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Minutes 03-11-05MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, MARCH 11, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Absent: Carl McKoy, Commissioner I. Call to Order Mayor Taylor called the meeting to order at 10:00 a.m and announced that Commissioner McKoy would not be present. The Mayor gave an update on the Tallahassee meetings. He felt positive feedback was received on all requests. There were three items stressed. One was the construction debris pick up. He explained the City of Boynton Beach does its own construction debris pickup resulting in $600,000 revenue. Many of the large disposal companies had been lobbying to take over the business. Boynton's request was to have verbiage in the bill that would exclude cities that do their own pickup so they may continue in that role. Secondly, money for the feasibility study on the Boynton Inlet was discussed. The cost is $160,000. Neither the need for the study nor the amount requested were an issue. Lastly, the Boundless Playground was discussed and the City representatives were told the state has $2 billion to spend on one time requests. Figures are to be submitted to the legislators for their review. Four City Commissioners attended the meetings plus three CRA members. Funding for the Old High School was also mentioned to make the legislators aware of the future need for assistance on the project. Vice Mayor McCray asked for clarification on the monies available for the one time requests whether it was $2 million or $2 billion. Mayor Taylor reiterated it was $2 billion. Commissioner Ensler reported the additional monies were a result of sales tax revenue generated from the sales of materials due to the hurricanes. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor McCray made a request to have information on the CERT program sent out to the churches in District II so the citizens would be aware of the program. Mr. Bressner agreed to do so. Meeting Minutes Agenda Preview Conference Boynton Beach, FL February 25, 2005 II. Other A. Informational Items by Members of the City Commission III ANNOUCEMENTS: B. Community and Special Events Wayne Segal will be expected to brief the Commission on the Special Events listed in the Agenda. C. Presentations Wally Majors, Director of Recreation & Parks stated his presentation on the Boundless Playground would be about five minutes in length. VI CONSENT AGENDA: B. Bids and Purchase Contracts Award the RFQ TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM, RFQ #007-2110-05/cjd to various qualified tow companies, and authorize the City Manager and City Attorney to execute the Towing Services Agreement 2005 (PROPOSED RE$OI.I, IITOtV NO. R05-040) Attorney Cherof pointed out the program for rotating tow companies has been ongoing for some time. He stated there would be an amendment to the draft agreement that would be driven by a policy decision by the Commission. On page CA-7, under general specifications, paragraph C, "tow contractor shall maintain adequate storage space within the city for said vehicles when towed'; both the bid documents and screening committee allowed bids for companies who had storage facilities outside the city as long as within 10 miles of the city. Attorney Cherof indicated the Commission needed to decide whether or not that needs to be a requirement. Commissioner Ensler asked if the pros and cons of the distance limitation would be made available. Attorney Cherof related from past discussions, the storage facilities within the City were for the convenience of the consumer. The opposite side of the argument would be storage facilities are not aesthetically pleasing to view. Mayor Taylor explained the idea of the towing contract is to take care of the citizens. He questioned how many towing companies are really necessary. In the past, only as many as six have been rotated, all within the City. City Manager Bressner said Mr. Katz, who represents several of the towing companies, expressed concerns in a memo regarding the recommendation of the committee. A written response from staff was sent to Mr. Katz. Mr. Katz should be present at the meeting. 2 Meeting Minutes Agenda Preview Conference Boynton Beach, FL February 25, 2005 Mr. Bressner further added them is a policy issue on the city tows at no charge which is a change. Staff did recommend this. Chief of Police, Marshall Gage, added that last year $18,000 was spent for city tows billed at 50% of the standard rate for small trucks and cars, full payment for Class C vehicles such as dump trucks or fire engines. Other municipalities in the area pay nothing or charge franchise fees as much as $150,000. Chief Gage indicated many do have rotation lists like the City and they charge $15,000 per towing company for the franchise fee in addition to free tows. The standard seems to be getting franchise fees or free tows or both. Commissioner Ensler asked what cities were considered, which have a franchise fee and if so, does one company or all companies pay the fee? Mr. Bressner suggested the information be submitted in written format to the Commission. Commissioner Ensler inquired if the policy decision is whether or not there should be one company doing all of the towing and pass a franchise fee. Chief Gage clarified the RFQ was not written in that form. It was listed as a rotation list. Six companies have been on the rotation list and eight responded this year. The committee reported all eight companies appear to be qualified. He emphasized that one company is outside of the City. Commissioner Ensler felt it was an unfair comparison if we have a sole source situation and other cities have franchise fees, when in the past Boynton uses multiple towing companies. Tf the Commission wanted multiple companies involved the same considerations cannot be used. Mr. Bressner concurred with Commissioner Ensler and indicated the RFQ assumed the City would continue with a rotation list. The new factor was that City tows be done at no charge. The towing companies, represented by Mr. Katz, have raised an objection. Staff recommended that in consideration for the rotation list and contracts, these companies do City tows at no cost. Further, staff is not recommending using a franchise fee. Chief Gage agreed the franchise fees were mentioned strictly for informational purposes on offsetting the cost. Also, Chief Gage emphasized the fees be waived for A and B tows, car and small trucks only. Commissioner Ensler requested an explanation on the tow firm evaluations since two forms were included with different numbers. Mr. Bressner suggested a key sheet should be provided. Chief Gage mentioned that "0" meant the company was non-responsive to the question. Commissioner Ferguson remarked the agreements and the issue have been pending since last October and it needs to move forward. Mr. Bressner indicated that information that can be compared with Boynton's criteria will be provided for the Commission's use before the meeting. Mayor Taylor asked if all companies who responded had the equipment to tow all the City's vehicles. Chief Gage replied only three of the companies can tow Class C vehicles; Eastern, Jordan and Zuccala. Mayor Taylor concluded the item should be pulled for discussion at the meeting. C. Resolution: Proposed Resolution No. R05-038 Re: Approving an Exclusive Agreement between the City of Boynton Beach and Achieva Meeting Minutes Agenda Preview Conference Boynton Beach, FL February 25, 2005 Telecom Services, Inc. d/b/a Talk's Cheap for installation and maintenance of a pay telephone at Oceanfront Park ('TABLED TOAPRII. ~, 200S) Vice Mayor McCray asked if there were any other phones on City property other than the one at Oceanfront. Wally Majors answered no. Vice Mayor McCray suggested that the matter be acted upon at the meeting even though it had been tabled to the 5th since the requested information had been provided. It was agreed the matter would be pulled and removed from the table at the meeting. Accept the written report to Commission of purchases over $10,000 for the months of January and February 2005 for informational purposes. Vice Mayor McCray questioned if the words, "for informational purposes" were necessary on the Agenda. Attorney Cherof agreed the words did not add anything to the matter and could be stricken. Approve purchase from More Direct for 24 laptop computers in the amount of $35,588.00. This purchase is from the Federal Treasury Forfeiture Fund. Vice Mayor McCray suggested the words, "for the Police Department" should be added to the first sentence for clarification. Mayor Taylor agreed. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Descriptions: Boynton Beach Mall NOPC # 5 (DRIA 05-002) Thomas A. Marsicano, ATCP, URS Corporation Southern 3CP Associates, LTD Boynton Beach Mall Request for Development of Regional Impact Amendment (DRTA) for the conversion of 169,510 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theater with 3,650 seats and 17,528 square feet of new retail space. (PROPOSED RESOLUTION NO. 05-049) Boynton Beach Mall NOPC #5 (MPMD O5-OO7)-Boynton Beach Mall- Request for Master Plan Modification approval for the conversion of 169,510 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theater with 3,650 seats and 17,528 square feet of new retail space. Commissioner Ensler commented the Boynton Beach Mall is on Congress and there is currently a traffic issue with the Winchester property. He wondered if a traffic analysis would be required in terms of Congress. 4 Meeting Minutes Agenda Preview Conference Boynton Beach, FL February 25, 2005 Mike Rumpf, Planning and Zoning, Director replied yes, a minimum traffic analysis would be required for the project to show whether there is an excess of traffic beyond what is vested for the mall now can meet concurrency. This would be in conformance with the Palm Beach County traffic wide performance standards. Commissioner Ensler further questioned who would be responsible for dealing with the traffic if the theater and Winchester both had traffic issues. Jeff Livergood, Public Works Director stated there is a completed traffic impact study, but it evaluates the traffic from a Muvico theater and the peak hours of that traffic and compares it to what was generated during peak hours by the displaced Macy's. Mr. Livergood felt there may be a reduction during the peak hours. All the data would be compared to the traffic performance standards and the thresholds of DPS. Commissioner Ensler felt it was important the applicant understands the issue dealing with traffic on Congress. Mayor Taylor thought each development was handled separately on a first come, first serve basis. Commissioner Ferguson mentioned Muvico had already been through the process at their previous location which also had an impact on Congress Avenue traffic. Vice Mayor McCray concurred with Commissioner Ferguson and thought backup data would be needed for the meeting. Mr. Bressner asked that a copy of the letter issued by the County be provided as backup. Mayor Taylor pointed out if the County approves the CRALLS designation, it would alleviate some of the concerns. Mr. Bressner requested the Community Investments item which he distributed could be added to the agenda under Consent Agenda. It was agreed it could be added. TX. CI'TY MANAGER'S REPORT: A. After-Action Report regarding the 2004 Hurricane Season Mr. Bressner stated he would prefer to concentrate on the thirteen recommendations. He commended Chief Bingham on his report and the staff for jobs well done. X. FUTURE AGENDA 1'rEMS Contribute $1,000 of Vice Mayor McCray's Community Investment funds to the Heart of Boynton Ministerial Association. Vice Mayor McCray requested the item be removed from the list. City staff had been unsuccessful reaching the President of the group. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard ( 7'ABI.£D ON 8/$/04 i~sed on review by Planning & Development Board and CRA) (4/19/05) Meeting Minutes Agenda Preview Conference Boynton Beach, FL February 25, 2005 Commissioner Ensler knew this item had gone to both Boards for discussion and asked the final recommendation also go through the Planning and Development Board and Community Redevelopment Agency. He wondered if the 4/19/05 date would accomplish his request. Mike Rumpf, Planning and Development Director, indicated it was his intention the matter would be ready by April 19th but that date may have to be extended. Vice Mayor McCray suggested the May 3rd meeting would meet the needs of everyone. It was noted that an executive session would be held upon adjournment. Adjournment There being no further business, the meeting adjourned at 10:39 a.m. City of Boynton Beach ATTEST: f ~ :j/Clerk , /~eputy City Cler~// Commissioner, / ~r -' '''' ///(031605)