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Minutes 12-02-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 2, 2008 AT 6:30 P.M. PRESENT: Jerry Taylor, Mayor Kurt Bressner, City Manager Jose Rodriguez, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Judith Pyle, Deputy City Clerk Woodrow Hay, Commissioner ABSENT: Marlene Ross, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Martin Zlatic - St. Joseph's Episcopal Church (Student) C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Father William Stomski of St. Joseph's Episcopal School, assisted by Ms. Carson Collins, a student, offered the invocation. Mayor Taylor led the Pledge of Allegiance to the Flag and thanked Ms. Collins for her participation. Kurt Bressner, City Manager, presented Ms. Collins with a pin from the City of Boynton Beach. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor announced Commissioner Ross was unable to attend due to a family emergency and asked that several items be tabled until a full board was present. She had requested that all appointments be tabled. Motion Vice Mayor Rodriguez moved to table all advisory board appointments to December 16, 2008. Commissioner Weiland seconded the motion. The motion passed unanimously. Tabling the discussion of the Old High School was also requested by Commissioner Ross. 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Motion Commissioner Weiland moved to table Item IX.C. Consider options on disposal of the 1927 Old High School. Commissioner Hay seconded the motion. The motion passed unanimously. Reconsideration of the recommendation of the Recreation and Parks Advisory Board relating to the Meadows 1jNautica Park and Quantum Park sites was also requested to be tabled. Motion Vice Mayor Rodriguez moved to table Item XI.B. Commissioner Hay seconded the motion. The motion passed unanimously. The last matter requested to be tabled was Item XI.C, Review of City Code provisions for term and selection of Vice Mayor. Motion Commissioner Hay moved to table Item XI.c. Commissioner Weiland seconded the motion. The motion passed unanimously. Commissioner Hay confirmed that all matters tabled would be considered on December 16, 2008. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland mentioned that he realized controlling the heat and air conditioning in chambers was an issue and he had received a complaint from a member of one of the advisory boards regarding the lack of a key for the lock box to adjust the thermostat. He suggested that the City Clerk's office be given a key, so the Recording ~ecretary can adjust the thermostat during board meetings. Mr. Livergood assured Commissioner Weiland that direction had been given to staff to proVide a key to the City Clerk's office. Commissioner Hay advised he had spoken with Victor Norfus, who had previously complained about an issue with rodents invading residences when developers demolished or altered vacant properties. Together an arrangement was made that developers would attempt to trap or otherwise address the rodent issue before work was commenced. 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Mayor Taylor cautioned everyone to be aware of their surroundings during the holiday season to avoid falling victim to crimes. He suggested taking necessary precautions and not store valuables in plain view in vehicles or leave purses in car seats while pumping gas. The Police Department had extra patrols on duty to assist, but the citizens needed to be aware also. Vice Mayor Rodriguez agreed that being observant is important year round and anything unusual should be reported to the Police Department. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Bookers Adult Reading Club - The Boynton Beach City Library will host its second Adult Reading Club starting Monday, December 1, 2008. No meetings to attend! Register at the Boynton Beach Library Information Desk and receive a reading log and free 2009 calendar diary. Read or listen to ten books from December 15, 2008 to April 4, 2009 and complete the log to receive a free Boynton Beach City Library tote bag. Mayor Taylor announced the Bookers Adult Reading Club would be starting December 1, 2008. Registration at the Library was necessary and ten books had to be read between December 1, 2008 and April 4, 2009 to receive a free tote bag. The Club was established to encourage reading. B. Community and Special Events: 1. HOliday Extravaganza - Saturday, December 6, 2008 beginning at 5 p.m. with a parade on Federal Highway, 6:45 p.m. a tree lighting ceremony at the Schoolhouse Children's Museum and then a FREE concert featuring Jon Secada, at 7 p.m. on Ocean Avenue. Parking available at Bank of America with free trolley service to the concert site from 6:30 p.m. to 10:30 p.m. 2. Holiday Boat Parade -- Friday, December 12, 2008 beginning at 6:30 p.m. at the Boynton Beach Inlet south to the C-15 canal south of Delray Beach. Food and beverage vendors will be available. Attendees are encouraged to bring a new unwrapped toy for Toys for Tots. Mayor Taylor noted the Holiday Extravaganza would be held on Saturday, December 6th beginning at 5 p.m. with a parade, 6:45 p.m. a tree lighting ceremony and 7 p.m. a free concert featuring, Jon Secada. The annual Holiday Boat Parade was scheduled for Friday, December 12th beginning at 6:30 p.m. at the Boynton Beach Inlet continuing south of Delray Beach. He urged everyone to bring a gift for the Toys for Tots drive. 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Vice Mayor Rodriguez established some grandstand seating would be available by the pump station at the docks. Lisa Bright, Executive Director of the Community Redevelopment Agency, was unaware of the number of seats that would be available. C. Presentations: 1. Proclamations None 2. Presentation by the Recreation and Parks Department regarding the presentation of the Sand Sifters Volunteer of the Year award to Robyn Halasz. Jody Rivers, Parks Superintendent, indicated the Sand Sifters had been brought to the meeting for the purpose of surprising Robyn Halasz with an award for her dedication and work with the organization. Ms. Halasz had donated thousands of hours working on their website, all their artwork and videos to assist Sand Sifters with their goals. Ms. Halasz was present to receive the first annual volunteer of the year award. Gary Solomon, founder and President of the Sand Sifters, presented Ms. Halasz with a plaque and explained her many contributions to the organization and congratulated her on the award. Mayor Taylor emphasized the importance of volunteering and indicated it was well deserved. Ms. Halasz thanked everyone for her award and advised she did the work because she wanted to and it needed to be done and not for the recognition. She felt the award represented not only her efforts but also all the volunteers who participated and helped. 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> Mindy Stern, Nail Know How, Ocean Plaza, and representing the remaining tenants of Ocean Plaza, requested a revision of the Land Development Regulations, Part 3, Chapter 21 Signs, Article 3 Special Conditions, (f) relating to temporary banners. The current regulations allowed commercial banners to be posted for two weeks during a one-year period, except new businesses could post for a 90 day time period after the issuance of a certificate of occupancy. Due to economic conditions and reduced traffic flow to the area, the businesses were requesting the new business regulations be applied to the established businesses. She suggested the banners be allowed for 90 days within a one year time period, but not necessarily consecutively. The current Code regulations were a hindrance to promoting the downtown businesses. A marquee is present at the entrance to the plaza. Nine businesses have left the plaza over the last year and more flow is needed to maintain the businesses that remain. 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Vice Mayor Rodriguez agreed that the Plaza was not very visible and could easily be bypassed. He inquired if the intent was for a temporary holiday banner and then address the issue City- wide at a later time. Ms. Stern agreed it would be beneficial. Vice Mayor Rodriguez was concerned about competing banners. Mr. Bressner contended any change to the Sign Code should be applied City-wide and not a particular area. In concept, the Chamber of Commerce should review it. Ms. Stern informed the Commission the issue had already been addressed to the President, Glenn Jurgeson. Attorney Cherof would not recommend the Commission suspend enacted ordinances. Perhaps staff could be directed to take a lenient approach on enforcement. Mr. Bressner recommended the usual process be followed to amend the Code City-wide. Mayor Taylor and Attorney Cherof reviewed the history of the establishment of the Sign Code for new businesses. Commissioner Hay understood the need for a long-term resolution, but also favored temporary relief due to the economic conditions and the holidays. Vice Mayor Rodriguez questioned the process that the Community Redevelopment Agency used to post banners. Mr. Bressner assumed that permits were requested and granted. Ms. Stern interjected permits are required for banners and reiterated her intent was to have the Code changed, but would welcome any temporary relief that could be given. Attorney Cherof advised the Sign Code was developed after an extensive amount of work, including public hearings and a few amendments. It is a problematic issue to enforce. He did not recommend legislating on-the-fly or on a case-by-case basis or week-by-week basis. Public notice should be given to allow not only businesses, but also residents to be heard. Vice Mayor Rodriguez indicated he would like more information on the process and the criteria to obtain permits. Commissioner Hay contended these were not normal economic times and warrants re-examining assistance for local businesses to remain in Boynton Beach. It was his hope that some type of temporary solution could be found. Mayor Taylor suggested a 45-day moratorium on enforcing the Sign Code to cover the holiday season. Attorney Cherof advised moratoriums require an ordinance to be established. The directive could be for staff to be lenient on enforcement while the issue is being reviewed. The Code dictates the process. Mr. Bressner opined that at the end of the moratorium there would be requests for an extension. Banners may contribute to a business' success, but not a defining factor in its success or failure. He recommended staff be given a chance to proceed in a systematic manner to determine if the past policy decision needs some parity between new and existing businesses. Mr. Bressner did not agree with a directive to staff not to enforce part of the Code. Attorney Cherof contended it was simply a matter of staff exercising the discretion they exercise every day of the week. Often warnings are given before temporary sign issues were enforced. Attorney Cherof reiterated his preference was to proceed in a formal manner and eventually adopt an ordinance. It would be too speculative to know the complete impact of temporary signs on a case-by-case basis. 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Ms. Stern advocated for all the businesses in the Plaza that banners would bring in business. Commissioner Weiland would have liked the issue to have been brought before the Commission in a more timely fashion. Mayor Taylor noted Ms. Stern's original request to review the Sign Code could be accomplished. Motion Vice Mayor Rodriguez moved to allow businesses within the downtown district to have temporary signs during the boat parade and the holiday parade to take advantage of the influx of residents coming to the area. Mayor Taylor declared the motion failed for the lack of a second. Mayor Taylor indicated staff would look into the issue long term. Mack McCray, 806 NW 4th Street, thanked the Commission for demolishing the property on Cherry Hill. Ridgewood Hill Homeowners Association and the Cherry Hill Homeowners Association were concerned about a timeline for progress to be seen on the now vacant lots and a review of the plans. Mayor Taylor advised he would look into the matter and advise. Mr. McCray also asked for a timeline to finish the work being done on NW 3rd Street with the water and sewer. He contended projects in District 2 did not receive expediency as in other areas. Mr. Bressner responded the Cherry Hill area would be under the Housing Authority and it took six years to get the property demolished. He would investigate the progress. Mr. Bressner would also discuss the NW 3rd Street project with the Utility Department. Herb Suss, 1711 Woodfern Drive, applauded Commissioner Hay for supporting private businesses. Mr. Suss suggested sensitivity training was needed on recognizing other holidays for other ethnic groups and religions. All holidays should be recognized in the future. Commissioner Hay understood the Community Redevelopment Agency would be recognizing those other holidays during the tree lighting ceremony. Mayor Taylor noted the events were referred to as holiday events and not Christmas. Commissioner Weiland recalled the previous year there was a Menorah and a Kwanzaa symbol displayed along with the holiday tree. All literature on the events refers to a holiday celebration for everyone to attend. Victor Norfus, 261 N. Palm Drive, had been told Commissioner Hay had addressed the issue of vermin being displaced during construction and demolition of property. He also thanked Commissioners Hay and Ross for addressing the citizen Community Redevelopment Agency and bringing it before the Commission. Commissioner Weiland had also spoke about the timing of initiating a citizen board. Mr. Norfus wished everyone a Merry Christmas and Happy Holidays. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Appointment Length of Term To Be Made Board Expiration Date IV Ross Arts Commission Reg 3 yr term to 12/11 Mayor Taylor Arts Commission Reg 3 yr term to 12/11 I Weiland Arts Commission Reg 3 yr term to 12/11 II Hay Arts Commission Reg 3 yr term to 12/11 III Rodriguez Arts Commission Alt 1 yr term to 12/09 IV Ross Arts Commission Alt 1 yr term to 12/09 IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 III Rodriguez 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 12/09 I Weiland Cemetery Board Reg 3 yr term to 12/11 II Hay Cemetery Board Reg 3 yr term to 12/11 Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2) II Hay Code Compliance Board Reg 3 yr term to 12/11 III Rodriguez Code Compliance Board Reg 3 yr term to 12/11 I Weiland Code Compliance Board Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3) III Rodriguez Community Relations Board Reg 3 yr term to 12/11 IV Ross Community Relations Board Reg 3 yr term to 12/11 Mayor Taylor Community Relations Board Reg 3 yr term to 12/11 II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/09 II Hay Education & Youth Advisory Board Reg 2 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/10 IV Ross Education & Youth Advisory Board Reg 2 yr term to 12/10 I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 II Hay Education & Youth Advisory Board Stu 1 yr term to 12/09 III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 IV Ross Golf Advisory Committee Reg 5 yr term to 6/13 IV Ross Library Board Reg 3 yr term to 12/09 I Weiland Library Board Reg 3 yr term to 12/10 II Hay Library Board Reg 3 yr term to 12/11 III Rodriguez Library Board Reg 3 yr term to 12/11 Mayor Taylor Library Board Alt 1 yr term to 12/09 IV Ross Library Board Alt 1 yr term to 12/09 III Rodriguez Planning & Development Board Reg 2 yr. term to 12/10 IV Ross Planning & Development Board Reg 2 yr. term to 12/10 Mayor Taylor Planning & Development Board Reg 2 yr term to 12/10 I Weiland Planning & Development Board Alt 1 yr term to 12/09 II Hay Planning & Development Board Alt 1 yr term to 12/09 IV Ross Recreation & Parks Board Reg 3 yr term to 12/09 Tabled (2) 7 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 II Hay Recreation & Parks Board Reg 3 yr term to 12/11 III Rodriguez Recreation & Parks Board Reg 3 yr term to 12/11 IV Ross Recreation & Parks Board Reg 3 yr term to 12/11 Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09 II Weiland Recreation & Parks Board Alt 1 yr term to 12/09 Mayor Taylor Senior Advisory Bd Reg 2 yr term to 12/10 I Weiland Senior Advisory Bd Reg 2 yr term to 12/10 II Hay Senior Advisory Bd Reg 2 yr term to 12/10 III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/10 IV Ross Senior Advisory Bd Reg 2 yr term to 12/10 Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 I Weiland Senior Advisory Bd Alt 1 yr term to 12/09 Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/11 II Hay Veterans Advisory Commission Reg 3 yr term to 12/11 I Weiland Veterans Advisory Commission Alt 1 yr term to 12/09 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/09 IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09 Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09 Mayor Taylor Firefighters' Pension Trust Fund Reg 2 yr term to 12/10 I Weiland Firefighters' Pension Trust Fund Reg 2 yr term to 12/10 Mayor Taylor Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10 I Weiland Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10 (A// appointments were previously tab/ed.) 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 - November 18, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Multi-award for Bid #004-2821-09/JA, "TWO-YEAR BID FOR PURCHASE OF MAGNETIC FLOW METERS", to Classic Controls, Inc. and Endress + Hauser, Inc. to purchase new magnetic flow meters or the City's 24 existing potable water wells and two (2) water treatment plants. The annual estimated expenditure is $100,000. Commissioner Hay pulled item VI.B.1 for discussion. 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 C. Resolutions 1. Proposed Resolution No. R08-140 RE: Approving and authorizing execution of an agreement with Bethesda Healthcare System (Bethesda) in Boynton Beach to provide physician services including new hire and annual physicals, evaluations, lab testing, substance abuse screening and other physician related services for an estimated expenditure of $65,700 annually. The estimated cost savings is $52,000 annually. 2. Proposed Resolution No. R08-141 RE: Approving and authorizing execution of Task Order U04-08-10 to Globaltech, Inc. in the amount of $99,580 to provide professional engineering services to prepare a preliminary design report to increase the capacity of the East Water Treatment Plant to approximately 21.5 to 24 mgd. The cost for this design study is $99,580. Motion Commissioner Weiland moved to approve the Consent Agenda with the exception of Item VI.B.1. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI.B.1 Multi-award for Bid #004-2821-09jJA, "TWO-YEAR BID FOR PURCHASE OF MAGNETIC FLOW METERS", to Classic Controls, Inc. and Endress + Hauser, Inc. to purchase new magnetic flow meters or the City's 24 existing potable water wells and two (2) water treatment plants. The annual estimated expenditure is $100,000. Commissioner Hay recognized the excellent work of the Utility Department and the supply of some of the best drinking water in the County. He questioned if the current meters were inadequate or outdated. Michael Low, Deputy Utility Director, advised some were not functioning properly that could be repaired; others had to be replaced. It was a requirement of the City's consumptive use permit to accurately measure the water taKen from the aquifer. Two companies were being used to cover the specifications of the meters and wells. Some of the flow meters were over ten years old. The new meters would transmit data to the central controls which was not previously done. Mayor Taylor discussed the award was split because one meter worked better on the pumps and the other meters worked better on the wells. Motion Commissioner Hay moved to approve Item VI.B.1. Commissioner Weiland seconded the motion. The motion passed unanimously. 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 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 and accept staff recommendation based on the new Solid Waste collection procedures as adopted on June 3, 2008. Jeff Livergood, Director of Public Works and Engineering, reported changes had been made to the Code involving the collection of solid waste. The first change was prompted by concerns relating to the appearance of the City and the timeliness of pickup of solid waste bulk trash at the curb. The goal was to improve the aesthetics of the Community. The solution was to add an additional $.25 charge to the residential rates and on collection days all trash would be picked up. Staff believes it has worked wonderfully with a better appearance, less phone calls and less negotiations with homeowners. The only concern was those who did not put the bulk materials at the curb on collection dates. A timely collection of those materials was necessary. A $50 charged was considered to offset the cost of going back into a community on a day not designated for collection. Due to problems that arose, the fees have not been collected since August, 2008. Mr. Livergood advised 98% of the homes were complying with the new solid waste schedules. Repeat warnings have been issued to 3% to 4% of the 2% that did not comply with the scheduled pickup days. The lack of citations being issued has contributed to the increase in violations. Staff was recommending the $50 fine be re-instated for those 2% of the homeowners that were not in compliance with the scheduled pickup days. Commissioner Weiland indicated he did have doubts the program would work and had several complaints. However, lately he has received no complaints, although he had seen a few violators. He contended the program was now working quite well. Commissioner Hay inquired if there was any dominate area where the violations were occurring. Larry Quinn, Solid Waste Manager, advised there was not anyone area that had violators. The small percentage of violators is spread throughout the City. The type of notice for a violation was discussed. Mr. Quinn indicated door hangars were being used to notify the homeowner of a violation and when the charge would be assessed. 10 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Mayor Taylor suggested the fine be implemented as of January 1, 2009 and all the current water bills contain a notice of the effective date of the changes. Vice Mayor Rodriguez suggested the notification be that the warning period had expired and fines were now being assessed. Mr. Bressner indicated a rolling cycle could be utilized as the billing dates cycle. Commissioner Hay was happy only 2% were not complying, but noted the figure was rising. Mr. Livergood explained that homeowners were realizing no citations were being issued so continued non-compliance had no consequence. Mr. Bressner thanked the Commission for their support and the residents for adjusting to the changes. Mayor Taylor declared there was consensus to assess the fines for violations. Mr. Livergood continued that working toward a six day collection schedule is based on labor and work force. By more efficiently using both time and equipment on a six-day basis, various pieces of equipment could be replaced and a $190,000 cost savings would be realized. Those savings were transferred to the General Fund budget. The change for residents to a six-day schedule did result in many complaints. Missed days due to holidays are no longer available to be made up. Thanksgiving, Christmas and New Years will be the only days collection will not be scheduled. Commissioner Hay suggested some type of explanation or visual aid be used to describe what an illegal pile would be. Mr. Livergood thought examples of illegal piles could be pictured that contain construction debris or demolition debris. He noted the disposal of those types of debris was the issue and not necessarily the amount of debris. Landscape debris is limited by the ability and size of the equipment needed to collect the debris. Mayor Taylor declared there was consensus to continue with a six-day collection schedule. Bob Brown 701 S. Sea crest, commended Mr. Livergood, but implored the Commission to give the residents more time to adjust to the changes and not implement the plans on January 2, 2009. Mr. Brown recalled debris on the curb for several months after a hurricane. Mr. Bressner strongly disagreed. Mr. Brown speculated many residents just arriving in South Florida for the winter would not be aware of the changes and a delay to March 1, 2009 would be more suitable. Answers to questions and contacts in local government are not communicated well to the citizens. B. Review and provide direction on the status of public and/or private use of the street right-of-way on NE 1ih Avenue that extends into a finger canal of the Intracoastal Waterway presently being used for private boat dockage - (Tabled on September 18, 2008 to December 2, 2008) Motion Vice Mayor Rodriguez moved to remove Item IX.B from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Mr. Livergood recalled the issue regarding NE 1ih Avenue, a designated City right-of-way that extends into a canal. Typically, right-of-ways are public access areas over private property. NE 1ih Street extends into a finger canal. The City's publiC right-of-way was being used to park two privately owned boats, not an intended use for a public right-of way. Liability could become an issue. The issue had been delayed to gather additional public input. A determination has to be made on the appropriate use of the public right-of-way. The options were to keep the right-of-way and determine the appropriate use or abandon the right-of-way. There can be a formal agreement to license the use of a public right-of-way for private use. The City could also keep the right-of-way and totally remove the dock. Research by homeowners and their counsel revealed an old permit issued in the 19805 by the Interim City Manager allowed the owner of the Hemingway property to build a dock within the City right-of-way. A subsequent permit, a year later, allowed for the continued operation of the dock. Mr. Livergood contended the permit was no longer valid because the insurance requirements were never complied with by the property owners, and when the property was sold, the permit would no longer be valid. It was also a revocable permit. The permit did illustrate it was the intent of the City to allow the homeowner to use the dock space. The Mariner's Way Homeowner Association's common ground extends the entire length of the canal and they 3re responsible for the maintenance of one-half the canal. They also determined the use of the dock space. The Hemingway property does not have use of HOA common ground. Steve Constantine has property on the south side and uses the City right-of-way. He does not have a property line that extends to the center of the canal. The Mariner's Village Homeowners Association on the south side has an easement over the canal and is responsible for the maintenance. The individual property lines extend to the center of the right-of-way. The two homeowners at the end of the canal are the only property owners who do not have use of the canal. It would be consistent that both of them retain use of the canal. If the right- of-way were abandoned, the property would be split in the middle and become the property of the owners to the north and south of the right-of-way. Mr. Constantine and Mariner's Way HOA would be the recipients of the abandoned right-of-way. The disposition of the dock on the north side would have to be adjudicated by the HOA rather than the City. Mr. Constantine would have to work with his HOA to be sure the easement extends to the dock. The Hemingway and Constantine properties would then have a situation equal to all other property owners along the canal. Mr. Livergood pointed out if the City retains the right-oF-way, it would have to make a determination regarding the dock usage or removal of the dock. The seawall is owned by the City and needs to maintain ownership to protect and maintain the lift station and infrastructure in the area. Mr. Bressner noted the dock had been replaced by the City as a courtesy, when the utility project was completed. Vice Mayor Rodriguez had visited the site and asserted the Hemingway property had more frontage than the Constantine property, giving the Hemingway property a higher value than other homes in the area. A discussion of the actual property lines ensued. 12 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Commissioner Hay agreed the seawall should be retained and maintained by the City, but anything east of the seawall should be abandoned and the City relieved of any responsibility. Mr. Livergood reiterated the original recommendation was to not enter into any lease agreements and remove the dock. Vice Mayor Rodriguez agreed the property should be abandoned. He was not sure how it should be divided and questioned the value that would be derived from the abandonment. Mr. Bressner noted, if the right-of-way were abandoned, the Hemingways would get 25 feet from the City and would have to address the issue of the 10 or 15 feet that would be encroaching on the common property. Vincent Piazza, counsel for the Hemingways, clarified the Hemingways would not receive a benefit greater than any other property owner if the right-of-way was abandoned and split. Mariner's Way property is a distinct difference from Lake Worth's Mariner's Village properties and subdivisions with separate plats. While other homeowners in Mariner's Way have 24 feet of dockage, the Hemingways have 18 feet of dockage with their lot. The abandonment would make their property consistent with all other homeowners. The HOA has agreed to accept the ownership of the abandoned property and govern it consistent with the other 31 units. Mr. Piazza explained the permit previously mentioned was for extension of the existing dock by 10 to 15 feet to the midway point of the canal. A declaration of covenants and restrictions obtained by the developer in 1986, allowed the dock to be built into the right-of-way. The original plat dictates if the right-of-way is abandoned and no longer used as a road, it became the property of the adjacent property owners to the north and south. Mr. Piazza urged the Commission to abandon the property and make the properties consistent with the remainder of the developments. He indicated the dock is actually owned by the HOA. Michael Weeks, representing Robert and Paula Melley, owners in Mariner's Way, were interested in using the dock and paying for the use of the dock. The dock has value and it is public property at this time. He alleged the permit issued in the 1980s was more of a lease for the dock and the homeowner, at the time, was required to pay a fee and provide insurance. The developer had planned for two other dock spaces in the community that were shorter than the others and included two docks that could be sold. He suggested the property be opened for competitive bidding either in a lease arrangement or selling the property, both providing revenue to the City for the value. Attorney Cherof requested that Mr. Weeks comment on the law suit that had been written about and what, if any, affect it would have on the property. Mr. Weeks commented the individual who first brought the issue to the attention of the City is Vice President of the HOA and any abandonment would benefit the individual. The law suit relates to the other two docks that only attach to community property and addressed the size of the docks. Jim Lusinger, 718-7 NE 12th Terrace, President of the Mariners' Village Homeowners Association, represented the majority opinion of the Board of Directors. He urged the Commission to abandon the land south of the center and east of the seawall to the adjacent homeowner, Mr. Constantine. It would allow continued use of the land as boat dockage similar 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 to other residents of the Village. It would allow the Association to continue maintenance of the canal and common interest docks located in the gated community. Recently $25,000 had been spent to dredge the canal. The City would continue to have full access for maintenance and repair of the lift station and utility easement. Steve Fleck, 650 Mariners Way, President of Mariners' Way Homeowners Association, recommended the right-of-way be abandoned and the dock would become like any other dock over common area with the use of the unit owner. The dock has been in use for many years by the property owner. He noted Mr. Melley currently owns two docks and now wants to buy a third dock. The Association had never sold any community property and never would. It has become a very contentious issue within the community. Bob Brown, 701 S. Seacrest, requested the matter be tabled and conduct a study of the plat. He contended the property on the north is actually owned by the State and Federal Government with proprietory ownership. Under the Marketable Record Title Act, after 30 years, they own the property. The dock was built for the northwest property owners' use. He asserted the Tax Collector was assessing boat docks on the intracoastal, on State land, $4,000 a running foot, but the City would not be taxed. Motion Commissioner Hay moved that the City abandoned the NE 1ih right-of-way from the east line of the seawall to the terminus of the right-of-way. Mr. Livergood interjected it would be appropriate for a motion to direct staff to prepare an abandonment. Mayor Taylor passed the gavel to Vice Mayor Rodriguez and seconded the motion. Vice Mayor Rodriguez developed the fact that there is no public access to the seawall, but the City has restrictive use as a protected piece of property. There would be an easement reserved by the City. General public would not have access to the property due to the lift station. Commissioner Weiland wanted clarification from the City Attorney on the ownership issue and any possible legal implications. Attorney Cherof could not definitively respond. It was anticipated the parties could work out an agreement that would be in everyone's best interest without further research. He would review all the documentation, if necessary, and report back to the Commission, probably in January. If the property were abandoned, the appropriate research would be conducted at that time. The issue could continue to move forward. Any title issues could be found and then resolved before the ordinance is enacted. Vice Mayor Rodriguez called for a vote on the motion. The vote was 2-2 (Vice Mayor Rodriguez and Commissioner Weiland dissenting) Mr. Bressner suggested the matter be continued until the first meeting in January, 2009. Vice Mayor Rodriguez emphasized a lawsuit had been filed also and should be considered. 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Commissioner Weiland was very aware of the situation and wanted to be sure everything was clear before a decision is made. Vice Mayor Rodriguez stressed the use would continue. Motion Commissioner Weiland moved to table to the first meeting in January if the City Attorney is able to do the appropriate research. The vote was 2-2. (Commissioner Hay and Mayor Taylor dissenting) It was indicated Commissioner Ross could ask for reconsideration. C. Consider options on disposal of the 1927 Old High School (This item was previously tabled to December 16,2008) D. Receive and discuss a preliminary analysis of the City's General Fund and the Utility Fund budget to actual results for the fiscal year ended September 30, 2008. Barry Atwood, Director of Financial Services, reviewed the General Fund has a deficit of approximately $2.2 million for fiscal year 2008. It is primarily due to the revenue shortfall of $2.6 million and budgetary savings offset by expenditure savings. The interest earnings are very low and alternatives were being investigated. Savings have included not filling some positions. The Utility Fund had a net deficit of $4.1 million with revenues short by over $6 million. Water sales were less, sewer service was also less and had a similar offset of budget cost savings. Mr. Atwood cautioned there is concern on the outstanding bonds that have compliance requirements for revenue versus expenditures to be in compliance with the bonds. The compliance ratio is very close. Through 2007 the compliance ratio, net revenues to the debt service was 150%. With the additional deficit in 2008 and projected deficit for 2009, the 1.1 % compliance is very close. The rate structure will be reviewed and the findings submitted to the Commission in January, 2009. If the compliance cannot be met, additional monies would not be able to be borrowed to meet the Capital Improvement Plan for the Utility Fund. Vice Mayor Rodriguez noted in 2008 the budget was balanced. Mr. Bressner remarked it was a quarterly snapshot of the status. Mr. Bressner reiterated the first quarter of 2009 will require rate adjustments in the Utility Fund. The State revenue projections continue to decline. Adjustments may need to be made statewide on a quarterly basis. Mr. Atwood indicated monthly projections have been commenced. X. FUTURE AGENDA ITEMS: A. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - December 16, 2008 B. 2008 Recreation and Parks Strategic Plan Update - January, 2009 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 C. Report on cost sharing options for take-home vehicles - January 2009 (In conjunction with continued budget discussions) D. Sustainability Team Quarterly Report - Jan. 20, 2009 E. YVPP Report - Feb. 17, 2009 F. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) G. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum ( Deferred pending future grant opportunities) XI. NEW BUSINESS: A. Reconsideration of the policy direction to staff for the future tow contract model - requested by Vice Mayor Rodriguez Motion Vice Mayor Rodriguez moved to reconsider the policy direction for the tow contract model. Commissioner Weiland seconded the motion. The motion passed unanimously. Vice Mayor Rodriguez had reviewed the motion made and felt mixed signals were being sent with the RFP process. He suggested, due to economic conditions, it may be the wrong time to go out for an RFP. It could be considered in the future; however, presently local businesses are being used and the RFP process will contribute to the decline of local businesses. Motion Vice Mayor Rodriguez moved that the Commission reconsider maintaining the status quo, except the tow companies agreed they would tow anything less than one ton free for the City. Mr. Bressner questioned if the intent would be for addendums to the agreements to modify the terms of the existing agreements to a date certain. Attorney Cherof confirmed it was also his understanding of the motion. He advised the motion should include that it is a temporary extension and for how long. Vice Mayor Rodriguez suggested it be a minimum of one year with the modification of the concessions that were made. Commissioner Weiland seconded the motion. Michael Weiner, on behalf of Craig Goldstein and Westway Towing, recalled the budget was a major concern for the Commission and his proposal would generated $150,000 a year in savings without disturbing the citizens. His proposal included free storage, all tows free and adding in a franchise fee. There would be more jobs brought to the City of Boynton Beach and other businesses that would follow a good towing and storage approach. The service to the 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 public and City would improve. Mr. Weiner questioned why the towing industry was being subsidized and not other service contractors in the City. He stressed the request was only to gather more information with two bid proposals and then make a final decision based on all the information. Vice Mayor Rodriguez corrected Mr. Weiner that there was no subsidizing by the City of Boynton Beach for any tow company. Kevin Pillar, Vrchota Corp, added a franchise agreement would eliminate the issue of storage and many of the tows. With a franchise all tows would be free, the Police Department would have one or two storage facilities and not pay any storage fees. At least $70,000 in towing fees would be saved and a revenue increase of $150,000 to $200,000. Vice Mayor Rodriguez pointed out performance standards are included in the contracts and could result in termination of the contracts. Drew Zuccala, Zuccala Wrecker Service, related he had been providing towing services to the City of Boynton Beach for 32 years. He pointed out the revenues to generate the franchise fee and the cost of all the free tows has to be generated from another asset. He contended the public would be paying the ultimate cost and have little or no recourse on the service. Mr. Zuccala was strongly opposed to the franchise fee and pointed out only companies outside of the City were willing to pay the franchise fee. Commissioner Weiland mentioned other budget cuts could cover the monies that would be gained from a franchise fee. He was in favor of the small businesses and maintaining the current arrangement. Mr. Bressner confirmed that the value of the free tows would generate a savings of approximately $9,500 per year. It would be an improvement from the previous arrangement. The other issue was any increase in the rate for the customer of $135. Ms. LaVerriere indicated there had been a request and discussion of increasing the rate to $1.50, the current County rate. Vice Mayor Rodriguez was not sure he favored passing the cost to the citizens. Ms. LaVerriere noted the rate had not been changed for many years and it should be increased to the County rate capped at $150. The total cost is $240,000 and would increase to $280,000. Mr. Bressner cautioned the figures were only projections. Vice Mayor Rodriguez calculated the companies would lose approximately $10,000 from the free tows and gain approximately $40,000 on the increased rate, shared among the vendors on the rotation list. He agreed an increase may be warranted, but it needs to be balanced with the concession of free tows. Mr. Bressner stressed the negotiations would not include any storage fees or insurance payments. Mr. Weiner offered that with the proposed franchise fee, his client, Westway Towing, would not ask for any increase in the towing fee from the $135. 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Mayor Taylor clarified the extension of a year would commence on the date the new contracts were signed. The matter would be returned to the Commission in January, 2009. The motion passed unanimously. B. Reconsideration of the recommendation of the Recreation and Parks Advisory Boa rd relating to the development of Meadows IjNautica Park site as a neighborhood park and consider the development of the Quantum Park site as an "eco" nature community park - requested by Vice Mayor Rodriguez (This item was previously tabled) C. Review of City Code provisions for term and selection of Vice Mayor - requested by Commissioner Ross (This item was previously tabled) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-033 RE: Approving amendments to existing Chapter 20, Part III of the Land Development Regulations, in connection with, in part, the Community Rating System program (CRS), recent updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property maintenance requirements for the City. Attorney Cherof read Proposed Ordinance No. 08-033 by title only on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-033 on first reading. Commission Weiland seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4-0. 2. Proposed Ordinance No. 08-034 RE: Approving the creation of Chapter 14.5 of the Code of Ordinances to be called "THE BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACT"; and new sections 14.5-1 through 14.5-15 providing for intent and definitions; establishing an enforcement program within the City; authorizing the City to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection. Attornev Cherof read Proposed Ordinance No. 08-034 by title only on first reading. Mayor Taylor opened the issue for public hearing. Herb Suss, 1711 Woodfern Drive, inquired about the cost for the program. Mayor Taylor advised there would be no cost to the City. Mr. Suss concurred with the program and thought it would result in greater safety for everyone. Chief Matt Immler, Police Department, explained the ordinance would simply allow the program to move forward. The intersections or details had not been determined. Vice Mayor Rodriguez suggested the warning notice time be reduced from six months to 60 days. Mr. Bressner supported the suggestion. Mayor Taylor indicated there were two options; one, to go out for an RFP or two, piggyback on another community. Chief Immler contended the warning notice time period may be dependent on the vendor selected. Commissioner Weiland questioned how the money would be split between the vendor and City that could be addressed before any contract is finalized. Mr. Bressner confirmed the specific agreement with the vendor would have to be approved by the Commission. Vice Mayor Rodriguez commented it was not conducive for small business owners because the business owner was responsible for the tickets if a company vehicle was involved. The City would also be responsible for all their vehicles and it could be a challenge to control. Chief Immler remarked it was a Code violation and not a traffic infraction. If the State adopted a statute and it could be upheld as a traffic violation, then the driver would be responsible rather than the owner. An additional level of proof would be required. 19 Meeting Minutes Regular City Commi5sion Boynton Beach, FL December 2, 2008 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-034. Commissioner Hay seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:28 p.m. (Intentionally left blank. Continued on next page.) 20 Meeting Minutes Regular City Commission Boynton Beach, FL December 2, 2008 CITY OF BOYNTON BEACH ;~?r- - A TrEST: 21