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Minutes 05-11-07 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN BOYNTON BEACH, CITY COMMISSION CHAMBERS ON FRIDAY, MAY 11, 2007 AT 9:00 A.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jamila Alexander, Assistant City Attorney Judy Pyle, Deputy City Clerk CALL TO ORDER: Mayor Taylor called the meeting to order at 9:01 a.m. I. B. Invocation Mayor Taylor announced that the City Clerk's Office was in the process of arranging for the clergy. I.D.l Additions, Deletions, Corrections Vice Mayor Rodriquez advised he wanted to contribute $1,000 from his Community Funds to the Peacemakers Program. Secondly, he requested an update from the CRA on the status of the Old High School. Mayor Taylor indicated he would refer the request to the CRA. Commissioner Weiland commented he wanted to discuss under New Business, complaints and code violations pertaining to Rufus Ribs, Ralph and Rosie's Restaurant, and Jordan's Towing. He inquired whether a decision would be made at the May 15, 2007 Commission Meeting pertaining to Intown. Mr. Bressner replied staff resources were not available to complete the analysis by the May 15, 2007 Commission Meeting. Additionally, he was awaiting information from Intown as to timing, method of payment, revenue source, the manner in which they would be subsidized, and other unresolved issues. Mayor Taylor advised staff from Code Compliance would be available at the May 15, 2007 Commission meeting to discuss Commissioner Weiland's concerns. Mr. Bressner advised he would determine the status of violations at Ralph & Rosie's Restaurant. As to Jordan's Towing, while the review was being conducted, the company was not permitted to perform towing services for the City; however, it was his understanding they were not restricted from operating in the City. Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Commissioner Weiland asserted the City was obligated to ensure the citizens of Boynton Beach were provided with professional services from establishments which had occupational licenses in the City, and to ensure these establishments would be held accountable for such services. Mr. Bressner advised the State Attorney's Office was reviewing criminal charges against individuals associated with Jordan's Towing, and until such time as this matter was investigated, he would not recommend the City release the suspension of business with respect to City work. With regard to XI.D, Modification of Community Investments Funds, Vice Mayor Rodriguez suggested the City Commission consider requiring post-expenditure reports as a condition of funding. The reports would be required from recipient organizations and would reflect the manner in which the funds were utilized. A vote could be taken at the May 15, 2007 Commission Meeting. Motion Commissioner McCray moved to accept the Agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. III.C.3.Presentation of Certificates of Appreciation for approximately 200 volunteers who participated in the Great American Cleanup held on Saturday, April 21, 2007. Mr. Bressner commented he hoped the volunteers would be present to accept their certificates. IV. PUBLIC AUDIENCE Mayor Taylor advised at the last meeting, the issue arose with regard to allowing a charter school in the City's industrial area. He believed the Commission voted unanimously not to go forward with zoning changes relating to the school. However, he was contacted by several representatives from the school, and he had granted their request to address the Commission this morning. Commissioner Weiland remarked when this issue was discussed, he indicated he was in favor of going forward; however, he would concur with the majority vote of the Commission. He did not believe that an actual vote was taken. Mayor Taylor emphasized there was no dissention to the Commission direction declared at the last meeting. Wayne Owens, Principal and Chief Operating Officer of the Charter School of Boynton Beach, indicated the school had been operating in the City since the fall of 2002 and at that time, was located at the Boynton Beach Mall. Thereafter, the school relocated to the Levitz Plaza in Delray Beach/Boca Raton, predicated upon the safety of the students. Approximately 200 students, kindergarten through the sixth grade, were enrolled in the school, and were from all four districts in Boynton Beach. Mr. Owens advised the school was a Title I 2 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 school and competitive in FCAT scores. They would like to return to Boynton Beach, and Mr. Owens requested the Commission's assistance with respect thereto. He advised with the help of realtor Tom McGillicuddy, a stand-alone building was identified in Boynton Beach in which to house their students. Measures would be taken with regard to the safety issues. While the school was one of two bidders for the Old High School, the bid was awarded to Five Towns College. The school was a small, family-oriented institution which provided an accelerated curriculum, and was the first charter school in Boynton Beach. They specialized in foreign languages and technology. Mayor Taylor advised the Commission had no dilemma with the school's curriculum. The entire point of the Commission's discussion related to the location of the building, which was in an industrial-zoned district. He advised of an unoccupied facility on N. Railroad Avenue and Martin Luther King Boulevard that formerly housed a charter school, and suggested contacting the property owner with regard to possibly leasing the building. The area was properly zoned for the establishment of a school. Mr. Owens stressed the importance of a central location for the school in order to serve Boynton Beach students and to negate perceived stereotypes relating to certain neighborhoods. He professed there was nowhere else for the school to relocate. Commissioner Weiland requested Mr. Owens address issues resulting from students walking to school and/or lingering in front of business establishments, as well as traffic patterns relating to dropping off and picking up students. Mr. Owens replied students were either dropped off by parents or transported by school buses. No students walked to school. Unlike Palm Beach County School District, which set certain transportation parameters, charter schools were not bound by those parameters. Mayor Taylor inquired whether Mr. Owens had checked with the Chamber of Commerce to determine if there were any available facilities within the City. Mr. Owens replied over the past few years, the school had communicated with the Chamber of Commerce and the CRA, and met with the City Manager; however, nothing had come to fruition. Commissioner McKoy requested clarification as to the location of the property vacated and the safety concerns which caused the school to vacate the property. Mr. Owens responded the location vacated was the Boynton Beach Mall. Safety concerns related to an alleged gunman and several break-ins. The stand-alone building they would like to occupy would provide for enhanced security. Additionally, with the ages of the students, and after-school programs provided, there would be no idling in the streets. Vice Mayor Rodriquez commended Mr. Owens and the school; however he emphasized there were zoning restrictions pertaining to the stand-alone building in which the school desired to relocate. 3 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Mr. Owens advised the problem was one of perception and property owners were not open to housing a charter school on their premises. Tom McGillicuddy, a commercial realtor and 25-year resident of Boynton Beach, advised in the last year, he had shown Mr. Owens at least 20 buildings, not just in Boynton Beach, but in Delray Beach and Lantana as well. However, the buildings were either two large or too small, and the rents were too high. In this instance, the desired stand-alone building was suitable in all respects as it was the right size, and the landlord was doing everything possible to ensure the school's success. Pursuant to studies made, the buildings fronting South Congress Avenue could be recommended for commercial zoning sometime in the future. The new landlord for the building had repainted and put in new landscaping. Commissioner McCray referred to an earlier statement by Mr. Owens, and inquired as to why he had to call the Police Department for assistance. Mr. Owens replied there were issues when the school was located in the Boynton Beach Mall, and he was trained to look out for suspicious-looking individuals, as were the mall security and Boynton Beach Police Department. Motion Commission McCray moved to place this item for reconsideration on the agenda for the May 15, 2007 Commission Meeting. Commissioner McKoy seconded the motion. Commissioner McKoy inquired as to staff's involvement in attempting to identify possible locations for the school. Mr. Bressner advised the City had initially offered as much assistance as possible to secure a location in Boynton Beach. He pointed out the school was a private business. He opined if the City received any leads, the information would be provided to the school. It would be the school's responsibility to finalize the transaction. Commissioner Weiland suggested, if this item was approved and if, for some reason, the transaction did not close, language be amended to revert the zoning back to its original intent to prevent other schools from locating in the industrial district. Mr. Bressner advised this could not be done with respect to a zoning change. Staff suggested the text amendment permit trade and other schools in the industrial district as a conditional or special use. Theoretically, once a conditional use was granted for a specific piece of property, unless it was abandoned for more than a year, another school could go in as a permitted use. Mayor Taylor emphasized his concerns relating to zoning compliance, and the school's impact on surrounding commercial businesses, if the use were approved. Mayor Taylor called the question on the motion to reconsider. 4 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Vote The motion passed 3-2, Mayor Taylor and Vice Mayor Rodriguez dissenting. Mayor Taylor directed staff to add this item to the May 15, 2007 agenda, under "Unfinished Business." Commissioner McCray inquired as to a breakout on Congress Avenue and Gateway Boulevard, and when this item would be presented to the Commission. Mr. Bressner advised this item was not on the agenda for the May 15, 2007 meeting. He transmitted a copy of Mr. Lombardi's e-mail to the City Commission to advise emergency repairs for the sanitary sewer system were underway on Gateway Boulevard. Peter Mazzella, Deputy Director of Utilities, advised staff was putting together final figures and discussing methods of restoration with the County. This information should be available for the first Commission meeting in June 2007. Mr. Bressner advised there would not be a first meeting in June as a quorum would not be present. He inquired as to the amount spent on the project to date. If the monies exceeded the amount authorized administratively, approval of the City Commission would be required, even if retroactive, to pay the bill. Mr. Mazzella advised costs to date exceeded $25,000. VI.C.2.Proposed Resolution No. R07-051 RE: Approving and authorizing execution of an Agreement for Water Services Outside the City Limits with Anthony and Latonia Beltran for the property at 1029 Seagrape Road, Lantana, FL (Hypoluxo Ridge Add 2 Lot 52). Vice Mayor Rodriguez inquired as to why additional water was provided outside the City limits during a water crisis. Mr. Bressner pointed out, as the property was located in the City's utilities service area and water was available, he believed the City had a contractual obligation to make the water available to the customers, who do pay a surcharge. He suggested he could request the City Attorney's office to address this in greater detail; however, in earlier discussions regarding property near Gulfstream, the opinion was the City was obligated to provide water services as the property was in the City's utilities service area. Vice Mayor Rodriguez suggested the City Attorney's Office explore suspending the provision, pending Commission approval, until the water situation was under control. 5 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 VI.C.3.Proposed Resolution No. R07-052 RE: Approving and authorizing execution of the amendment of the Interlocal Agreement between Palm Beach County and the City for funding of construction of the replacement of the Wilson Center, extending the project completion date of December 31,2007. Commissioner McCray inquired whether the Wilson Center would be completed by December 31, 2007. Wally Majors, Recreation and Parks Director, advised the project was ahead of schedule and the projected completion was now November, 2007. VI.C.4.Proposed Resolution No. R07-053 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FDOT) for the development of bikeways and greenways along an extension of the Palmetto Greens Greenway. The cost of this project is $440,000 with $50,000 for design and $390,000 for construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the City. Vice Mayor Rodriguez requested clarification as to the cost of the project. He inquired whether it was totally funded by the State, as backup indicated the fiscal impact was $440,000. Jody Rivers, Park Superintendent, replied the total cost of the project was $440,000 with $50,000 for design; however, the project was totally funded by the State, and there would be no cost to the City. VI.C.5.Proposed Resolution R07-054 RE: Approving and authorizing execution of a Local Agency Program Agreement (LAP) with the State of Florida Department of Transportation (FDOT) for the development of bikeways and greenways through Barton Memorial Park and Scrub for a safer route to Galaxy Elementary School. The cost of this project is $112,900 with $18,300 for design and $94,000 for construction. This is a non-matching fund grant; therefore, no additional funds will be provided by the City. Mayor Taylor advised this project would also be totally funded by the State. VI.D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same. Vice Mayor Rodriguez inquired as to the criteria for vehicles to be declared surplus. Jeff Livergood, Director of Public Works, pointed out the criteria included maintenance expense, life expectancy and surplus value on the sale of the vehicle. 6 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Vice Mayor Rodriguez inquired as to why the 2005 vehicles would be included on the list and the life expectancy of the newer vehicles. Mr. Livergood explained there were occasions when vehicles were either not suitable for the purpose intended or the maintenance expenses were high. He commented he would provide additional information as to the life expectancies of the newer vehicles listed. Mr. Bressner advised the life cycle for a squad car was approximately three years, although the life cycle of the take-home vehicles may have improved. It had not been determined whether the adjustments were made in the fleet plan with respect thereto. VIII.A Project: Agent: Owners: Location: Description: Healing Heart/White Elk, LLC (SPTE 07-005) Nancy Keller, Managing Member of White Elk Enterprises, LLC White Elk Enterprises, LLC 226 SE 23rd Avenue Request for a one (1) year site plan time extension for major site plan modification approval granted on March 21, 2006 from March 21, 2007 to March, 21, 2008 Mayor Taylor commented he believed the site plan time extension was for 18 months rather than one year as noted on the agenda. IX.B. Status report on Youth Violence Prevention Project Commissioner McCray requested clarification from the City Attorney as to the voting rights of Vice Mayor Rodriguez as he worked on this project and served in an advisory capacity to the Commission. He also requested an explanation as to the Community Foundation, Inc. Further, as the project would provide funds for a Juvenile Transition Center in which Commissioner McKoy's wife was a partner, he inquired whether Commissioner McKoy would be permitted to vote on this project. Mayor Taylor advised the City Attorney would look into Commissioner McCray's inquiries and report back to the Commission. Vice Mayor Rodriguez advised, for the City Attorney's information, he did not believe he had a conflict as he was neither involved in, nor tied to, any organization and was merely in an advisory position to the City and to the Commission. Commissioner McCray reiterated his requests for clarification as set forth above. IX.C. Approve making an application for Weed and Seed Community designation and funding from the U.S. Department of Justice. Commissioner McCray expressed his concern with the identification of specific boundaries required by the Notice of Intent to Submit an Application. He inquired whether the City was west or east in terms of the designated area. 7 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Regenia Scott, Neighborhood Services Manager, explained "west" referred to the furthest boundary west; Federal Highway was the further east; Miner Road was the furthest north and Woolbright was the furthest south. Commissioner McCray commented, with several projects coming up under Neighborhood Services, he would not want the department to be so bogged down as to negate its original intent. He received complaints from District II constituents that things were not being done and suggested exploring staffing requirements. Mr. Bressner advised he was bringing this initiative before the Commission for its review; to factor into the budget costs associated with the local match; and to address staffing concerns for this program, as well as for the other two programs. IX.D. Discussion of Proposed Interlocal Agreement with State of Florida for Railroad Crossing Equipment Maintenance for Crossing at SE 23rd Avenue and FEC Railroa. Staff is recommending that the Resolution authorizing the agreement not be approved at this time because the funding for the maintenance should come from Palm Beach County, not the City of Boynton Beach because SE 23rd Avenue is a County-maintained roadway, not a City- maintained roadway. The County receives lane-mile gas tax revenue from SE 23rd Avenue (Proposed Resolution No. R07-058). Commissioner McCray inquired of staff why their recommendation was not to fund this item. Mr. Livergood explained staff's recommendation was more philosophical than anything else. SE 23rd Avenue was a Palm Beach County highway and, as such, it would be the responsibility of the County to maintain that roadway. Historically, the agreements put into place for maintenance of rail crossings were between the municipalities and Florida East Coast Railway (FEe). In this scenario, the State was in the process of reconstructing the signal hardware on SE 23rd Avenue. They forwarded an Interlocal Agreement whereby the City would participate in the cost sharing for the maintenance of the signal hardware, and would also participate in the maintenance of the signing and striping for that crossing. Staff had issues with this responsibility, as the City was not authorized to sign and stripe a County highway. Staff brought its concerns to the attention of the Florida Department of Transportation (FDOT) and the County agreed it was their responsibility to sign and stripe the roadway for the crossing. A secondary issue was the maintenance of the crossing hardware itself. The County contended it was the City's responsibility to pay for the crossing maintenance as it was within the City limits. The County acknowledged if the crossing had been in an unincorporated area, the County would have borne such expense. Mr. Bressner noted the County was receiving the gas tax revenue from that street. While the City was not receiving the revenue, which would proportionately pay for the work, it was the County's position the City would assume maintenance or expense responsibilities for roadways within the City's limits. The County must acknowledge its fiscal responsibility to maintain all aspects of the roadways. 8 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Mr. Livergood explained the proposed agreement was a standard agreement put forth by FDOT for the cities and Palm Beach County, and the County required all municipalities participate. The fundamental issue was whether this was a County or City financial responsibility. Mayor Taylor inquired whether there were examples of other crossings in other cities and whether those costs were borne by the municipalities or by the County. Mr. Bressner believed the costs were borne by the municipality. The City of Boynton Beach would be the first municipality to question this issue, and the agreement would be the first to fall under a new set of rules if negotiated pursuant to the City's wishes. Commissioner McCray inquired whether the $5,000 would be an annual expense. Mr. Livergood advised it was an estimated expense. IX.E. Review and approve the Avenue of the Arts program. Mr. Bressner explained this was a policy matter addressed to determine whether the City wished to go forward with this program at this time. X. FUTURE AGENDA ITEMS As the Commission would not be meeting on June 5, 2007, Mr. Bressner inquired whether the Commission would be amenable to conducting an abbreviated meeting on May 29, 2007. This would provide an opportunity for Mr. Bressner to address any necessary business items as well as present preliminary information on the budget. Commissioner McCray inquired of staff whether they believed a special meeting was warranted in terms of issues which might arise. Mr. Bressner remarked he had already alerted Mr. Rumpf as to possible zoning matters and notice requirements with respect thereto. Accordingly, he believed sufficient notice would be provided where necessary. Commissioner McCray inquired as to when Mr. Bressner recommended scheduling the budget review. Mr. Bressner replied the budget review would be scheduled for early July 2007 and as such, he might require an opportunity to provide a preliminary snapshot in late May 2007. Staff was in the process of completing the program analysis, and the comparative information should be available at that time as well. Mayor Taylor advised Tallahassee would not have its special session until June 2007. Mr. Bressner stated staff had a preliminary indication of what was being discussed; however, this could change. 9 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Commissioners Weiland and McKoy could not commit to the May 29, 2007 date. Mayor Taylor noted there would be no Commission meeting on June 5, 2007, and an alternate date would be arranged. XI.A. Discussion of Code Amendment for Mobile Food vendors per request of City Commission at May 1, 2007 commission Meeting. XI.B. Discussion regarding Code violations at Ralph &. Rosie's Restaurant on Federal Highway. XI.C. Update on the state of Jordan Towing. Mayor Taylor noted staff from Code Compliance would be available at the May 15, 2007 Commission Meeting to discuss concerns relating to items XI.A., XI.B. and XI.c. Vice Mayor Rodriguez inquired as to when the backup would be available for the added items. Mr. Bressner replied he would provide the backup to the Commission on Monday, May 29, 2007. XII.C.2.Proposed Ordinance No. 07-012 Re: Approving the revision of Chapter 9, Fire Protection and Prevention, City of Boynton Beach Code of Ordinances to ensure compliance with the Florida Fire Prevention Code, pursuant to Florida Statute 633.025. (City Manager recommends that if this item is approved on first reading on May 15, 2007 that second reading of the Ordinance be tabled to June 19, 2007 to allow public review and comment Mr. Bressner noted the ordinance provided for substantial changes in the Fire Code, and advised the additional time between the first and second readings would provide an opportunity for the business community to review the changes. William Bingham, Fire Chief, added the Fire Code had not been changed in nine years, and the timeframe between the first and second readings would provide everyone with an opportunity to review the ordinance. Chief Bingham spoke with Mr. Jurgenson at the Chamber of Commerce, and Mr. Jurgenson advised he would be sending information to the businesses in the City with respect to the ordinance. XII.E. Other 1. Approve proposed settlement of $7,000 of attorney's fees for John W. Little, III and John Bryan, counsel for Alberta K. Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop and Octavia Bell, individually and d/b/a JS Convenience Store or Bells Quick Stop, Bells 10 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Quick Stop, Inc., an involuntarily dissolved Florida corporation (Parcel No. 114). 2. Approve proposed settlement of $2,000 of attorney fees for John W. Little, III, counsel for Johnny Lee Roberts, individually and d/b/a Roberts Restaurant and Betty J. Roberts, individually and d/b/a Roberts Restaurant (Parcel No. 110). 3. Approve proposed settlement of $2,250 of attorney's fees for John W. Little, III, counsel for Triumph the Church Kingdom of God in Christ, Inc. (Parcel No. 103). 4. Approve proposed settlement of $18,982 of attorney's fees and costs for John W. Little, III and Sachs, Sax, & Klein, counsel for Marwan Ghali and Suhair Gali (Parcel Nos. 104, 106 & 115) and appraisal fees for Allied Appraisal, Callaway & Price and Donald Muncy. Assistant City Attorney Alexander advised all four actions were eminent domain lawsuits and were handled by the same opposing attorney. The City dismissed the lawsuits in May 2006 following a change in the Florida Statutes. The change required the City to be responsible for attorney's fees in order to go forward with eminent domain proceedings. The City Attorney's office was able to negotiate down the opposing attorney's fees. Vice Mayor Rodriguez questioned why the City would be responsible for the attorney's fees as the eminent domain lawsuits were filed during the time when the City was able to do so legally. Ms. Alexander replied under the Statute, the City would still be responsible for the attorney's fees in eminent domain proceedings. Mr. Bressner added even if the Statute had not been changed and the City voluntarily withdrew from the case, the City would still be obligated under the statue as a result of an unfunded mandate. Vice Mayor Rodriguez inquired whether any of the property owners were now wiling to sell. Mr. Bressner advised the properties were in the Martin Luther King, Heart of Boynton area, and as such, it would be the decision of Intown to discuss any sale with the property owners. Vice Mayor Rodriguez inquired whether the City or CRA acted on this. Mr. Bressner commented the City acted on behalf of the CRA. The CRA originally identified the parcels for acquisition, as the CRA did not have eminent domain authority. Thus, it was necessary for the CRA to request the City to approve the eminent domain actions. Thereafter, the laws changed, and the City lost the authority for eminent domain. Vice Mayor Rodriguez inquired whether the CRA should reimburse the City for the legal fees. 11 Minutes Agenda Preview Conference Boynton Beach, FL May 11, 2007 Lisa Bright, CRA Executive Director, advised she was aware the CRA paid some of the fees, and it was her understanding the CRA would be responsible for these fees. XIV. ADJOURNMENT There being no further matters to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:58 a.m. CITY OF BOYNTON BEACH Ja I~k n ~ ~_~ }>If Stepha e D. Kahn , ----\ ATTEST: .....-=::::::~ 12