Minutes 03-30-00 MINUTES OF THE AGENDA PREVIEW CONFERENCE
HELD IN CONFERENCE ROOM "B"~ CITY HALLf BOYNTON BEACH~ FLORIDA
ON THURSDAY~ MARCH 30f 2000 AT 4:30 P.M.
PRESENT
Gerald Broening, Mayor
Ronald Weiland, Vice Mayor
William Sherman, Mayor Pro Tem
Bruce Black, Commissioner
Charlie Fisher, Commissioner
Wilfred Hawkins, :Interim City Manager
James Cherof, City Attorney
Sue Kruse, City Clerk
CALL TO ORDER
Mr. Hawkins called the meeting to order at 4:30 p.m. and began the agenda review for the April 4th City
Commission meeting.
CONSENT AGENDA:
ITEM IV-B.3:
Award "FTRE STAT[ON #3 PARKING LOT AND DRIVEWAY EXPANS:[ON" and
appropriate additional funding from CTP funds in the amount of $11,263.23 B:[D
#031-2210-00/C]D to Florida Blacktop, :[nc., with a total expenditure of
$108,360.23 (PROPOSED RESOL U1XON NO. R O0= )
Fire Chief Bingham explained that this is a critical needs item that involves expanding the parking area
and the apron on the south end. The station was not designed properly. Even though there is a drive-
around, it cannot accommodate the larger vehicles.
ITEM IV-B.6:
Approve a piggyback for a LEASE OF A XEROX DC332SX NETWORK DTG:[-I-AL
MULTJFUNCT~ONAL DEV:[CE COP:[ER utilizing the Daytona Beach Community
College RFP #02268. The estimated annual expenditure is $6,024 (Base lease
cost of $378.36 per month which includes 7,000 copies and estimated 8,000
extra copies per month at $.0155 per copy.)
Fire Chief Bingham reported that the Fire Department was in the process of looking at scanners and FAX
machines. This machine is multifunctional and designed to handle the workload associated with training
in the EMS Division.
ITEM IV-C.5
Proposed Resolution No. R00- Re: Approving a Joint Participation
and Project Funding Agreement with Palm Beach County in the construction of
Boynton Beach Boulevard and Lawrence Road
Commissioner Fisher questioned whether this agreement included road widening. Mr. Hawkins said he
did not know what that would entail; however, the City of Boynton Beach has utilities within the right-of-
way. We receive updates on their road project schedule from time to time. The next update will be
distributed to the City Commission.
Mr. Hawkins requested that the City Clerk's Office contact the Palm Beach County Engineering
Department to secure a copy of the most recent update.
MEETING MINUTES
AGENDA PREVIEW CONFERENCE
BOYNTON BEACHf FLORIDA
MARCH 30, 2000
ITEM V - CITY MANAGER'S REPORT
Mr. Hawkins distributed updates to the Commissioners regarding Public Audience requests. Many of the
items require further follow up. However, staff contacted the person to report what the City intended to
do and advised them that the City would get back to them.
Mr. Hawkins also distributed an update regarding the activity that has been undertaken by the Police
Department in the Railroad Avenue area. Good progress and arrests have been made.
Chief Gage said the Police Department is working with the business owners and offered to do security
surveys. Some of the business owners are participating. There has been ongoing dialogue with many
of the owners. The Department will continue to give them high level service.
Commissioner Fisher requested that the Commission be advised in a month of the progress being made.
Chief Gage said he would forward a follow-up report to the Commission.
ITEM XI-B.2
Proposed Ordinance No. O00- Re: Amending Land Development
Regulations, Article TT, Chapter 21, Section 3. to allow billboards in public use
districts on property owned by the City and adjacent to T-95 as a conditional use
Attorney Cherof advised that this was a concept staff brought forward to the Commission approximately
four months ago. There are provisions of the Code that make billboards a prohibited type of sign in all
parts of the City. They are eliminated either by the five-year amortization period or if an empty piece of
property that has billboards is developed, they are required to arrange for the removal of the billboards.
That presents a potential conflict because the City supports redevelopment and development within the
City, but penalizes the property owner by taking away the revenue from billboards. The industry and
the property owners requested that the City allow space along T-95 for suitable replacement signs that
would generate an equal amount of revenue for the sign companies. Staff recommends doing this in a
restricted manner by controlling it through conditional use on City property. This Ordinance would result
in three available billboard sites along T-95 for a total of three signs.
Vice Mayor Weiland asked if the back-up material contained an agreement with figures. Attorney Cherof
responded negatively since this item would be negotiated. He is hopeful that a tentative agreement
would be ready prior to the Commission meeting.
Attorney Cherof reported that the sign companies are proposing signs with three faces that would
rotate. One face would be available for public information (pertaining to the City of Boynton Beach)
advertising.
ITEM X~-D.1
Accept agreed upon settlement with plaintiff in the amount of $30,000 in Case
Caridad Sarnovsky v. City of Boynton Beach
Attorney Cherof reported that this is a settlement of $30,000 based upon mediation. This case involved
a person who was sitting in her car when a tree limb fell, damaged her car and injured her.
Tn response to Commissioner Fisher, Attorney Cherof explained that outside counsel is used for these
cases. They estimate the verdict from between $75,000 to $100,000. Therefore, they believe this case
has merit. Attorney Cherof said the City acknowledged liability in this case.
MEE'I'~NG MINUTES
AGENDA PREVIEW CONFERENCE
BOYNTON BEACH~ FLOI~DA
MARCH 30~ 2000
ITEM XI-D.2
Review of bills from Slavin Management Consultants
Attorney Cherof reported that if the information provided by Finance is correct, initially the agreement
with Slavin was that the cost would not exceed $18,197.50. To date, $10,670 has been paid and there
are outstanding invoices of $12,998. That takes the total amount to more than $23,000 for this service.
Attorney Cherof recommended that the Commission table this issue on Tuesday evening if a more
detailed explanation is not provided by that time.
Commissioner Black recalled that Mr. Slavin was contracted to provide five candidates for City Manager.
He provided only four candidates and now wants to charge additional money.
Attorney Cherof explained that the contract was not that specific, but the agreement was to provide
appropriate candidates through discussion with the Commission. The Commission said they wanted five
candidates and a lesser number was provided. There may be some basis for discussion and negotiation
of these fees.
](III. OTHER:
· Mr. Hawkins added an item to the agenda regarding surety for Wal-Mart Excavation and Fill Permit.
· Commissioner Fisher requested a discussion of the marina project so that all of the Commissioners
have the same information. He would like all of the Commissioners to know:
The players;
2. The time lines involved;
3. The lawsuits
Attorney Cherof advised that there are three lawsuits pending over the marina project and a mediation
conference will be held on Monday that has been agreed to by all parties. Following the mediation, a
closed-door meeting would be appropriate and required under Florida Statutes to discuss this pending
litigation. The discussion would involve what is put on the table during the mediation.
Commissioner Fisher felt there would be a need for a two-part meeting. The first part would deal with
the results of the mediation and the second part would involve staff that could provide the Commission
with information about the project.
Attorney Cherof agreed that a workshop meeting could be held following the closed-door session and
there was a consensus of the Commission to move in that direction.
· Commissioner Black requested a status report on the Ocean Avenue Promenade project.
Quintus Greene, Director of Development advised that a meeting was held with FEC last week to resolve
some outstanding issues. Gee and Jenson is working up the final documents for the project. Staff
anticipates that we will be able to go out for bid next month. That bid will be on the street for
approximately 30 days and we could probably award a contract at the end of May. This will be a nine-
month project.
When Vice Mayor Weiland questioned whether incentives would be offered to get a quicker time frame,
Mr. Greene explained that this project would be somewhat difficult because traffic must be maintained
and we will be working with one traffic lane.
MEET'rNG M'rNUTES
AGENDA PREV?EW CONFERENCE
BOYNTON BEACH~ FLOR.I:DA
MARCH 30~ 2000
Commissioner Fisher requested that the business owners and residents be kept informed about this
project through some type of communications vehicle. Mr. Hawkins said newsletter updates and
meetings would be held with the community.
· Commissioner Black requested that "Boynton Beach" logo merchandise be offered for sale at City Hall
in the Mall and through the Chamber of Commerce.
Mr. Hawkins reported that the City's marketing team has begun research on promotional items for sale.
We will have City of Boynton Beach merchandise for sale in the future.
· Commissioner Black requested a status report on Pond "B".
Mr. Hawkins said work with clearing and demucking has begun on this project. We are approximately a
month behind schedule on the project,
· Commissioner Black reported that the handicap parking spaces at the Senior Center are located in
the parking lot. He questioned why they are not located across from the entrance on the south side.
Hr. Hawkins said he would investigate.
Commissioner Black reported on a meeting he had with the Skaggs family with respect to the marina
lawsuits. When he asked the Skaggs family what it would take for them to drop their lawsuits, their
response was:
Coming into compliance with current-day Codes - They want to bring the center
floor up a reasonable height, but don't want to raise it six or seven feet because
that would require rebuilding the entire structure. They want to be able to keep
the tropical atmosphere.
They want to be assured that whatever this Commission requires will remain the
requirements if a new Commission is seated.
With respect to the parking on Casa Loma Boulevard, they want to cut into the
curb for parking in two locations. They believe the cost would be $330,000 and
would like the City to participate in that cost.
When Commissioner Black contacted Mr. Garcia, he said that if the City Commission could settle these
three items, he would drop his lawsuit immediately.
Commissioner Black said he would like this issue resolved and he requested that an item be placed on the
agenda to discuss these issues.
Attorney Cherof reported that the City has heard most of what Mr. Skaggs reported to Commissioner
Black on numerous occasions. This information was presented during a meeting IVlayor Broening
facilitated with all of the parties. Mayor Broening agreed that the discussion always centers around three
items. Mayor Broening pointed out that the new item mentioned to Commissioner Black was the variance
for raising the floor height. However, there has always been language in the public discussions that
would allow this to happen. The lawsuit issues are:
MEETING MTNUTES
AGENDA PREVIEW CONFERENCE
BOYNTON BEACH~ FLORIDA
MARCH 30~ 2000
Access to the 30' strip;
Disruption during construction; and
Parking.
Mayor Broening pointed out that this is a private development and the City's role is to facilitate and
provide incentives.
Commissioner Black did not recommend that the City concede to all of the Skaggs' requests. However,
he wants to see this situation resolved.
Mayor Broening felt it was important to allow the court-ordered mediation to take place prior to the City
having any discussion on this subject. He feels the mediation might provide the definition the City needs
to enable us to facilitate this situation.
Commissioner Fisher said he would not want to lessen the impact the mediation could have by having a
public discussion on this issue. He is hopeful that staff could come up with a date for a workshop meeting
to bring all Commissioners up to date on this issue. Commissioner Fisher does not want this issue on the
agenda for Tuesday night's meeting. Mayor Broening and Mayor Pro Tern Sherman agreed that it should
not be on the agenda at this time.
Mr. Hawkins said staff would organize a workshop meeting next week.
Attorney Cherof recommended that the Commissioners review the Developer's Agreement since it
provides a great deal of information with respect to the timing of the project.
Mr. Hawkins requested that the City Clerk's Office provide the Commissioners with a copy of the
Developer's Agreement.
Mayor Broening pointed out that the City is getting into a budget process and in an effort to expand
the understanding of how the City gets its money and how it uses the money, he put together an
article for "Y/s/orz~, I,,'/'e~/.¢ a, qd ~'/z"y/Vet's". Diane Reese reviewed the article and did not express any
objection. Mayor Broening requested input from the Commissioners.
Commissioner Fisher confirmed with Mr. Hawkins that the proper procedure for addressing legal
issues would be to check with the City Attorney prior to addressing the issue.
X~V. AD3OURNMENT:
There being no further business to come before the Commission, the meeting properly adjourned at 5:35
p.m.
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MEETI'NG MTNUTES
AGENDA PREVt'EW CONFERENCE
BOYNTON BEACH, FLOI~DA
MARCH 30, 2000
A~E~:
CITY OF BOYNTON BEACH
Mayor Pro Tem
Commissioner
Commissioner
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