Minutes 08-29-02hiNUTES OF THE AGENDA PREVZEW CONFERENCE
HELD TN CONFERENCE ROOIq B, cI'rY HALL,
BOYNTON BEACH, FLORIDA
ON THURSDAY~ AUGUST 29~ 2002 AT 4:00 P.M.
Present
Ron Weiland, Vice Mayor
Charlie Fisher, Commissioner
Mack McCray, Commissioner
Absent
Gerald Broening, Mayor
Nike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
City Manager Bressner began the agenda review at 4 p.m. He informed the Commission that
he spoke to Mayor Broening a short time ago and he is hoping to be discharged from the
hospital today. The Mayor plans to be present for a part of the September 3r~ Commission
meeting. However, if he cannot attend, there are Attorney Generals' Opinions that allow for
electronic participation based on medical necessity. Therefore, it would be possible to set up a
telephone link with Mayor Broening. The Mayor had requested that after the Public Hearing on
the budget, the resolutions and ordinance relative to the budget be moved up. Tt was the
consensus of the Commission to do so.
City Manager Bressner explained that Bethesda Hospital has requested postponement of their
two items scheduled for first reading of ordinances. City Attorney Cherof stated that the target
date would be the first Commission meeting in October.
:It was announced that the presentation to the Senior Little League team will be at the
Commission meeting on September 17th.
VZ.A. The Harbors (LUAR 02-005)
('TABLED TO CRA MEE7TAfG OF SEPTEMBER .~0, 2002,)
This item will need to be tabled to the meeting of September 17th.
VTZ. B.1. Award the bid for "THE CONSTRUCTION OF ZNTRACOASTAL PARK," Bid
#048-2413-02/C1D, to MCTEAG~U~E CONSTRUCTION COMPANY, TNC. of Stuart~
Florida, in the amount of $1,943,..0 (Proposed Resolution No. R02-136) ('TABLED
OAf AUGUST 20~ 2002)
City Manager Bressner explained that the City met with representatives of the Iow bidder and
they are in the process of forwarding documentation to us regarding their qualifications for
doing the job. They have taken issue with some of the references that were provided. He does
not know whether staff will have reviewed this by the September 3ru meeting.
City Attorney Cherof explained that the standard practice is that the Commission would look at
the research and recommendation provided by staff and then make an award. The second
phase would be the bid protest procedure. Ordinarily, this type of submission happens in the
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second phase of the process. Ultimately, it could come back to the City Commission through
the bid protest procedure. What is happening now is that the bid protest procedure is being
commingled with the Commission disposition of the bid. It might be better to go back to the
standard practice, which is to look at what staff is recommending and make the award and then
let the bid protest procedure take place.
City Manager Bressner will ask staff whether their recommendation remains the same. It will
be presented to the Commission either as going with staff's original recommendation or as
tabling.
Assistant City Manager Sugerman stated that there is an established procedure for contractors
to protest bids. He suggested that the Commission award the bid if they agree with staff's
recommendation and then let the contractor make a bid protest.
VTT.C.3. Proposed Resolution Re: Tncreasing permit fees at the Tennis
Center for fiscal year 2002/03, and creating a trust account into which the
additional revenue can be diverted and used for capital improvement projects at the
facility
It was pointed out that there is data showing that a substantial amount of users of that facility
are non-residents of the City. The City wants to establish some revenue streams to cover
future costs for the Tennis Center.
VZZ.D. 1. Woolbright Plaza (:ZNCV 02-009), SW Corner of Woolbright Road and
Congress Avenue - Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape
buffer along the north, approximately 277 feet of the western property line, in lieu
of the required six foot high masonry buffer wall required by code, where a
commercial and/or industrial district abuts a residential district
(~uintus Greene, Director of Development, explained that the Code requires a 6' high masonry
buffer wall between commercial and residential uses. The applicant is requesting landscaping
instead because there are underground utilities there. A buffer wall is considered a structure
and cannot go in an easement. The Planning & Development Board denied their request.
VIZ. D.2. (~uantum Park and Village South (SBMP 02-001) (PTD Master Site
Plan), South of Gateway, West of High Ridge Road (:Lots 62-67B and Lot 100) -
Request for Master Site Plan Approval for 132,032 square feet of retail/office use
and 234 rental apartments on 25.9 acres in the (~uantum Park DRZ
Vice Mayor Weiland questioned whether the 234 rental apartments are part of the original
1,000 units approved and was told that they were.
VIII.A. Brief presentation on the Palm Beach County Ordinance which
prohibits landscape irrigation between the hours of 9:00 a.m. and 5:00 p.~n. in an
effort to promote water conservation
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City Manager Bressner explained the reason for this
notification of this proposed ordinance.
County.
Auqust 29, 200;
item was to provide some public
Staff would prefer to have the same standards as the
New Business
City Manager Bressner distributed an agenda request regarding community investment funds
and stated that this item will be listed under New Business. He asked the Commissioners to
review the figures, which could be modified before the meeting on September 3rd.
XZI. B.1. Proposed Ordinance Re: Amending the Comprehensive Plan
Future Land Use Map for a 1.43-acre parcel from Low Density Residential (LDR) to
Public and Private Government/Institutional (Bethesda Memorial Hospital Physician
Parking)
XII. B.2. Proposed Ordinance Re: Rezoning a 1.43-acre parcel from R-l-
AA (Single Family Residential-5.40 du/ac) to PU (Public Usage) (Bethesda Memorial
Hospital Physician Parking)
The Clerk's office was asked to remove items XII.B.1 and XII.B.2 from the agenda. They will be
placed on the October ist agenda. It was requested that staff notifi/the property owners in the
Chapel Hill area that these items were removed.
XII. B.5. Proposed Ordinance Re: Adopting a Final Budget for the Fiscal
Year beginning October 1, 2002 and ending September 30, 2003
XII.C.1. Proposed Resolution Re: Adopting a Proposed Millage Rate for
the City's General Operating Fund for the Fiscal Year beginning October 1, 2002 and
ending September 30, 2003
XII.C.2. Proposed Resolution Re: Adopting a Tentative Budget for the
Fiscal Year beginning October 1, 2002 and ending September 30, 2003
City Manager Bressner noted that there are two versions of the two resolutions and one
ordinance regarding the budget. The Commission will need to make a policy decision on which
tax rate they are going to select. Items XII.B.5, XII.C.1 and XII.C.2 will be moved to the
Special Meeting on September 3rd at 6 p.m.
When asked whether Mayor Broening could actually vote by telephone on agenda items if he is
not physically in attendance at the meeting, the answer was affirmative. City Attorney Cherof
then explained that the resolution (regarding attendance at Commission meetings by e/ectronic
media techno/ogy)that went before the Commission previously was to set a clear policy
describing how it would be conducted. Most of it dealt with how staff would assist in
accommodating that.
XZI. D.2. Request for closed door session regarding Boynton Beach Apartments
Associates, Ltd. vs. City of Boynton Beach, Case No. CA 02-6174 AD
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City Attorney Cherof explained that this is a case where they are challenging the interim service
fee that the City formerly collected. The City no longer collects these fees. The fee was for
properties that were completed and C.O.'d but did not get onto the tax roll. It was a way of
collecting in anticipation of what the cost would be of carrying that property for the balance of
the year until it was on the tax roll. The Supreme Court ruled a couple of years ago that those
kinds of fees were an improper tax. This suit is to recover fees that were collected before the
Supreme Court ruling and the suit is being filed now because the statute of limitations on filing
this kind of lawsuit is coming to an end. City Attorney Cherof said that no one else has filed a
suit.
Other
City Manager Bressner distributed Commission follow-up from the August 20th meeting; a
memorandum from Dan DeCarlo regarding the Qufu delegation, and a letter from Bethesda
Hospital requesting the postponement of the ordinances.
Vice Mayor Weiland thought the Commission should discuss whether the City wanted to put the
City lobbyist position out for RFP's. The current Tallahassee lobbyist's contract renews
automatically in November unless they receive written notice 30 days prior. The Commission
may want to wait for a discussion on this issue until there is a full Commission present. City
Manager Bressner said that the contract date is November 8th and he will have a report ready
for the Commission for the first meeting in October. He requested that this item be added to
Future Agenda Items for October I~ - Review of Professional Services Contract between City
and Smith, Ballard and Logan, P.A.
There being no further business to be discussed, the Agenda Preview meeting properly
adjourned at 4:40 p.m.
A'I-I'EST:
(one tape)
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