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Minutes 03-15-05MINUTES OF THE CITY COMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 15, 2005, AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Mike Ferguson, Commissioner Bob Ensler, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order- Mayor Jerry Taylor Invocation - Rev. Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Vice Mayor Mack McCray Mayor Taylor called the meeting to order at 6:30 p.m. Police Chaplain Rick Riccardi offered the invocation, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Mack McCray. D. Agenda Approval: 1. Additions, Deletions, Corrections City Manager, Kurt Bressner, requested that Item H under the Consent Agenda be tabled until information from the applicant is received. Motion Vice Mayor McCray moved to table Item H under Consent Agenda. Commissioner Ferguson seconded the motion. Motion carried unanimously. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. seconded by Commissioner Ferguson. Motion carried unanimously. Motion Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor McCray reported the City Manager has returned to work part time and did submit the proper documentation from his physician to Human Resources in accordance with the policies of the City of Boynton Beach. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: Medieval Faire - March 19-20, 2005 at Jaycee Park - Presentation of a brief skit by a member the Adrian Empire, to announce the year's event to the public and to present invitations to attend to the Commission Supporting cast of the Medieval Faire announced the upcoming event and invited the Commission to attend and make merry. Wayne Segal, Public Affairs Director, made the following announcements: B. Community and Special Events: Concert on the Green, Saturday, April 16, at The Links at Boynton Beach, 8020 Jog Rd., featuring Bad Company former lead singer Brian Howe. Gates open 6 P.M., Concert 8 P.M. Tickets $20 at City Hall, City Hall in the Mall, The Links, online at www.ticketweb.com or at the gate C. Presentations: 1. Proclamations: a. Relay for Life Mayor Taylor read the Proclamation declaring April 1st and 2nd' Relay for Life Days. The Proclamation was presented to the Relay for Life Committee. A Boynton Beach Relay for Life Committee Member invited everyone to attend this year's event at Boynton Beach Community High school. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Boundless Playground presented by Wally Majors, Director of Recreation & Parks, on development of a Boundless Playground and park at Congress Community Park Wally Majors, Director of Recreation & Parks, joined by Jody Rivers, Park Superintendent gave an overview of Boundless Playgrounds, a national non- profit organization founded in 1997 to provide technical assistance to communities interested in developing playgrounds and parks beyond ADA standards. Ms. Rivers stated Governor Bush wrapped this program into his Florida Boundless initiative and his Strengthening Families initiative encompassing 50 new Boundless Playgrounds by the year 2006. They are to be a private and public partnership engaging the community in the planning and use of the playgrounds. The concept for the Boundless Playground is that it be barrier free and accessible to anyone in a wheelchair, on crutches, with sight impairments, hearing impairments and those without disabilities. They are also intended to help children develop both mentally and physically based on extensive research. Ms. Rivers indicated children with cognitive delays and sensory dysfunction can also benefit from the Boundless Playgrounds. A committee has already been formed including individuals from the Association for Retarded Citizens, Sister Cities, Recreation and Parks Board, citizens, staff and the county to assist in recruiting volunteers, fundraising, marketing, design and development. Two workshops will be planned to involve the community with the decisions on the elements of the park. A landscape architectural firm will then create a hard design. Simultaneously fund raising can be ongoing. Slides of all three levels were shown from the Boundless Playgrounds already constructed in Boca Raton and John Prince Park. Vice Mayor McCray asked if a site had been secured. Wally Majors replied the Congress Community Park adjacent to the Tennis Center was selected. Mayor Taylor reported that four Commission members had traveled to Tallahassee and one of the items discussed was funding for the Boundless Playground. The Senators and Representatives had a very positive response and indicated the state has $2 billion set aside for one time funding projects. The request is for $4.2 million to be added to the state budget for the Boundless Playground. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March :~5, 2005 Motion Commissioner Ensler moved to authorize staff to proceed with the application for funding through either the appropriation or proviso cycle for the Boundless Playground tentatively in Congress Park. Commissioner McKoy seconded the motion. Motion carried unanimously. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Grey, 1194 SW 24m Avenue in Golfview Harbour, thanked everyone for their help on an issue with the Lake Worth Drainage District (LWDD) right-of-way behind the homes on SW 24th Avenue on the north side of the canal. She asked for continued support to preserve her neighborhood and quality of life and come to an equitable agreement for the right-of-way. In January she received a letter from Lake Worth Drainage District stating the right-of-way had to be cleared. There had been nothing done for forty years which LWDD readily conceded. The issue was brought before the Commission in January and several state representatives in an attempt to guarantee home values, quality, safety and security along the right-of-way. Sharon Bruggemann, 1124 SW 24m Avenue, Golfview Harbour, explained Lake Worth Drainage was requesting that a number of large pines on her property had to be removed as encroachments on the right-of-way. She would like to maintain the grassy area down to the water's edge but realized Lake Worth Drainage owns the property. Ms. Bruggemann wanted to settle the controversy amicably. Peter Ryland, 1311 SW 25th Avenue, resides on the south side of the canal from the right-of-way. A written statement was presented to the Clerk that Mr. Ryland read indicating his purpose in coming to the Commission in January was to save the large native trees and natural environment on the Lake Worth Drainage District right-of-way. His hope at that time was that the City enter into mediation with LWDD and reach a resident approved compromise. According to Mr. Ryland the City declined to take a position because the disputed area was not City property. The right-of way has now been cleared by LWDD. He requested his property and all those contiguous to and including the Venetian Villas and ARC properties be excluded from any future city taxing district formed 4 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 for the purpose of acquisition and maintenance of the Lazy Lake Canal or L27 Canal. Further, he pointed out if the City should acquire this property there would be a huge liability issue. He felt the Commission should look at the situation very carefully. Mr. Bressner stated there are four alternatives regarding the canal area. The first option would be the proposal of the Lake Worth Drainage District to clear-cut the canal area and install an access roadway. A second option would be the LWDD and the City would work with the residents to establish a series of access points provided by the residents in the form of easements. The third option included the City acquiring the right-of-way. The last option would be doing nothing. The City would prefer working on the second option. Jeff Livergood, Director of Public Works and Engineering agreed this is a complex issue in view of the fact the Drainage District wanted to put an access road on thirty-five feet of the right-of-way that is residents' backyards. He pointed out the primary purpose of the canal is the conveyance of storm water and staff would like the opportunity to review the various options. Mr. Bressner believed the item was on the Lake Worth Drainage Districts' agenda for review, but they had agreed to table the matter for further discussion. Dick Philpott, 1361 SW 27th Avenue, Home Owners Association President for Golfview Harbour addressed the Commission and stated the ladies who had spoken were a committee of the Home Owners' Association . He stated Mr. Ryland did not represent the Home Owners' Association in any capacity. He felt the LWDD was applying countywide standards to this urban area. Peter Ryland added he estimated the capacity of the canal is eight to ten times greater than the incoming and outgoing and Lake Worth Drainage will not be drudging past Venetian Villas. Commissioner Ensler asked Mr. Philpott and the committee to submit a list of homeowners represented by the committee and who speaks for the committee. Alice Warren, 1719 Wood Fern Drive, Quail Run stated she was concerned about the increase in traffic on Woolbright Road in light of Woolbright going beyond Jog Road and absorbing the overflow of traffic from Atlantic Avenue and Boynton Beach Boulevard. Woolbright is only a four-lane street, she said, and getting out of Quail Run there is no stop sign or lighting plus it is a U-turn intersection. She requested the City look at the area due to the fire station going in and constant danger in the flow of traffic to 1-95 now from Hagen Ranch Road Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 east with an anticipated heavy flow of traffic. She suggested a light or flashing light might help. Herb Suss, 1711 Wood Fern Dr, ive, Quail Run, agreed with Ms. Warren's remarks that a light is needed on Woolbright Road and move the U turn intersection to Knuth Road. He also expressed his idea that term limits were a cop out for voters and should be eliminated. Mr. Suss also mentioned affordable housing was not being made available and diversity throughout the City was needed. He also felt the police should be paid commensurate with their job so taxpayers' dollars were not spent training officers who then left the City for higher paying jobs. Sunny Garcia 1631 NW 3rd Lane, said he was speaking on behalf of the police department that they needed a step pay plan. He stated the City is short 30 to 40 officers and at least 20 police officers have left. The step plan would give the officers an idea how much money they would make each year. He further stated the amount officers pay for insurance for their families needs to be adjusted. Bob Brown, 701 South Seacrest, expressed his concerns about taller buildings, possibly 75 feet or 150 feet, being built and hurricane shutters should be put in concrete at the time of construction instead of retrofitting at a later time. He also requested that in the taller buildings glare proof glass should be required to reduce glare. Tina Jones, 808 NW 8th Avenue, indicated she was speaking on behalf of the police officers and felt the City police force was understaffed. She had personally ridden with police officers and observed they work non-stop due to the shortage of police officers as a result of not receiving enough pay. Also she expressed her concern for the safety of the officers and the public if response time was slow due to the shortage of officers on duty. She felt the officers deserved to be given what they deserve for putting their lives on the line. The public audience was closed. V. ADMINISTRATIVE: Appoint Chair and Vice Chair of the Community Redevelopment Agency Vice Mayor McCray nominated Henderson Tillman as the Chair for the Community Redevelopment Agency. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Commissioner Ferguson said he would like to see some rotation in the Chair, but at this time nominated Jeanne Heavilin to continue as the Chair. Discussion Mayor Taylor stated there is currently a great team in the CRA and both Jeanne Heavilin as the current Chair and Henderson Tillman as the Vice Chair were doing great jobs. He felt the current positions should continue. Commissioner McKoy requested to hear from Henderson Tillman on his position on the appointments and recommendations, particularly if he would be interested in being the Chair or satisfied being the Vice Chair. Henderson Tillman commented he felt the position of Chair was a very important position and he was willing and able to accept the responsibility. He stated he knew the direction the City was going and he was able to do the job. At the same time he was pleased with the current leadership roles. As either Chair or Vice Chair he would stand ready and able to do the job. Vote City Clerk Prainito called the roll and Jeanne Heavilin was elected Chair, 3-2 (Vice Mayor McCray and Commissioner McKoy dissenting) Commissioner Ferguson nominated Don Fenton for Vice Chair. Vice Mayor McCray nominated Henderson Tillman for Vice Chair Vote Henderson Tillman was elected Vice Chair 4-1 (Commissioner Ferguson dissenting) Mayor Taylor congratulated the newly appointed Chair and Vice Chair and commended the entire Agency for a job well done. Commissioner Ensler related he looked forward to the time when Henderson Tillman would be the Chair and thanked him for his dedication. Accept the resignation of Renee Roberts, Student member of the Advisory Board on Children and Youth Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Motion Vice Mayor McCray moved to accept the resignation of Renee Roberts. Commissioner McKoy seconded the motion. Motion carried unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference -February 25, 2005 Regular City Commission Meeting - March 1,2005 Commissioner Ensler removed item A.2 from the Consent Agenda for correction. Bids and Purchase Contracts - Recommend Approval- All expenditures are approved in the 2004-2005 Adopted Budget Approve the renewal of the Annual Maintenance Agreement for our ESRI Software for the GIS Department in the amount of $25,897.77 to ESRI, Inc. of Redlands, CA. Approve a piggyback on State Contract #600-760-00-1-7 for Mail Processing Equipment to Pitney Bowes in the amount of $34,416.00 for a 48 month lease to include equipment, meter, maintenance, postage-by-phone reset fees and scale/rate date fees.(PROPOSED RESOLUTION NO R05. 039) 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 RESOLUTION NO. R05. 040) Vice Mayor McCray removed item B.3 from the Consent Agenda for discussion. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Approve the award of the installation of a fiber-optic system for telecommunication and computer connection between the Utilities Department Operation-Technical Building at the East Water Treatment Plant and the new Fire Station #4 (FS #4) located at 1919 South Federal Highway to JADE COMMUNICATIONS, INC., in an amount of $48,937.71 plus a 10% contingency to be included, for a total amount of $53,830 (PROPOSED RESOLUTION NO. R05-041) C. Resolutions: Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO MARCH l~, 200~) Vice Mayor McCray removed item C.1 from the Consent Agenda for discussion. Proposed Resolution No. R05-038 Re: Approving an Exclusive Agreement between the City of Boynton Beach and Achieva Telecom Services, Inc. d/b/a Talk's Cheap for installation and maintenance of a pay telephone at Oceanfront Park (TABLED TO APRIL 5, 2005) Vice Mayor McCray removed item C.2 from the Consent Agenda for discussion. Proposed Resolution No. R05-042 Re: Approving the assessment of costs for abatement of certain nuisances against the owners of properties involved. Commissioner Ferguson removed item C.3 from the Consent Agenda for comment. Proposed Resolution No. R05-043 Re: Approving and authorizing acceptance of the Urban Group's negotiated contract to purchase property owned by Velmarie Lambert a'nd Willie Brown, located at 216 NW 13th Avenue for $23O,OOO. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Proposed Resolution No. R05-044 Re: Approving and authorizing Execution of Agreement for Water Service Outside the City Limits with Mohammed A. Khan, Mohammed Liton Khan and Lincon Khan, for the proposed project known as Lawrence Market to be located on the northeast quadrant of Tucks Road and Lawrence Road. Proposed Resolution No. R05-045 Re: Approving and authorizing Task Order No. U05-10-04 for $30,609.00 to Kimley-Horn and Associates, Inc. (KHA) to provide engineering services for the design, permitting and bidding and services throughout construction phases that include start up and closeout of the project for a submersible duplex station to replace Lift Station No. 313 (LS 313) Proposed Resolution No. R05-046 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Irene Theodore for the property at 1173 Peak Rd., Lake Worth, FL (Ridge Grove ADD NO 1, LTS 256 TO 259 INC) Proposed Resolution No. R05-047 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Ang Capital Group, Inc. for the property at 7757 Griswold St., Lake Worth, FL (Tropical Terrace LT 26- Less S 7 FT) Proposed Resolution No. R05-048 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Isabel Pizzoni for the property at 1155 Peak Rd., Lake Worth, FL (Ridge Grove ADD NO 1, LT 260). Ratification of Planning & Development Board Action: None Ratification of CRA Action: None Accept the written report to Commission of purchases over $10,000 for the months of .lanuary and February 2005. ]0 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Approve purchase from More Direct for 24 laptop computers in the amount of $35,588.00 for the Police Department. This purchase is from the Federal Treasury Forfeiture Fund. Authorize the use of Community Investment Funds from Commissioner Carl McKoy for the National Youth Association for Academics and Athletes. Motion Commissioner Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Vice Mayor McCray. The motion unanimously carried. A.2 Regular City Commission Meeting - March 1,2005 Commissioner Ensler requested a correction to the minutes on Page 3, third paragraph should read, Commissioner Ensler commented on disabled veterans and asked that in addition to the considerations provided for minorities in business with the City, that consideration should be given for City business for disabled veterans. Motion Vice Mayor McCray moved to approve the Regular City Commission Meeting minutes as amended. Commissioner Ferguson seconded the motion. Motion carried unanimously. B.3 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 RESOLUTION NO. 040) Mayor Taylor opened public audience. David Katz, 67 Midwood Lane spoke representing six of the tow companies. A letter had been submitted to the City Manager, by Mr. Katz and given to the Commission stating five of his concerns. Two of the issues had been resolved. One unresolved issue was the issue of all City A and B tows being done at no charge. He stated at a 60% rate or 40% discount, the tow companies would only be breaking even. The franchise fees were questionable in terms of legality in his opinion, basically being an additional tax. He requested the Commission approve the tows at a 60% rate. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Attorney Cherof asked Mr. Katz to list the businesses he represented. Mr. Katz replied it was Emerald Towing, Eastern Auto Body, Scot"ts, Zuccala's, Jordan's, Becks. Mr. Katz continued saying staff had agreed to a CPI adjustment starting in 2007. He asked that the CPI commence in 2006. The third area of his concern was limiting the contract to the existing six companies. He pointed out the company, Professional, was ten miles outside the City limits. Residents would be inconvenienced by the distance and expense. He also pointed out Blake's only had a fiat bed truck for City B tows which, in his opinion, would be unsafe. If Blake's were to become part of the rotation list they should be required to purchase a proper Class B tow truck as other companies have in the past to participate in the City tow agreement. He further stated Blake's main facility did not have enough room for the tows and the satellite facility was further away from the City and might result in an additional tow charge. Marshall Gage, Chief of Police informed the Commission eight companies responded and one was located outside the City. There was also a new company located within the City that had not previously been in the program. The committee did a scoring and a sample fee schedule had been submitted together with a recommendation that all companies be permitted to participate in the rotational list. The committee also recommended free A and B tows for all City vehicles. The Chief stated the City pays $18,000 per year for all tows. It was not uncommon for cities to assess a fee to companies for the right to do business and/or have free tows for A and B. In the past the City paid a 50% fee. Attorney Cherof added the contract is not fixed and subject to amendment before signature and suggested the issues be addressed individually. Commissioner Ensler asked if the formal bid included a requirement that the Company be within the City. Attorney Cherof replied it was not and the right is reserved to the Commission. Vice Mayor McCray stated he was not in favor of a ten-mile radius for the citizens and it needed to be within the City limits. Commissioner Ferguson agreed. Mayor Taylor also agreed and asked for clarification if Blake's was operating out of a bay on SW 30th Avenue how much equipment did Blake's maintain. Commissioner Ensler asked staff if there was a requirement for certain vehicles to do B tows. Chief Gage indicated staff had no position on the type of vehicle used but stressed a timely response was important and whether or not a ]2 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 company can reasonably make the tow. Mayor Taylor said the bid requires the company have the proper equipment to do the tows and it was spelled out in the RFQ. Commissioner McKoy stated he was in favor of all companies being within the City limits. Motion Commissioner Ferguson moved that the participants be limited to six and that Blake's and Professional be eliminated and the remaining six share in the rotation. Vice Mayor McCray seconded the motion. Motion carried 4-1. (Commissioner McKoy dissenting) Motion Commissioner Ferguson moved that the A and B tows be charged at the rate of 50% rather than 0. Commissioner Ensler seconded the motion for discussion. Discussion Commissioner Ensler what the rate had been for the previous year. Chief Gage indicated it was 50% Vote Motion carried unanimously. Motion Commissioner Ferguson moved the contract be amended to three years with two, one-year options. Attorney Cherof stated it would be inconsistent with the request for qualifications, which did advertise for a two-year contract. Mayor Taylor stated the only remaining issue was the CPI and the effective date Motion Commissioner Ferguson moved the CPI be reviewed March 1,2006. Vice Mayor McCray seconded the motion. Motion carried unanimously. Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Mr. Bressner suggested a decision needed to be made regarding the storage facilities being within the City limits. He felt if it was not specified there would be the potential for a company to move their yard outside of the City limits. Motion Commissioner Ferguson moved to approve the six companies providing their storage yards are kept within the City limits of Boynton Beach. Vice Mayor McCray seconded the motion. Discussion Commissioner McKoy inquired if the motion was approved and a car was stored outside the City limits, how would it be dealt with. Mayor Taylor indicated the company would be revoked for being in violation of the agreement. Vote Motion passed unanimously. C.1 Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO MARCH 15, 200'5) Motion Vice Mayor McCray moved to remove the item from the table. Commissioner McKoy seconded the motion. Motion carried unanimously. Vice Mayor McCray indicated he pulled the item to thank all who attended the workshop and assisted in finalizing the resolution. Motion Vice Mayor McCray moved that Resolution R05-012 be approved. Commissioner Ferguson seconded the motion. Motion carried unanimously. C.2 Proposed Resolution No. R05-038 Re: Approving an Exclusive Agreement between the City of Boynton Beach and Achieva Telecom Services, Inc. d/b/a Talk's Cheap for installation and maintenance of a pay telephone at Oceanfront Park (TABLED TO APRIL 5, 2005) ]4 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Motion Vice Mayor McCray moved to remove the item from the table. Commissioner Ferguson seconded the motion. Motion carried unanimously. Vice Mayor McCray indicated he had pulled the matter because all questions had been answered. He stated the City did not want a public facility such as Oceanfront Park to have a life or death incident happen and a phone call not be possible. Motion Vice Mayor McCray moved Resolution R05-038 be approved. Commissioner Ferguson seconded the motion. Discussion Mayor Taylor pointed out over 200 requests had been made to use City phones at the snack bar and entrance gate. He requested staff update the Commission on the progress of the project after one year. Vote Motion carried unanimously. C.3 Proposed Resolution No. R05-042 Re: Approving the assessment of costs for abatement of certain nuisances against the owners of properties involved. Commissioner Ferguson pulled the item to request that inquiry be made of Mr. Fields why he had not responded to requests for mowing the lawns on the two properties. He requested the item be tabled or receive more information on the expense. Mr. Bressner stated the matter had been pending for some time because Mr. Fields was not responding. If the request was to get a response, Mr. Bressner felt there were no options available since Mr. Fields was already not responsive. City Clerk Prainito stated the last letter sent to Mr. Fields had been returned with a notation, return to sender. No response had ever been received. She explained the individuals had been billed twice over a year's period. The finance department attempted twice with no response. The bill had been forwarded to the City Clerk's office and Mr. Fields had been given thirty days to respond. The Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 matter was brought before the Commission when no response was received. Further she noted, after the Commission's approval the individual would be contacted once more with a thirty-day period to respond before the lien would be recorded. Mayor Taylor asked if anyone had spoken with the owner. Ms. Prainito replied there had been no contact. Attorney Cherof added the Commission had the right at a later time to waive or satisfy the lien. His suggestion was to move forward with the administrative procedure and the City Attorney's office would take responsibility of searching legal records to find Mr. Fields for an explanation. Motion Commissioner Ferguson moved to approve Resolution No. R05-042. Commissioner Ensler seconded the motion. Motion passed unanimously. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS B. Project: Agent: Owner: Location: Descriptions: Boynton Beach Mall NOPC # 5 (DRIA 05-002) Thomas A. Marsicano, AICP, URS Corporation Southern JCP Associates, LTD Boynton Beach Mall Request for Development of Regional Impact Amendment (DRIA) 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 05-007)- 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. Ed Breese, Principal Planner, stated the owner, Simon Properties, submitted a notice of proposed change to the Boynton Beach Mall DRI providing for the ]6 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 conversion of 169,510 leasable square feet of retail to a 79,500 square foot multi- screen movie theater. The Commission must determine whether or not the proposed amendment is a substantial deviation from the original DRI. He further stated the Department of Community Affairs and the Treasure Coast Regional Planning Council have reviewed the proposed amendment to the DRI for any regional implications. The Treasure Coast Regional Planning Council reported they found no substantial deviation with the amendment. The Department of Community Affairs, during phone conversations, have not indicated any problems and usually rely upon the Treasure Coast recommendation. Mr. Breese continued that the traffic consultant for the applicant reported the simultaneous increase and decreases in densities actually relates to reductions in the a.m. and p.m. peak hour traffic. Overall traffic associated with the changes has less than a one percent increase on both Congress and Old Boynton Road. Relative to the Master Plan, Mr. Breese stated it is reviewed for the regional and local impact and for conflicts with any City policies. Based on committee review, including the traffic study, no regional or local impact was found with the change and no conflicts with City policies were found. Mr. Breese stated pursuant to Florida Statutes Chapter 380.06 (19) Substantial Deviations, the applicant demonstrated the proposed change is not a substantial deviation requiring additional development and regional impact review. Staff recommended approval of DRIA 05-02 subject to the conditions of approval listed. With regard to the proposed modifications to the Boynton Beach Master Plan, staff recommends approval of the master plan modifications to allow conversion of the leasable square feet of retail space to a multi-screen movie theater and new retail subject to the conditions of approval. Thomas Marsicano, URS Corporation, Tampa, FL and agent for Simon Property Group indicated he was present to answer any questions from the Commission, Mayor Taylor asked if he was agreeable to all the conditions listed. Mr. Marsicano stated they were. Ed Breese added there is traffic concurrency with Palm Beach County on the (TPS) Traffic Performance Standards. A letter of approval was submitted. Commissioner Ensler asked if he understood correctly that traffic would not increase as a result of the change. Mr. Breese indicated he was correct. He reiterated that the a.m. and p.m. peak hours would decrease from the prior use. ]7 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Overall traffic would increase slightly, but less than a one percent increase on both Congress and Old Boynton falling within the Traffic Performance Standard. Motion Commissioner Ferguson moved to approve Resolution R05-049. Commissioner McKoy seconded. Motion carried unanimously. Motion Commissioner Ferguson moved to approve MPMD 05-007. Vice Mayor McCray seconded. Motion carried unanimously. Commissioner Ensler inquired of the applicant about the estimated opening date. Mr. Marsicano answered the demolition process had been commenced and he estimated it would be about a year before opening. Commissioner Ensler asked if this project would be similar to the one in Boca Raton. Mr. Marsicano stated it would be a different building, but generally, yes, with a multi-screen building and restaurants inside. IX. CITY MANAGER'S REPORT: A. After-Action Report regarding the 2004 Hurricane Season. Kurt Bressner, City Manager, thanked all those who sent cards and prayers during his illness and recovery and commended staff for their performance in his absence. Mr. Bressner reported Boynton Beach was hit with two major hurricanes in four weeks and experienced damage to public facilities estimated at $225,000. Overall cost associated with removal of debris and clean up activities totaled $2.4 million. He pointed out four key elements that staff performed during the storm and immediately thereafter. First, the City maintained water pressure and basic utility services during and after the storm. Boynton Beach was rock solid and no boil water orders had to be issued. Public safety services provided by the Police and Fire were active and functional despite limited power. The clean up and restoration by City staff was completed in a prompt and professional manner despite conflicting rules and interpretations from FEMA. The last element involved providing relocation assistance to displaced residents. Specific recommendations include adopting a emergency pay policy in the form of an ordinance. It will preempt all other regulations and agreements and 18 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 systemize the process to be clear and unambiguous. The legal department is presently working on drafts of such an ordinance. Second recommendation was to develop a more refined public information program, principally involving the Mayor. We should establish protocol and responsibilities for elected officials during a emergency. Third recommendation was to retrofit City facilities to strengthen the facilities for storms. It will have to be assessed on a case-by-case basis and budgeted accordingly. All new facilities are built to the Miami-Dade code. Mr. Bressner related an issue arose during the recovery period relating to food service provisions for staff. Currently the basics were provided and it was not sufficient. He recommended a plan be made to bring staff together to share not only the necessities but also the sharing of information and strategies. Facilities are not currently available and it will be necessary to include those plans in the budget, also. He also reported that standby fuel was a problem and suggested Public Works and Fleet Management become the fuel czars in an emergency and the operating departments file orders with Public Works. Next, Mr. Bressner addressed retrofitting City facilities with appropriate stand-by generators or transfer switch facilities. It would require a building-by-building review and verifying the number and size of the utility stand-by generators for lift stations or the key lift stations that have dual electric connections. This would be a high priority for the new Utility director. Commissioner Ensler submitted remote generator power to the lift stations might be a possible solution. Mr. Bressner offered another solution of providing extra, larger generators to the community to support private relief efforts. Private facilities that provided aid at no cost need a funding source to provide assistance. They would have to be identified and verified for some grant funding or foundation fund sources. He suggested the Community Relations Board may be able to assist in the project. Also, Mr. Bressner requested the City work closely with the owners of the Boynton Beach Mall and encourage them to continue their recovery assistance with FPL. Lastly, Mr. Bressner stated improving intersection safety during power outages is essential. Standby stop signs at all intersections are required. The use of Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March :~5, 2005 volunteers was not an option Mr. Bressner embraced. The Florida Highway Patrol Reserve Unit assisting the regular staff may be an option. Vice Mayor McCray asked if Boynton had enough stop signs for backup. Mr. Bressner replied yes. Vice Mayor McCray also asked about retrofitting major facilities in different districts. He suggested some criteria be in place to determine who can help with what service for that District or community. Mr. Bressner indicated only four or five are needed throughout the city. Vice Mayor McCray asked if the Wilson Center would be a viable site. Mr. Bressner stated it does have a commissary style kitchen, not full kitchen facilities but it should have a stand by generator or transfer switch and it is being built to the Miami Dade Code. Public information on removing trash and debris needs to be improved upon by educating the citizens what the expectations are for the communities. Vice Mayor McCray suggested some type of rotating schedule be developed dividing the pickup responsibilities by districts so everybody gets some relief. The last item Mr. Bressner spoke about dealt with industrial debris not being part of the pickup and he felt that issue should be revisited. The difference between industrial customers and residential customers needs to be redefined for emergency services. Finally, seeking better information from FEMA remains problematic for the City and should be addressed on an ongoing basis for possible future needs. Mayor Taylor vouched for the validity of the report and commended the City Manager and Chief Bingham on their efforts. Herb Suss, Quail Run, took issue with the City Manager's report because he failed to mention the many volunteers who assisted during the hurricanes, He also felt the CERT people should receive some credit for their efforts as a valuable asset to the citizens. Commissioner Ensler stated his concern with the development of high-rise buildings and suggested the City Manager confer with other cities to determine how they deal with these types of buildings during hurricanes. 20 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Motion Vice Mayor McCray moved to accept the recommendations of the City Manager and direct the City Manager to move forward on those recommendations. Commissioner Ensler seconded the motion. Motion carried unanimously. X. FUTURE AGENDA ITEMS: A. Annexation of Enclaves (4/5/05) B. Zoning in M-1 District (04/05/05) Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) (05/03/05) Do Workshop regarding City Hall/Public Safety Space Needs Report (8/2/05) E. Proposed Lease Agreement with Boynton Woman's Club (TBA) F. Hurricane Design for Public Buildings (5/3/05) G. City Manager's Evaluation (October 2005) H. Commission Boundary Redistricting XI. NEW BUSINESS: None XlI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 05-017 Re: Amendment to the Land Development Regulations, Chapter 2. Zoning, Section 6.H Suburban Mixed use (SMU) zoning district to allow Live/Work Units as a permissible use. Attorney Cherof read Proposed Ordinance No. 05-017 by title only. 2] Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 Mayor Taylor opened the public meeting. Kim Glas-Castro spoke on behalf of the applicant and stated she was present to answer any questions. Motion Vice Mayor McCray moved to accept Ordinance No. 05-017. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 2. Proposed Ordinance No. 05-018 Re: Approval of an Ordinance to establish the Renaissance Commons Community Development District Attorney Cherof read Proposed Ordinance No. 05-018 by title only. Mayor Taylor opened the public hearing. James De Cocq from Special District Services, representing the petitioner, stated he was present to answer any questions. Mayor Taylor asked staff to give a brief description of what is a Community Development District. Mr. Rumpf deferred the question to Mr. DeCocq. Mr. De Cocq explained Community Development Districts are a form of specialized local government. It is a special purpose local government having powers to raise, construct or purchase public infrastructure such as surface water management system, sewer, potable water, roadways, irrigation, landscaping. The special powers of the district include the right to utilize public funds through the issue of bonds to help pay for infrastructure. He further explained the liability lies upon the landowners to repay the bonds. The people that live within the district pay for the infrastructure. It's a growth pace for growth type system. Vice Mayor McCray added a Board of Directors governs the Community Development District. Mr. DeCocq stated after five years elections are held and the directors are elected by the citizens of the District to govern. Motion Vice Mayor McCray moved to accept Ordinance No. 05-018. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried 5-0. 22 Meeting Minutes Regular City Commission Meeting' Boynton Beach FL March 15, 2005 B. Ordinances - Ist Reading None C. Resolutions: None D. Other: Xlll. UNFINISHED BUSINESS: None XlV. ADJOURNMENT: Thero being no further business the meeting properly adjourned at 8:31 p.m. Mayor Taylor announced there would be an executive session held immediately following the meeting. ATTEST: [~puty City CleriC' ~31705) CITY OF BOYNTON BEACH 23 Da_~te: March 15, 2005 T_~o: City of Boynton Beach City Commissioners Fr_xp~_om: Peter M. Ryland, 1311 S.W. 25m Avenue Boynton Beach, FI~ 33426 ~: Lazy Lake Canal Ownership My property is directly opposite and contiguous to the Venetian Villas development on its Southeast corner and across the Lazy Lake Canal. On January 18', my purpose in coming before the City Commission was to save the large native trees and natural environment in the I~ake Worth Drainage District (LWDD) right-of-way between the canal and the Venetian Villas project. As part of my written statement I requested that the City enter mediation with I~WDD and reach a resident approved compromise I~WDD permit within 30 days ~the current permit required clear cutting and embanking the canal next to the Venetian Villas project). ! also asked the City to look into the LWDD requirement that property owners east of the Venetian Villas project clear the right-of way. Dale Sugerman, Assistant City Manager, volunteered that he was looking into the situation. During subsequent discussions with I~WDD, the City declined to take any position on the canal and right-of-way, saying that it was not City property. Today, the developer, after · · · thereby clear waiting two months, was forced to satisfy the LWDD permit agmnst hm will, is now a cutting 15, 60-foot slash pines and digging up the canal embankment. The area jumble of pulled trees and piles of dirt. The damage has already been done. City ownership of the canal and right-of way will not alter what LWDD has already forced on the ARC and Venetian Villas properties. I ask that my property and all those contiguous to and including the Venetian Villas and ARC properties be excluded from any future City taxing district formed for the purpose of acquisition and maintenance of the ~ Lake (L-27) canal. Sincerely, Peter Ryland 736-2422