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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