be able to get more money. The remaining money is negotiable if we decide to do something with Tntracoastal Park. When a question was raised about Morey's, Commissioner Weiland responded that there had been no discussion on that subject. Mr. Hawkins said staff would provide a report on that issue. ADDTTZONAL AGENDA TTEMS: Commissioner Weiland discussed the fact that beach decals cost City residents $10 and County residents pay $50. Ocean Ridge residents are paying $10. County residents have contacted him for an explanation regarding why they pay a higher fee than Ocean Ridge residents do. Commissioner Weiland feels this is unfair to County residents. He does not believe the City should lower the fee for County residents, but would like to discuss increasing the cost of the decal for Ocean Ridge. Commissioner Denahan recommended that Commissioner Weiland discuss this issue with Mr. Wildner before adding it to the agenda because we have good working relationships with Ocean Ridge at the present time. Police Chief Gage also reported that Ocean Ridge provides Police services at the beach. The City of Boynton Beach does not routinely patrol the area and it is in their jurisdiction. Commissioner Weiland asked that the record reflect the fact that he had no intention of trying to ruin the real estate deal with Ocean Ridge, but felt it needs to be fine tuned at the Commission level through discussion. This is a business deal that would benefit Boynton Beach more than the present deal that is on the table. Commissioner Weiland reported that we have an agreed-to offer of $270,000 for the land. That is 10% higher than the appraised value. The last time we talked to Ocean Ridge before we entered negotiations, they talked about taking this land by eminent domain. :If they moved forward with eminent domain, it would cost Ocean Ridge a great deal more than $270,000. The proceedings would probably cost $400,000. Commissioner Weiland suggests that the City of Boynton Beach ask them for $335,000 as the cash value for the land. Tf they moved forward with eminent domain, the City would not benefit because they would be paying that money to the courts and to attorneys. Commissioner Weiland feels we should attempt to get the additional $65,000 and Ocean Ridge would still be saving between $65,000 to $70,000. Commissioner Weiland pointed out that the Town of Ocean Ridge owns a piece of property on Woolbright Road and AIA and they own the center parcel between our two pieces of property. :If we sell them our two pieces of property, that would give them three pieces of property on A1A. This is a very valuable MEETTNG MI'NUTES AGENDA PREVI'EW CONFERENCE BOYNTON BEACH~ FLOI~DA 3ANUARY 13~ 2000 jewel that they could sell to a developer if they decided to relocate their Town Hall to Woolbright Road and AIA. Tn such a case, Commissioner Weiland feels that the City of Boynton Beach should have the right of first refusal to take this property back. These are issues the City must consider. With respect to the Tnterlocal Agreement, Commissioner Weiland feels it must be more solid. With :[80 days' notice, either party has the right to cancel. Tn :[80 days from the date the contract is signed, the City may not have parking in that location. Commissioner Weiland feels the residents of Boynton Beach need protection to ensure that parking will be available for :[0 or 15 years. Mayor Broening was of the opinion that the Commission was in agreement to accept market value for the land, access for parking and the ability to do special events. Vice Mayor Tillman was of the same opinion. He feels that going back on this agreement would not make the City of Boynton Beach look good. He feels it is Ocean Ridge's business to do with the property what they want. We entered the agreement after this Commission discussed what it wanted for the City, Commissioner Weiland pointed out that if he were on the dissenting side of the vote on this issue, he would not have been able to bring this issue back for reconsideration. He was not in support of this from the beginning and did not have time to prepare for it. He pointed out that he had to be on the prevailing side of the vote so that he could look into the issue and bring it back for reconsideration. Attorney Cherof explained that real estate negotiations never stop until the deeds are signed and sent to the Clerk's Office for recording. Ocean Ridge might not have thought about what would happen if they ceased using the property for governmental purposes in the future. They made a commitment that the City of Boynton Beach would share in that governmental use through parking. They may not have thought about what would happen if they decided to relocate their Town Hall. Attorney Cherof said he wouldn't be surprised if the first issue was a subject matter that they might be prepared to incorporate a reversion clause into the deed. That would not foul the intent of the transaction and could improve the deal because it would ensure a positive purchase, a willing and able buyer and solves the Commission's concerns that the future would not produce a housing development with apartments. Attorney Cherof felt it would be appropriate for the City Manager to continue to talk to the Manager of Ocean Ridge about this issue. Commissioner Weiland said he is in favor of selling the property. However, he wants to fine-tune the deal and protect the citizens of Boynton Beach. Commissioner Weiland requested that these two issues be added to the agenda under Unfinished Business. Commissioner Weiland said he has sat on the dais since the Commission met with Lance DeHaven- Smith where agreement was reached to follow Robert's Rules. Tt was agreed that no items would be pulled off the agenda. He questioned why "Additions, Deletions, Corrections" remains on the agenda in its current location. Attorney Cherof advised that the "Additions" item might be worthy of discussion. However, with regard to "Deletions", there are occasions when a developer, builder or someone with an application for abandonment withdraws prior to the day of the meeting. Those items should be deleted up-front if they are not going to be discussed. MEETTNG M:[NUTES AGENDA PREVTEW CONFERENCE BOYNTON BEACH~ FLORIDA 3ANUARY 13~ 2000 The "Corrections" item is a cleanup item that assists the Clerk in the case where there is an improper reference to a legal description or the name of an applicant. Robert's Rules allows "Additions" to the agenda right up to the last minute or during the meeting. However, this Commission has agreed to modify that right. There has been no formal adoption of a modification of Robert's Rules that allows some flexibility, but it would be against the spirit of the Commission agreement on governing the agenda. Mayor Broening feels that a time could present itself when there might be an overriding piece of information or issue that would have to be added to the agenda. Mayor Broening pointed out that there was agreement among the Commissioners on this issue and that agreement has not been violated. Attorney Cherof feels the informal rule not to add items at the last minute is a good one because it surprises the Commissioners as well as the public. The public then has the perception that there are things going on that they are not a party to. There are emergency issues that could arise that would require quick Commission approval. Attorney Cherof felt it was okay to keep "Additions" on the agenda. Mayor Broening said he and Sue Kruse attended a citizens meeting at Galaxy School related to the fine for late arrivals at the Cemetery. There was a feeling in the Black community that they did not have sufficient notice and no real opportunity to speak on the subject. This is a public relations problem for the City and Mayor Broening expects that a large number of citizens will be present to speak at Public Audience on .lanuary :L8th. Commissioner Weiland pointed out that it is the funeral director's responsibility to run the funeral. They need to know what church they are going to, how big the funeral will be and they need to appropriate the right amount of time. Mayor Broening feels we have an opportunity to alleviate some of these fears because what was done did not have a great deal of definition. He would like to ask the Cemetery Board to come back to the City Commission with some firm rules of engagement on how this would be applied. The impression is that it is going to affect everyone in the Black community when, in fact, only 5% of last year's burials were from the Black community. Vice Mayor Tillman explained that the method of communication is key in this case, People have a hard time grasping something that they feel is being directed toward them, This situation requires a fact sheet on responsibilities regarding the costs the City is incurring and directives toward the funeral directors. The City needs to express to the funeral directors that it is their responsibility to inform their clients about this situation. Mayor Broening suggested that the Commission direct the Cemetery Board to come up with recommendations. The City Manager will address this issue under City Manager's Report. AD3OURNMENT There being no further business, the meeting properly adjourned at 5:40 p.m. MEET'LNG MZNUTES AGENDA PREV']:EW CONFERENCE BOYNTON BEACH,, FLOR.I:DA 3ANUARY :!.3~, 2000 c~'r'Y OF BOYNTON BEACH A~E~ Mayor Pro Tem Commissioner Commissioner 6