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Minutes 03-16-00 MI'NUTES OF THE AGENDA PREVIEW CONFERENCE HELD TN CONFERENCE ROOM "B"~ CI'TY HALL~ BOYNTON BEACH~ FLORZDA ON THURSDAY~ MARCH 16~ 2000 AT 4:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Charlie Fisher, Commissioner Wilfred Hawkins, Interim City Manager Nicholas Igwe, Assistant City Attorney Sue Kruse, City Clerk CALL TO ORDER Mr. Hawkins called the meeting to order at 4:40 p.m. and began reviewing the Final Draft Agenda. ZV. CONSENT AGENDA: Approve open burning of piles of vegetation within the scope of Fire Rescue requirements Mr. Hawkins explained that our Code does not permit opening burning of vegetation. Therefore, the item is being presented to the Commission for consideration. Chief Bingham said the Fire Department will perform a test burn first and then will monitor the burn. If there is smoke infiltration into the surrounding community or if the vegetation burns slower than anticipated, the Fire Department will require air incineration. Mr. Sugerman suggested that this item title be changed to include the location of this open burn. He further suggested that consideration be given to the granting of a permit rather than approving the open burning of vegetation. Mr. Hawkins recommended that Chief Bingham and the City Attorney meet to review this issue. Mr. Sugerman advised the Commission that an acceptable response to this request might be "no". V. CZTY MANAGER'S REPORT: Mr. Hawkins reported that in response to a Commission request with respect to landscaping regulation review, he asked Planning & Zoning to put together a project schedule and ideas about what the review would entail. Mr. Hawkins feels the project schedule is reasonable based on other work staff is doing. Vice Mayor Weiland requested that the Commission be provided with a copy of the current minimum landscaping requirements by Monday. V']:]:. PUBLTC HEARZNG: Public Hearing for a Development Order Amendment and Zoning Code Text Change for Quantum Park at Boynton Beach At Mr. Hawkins' request, Mr. Greene will provide back-up information related to this item. MEETTNG MINUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORIDA MARCH 16, 2000 X~. LEGAL: B. Ordinances - Ist Reading Proposed Ordinance No. O00- Re: Amending Chapter 9, Article IV, Section 9-51 of the City of Boynton Beach Code of Ordinances by creating a new subsection (e) to provide that reasonable and proper fees are established for Fire Rescue Services in the absence of a Mutual Aid or Interlocal Agreement Chief Bingham advised that the only relationship this item has to Ocean Ridge is that Ocean Ridge would be able to call on the City of Boynton Beach for assistance just like any other agency that has an agreement with someone other than Boynton Beach. According to the present Code, the City of Boynton Beach cannot respond unless an agreement is in place. We have Interlocal Agreements with Palm Beach County, Boca Raton and Delray Beach, and we have regular contract services to the Village of Golf and the Town of Hypoluxo. C. Resolutions: Proposed Resolution No. RO0- Re: Amending our Interlocal Agreement with Palm Beach County for Boat Club Park improvements and Tntracoastal Waterway Park improvements according to the plan previously negotiated by Vice Mayor Weiland Vice Mayor Weiland requested that the wording of this item be changed to remove the words, "according to the plan previously negotiated by Vice Mayor Weiland". He questioned whether the title of the item should be changed entirely to exclude any reference to Tntracoastal Waterway Park Tmprovements since we are accepting only $900,000 for Boat Club Park improvements. 3ohn Wildner, Parks Director, explained that the original agreement title included both Boat Club Park and Tntracoastal Waterway Park improvements. Since this is an amendment, the title had to include both Parks. Mr. Wildner reported that the bid packet was completed, but because of the delay, the bid requirements will have to be adjusted and there is no estimate at this time regarding when this item will go out for bids. D, Other Recreation impact fee for the Manatee Bay development in the amount of $229,865 Appeal of administrative decision Establishment of fee Mr. Hawkins advised that this is a motion to approve a staff recommendation regarding the recreation impact fee for the Manatee Bay project on North Federal Highway. The City is requesting that the developer pay a fee of $229,865. However, the developer first said the fee should be $148,059. However, the developer submitted a second proposal whereby he would pay $159,721. That is a difference of $70,244. The issue is that there is submerged land amounting to 6.1 acres. Staff believes that land is of no substantial value. However, that submerged land is calculated into the amount of land that is applicable. MEET'rNG MTNUTES AGENDA PREV]:EW CONFERENCE BOYNTON BEACH, FLORIDA MARCH 16, 2000 This land is on the Intracoastal Waterway. The City asked the developer to submit an appraisal for the submerged land. However, that appraisal has not yet been submitted. Mr. Wildner explained that the developer submitted an appraisal for the entire 16-acre parcel including the submerged land. They do not want to provide an appraisal for the submerged lands because they know the value will be much lower. Tt is staff's contention that the fee should be figured on the basis of only the buildable land. The basis for the fee is that the money would be used to buy similar land in the same area to build a park. :In actuality, we use that money to develop a park close by rather than try to buy the land. Commissioner Black asked for clarification of when the City asks for the money. Mr. Wildner advised that the City requests the money at the time of plat. :In this case, there was no plat and that is part of the reason why this took so long. There is no plat requirement for rental property. Commissioner Black asked if the Commission could direct staff to change the process to require the payment of fees to master planning rather than at the time of platting. Mr. Hawkins explained that Commissioner Black was referring to revisiting a land regulation issue. At some point in time, we may want to do that. However, the Commission has several options on this issue. There are several numbers on the table. The Commission could select one of those numbers or request that staff talks with the developer about another number. Attorney :[gwe explained that the developer would have to comply with our Code. :~f the Commission votes on a certain figure, even if they open for business, the City could place a lien on the property if they don't pay the fee. Mr. Wildner said his understanding of the issue is Certificates of Occupancy couldn't be held up for non- building related issues. Mr. Wildner advised that a wooden dock exists on this property that is part of their recreation package. Therefore, the developer is already utilizing the submerged land to a minimum degree. Mayor Broening said the issue of submerged lands has been one of contention at Yachtsmans Cove for years and it has pushed up the value of properties. The value of properties without submerged land has decreased. Vice Mayor Weiland pointed out that Olen would be developing Quantum Park. the City would want to get into a battle with that developer at this point. requested a position on the agenda for the purpose of discussing this issue. compelling argument for the lower figure. He questioned whether Mr. Wildner said Olen They feel they have a XZT. UNFINZSHED BUSINESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round I]::[ Core Grant Program ~/'~!~'£~Z7~) Dale Sugerman, Assistant City Manager, advised that staff's recommendation for this item is that the Commission remove it from the table and deny the application since ]:nvestments, Ltd. has been generally uncooperative in restricting the types of businesses they will allow in the plaza. B. Discussion on Ocean Ridge Response to Land Sale and Purchase MEETZNG MTNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLOI~TDA MARCH 16, 2000 Mr. Hawkins advised that Attorney Cherof is requesting that the Commission provide authorization for himself and Mr. Hawkins to close out this matter with the Commission's direction regarding the City's position. Commissioner Fisher asked how real the possibility of eminent domain is from Ocean Ridge's perspective, Attorney Tgwe said it is a very real possibility because they would be taking the property for public use, Vice Mayor Weiland disagreed and advised that he met with Henderson Tillman earlier in the day to discuss this issue, Vice Mayor Weiland urged the Commissioners to discuss this issue with Mr, Tillman, Mr. Hawkins advised that it is important for the Commission to determine its position on this issue. Ocean Ridge has presented its position. We must assess that and determine where this City wants to go. Once that is done, staff is requesting that the Commission allow two administrative people to move forward. When Commissioner Black asked whether or not we have a signed Interlocal Agreement with Ocean Ridge, Vice Mayor Weiland responded affirmatively and Mr. Hawkins responded negatively. Vice Mayor Weiland clarified that Ocean Ridge has a formal signed document for the Interlocal Agreement, but not for the land sale. XIII. OTHER: Utility Rate Study Mr, Sugerman distributed the Final Draft Report on the Utility Rate Study, Mr, Sugerman recommended that the Commission set a workshop meeting for the second week in April when he will make a presentation., A workshop meeting will be conducted to review the Rate Study Report including various technologies. · Zndustrial Avenue & Costa Bella Proposals Mr, Sugerman requested that each Commissioner take copies of the Tndustrial Avenue and Costa Bella engineering proposals for review, Engineering firms for the design of these two projects submitted these proposals, He reminded the Commissioners that staff was asked to allow the Commission to select an engineer. Fourteen proposals from nine firms were submitted for the two projects, Mr, Sugerman also submitted a cover memorandum that explains the options available to the Commission, Mr. Sugerman explained that the Commission would have to listen to presentations from engineering firms and make a decision regarding which firm has the best qualifications to do the work. After reviewing the documents, the Commissioners could shortlist the group to three or four firms. However, a public process must take place. The documents are not bids. They do not contain dollar amounts. They are based on qualifications. The Commission selects an engineering firm to design the work based upon their qualifications. Mayor Broening expressed concern about the competency of civilians selecting the best person. Mr. Sugerman explained that the firms would present their professional qualifications. These proposals are resumes. The Commissioners must review the proposals and rank them. That ranking must be turned in and announced publicly. A shortlist will be developed and the firms that make the shortlist would be invited to make presentations. Once a firm is selected, negotiations for price would begin. 4 MEE'~NG MZNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH~ FLORIDA MARCH 16~ 2000 Vice Mayor Weiland explained that it was his intention to open this process to other bidders in an effort to get a lower price. If the City enters into negotiations with one firm, we will be in the same position as we were with CDM. Mr. Sugerman advised that if the price of the Number i firm is too high, we would go to the Number 2 firm. Vice Mayor Weiland reiterated that he was of the opinion that the City would receive five or ten prices that could be compared to CDM. Mr. Sugerman said that when selecting a firm, it must be done by qualifications - not Iow-ball price. Vice Mayor Weiland questioned whether it would be possible to keep the numbers suppressed when negotiating so as not to give the second and third people an advantage. Attorney :[gwe was not certain, but felt that an exemption from the Sunshine Law might exist to prevent the second person from undercutting the first person. Mr. Sugerman said staff would investigate suppressing the dollar amount. The Commission agreed that this project should be addressed "sooner" rather than "later". · Community Redevelopment Aqency (CRA) Commissioner Black said he has not seen a great deal of movement on the issue of the CRA for many years. He would like Quintus Greene to select the staff to comprise an independent CRA that could report back to the Commission. Commissioner Black would like the Commission to get out of the CRA business. There was a consensus of the Commission that an item should be added to the agenda for discussion about adding two members to the Community Redevelopment Agency and directing Mr. Greene to develop a process to add these members. Mr. Hawkins advised that the previous Commission discussed criteria for adding people to the Community Redevelopment Agency. Mr. Greene should review those criteria. Vice Mayor Weiland pointed out that if one of the five Commissioners decided to exclude themselves from the CRA, it would open up another seat. Then, instead of adding only two additional people, there could be more members added. · Newspaper Article Vice Mayor Weiland referred to a newspaper article he read this morning regarding Mack McCray's feeling that the minority community would not be represented because there is no minority on the Commission. Vice Mayor Weiland feels this Commission should take an extra step to show that they will be represented. This could be accomplished by making sure a Commissioner attends the Community Forums. Vice Mayor Weiland said he has worked with people in all districts and this might be the proper time to develop a policy regarding having at least one Commissioner at various community meetings. Mayor Broening felt this was an area that should be handled by Wayne Segal. Commissioner Fisher said the issue of rotation came up during the campaign. He agreed that Commissioners should take turns and get out where the people area. Mr. Hawkins said some Commissions in other municipalities call community meetings and take the City Commission meetings "on the road". Hester Center and/or the Woman's Club could be used for these meetings. MEETZNG MTNUTES AGENDA PREV/EW CONFERENCE BOYNTON BEACH, FLOI~TDA MARCH 16, 2000 Vice Mayor Weiland requested that Mr. Hawkins expound on the purpose of the Agenda Preview Conference. Mr. Hawkins said the purpose of the Agenda Preview Conference is for an exchange of information to deal with issues on the agenda. It provides an opportunity to bring items forward and gives staff an opportunity to explain the agenda items. This Conference is a time for Commissioners to ask questions. During this Conference, the Commission could request the addition of agenda items. Mr. Hawkins reminded the Commissioners to be careful not to indicate the philosophy that might indicate their vote. · Workshop for City Commissioners Commissioner Fisher requested that a workshop meeting be planned for the Commission to sit down and develop goals for the next year. Mr. Hawkins said a strategic planning session would be timely with the new City Manager coming on board. · Discussion on Speaker's Cards Commissioner Fisher requested that an item be added to the agenda regarding the cards for speakers. Mayor Broening advised that the Commissioners receive a report from the City that pertains to everyone who asked a question. Some of the responses are given immediately and some are done a day or two later. The audience may not have an appreciation of that. Mayor Broening explained that the meeting is not a Town Meeting. Tt is a legislative event that has a Public Audience component. That public audience component does not have to be included. There are very few things on the agenda that require any input from the audience. Commissioner Fisher felt this raised a question about management style and how to run a meeting. Mayor Broening responded that the Commission follows Robert's Rules of Order. Commissioner Fisher recommended including a discussion on the agenda to decide if this is a practice the new management team wants to continue with through the next year. Mayor Broening advised that Commissioner Fisher was free to add the item to the agenda for discussion. Commissioner Black pointed out that when the process was instituted, it was introduced as a "trial basis" to see how it would work. He feels it is too soon to revisit the issue and believes that people will adjust to it. Commissioner Fisher questioned whether or not the implementation of this process was related to using the cards as recording vehicles. Vice Mayor Weiland explained that the public wants answers to their questions, but if the Commission responds with an answer the public doesn't like, an argument will ensue. Mayor Broening added that 99% of the questions do not have anything to do with the Commissioners' jobs. The questions relate to operations and the Commissioners are not operators. Mayor Broening suggested posting a report at the back of the Chambers. However, Commissioner Black felt no one would read it. MEETZNG M~NUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLOI~DA MARCH 16, 2000 Commissioner Black explained that when Mr. Hawkins reports at a meeting that he responded to previous questions, it is proof that the City is overcoming the Number 1 objection. Commissioner Fisher recommended that the amount of time people have to fill out the card should be extended since everyone cannot be present by 6:30 p.m. to meet the deadline, Mayor Broening said he has been extending the time limit., Commissioner Fisher feels this program needs to be sold differently and recommended that it be explained again. Mr. Hawkins advised that using the cards makes people think about what they're going to say before they say it; it creates a record so that the City can respond, and it is a point of order. When a town meeting is held, people are free to go to the podium and say whatever they want. · Security System Commissioner Fisher advised that Chuck Magazine told him that the security system in the Lobby would not be installed until the Lobby is expanded. Mr. Hawkins disagreed, He explained that there was discussion about expanding the Telephone Receptionist's area, but we do not have to wait until that is accomplished to activate the security system. X~V. AD3OURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 6:45 p.m. A~E~: City~lerk ~ ur tY City Clerk Tapes) Vice Mayor Mayor Pro Tem