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Minutes 07-01-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 1, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Woodrow L. Hay, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez Mayor Taylor called the meeting to order at 6:29 p.m. Commissioner Hay gave the invocation. Commissioner Ross led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross inquired if Chief Bingham was acknowledged for being selected for a fellowship at Harvard University. She expressed this was a competitive process for fire chiefs, and the fellowship was a two to three week program. Chief Bingham was among the few fire chiefs to be selected. The City was very proud of Chief Bingham. Mayor Taylor explained a resident spoke at the last meeting regarding the inability to purchase alcoholic beverages until 12 noon or 1 p.m. on Sunday. This was a Boynton Beach Ordinance and after brief discussion, the City Commission would revisit this Ordinance in the future. Mayor Taylor advised Governor Crist visited West Palm Beach to sign new Anti-Gang legislation which would be a good tool to assist police forces. He attended the signing and appreciated 1 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Governor Crist's work on the bill. The gang problems were not just in the City. He noted of the 11 individuals recently arrested, who were top members of one gang, not one of them lived in Boynton Beach. It was recognized non-residence of gang members still affects all cities and it emphasized the need to work cooperatively. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: Mayor Taylor advised the Fourth of July celebration would be at Intracoastal Park from 6:30 p.m. to 9:30 p.m. There would be free transportation from the Bank of America. No pets or personal fireworks would be permitted, but there would be a live band and the fireworks would commence at 9:00 p.m. B. Community and Special Events: None C. Presentations: 1. Proclamations a. Recreation and Parks Month - July, 2008 Mayor Taylor read the proclamation declaring July as Recreation and Parks Month and praised the Department for its efforts. Wally Majors, Recreation and Parks Director, was present to accept the award. 2. Presentation by Gary Solomon of the Sand Sifters regarding the All American Cleanup. Gary Soloman distributed tote bags to the City Officials, introduced Robin Halasz from the Sand Sifters and provided an update on the cleanup efforts. He showed the Commission the Sand Sifters new logo and advised they changed the monthly July cleanup date to July 5. They had been conducting the cleanups on July 5th for three years and it was their experience they cleaned a lot of spent fireworks and broken bottles. The event was sponsored by Toms of Maine, a natural toothpaste company, who donated funds to purchase tee shirts. He showed a picture of a river cleanup and explained Tom's of Maine provided a million dollars throughout the country for these types of efforts. The Sand Sifters were based at Oceanfront Park. The Forgotten Soldiers was a group of soldiers to which the Sand Sifters requested their volunteers donate. He advised in the past they collected hundreds of pounds of donated merchandise and they do a huge project with the Community Caring Center. In August, the Sand Sifters would be holding Turtle Talk and Environmental Resource Management (ERM) would teach about turtles. September was their National Public Lands Day 2 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 event, Be Green Halloween Clean was a project they would be working on with the Recreation and Parks Department and which concerned having the community participate in the costumes and decorations for Halloween. It was announced there would be a food drive in November and a Toy Drive in December. Mr. Solomon explained they had, on average, about 150 volunteers per month and the cleanup effort was doing well. This emanated from the Be Green Start Clean campaign that was introduced and which entailed going to the County and encouraging monthly cleanups throughout the County. Presently there were only two major cleanups in the County and they were acting as catalysts for others. County Commissioner Mary McCarty donated $1,200 for the Be Green Halloween Event at Oceanfront Park and tee shirts designed by Robin Halasz would be made. The Town of Ocean Ridge donated $1,200 and would be supplying tote bags for beach towels and water. The Sand Sifters received two awards; the first was from South Florida Magazine's Kids Crown Award for "The Best Place to Volunteer with your Kids." They also received from Palm Beach County the "Distinguished Community Volunteer Team Award." Additionally, he advised Channel 20 would be doing an hour-long special on the Sand Sifters. A representative from the County would be present as would Wally Majors. The episode would showcase what Boynton was doing. Mr. Solomon advised they were closely monitoring the results of the dredging that recently occurred and he reported they found a lot of glass and plastic bottle tops. They were also monitoring the effects of the sewage that was being piped a mile out at sea. Mayor Taylor advised the sewage was stopped. Mayor Taylor thanked him for his efforts. Commissioner Ross thanked him for taking the lead. 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> Victor Norfus, 261 North Palm Drive, announced there would be a State and County Candidate Debate on July 25 in the Boynton Beach City Chambers. He also read in the newspaper there was a vote concerning the CRA board appointments and he questioned whether the present CRA Board would continue to serve and at which meeting the vote was held. Mayor Taylor explained the article was inaccurate. Mr. Norfus explained they needed greater community participation and by the City Commissioners acting in dual capacities, there was no oversight. He questioned CRA purchases and trips and explained there was no opportunity for input. He thought expanding the CRA district was designed more for increasing the tax base than was for developing neighborhoods. 3 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Herb Suss, 1711 Woodfern Drive, agreed with Mr. Norfus' comments. He questioned a recent agreement made between the CRA and City Attorney Cherof. He explained the agreement was signed by the Mayor and Mr. Cherof on June 10th, and was not witnessed. He inquired when the decision was made to hire Mr. Cherof as the CRA Counsel and thought doing so was a violation of City Charter. It was explained to Mr. Suss the decision to hire Mr. Cherof was made at a recent CRA meeting and since the CRA was an independent body, the agreement would not come to the City. Mr. Suss requested a report from the Ft. Lauderdale, St. Louis and Canada trips for the CRA members. Mayor Taylor advised the request should be made to the CRA board at the CRA meeting. He questioned a comment about a vote of 3-2 regarding appointing citizens to the CRA and inquired out of a seven member board how it would be known a vote would lose by 3-2. Mack McCray, 806 NW 4th Street, explained he requested a transcript and received a CD about the vote, but the comment was not on the CD. He also appreciated the City's efforts regarding gang violence. He wanted to know what could be done to get a handle on gang violence in District II. The drug activity was out of hand, and he noted previously police were posted in Cherry Hill. He reported Cherry Hill needed attention. Commissioner Hay agreed activity in District II appeared to have increased and announced the Police Department has been working cooperatively with him. He met with a group in the community and with the Chief to express his concern. He was pleased with the response. He acknowledged the drug problem was on the rise and he advised he was working with two neighborhood organizations and would be happy to meet with any organization about the issues. Commissioner Hay also agreed to meet with Mr. McCray about the issue. Mayor Taylor explained locally, when an illegal activity occurred, the individuals were apprehended as opposed to other areas. He advised with the new legislation and the RICO Act, there were now very strict, tough laws to put individuals away Tom Brandt, 7270 Chesapeake Circle, read a statement pertaining to traffic and the Police Department. He explained the economic environment was not good and during a recent Boynton Beach Police Department sting, three lanes were blocked on Congress Avenue and dozens of cars ticketed in a school zone, with the school light on when school was let out. In this instance the ticket was $310. He felt government was using the Police Department to extort money. He advised the ticket had the wrong car color description. He read a quote from the law and advised the Boynton Beach sign violated the state law. He thought it was corruption and it destroyed the public confidence in local government and the police. Dr. Martha Meekslight, 225 NW 6th Avenue, spoke about the CRA and announced she did not see this board doing any better than the prior board but explained the members said they would consider putting citizens on the board or expanding the board. She thought it was doing the community a disservice to not have community members on the board and she asserted the members felt the community members did not have the capability to properly sit as board members. She wanted to know how the item could be put on the agenda. Mayor Taylor explained the City Commission determined the composition of the CRA membership. Additionally, he explained nobody had indicated to him what they would do differently. He 4 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 explained the CRA was supposed to revitalize areas and he agreed with that concept. The funds come from developers and he explained he keeps hearing they were not doing enough. From October 2007 to May 2008 the CRA spent $16,711,225 in the Heart of Boynton, which came from development established along Federal Highway. He explained he thought they were doing a great job, and next year there would be more revenue coming in. He explained the money had to be raised for revitalization to take place. Dr. Meekslight explained the residents just wanted input, and some individuals wanted to be part of the board. Mayor Taylor explained any board member could ask for the item to be put on the agenda. Dr. Meekslight explained she would try to speak with other board members. Mayor Taylor advised he welcomed any comments. There were no other comments received. V. ADMINISTRATIVE: A. Accept the resignation of Frank E. Lindsay, an alternate member of the Recreation and Parks Advisory Board. Motion Commissioner Weiland moved to accept the resignation of Frank E. Lindsay. Commissioner Ross seconded the motion that passed unanimously. B. Appointments Appointment Length of Term To Be Made Board Exoiration Date II Hay Arts Commission Reg 3 yr term to 12/08 I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2) Weiland Cemetery Board Reg 3 yr term to 12/08 Tabled (2) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 IV Ross Community Relations Board Alt 1 yr term to 12/08 Tabled (2) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2) 5 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Motion Commissioner Hay moved to move the Board Alternate Anderson Slocombe to a regular position on the Arts Commission. Commissioner Weiland seconded the motion that unanimously passed. Commissioner Weiland tabled his appointments. Motion Commissioner Ross moved to appoint Jamie Latour to the Code Compliance Board. Vice Mayor Rodriguez seconded the motion that unanimously passed. Commissioner Ross tabled her appointments. Motion Commissioner Hay moved to table the appointments. Commissioner Weiland seconded the motion that unanimously passed. Vice Mayor Rodriguez explained in the future, it would be helpful to have the name of the alternate that was in place. Commissioner Ross explained some individuals did not wish to be appointed as alternates. There was agreement the advisory board application form would be changed to reflect that option. 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 1. Regular City Commission - June 17, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid #089-2110-08/0D to Saturn of West Palm Beach, for $338.56 per month, per vehicle for a total expenditure of $28,439/year. (Proposed Resolution No. R08-065) (Tabled to June 17, 2008) (Request tabling to July 1, 2008) 6 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 2. Approve the purchase of 7 Ford Focus sedans from Duval Ford from the Florida Sheriffs' Association Bid #06-14-0821 at $11,079 each, total not to exceed $77,553.00. Mayor Taylor pulled Item B2. 3. Approve award of "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID #088-1412-08/JA, to various vendors with an annual estimated expenditure of $60,000. 4. Approve award of "CO-OP CHEMICALS AND FERTILIZER" BID #051- 1411-08/0D to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications with an estimated expenditure of $53,429.43 5. Approve and authorize the execution of Task Order No. U08-14-09 for $343,965 to Mathews Consulting, Inc. to provide professional engineering services for the Rolling Green Stormwater and Water Main Improvement Project. Additionally, approve an owner's contingency of 10% in the amount of $34,400 for a total budget appropriation of $378,365. (Proposed Resolution No. R08-074) Mayor Taylor pulled Item B.5. C. Resolutions 1. Proposed Resolution No. R08-075 RE: Approving and authorizing execution of an Interlocal Agreement for Law Enforcement Services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administration of the Manatee Protection Conservation Program. Mayor Taylor pulled Item c.1. D. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's One Year Action Plan for FY 2008/2009. Mayor Taylor pulled Item D. E. Approve event funding for The Intergenerational Gathering to be held on July 19, 2008. Mayor Taylor pulled Item E. 7 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Motion Commissioner Hay moved to approve the consent agenda less the items pulled. Commissioner Weiland seconded the motion that unanimously passed. VI.B.2. Approve the purchase of seven Ford Focus sedans from Duval Ford from the Florida Sheriffs' Association Bid #06-14-0821 at $11,079 each, total not to exceed $77,553.00. Mayor Taylor explained the item was pulled due to a change in the charge. City Manager Bressner explained there was a minor change in the pricing of the unit. There was a $350 charge for the side airbags which brought the unit price to $11,429 each. The extended price was $80,003, and the savings to the City with the acquisitions being in lieu of the prior lease arrangement, would be about $43K instead of $45K. Commissioner Hay inquired about the gas mileage. Matt Immler, Police Chief, explained the vehicles had good mileage and were among the best in their class. The cars were for Citizens on Patrol and the funds came from forfeiture funds. Motion Commissioner Hay moved to approve. Vice Mayor Rodriguez seconded the motion that unanimously passed. VI.B.5. Approve and authorize the execution of Task Order No. U08-14-09 for $343,965 to Mathews Consulting, Inc. to provide professional engineering services for the Rolling Green Stormwater and Water Main Improvement Project. Additionally, approve an owner's contingency of 10% in the amount of $34,400 for a total budget appropriation of $378,365. (Proposed Resolution No. R08-074) Mayor Taylor noted the item was to approve a task order; however, the entire project was $4,760,000. He asked if it was all approved. Mr. Bressner explained the project would be rebid, and an estimated cost had been provided. It was hoped that with current construction costs, the pricing would be reduced and it was estimated the project would take 20 months to complete. The item would come back to the Commission for a recommendation in the form of a bid award for the contractor. Mr. Bressner explained the issue was put on hold because the City wanted to wait until the bond issue had been approved and the rate revision was made before moving forward. Motion Commissioner Hay moved to approve. Vice Mayor Rodriguez seconded the motion that unanimously passed. 8 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 VI.C 1. Proposed Resolution No. R08-075 RE: Approving and authorizing execution of an Interlocal Agreement for Law Enforcement Services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administration of the Manatee Protection Conservation Program. Mayor Taylor inquired if the services provided would be in addition to the regular patrol functions of the police unit, or whether more officers would be needed. Matt Immler, Police Chief, explained it meant when the unit was out on patrol, they would keep an eye out for manatees or injured manatees and would ensure the speed limits for manatee areas were enforced. The agreement would pay for the gas of the boats. The hours of patrol were from 6:00 a.m. and 6:00 p.m. and regular patrol shifts were between those hours for eight hours, therefore no overtime would be paid. Motion Commissioner Ross moved to approve. Commissioner Weiland seconded the motion that unanimously passed. VI.D. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's One Year Action Plan for FY 2008/2009. Mayor Taylor inquired how the review committee members were selected. Octavia Sherrod, Community Improvement Director, responded there were no stated requirements for individuals that reviewed the proposals. Normally there was so much material to read, she tried to utilize individuals in the community who had time to read the proposals or who had experience in the past with the process. There was discussion regarding the R.M. Lee Community Development Corporation, and Mack McCray, who was in the administrative branch of the church which founded the CDC. It was observed representatives from the other organizations did not serve on the review committee and it was thought more impartial individuals should be utilized. Commissioner Hay noted the church and the R.M. Lee CDC were two separate entities. Mr. McCray was a clerk with the church. Ms. Sherrod explained if there was a concern, his scoring could be invalidated and they could rely on the other individuals who were involved in the process. It was more expedient to use individuals who provided the service in the past and she advised all of the agencies who made a request were funded. Commissioner Hay explained the CDC was a 501 C (3) corporation and was separate from the church. Ms. Sherrod was currently also a board member serving on both the R.M. Lee CDC and the Boynton Beach Faith Based CDC boards. Mayor Taylor thought it would avoid the appearance of impropriety if individuals did not have liaisons with the organizations. He 9 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 commented all of the organizations provided good service but the Community Caring Center was closest to the poorest individuals in the community. Their funding request was for $60K and they received $55K. Ms. Sherrod explained the process and percentage of funding that could be used for public service. One funding request was for the Community Caring Center for $55K, another was from AVDA and another from the City Recreation and Parks Department. Only 15% of the funds could be used for public service and that amount totaled nearly $79K. Those funds were divided between those three agencies. The other activity that was proposed by the Community Caring Center was for economic development and did not fall under the public service proviso. Consequently, that request was not funded. Mayor Taylor noted the R.M. Lee CDC budget showed the project manager line item was $20K and this year was $35K. Ms. Sherrod explained the executive director position for this year had been vacant, and consultant services were used. The administrative program assistant salary was reduced and the program consultant was eliminated, which made up for $9K for the executive director. Ms. Sherrod noted the budget was a proposed budget, and if approved, when the contract was ready, they would have reviewed and determined what was eligible and what the budget really was. Motion Commissioner Hay moved to approve Item D. Commissioner Ross seconded the motion that unanimously passed. VI.E. Approve event funding for The Intergenerational Gathering to be held on July 19, 2008. Mayor Taylor inquired about the budget of $9,658. He noted the City Commission provided $4K and requested confirmation the balance would be taken from City funds. City Manager Bressner explained at the time the agenda item was prepared, $lK was obtained from another funding source. Vice Mayor Rodriguez explained the discrepancy was the City Commission was advised the budget was $4,500, and instead the City would be responsible for funding the entire event. Commissioner Weiland expressed it should be the responsibility of Neighborhood Services to find sponsors for the event. Thelma Lyons, Neighborhood Services, provided an update of the budget and distributed the list of sponsors; however, there were still funds needed in an amount just under $3K. The additional funds would be taken from Neighborhood Services funds. The total budget was $9,600 as opposed to $6,600 from last year. Chief Immler explained as of June 24, 2008, Neighborhood Improvement had a budget of $23,270 and a total budget, including salaries, of $49,961. 10 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Motion Commissioner Weiland moved to deny Item E under Consent Agenda. Mayor Taylor passed the gavel to Vice Mayor Rodriguez and seconded the motion. The motion failed 2-3 (Commissioners Hay, Ross and Vice Mayor Rodriguez dissenting.) Motion Commissioner Hay moved to approve Item E. Commissioner Ross seconded the motion that passed 3-2 (Mayor Taylor and Commissioner Weiland dissenting). Vice Mayor Rodriguez suggested the event be organized better for next year, and stated he thought the Commission was misled. While he did not wish to punish the function, better clarity was needed as it pertained to public subsidy of functions. Chief Immler, took responsibility for the matter. When he reviewed the budget, which had been an ongoing item, there were funds for it. He explained that budget would be closed out next year with a balance in it. The quality of the event was not questioned, only the communication regarding the fiscal aspects. Chief Immler agreed to supply a report after the event that depicted a breakdown where the monies were spent. Conversely, it was noted for an item under $10K, there was a detailed accounting of incoming funds received. It was also noted that there would be no funds available for the event next year and the organizers should commence planning for the event as early as possible. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None. IX. CITY MANAGER'S REPORT: A. Review Staff Report - Annexation of Enclaves (Tabled on February 19,2008) Motion Commissioner Weiland moved to remove. Commissioner Hay seconded the motion that unanimously passed. 11 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 City Manager Bressner explained this item was an informational item only. The City had spent a great deal of time reviewing the costs for annexing the enclaves and each enclave had its own circumstances associated with it. Lori LaVerriere, Assistant City Manager, explained this was a preliminary discussion item to consider a request to annex enclaves totaling about 16 acres of land. Staff had communicated with the County over the past several months. She requested Mike Rumpf, Planning and Zoning Director, present an overview of each enclave and address service capabilities. Staff was looking for direction whether the City was interested in moving forward with annexing some, all, or none of the enclaves. She pointed out, notice was not provided to property owners because they wanted to receive direction, and contingent upon that direction, they would move forward with an interlocal agreement, if needed, and provide proper notice to property owners for comments. Mike Rumpf, Planning and Zoning Director, reviewed a PowerPoint presentation and maps which identified adjacent uses, subject uses and proposed zoning for the enclaves. A copy of the presentation is included with the meeting materials available in the City Clerk's Office. He explained the item and announced State law allowed for annexation of unincorporated enclaves under its definition of size, boundaries, and development status. Mr. Rumpf presented each enclave and the costs, sizes, uses and issues associated with them. In 2004 and 2005 rezoning parcels in a phased application process to make them compatible with the surrounding areas had been discussed. Rod Feiner, Attorney with Coker and Feiner, 1404 S. Andrews Avenue in Ft. Lauderdale, representing a property owner, explained there were legal concerns with Enclave 1, and the property did not meet the definition of an enclave and therefore could not be annexed. Additionally, there was an annexation history associated with the request, and the County Commission previously rejected the request and indicated a separate annexation agreement should be entered into between the City and the property owner prior to annexation which did not occur. He pointed out when the land was developed, improvements would be made at the property owner's expense. Mayor Taylor was not in favor of moving forward with any annexations in light of the present economic environment. Mr. Bressner explained the City had not completed discussions with the County's Neighborhood Improvement Program to determine whether there were monies to fund the improvements. Commissioner Hay suggested exhausting all avenues first before deciding whether to move forward. It was noted the time frame associated with identifying funding for Enclave 2 would be approximately 12 to 18 months. There was no future CDBG funding available for the improvements, and they would pursue community revitalization funding. The other enclaves did not present many serious issues, although there was a billboard on one of the enclave properties. Enclave 4 wanted to voluntarily annex, which could be moved forward if the resident initiated a petition on his own, and the owner would seek similar zoning as existed on the property to the north which was C-4 and C-3 for properties to the west of US 1. Enclave 5 did not entail a cost to the City; however, Attorney Cherof noted the County's position 12 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 to date was the annexations were a package deal, and the City had to accept all of the enclaves or none at all. Mr. Rumpf clarified, staff was aware of the history of the properties. At one time, there were 11 different enclaves and this parcel owner was the only property owner who opposed the annexation. It was recommended that enclave be withdrawn so they could move forward with the 10 other enclaves. Staff and the County interpreted that unincorporated and unimproved parcels were part of the criteria needed to annex, and that was the interpretation they moved forward with. Attorney Cherof acknowledged it was a gray area and there was no interpretation in the court system or through the Attorney General's office making that interpretation. The County's position was strong that it was subject to annexation and it could be annexed through an interlocal agreement between the City and the County. He recommended if the City pursued the matter in that regard, that within the agreement, it would be the County's obligation to argue with Mr. Feiner over the matter. Commissioner Hay thought it would be worthwhile continuing to review the matter. Mr. Bressner would check with the County for funding for Enclave 2 and it was agreed the City would suspend discussion of the other annexations until they received an answer for Enclave 2. Vice Mayor Rodriguez had a question about the tax revenues generated by the annexations, and it was explained the figures were calculated on a yearly basis. Vice Mayor Rodriguez left the dais at 8:22 p.m. There was a brief discussion about mutual aid. The County was responsible for providing and paying for Sheriff, Fire, Code Enforcement and other governmental related services either directly or through contracted services to the properties Attorney Feiner requested if the item was brought forward for an update that did not require public notice, that staff notify him. The City agreed to do so. x. FUTURE AGENDA ITEMS: A. Consideration/Adoption of Tentative Millage Rate - July 15, 2008 B. Boynton Terrace demolition liens and request for release of liens - July 15, 2008 C. Budget Workshops - July 28-29, 2008 - Library Program Room D. Boundless Playground/Non-Profit SOl(c)(3) Foundation - August 5, 2008 E. City Hall Chambers BBTV Upgrades CIP Project - August 5, 2008 13 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 F. Electronic Agenda Comparative Cost Analysis - August 5, 2008 G. American Assembly Implementation Recommendations - August 19, 2008 H. Budget Public Hearing to Adopt Proposed FY 2008/09 Budget (1st Hearing) - September 9, 2008 I. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008 J. Budget Public Hearing - Adoption of FY 2008/09 Budget (2nd and Final Hearing) - September 16, 2008 K. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 Mayor Taylor requested two items be added as future agenda items. The first item pertained to bulk trash pickup, when to put it curbside, and by placing it curbside before the designated pickup day, there would be a $50 charge incurred by the homeowner. He clarified his statement that he was not opposed to the pickup, but had issues with the charge. Vice Mayor Rodriguez returned to the dais at 8:26 p.m. Mayor Taylor explained the timing of the designated pickup as it correlated to the weekend when most individuals did their yard work was problematic. He requested this item be reviewed and believed there would be many calls received when homeowners saw the additional $50 charge on their water bill. The next issue to be reviewed pertained to the towing companies that were retained by the City on a rotation basis. He explained a recent letter indicated if the towing companies wanted their contract renewed, there should be no cost to the City. Mr. Bressner explained there was a second letter that was issued due to the first letter being interpreted the way Mayor Taylor had understood it. Mr. Bressner would supply the information as soon as possible and before the towing item would be heard on August 19th. Jeff Livergood, Director of Public Works and Engineering, acknowledged Mayor Taylor's concerns regarding the bulk pickup. He clarified the 6:00 p.m. the day before pickup requirement had always been in place. It was not that they were going to impose the $50 charge on individuals who placed their garbage curbside a bit earlier or had a small pile of yard waste, it was the move-outs and large piles of debris or trash that would sit for days on end that would be subject to the charge. He suggested taking a wait and see position and anticipated they would receive feedback from the community, both positive and negative. Mayor Taylor explained in the multi-family units, individuals would leave items they no longer wanted in the trash before moving out. Mr. Livergood explained those assessments would be sent to the landlord. As it pertained to single-family units, since bulk pickup was moved from 14 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Tuesday to Friday, the material would be out all week. The debris being placed curbside on a Tuesday would be a trigger. The idea was not to have the debris out that long. Vice Mayor Rodriguez agreed most individuals do yard work on the weekend. He inquired if the bulk pickup could be scheduled earlier in the week. Mr. Livergood explained it could not be accommodated. Mr. Bressner acknowledged for those individuals whose bulk pickup day was now moved to Friday, where previously they did their work on the weekend, it was a double inconvenience and were now subject to the $50 fee which should be reviewed. The size of the pickup was mentioned, and Commissioner Hay explained landscape businesses could dump their debris, and the charge be assessed to landlords. Mr. Livergood acknowledged the concern and explained it was discussed but with the alternatives they had, there was no solution, only the goal to provide a quicker and timely pickup so the community looked better. There would be negative aspects associated with it and it was up the Commission to decide what to accept for community appearance and how much they would require the citizens to abide by the rules. XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. Proposed Ordinance No. 08-013 RE: Amending Ordinance 89-38 amending the Future Land Use Element of the Comprehensive Plan for a parcel owned by Charles S. Cook and Alice Snow, and located at 506 and 510 Northeast 3rd Street; changing the land use designation from General Commercial (GC) to Industrial (I). (City Towing LUAR 07-003) Attorney Cherof read Proposed Ordinance No. 08-013 on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-013. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 15 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 2. Proposed Ordinance No. 08-014 RE: Approving the application of Dave Beasley, amending Ordinance 02-013 to rezone a parcel of land located at 506 and 510 Northeast 3rd Street, from General Commercial (C-4) to Industrial (M-1). (City Towing LUAR 07-003) Attorney Cherof read Proposed Ordinance No. 08-014 on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-014. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 3. Proposed Ordinance No. 08-015 RE: Authorizing abandonment of a 10 foot wide alley, located between and adjacent to Lots 46 and 47 of the Arden Park Addition to Boynton, subject to staff comments. (City Towing ABAN 07-002) Attorney Cherof read proposed Ordinance No. 08-015 on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-015. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING FIRE ASSESSMENT 1. Presentation by GSG, Inc. of the assessment program. 2. Proposed Ordinance No. 08-017 RE: Approving the establishment of a non-ad valorem assessment to fund fire services. 16 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Attorney Cherof read Proposed Ordinance No. 08-017 on second reading. Mayor Taylor opened the issue for public hearing. Commissioner Weiland left the dais at 8:37 p.m. Camille Tharpe, from Government Services Group, and Kristy Carey from Nabors, Giblin and Nickerson, P.A. were present for the presentation. (A copy of the presentation is available in the City Clerk's Office.) Ms. Tharpe reviewed the Fire Assessment was not a tax although there were similarities and differences. The two case law requirements for a valid special assessment were the services or facilities that would be provided had to provide a special benefit to property and charges that were apportioned must be fair and reasonable. Ms. Tharpe reviewed the uses that could be funded through assessments that were supported by Supreme Court decisions. There were three types of services and facilities that did not provide benefit to properties; rather, they provided the benefit to residents, which could be funded through an assessment. One of those services was a portion of Emergency Medical Services that were provided through the fire department. Service deliveries that required Advanced Life Support with transport had to be itemized and only costs associated with the fire services could be funded, not EMS. Ms. Tharpe reviewed the number of combat personnel, types of apparatus and fire flow capacity which assisted GSG in determining if it met the fair and reasonable apportionment requirement and the case law that determined they could not fund the Emergency Medical Services part of the Fire Rescue Department. Ms. Tharpe reviewed a proforma budget promulgated from last year's adopted budget to determine what portion of the budget was fire related and what portion was EMS related. Once identified, they added costs associated with the assessment program. She explained for fiscal years 08/09, 70% of the budget was attributable to fire costs, or about $l1M. The historical demand was reviewed through the call incident data to determine where the costs for fire services were going. This included any call for service that was not EMS related. Five categories were identified. It was emphasized that whatever budget the City Commission approved, the funding must be commensurately proportioned to the demand for each category of service, i.e. residential, institutional, governmental, etc. The amount of assessment each tax parcel would pay was determined. Every dwelling unit would pay the same rate within the residential category. In the non-residential category, the square footage of the building was used and a rate per square foot determined. Revisions to the City's prior program, which was dedicated to funding capital costs, were reviewed. There was no restriction regarding what could be funded as long as it was related to fire services. This program would fund operating and capital costs and each year, a decision about what part of the budget they would fund would be made. This year only one method of residential classification was created. Using the previous method there were single-family residential and multi-family residential units. They discovered when they calculated the rates and put the two categories together, the rates were the same. For ease of administration and 17 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 because of the result, they had only one residential category. They also eliminated non- residential rates based square foot tiers, and they now would charge based on the square footage of the buildings. Mr. Bressner made a correction to the record wherein it was stated the current assessment was used 100% for capital. He explained a portion of that was for 24 firefighters assigned to new Fire Station 4, and those costs were funded through the assessments. Whatever associated equipment, uniforms or other expenses were covered for those 24 firefighters under the assessment. There was a small operational expense associated with the firefighters that should be reflected. Last years net assessment was slightly over $3M and the rates assessed at 35% would generate about $3.8M. Commissioner Weiland returned to the dais at 8:49 p.m. Ms. Tharpe pointed out there were remaining exemption issues, which were previously in place, that included institutional, non-governmental properties which were churches and not-for- profits that previously were 100% exempted. The issue of exempting governmental property remained and it was noted it was difficult to collect from other governmental properties. It was, therefore, recommended that exemption continue. Nursing home calls had decreased; however, the nursing home rates were still higher than the other non-residential rates. In the past, the City had provided a buydown of the nursing home rate to the next highest category, which was typical. Since direction was given to GSG in May and the Ordinance on first reading was already heard, she advised they prepared the preliminary resolution setting the rates for fiscal years 08/09 and to authorize the City Manager to prepare first class mail notices to property owners. She explained it was determined and out of caution, that in addition to the TRIM notice, the City still mail a first class notice to every property owner. Mr. Bressner requested clarification of the buydown and if other ratepayers paid it or if it was paid for by the fund. Ms. Tharpe explained in order to meet the fair and reasonable apportionment, no other ratepayer would pay more and the property classes would not pay the cost. There was discussion about the budget and the assessment as a tool to help fund the service. The administrative costs of the assessment were reviewed which encompassed a one time study cost of $58K and the annual cost was included in that fee. A one-time first class notice was $38K, and TRIM notices were $22K. The discount for taxes had a 5% statutory discount issue and the tax collector costs combined would amount to about 7%. The annual recurring costs would be about $40K including the TRIM notices after the initial study was done. Vice Mayor Rodriquez questioned why the City would not use ad valorem taxes to fund the services. Mr. Bressner explained when the assessment was established in 2000, there was a class of properties in Boynton Beach that were not paying any property taxes, or virtually no 18 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 taxes. The analysis done at that time showed those properties were receiving the benefits of the service but not paying for it. There were also properties in the CRA not paying property taxes to the City, and the costs for those properties would also increase. This assessment was applied across the board regardless of location or exemption status as it pertained to homestead. He announced it was a more pure way to fund the service. The City could raise its millage rate. A Fire Assessment at 35% means 65% of the costs would be paid for by property taxes or other revenue streams. Barry Atwood, Finance Director, explained the millage rate for 1/10 a mill equated to about $300K to $400K, and would go up about 1 mill, so the millage would go to 7.4%. Vice Mayor Rodriguez thought if the City had to spend the funds, it would go back into the savings. Mr. Bressner explained the direction staff received in May was to keep millage at 6.4%. The millage could be adjusted up to balance the dollars. The City estimated what the roll-up rate would be based on the ability to meet last year's tax extension and that figure was to 7.8%. The issue was an equity issue. Vice Mayor Rodriguez thought it would be misleading the public. It was acknowledged it was a matter of opinion; however Vice Mayor Rodriguez thought the assessment should end this year. Herb Suss, 1711 Woodfern Drive, inquired about individuals who were not paying their portion of the tax, and whether they would pay the assessment now. It was explained everyone paid the assessment fee. He inquired as a homeowner if the rates were comparable to last year's, and it was explained using the 35% funding level, it would be slightly less. It was noted a lesser rate could be used, but based on the figures, the 35% was the minimum amount that could be used. Beverly Agee, 832 SW 33rd Place, was in favor of the assessment and indicated if the public was advised they were removing the fire assessment and raising the millage rate, the individuals would not perceive the issue in the same way. She advised individuals would pay a fire assessment, and the economic environment precluded doing away with the assessment. She thought the funds were needed for fire protection. Two municipalities, including Boynton Beach, had the assessment; however, in Broward County, every jurisdiction utilized the assessment. Dom Desiderio, 2755 South Federal Highway, advised he was not against the fire assessment, only against the apportionment. He requested verification that all commercial establishments would pay the same rate of $.22 cents per square foot. It was clarified there was still a cap. Mr. Desiderio explained if there was a tier, and the cut-off of the tier was SOK square feet, he felt the large property owners were being protected and were in a better position to pay the fee and there was not a fair share. Ms. Tharpe explained the rates for non-residential structures were based on square footage, and no longer on the tiered basis they had before. To meet the fair and reasonable requirement, there was a point of time and size of structure designated that was specific to Boynton, and that once met, meant the benefit no longer inured to that property. The Fire Department has only so much fire flow capability and when that point in time was met, there 19 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 would no longer be a benefit to the building, because the Fire Department would not be able to protect it in the same way. That footage designation was no longer 50K square feet. Based on the NFPA, the new cap was 77,001 square feet. The square footage was counted up to the 77,001 threshold and charged at the same rate as a small building. The additional square footage is not charged because it would not receive the same benefit. She clarified within the mall, each building may be an individual tax parcel and they use the Property Appraiser to determine what is a parcel. Mr. Desiderio disagreed and interpreted the comments, likening them to if a 400K square foot building was on fire, the Fire Department would fight 77,001 square foot of the structure and let the remainder of the building burn. Ms. Tharpe responded that was not what they said. Mayor Taylor originally was opposed to the fee, but advised the public was in favor of it. Due to the assessment, the fire stations were constructed and the service time to respond was shortened. Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1 (Vice Mayor Rodriguez dissenting.) 3. Proposed Resolution No. R08-076 Assessment Rate RE: Approving the initial Fire Attorney Cherof read proposed Resolution No. R08-076 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion that passed 4- 1 (Vice Mayor Rodriguez dissenting.) 4. Authorize the execution and acceptance of the Government Services Group, Inc. quote in the amount of $38,912 to provide the necessary services for the first class mailing of notices to all property owners regarding the proposed FY 2008/2009 Fire Assessment Program and authorize the use of Commission Contingency funds until such time that a Fire Assessment Budget has been approved and adopted. 20 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Mayor Taylor read the item and asked for a motion. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion that passed 4- 1 (Vice Mayor Rodriguez dissenting.) C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-018 RE: Approving the amendment to Ordinance No. 07-034 amending Chapter 26, "Water, Sewers and City Utilities" as it pertains to the payment of Water and Sewer Capital Facilities Charges. City Attorney Cherof read Proposed Ordinance No. 08-018 on first reading by title only. There were no comments received. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 08-019 RE: Approving the City's participation in the Florida Retirement System Pension Plan for the City's Elected Officials, creating a new Article X of Chapter 18 of the City Code of Ordinances, entitled "Pension Plan for Elected Officials," by creating a new 918-240, entitled "Creation and Maintenance of Pension Benefits," authorizing the appropriate City Officials to do all things necessary to effectuate the intent of this Ordinance. City Attorney Cherof read Proposed Ordinance No. 08-019 on first reading by title only. Commissioner Weiland inquired how far back and how much credit for past service would be included. That information would be provided at the second reading. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. 21 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: 1. RECESS FOR CLOSED DOOR SESSION: BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN. In attendance is the City Manager, City Commission, City Attorney James Cherof, and Assistant City Attorney Michael Cirullo. Length of time approximately 1 hour. This closed door session was requested by the City Attorney at the City Commission meeting held on May 6, 2008. City Attorney Cherof explained they would recess for approximately one half hour and at the conclusion of the closed door session they would resume the regular meeting if there were any pending business. The meeting recessed to a Closed Door Session at 9:24 p.m. XIII. UNFINISHED BUSINESS: A. Disposition of BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN If this item was addressed, it was recorded by the Court Reporter. XIV. ADJOURNMENT: The time of adjournment was recorded by the Court Reporter. 22 Meeting Minutes Regular City Commission Boynton Beach, FL. July 1, 2008 ATTEST: 1vl. fJJ ~ Ja t M. Prainito, CMC Ity Clerk " JI...Lt Catherine Cherry Recording Secretary CITY OF BOYNTON BEACH ......-.-.- Ronald Weiland, Commissioner 7-6 ~~/A/r Woodrow L. Hay, Commissioner ->>ii.-4/ Marlene Ross, Commissioner 23 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering ~CC. L1cen.. PROJECT NAME: City Towing Dave Beasley APPLICANT'S AGENT: APPLICANT'S ADDRESS: 2385 SW 13th Terrace, Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1,2008 TYPE OF RELIEF SOUGHT: Request to abandon a ten (10) foot wide alley located between 510 N.E. 3rd Street and 410 N.E. 5th Street, lots 46 and 47 of the Arden Park Addition plat. LOCATION OF PROPERTY: Between 510 N.E. 3rd Street and 410 N.E. 5th Street, east of NE 3rd Street ORAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant, in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APP~t HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The Applicpnt's application for relief is hereby . ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: 7.-.3 -De S:\Planning\SHARED\WP\PROJECTS\City Towing 510 NE3rd Stre EXHIBIT "C" Conditions of Approval Project name: City Towing File number: ABAN 07-002 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING 1. The applicant shall provide evidence of compliance with the request from X Comcast to preserve the existing pole line and provide for any necessary easements as required. Conditions of Approval City Towing (ABAN 07-002) I DEPARTMENTS I INCLUDE I REJECT I 2. 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