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Minutes 12-01-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, DECEMBER 1, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay gave the invocation. Commissioner Ross led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof announced there was a written request from High Ridge Development, New Urban High Ridge LLC, to remove on second reading Items 12.A and 12.8 under Legal. Also Item 6.A should be moved to Legal for reading of the resolution. Mayor Taylor announced the City Manager requested Item 6.0 be tabled for further study. Attorney Cherof requested that Items 12.F and 12.G be switched to hear the fresh water canal issue first. Commissioner Weiland suggested based on discussion of Item 2.A that two additional items be added to the agenda to discuss use of the current City Hall and the sIte and possible scenarios for financing. 2. Adoption 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Request for Reconsideration by Commissioner Ronald Weiland. At the September 14, 2009 City Commission meeting the City Commission approved submittal of a referendum question for the March 2010 ballot regarding funding of a new police facility. Commissioner Weiland has requested that this item be placed on the December 1, 2009 agenda for reconsideration, discussion and action. Motion Commissioner Weiland moved to reconsider Item 2.A. Commissioner Ross seconded the motion. The motion passed unanimously. Commissioner Weiland offered his opinion the Commission was elected to make decisions on behalf of the City, for the citizens and there was no reason to send the issue to referendum. He had spoken to Mr. Comparato and the Commission had heard four proposals to substantiate due diligence and reduce the cost from $36 million to $15 million. The decision was the most fiscally responsible choice. He estimated by moving forward as soon as possible the Police Department could be relocated by September 2010; three months for construction plans, one month for permit review, one month to 45 days for competitive bidding, four months to building out and receive certificate of occupancy. The first nine months would be rent free during construction and the lease would include the first six months rent free with the exception of the common area maintenance. Commissioner Weiland estimated the budget for 2010 would be $141.000 for the maintenance. By doing this, the City would save money and the Police Department would have a new facility they could use and improve efficiencies in the most economical way. He also mentioned by removing the police facility referendum, the Old High School referendum would have a greater chance of success. Motion Commissioner Weiland moved to deny this going forward with a referendum question on the ballot in March and moving forward with negotiations as whether it is a lease or buy and how we are going to fi.nance it. Commissioner Ross seconded the motion. Vice Mayor Hay indicated his previous decision and rationale was based upon the decision to go forward with a referendum and the previous Commission's vision to have the Police Department and Fire Station #5 at the High Ridge location. He still supported 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 City Hall in the downtown area. Based on the current economics, he would support the Police Department in Renaissance Commons. Commissioner Rodriguez disagreed with Commissioner Weiland that due diligen.;e had not been done and he had many questions relating to moving a Police Department into a retail building. He noted Commissioner Weiland had changed his mind from statements made during the budget meetings and he alleged for obvious reasons. The purpose of the referendum was to give the citizens an opinion and vote on tax dollars. His discussion with police officers indicated the police did not want to move to the location. He speculated that those arrested for crimes would be intermingled with restaurant patrons and shoppers. Commissioner Weiland requested clarification of the obvious reasons alluded to by Commissioner Rodriguez in his remarks. Commissioner Rodriguez replied it was common knowledge that Mr. Comparato had made campaign contributions to Commissioner Weiland for the last two campaigns. Commissioner Weiland corrected the statement that contributions were made in only one campaign. Commissioner Rodriguez asserted Commissioner Weiland had related to him that Mr. Colliparato would not make any campaign contributions to his current campaign until the votes were in. Commissioner Weiland pointed out, not only he, but also others had received campaign donations and if offered again he would accept the contribution. His decision wa.~ being made on behalf of the City of Boynton Beach and not on the outcome of his campaign in March. In spite of Mr. Comparato's previous contributions, Commissioner Weiland noted he had voted against two of Mr. Comparato's projects in the past. Mayor Taylor stressed public disclosures had been made before the proposals were heard. He noted the Police Chief had indicated any location would be acceptable. Commissioner Ross added any location of a Police Department would create a rTlerging of criminals and residents, even the current location. Mayor Taylor opened the issue for public comments. .~. Nancy Chandler, 914 NE ylh'Street, liked the proposal to build next to the EQC and Fire Station. It made more sense to build where the City'already owned the land.' ' Cliff Montross, 109 SW 18th Street, agreed with Commissioner Rodriguez. He thought the choice of location was crazy. ' Terri Lonegan, 45 Rutland Lane, President of the Meadows Homeowners Association, did not understand the justification to spend $15 million or $20 million of taxpayer money without a referendum. 'She thought a dollar amount should: factor into wh~th~r a referendum was required or not to be fiscally responsible. Renaissance Commo.!1s with 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 1 , 2009 retail shops was not appropriate for a Police Department. Commissioner Ross indicated she had received calls questioning the need for a referendum. Commissioner Rodriguez reported he had not received any calls on the referendum issue. Jeff Lis, 945 Isles Road, recalled the Commission had previously decided to take the issue to referendum and now one Commissioner wanted the issue reconsidered. The best proposal submitted was presented by the Patrinely Group. Other alternatives may be possible and the voters should be given the opportunity to consider those proposals. He suggested the City Hall move to the Old High School and the Police Department expand into City Hall. Commissioner Ross recollected when the initial decision ,on the referendum was made, further discussion on the issue was included before':a final decision was made. Attorney Cherof clarified a referendum requires an ordinance and the issue would have come before the Commission for two readings of the ordinance before it would be final. Harry Woodworth, 685 NE 15th Place, was delighted it was going to referendum and appalled it now was not. In only 90 days the citizens would decide the issue if .the referendum went forward. Mayor Taylor summarized that everyone agreed the cost was the right decision for the taxpayers and the argument is with the location. He felt confident a referendum would pass because people support public safety. Commissioner Weiland explained he had changed his mind on the referendum because the cost figures were submitted .and the economic climate dictates it is time to move forward. Commissioner Rodriguez asked Chief Immler his preference of the four locations proposed in the RFP. Chief Immler's choice was a free standing building. Vice Mayor Hay maintained the referendum was important to hear the people. Don Scantlan, 13 Cedar Circle. supported the referendum and concluded the decision on the location was made with the understanding that the issue would be going to a referendum vote. Many options were not considered such as maintaining the status quo and no monies spent. The RFP was written for a new building and other c;>ptions may be possible. The options available if the referendum failed were not pursued. Mayor Taylor indicated it was understood the Commission had the option to do nothing with every issue. Commissioner Ross remembered during budget discussions that other projects were delayed to ac,commodate a new police facility. ' 4 Meeting Minutes Regular City Commission Boynton Beach, FL , December 1, 2009 Commissioner Rodriguez recalled the City had taken a stance against taxation of the citizens by removing the police station out of the budget and issuing a referendum. The current plan would tax the citizens again. Dr. Piotr Blass, 113 W. Tara Lakes Drive, commended the Commission for moving forward and the City deserves a new City Hall and Police Department. Many residents also believe a university within the City would be beneficial. ' Mayor Taylor repeated the motion was to not go to referendum and move forward and work on an agreement with Renaissance Commons and the City. Commissioner Weiland and Commissioner Ross agreed with the Mayor's summarization. The motion passed 3-2. (Vice Mayor Hay and Commissioner Rodriguez dissenting) Commissioner Weiland wanted to further discuss possible financing scenarios or leasing packages. Mayor Taylor suggested the City Manager and the Renaissance representative discuss the issues and bring the information back before the Commission. Mr. Sressner only had preliminary numbers. B. Informational Items by Members of the City Commission Commissioner Rodriguez announced after much consideration, collaboration and frustration he had decided to run for Mayor and had filed the necessary papers. The citizens of the City had voiced the need for changes and his executive management experience, along with entrepreneur experience was needed to guide the City through tough economic times. Commissioner Ross offered best wishes to Commissioner Rodriguez. Commissioner Weiland advised he would not comment on Commissioner Rodriguez's statements to him on why he was running for Mayor. Vice Mayor Hay advised he had attended the 49th Annual Legislative Conference in Orlando for Mayors. A great deal of information was shared including the fact Florida would lag behind the rest of the nation in economic recovery. .0;,- Commissioner Ross reported she had been at Intracoastal Park with the. Green Community Alliance to present certificates and Go Green mugs. She thanked Carisse LeJeune and all' the staff members involved. She also announced a dedication ceremony for the sculpture of "When Are You Coming to Visit" on Thursday, December 10th at 5 p.m. at City Hall. The purpose of the sculpture was to bring awareness to the community of the neglect of the elderly. Another Art in Public Places program. wQuld also present the Graffiti Mural Program on Thursday, December 1 ih from 5 to 7 'p.m. at 209 NW 9th Court. . 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Holiday Extravaganza. B. Announce Holiday Boat Parade. Kathy Biscuiti, Special Events Director, announced the Holid~y Extravaganza, on December 5th and the parade commencing at 5 p.m. The parade would be followed by a tree light ceremony and Menorah and Kwanzaa display. At 7 p.m. the Gloria Gaynor concert would commence. Food vendors would be available along with trolley services. No pets allowed. On December 11th the Holiday Boat Parade would be held starting at 6:30 p.m. with viewing at the Boynton Harbor Marina. Vendors would be available with ample parking on Ocean and Federal. C. Permission to announce the City's receipt of the 2009 Digital Cities Award. Phyllis Koch, Director of ITS and Alan Karjalainan, Webmaster, announced the City won 5th place within cities of the same size in the National Digital Cities Award competition. The City has placed in the top ten all four years of the competition. The intent is to use the web site to extend City Hall oyt to more citizens 24 hours a day: D. Presentation by ,the Mayor, on behalf of the City, to the Sand Sifters Volunteers of the Year Award recipients. Jody Rivers, Parks Superintendant, announced the Volunteer of the Year for the Sand Sifters, a voluntary organization who cleans the beaches, ado'pts parks and does outreach programs for after-school and private businesses. They have donated thousands of hours to clean the environment. The award recipients were David Vvagner and Michael Hallis. Mayor Taylor presented the certificates and commended their efforts in keeping the City clean. E. Presentation of Certificates of Completion to Vice Mayor Woodrow Hay and Commissioner Marlene Ross for completion of the Institute for Elected Municipal Officials. Mayor Taylor presented Vice Mayor Hay and Commissioner Ross with a certificate of completion of the Institute for Elected Municipal Officials 18 hours of instruction. He read a letter that was included from Jeff Henry, Executive Director of the John S. Dailey Institute. Mayor Taylor added his congratulations and thanked t~e participants. Vice Mayor Hay believed attendance should be a requirement of all elected officials to share the concepts and ideas and recommended all officials attend the classes. 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Commissioner Ross agreed with Vice Mayor Hay and thanked the Florida League of Cities for offering the classes. 4. 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) Mack McCray, 806 NW 4th Street, complained the mural painted at Sara Sims Park was done for the cultural values in District 2 and the picture in the middle resembles an ape. Other citizens had complained the painting was degrading and Mr. McCray declared the residents of District 2 were not all about music or basketball. The District has lawyers, doctors, nurses, preachers and many professionals. As an African-American, Mr. McCray opined the mural was degrading to District 2 and the City of Boynton Beach because they were not derived from apes or gorilla. He inquired about the process and expressed his displeasure with the display. Mayor Taylor explained the mural was discussed on several occasions since funding was an issue and it was approved by the Arts Commission. A major part of the mural was painted by a local man from District 2. Mr. McCray contended public opinion relating to the design should have been sought. He demanded the mural be corrected. Vice Mayor Hay suggested modification may be a possibility. Debby Coles-Dobay, Public Art Administrator, explained the project was coordinated with the Youth Violence Prevention Program and many flyers were distributed in the community to patrons and community leaders. A group of graffiti artists were hired that worked with the youth from around the area and came up with the concept after several workshops. The Arts Commission also discussed the theme and gave direction to the artists to portray music, sports and heroes. The artists were 12 years to 19 years with a total of 30 to 40 participants, Jermaine Johnson, a local resident, volunteered to help and he sketched the idea that was used. Ms. Coles-Dobay monitored the work and received no complaints. Commissioner Rodriguez was aware that many of the participants were from the community and he realized it would be difficult to please everyone. There were many attempts to include the community. Ms. Coles-Dobay added the character referred to was a scratcher/OJ with glasses and a hat. Commissioner Weiland knew it would be difficult to tell Jermaine that his contribution was not accepted and have the piece modmed. . 7 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Vice Mayor Hay had passed by the mural on several occasions but had not focused on the individual characters. He did think it should be modified if possible and he offered to speak with others in the community and discuss the issue with the artist. John McGovern, 2620 Spiceberry Lane, complained there was very little progress in accomplishing full disclosure of public information. He wanted the entire agenda to be more accessible to those who ~ttended the meetings through the website. Mr. Bressner explained the size of the files has been problematic and a smaller version of the agenda would now be posted on the website as well as the full agenda and backup materials. Mr. McGovern thought the City should publish on their website a list of the candidates and their financial disclosures. The issue was the City being prohibited from nurturing one point of view on a referendum or ideological issue. and did not relate to candidate political information. Mr. McGovern threatened to have 100 people each week call the City Clerk's office and request the same information. He stressed there had to be efficiency, effectiveness and full disclosure. Mr. Bressner explained it was a process of using existing technology and not buying additional software to get the information on the website and available to the public. Patricia Lynch-O'Conner, 25 Lake Circle Drive, also requestled that the election information be made available 'on the web site. Mr. Bressner reiterated the information would be made available as soon as possible. Cliff Montross, 109 SW 18th Street, clarified he was concerned about municipal government and had participated in local government for many years. He wanted to see the City grow. ' Victor Norfus, 261 N. Palm Drive, announced the Heritage Celebration in the Heart of Boynton. The community would be holding their annual Gospel Fest, a fund raiser, with local artists. It should be a spiritual and exciting experience for e:veryone. It wC'uld be held at the Carolyn Sims Center, 225 NW 1ih Avenue from 2 p.m'. to 5 p.m. Everyone was invited to attend. Mr. Norfus commented on the mural and agreed the image in 'the middle was not very flattering. The mural was a good addition to the neighborhopd, but it needed to be tasteful. Mark Karageorge, 240A Main Boulevard, suggested the Men's Ghoir perform for the fund raiser and Heritage Fest. ' Dr. Piotr Blass, 113 West Tara Lakes Drive, wanted Boynton Beach to become the model city for the United States. He suggested all the candidates for Mayor have constructive debates how to improve the City of Boynton Beach. ' ' No one else coming forward, Mayor Taylor closed the public audience. 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Taylor reported staff recommended delaying the appointments to allow for adequate time for review. Motion Vice Mayor Hay moved to table the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof advised the board members were to serve until replaced. 6. 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. PROPOSED RESOLUTION NO. R09-178 -- Adopting fees for building and construction related activities in the City of Boynton Beach. (To be addressed as Item, 12.G) B. PROPOSED RESOLUTION NO. R09-179 -- Supporting Tri-Rail, providing for a suggested funding mechanism. C. Approve applying for a Department of Housing and Urban Devel'6pment (HUD) Consolidation Appropriation in the amount of $294,000 to renovate the 1913 Schoolhouse Children's Museum and Learning Center. PROPOSED RESOLUTION NO. R09-180 -- Approve amending the FY 2Q09/2'010 CIP to include the $294,000 expense and grant reimbursement. Upon award, the City will have five years to compl~te the renovations. . D. PROPOSED RESOLUTION NO. R09-181 - Approve Interlocal Service Boundary Agreement initiating a long-range annexation plan. (This item was tabled) 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 1 ,~009 E. Approve expenditure of $27,506.85 for annual renewal of Grants Network Master License and Service Agreement with eCivis.. F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the En~rgy Efficiency Conservation Block Grant (EECBG) Commissioner Ross pulled Item 6.F for discussion. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item 6.F. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 6.F. Approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) C;lnd remaining award of the Energy Efficiency Conservation Block Grant (EECBG) . Commissioner Ross had pulled the item for a presentation by Patrick Gleason from COM. Carisse L~Jeune, Assistant to the City Manager, presented to Commissioner Ross, on behalf of.the Boynton Beach Community Alliance, a certificate of appreciation for acting as liaison and for supporting the efforts of creating a more sustainable City of Boynton Beach. Commissioner Ross noted it was an important, issue for her as she campaigned and it meant a great deal to her to see the progress that has been made in making the City a "green" commuhity. Patrick Gleason, COM representative, spoke on the Energy Efficiency Conservation Block Grant and development' of the strategy for the Climate Action Plan. There are three components; the development of the strategy, green house gas emission inventory and then the climate action plan. The City received $250,000 and the purpose is to assure receipt of the remaining $408,000 from the Federal government. The current focus would be the Energy Efficiency ConservationSlock Grant and the recommendations:for funding. The recommendations were $75,000 slated for administration, $250,000 for a municipal revolving energy loan fund. The current plan is to install energy efficient lighting for the Hester Center Community Park. The savings from any improvements will replenish the revolving energy loan funds for future use. Then, $63.000 would be to cover the cost of developing the ov~rall strategy and the development of a cap. Most of the funds would be used for interior energy improvements. The cost analysis would need to be submitted by the City to assure obtaining ,the $408,000. 10 Meeting Minutes Regular City Commission Boynton Beach, FL , December 1. 2009 Motion Commissioner Ross moved to approve submittal of a "Revolving Energy Fund for Municipal Facilities" project to the Department of Energy for the Energy Efficiency Conservation Strategy (EECS) and remaining award of the Energy Efficiency Conservation Block Grant (EECBG). Vice Mayor Hay seconded the motion. Mr. Bressner was hoping the light poles could be replaced for hurricane protection to category five. Mr. Gleason noted the lighting would be provided from a sole source vendor that would not create a delay. Mayor Taylor questioned when the energy savings would break even with the cost of replacement. Mr. Gleason was not sure a ten year return would equal the cost, but greenhouse gas emissions would be reduced and energy credits would be earned. Attorney Cherof suggested further explanation be given on the $195,000 paid to COM to fill out forms. Ms. LeJeune indicated the procurement bid process was followed and COM was chosen and approved by the Commission. - The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Ratify or modify the decision of the Code Complianc~ Board to reduce the fine in Code Compliance Case 08-1695 (City of Boynton Beach VS. The Estate of Ann Woods Love). . Scott Blasie, Code Compliance Administrator, explained the applicants had purchased the property at a tax sale and paid $15,000 in unpaid back taxes. Given the improvements made on the property and the fact the purchasers did not cause the liens to be assessed, the applicants requested the reduction. Commissioner Rodriguez was in favor of the private sector stepping in to take over foreclosed properties and improving them to further beautify the community. He supported lowering the fine to administrative costs to entice other private citizens to come forward and do the same thing. Mayor Taylor agreed and noted the idea Of fines was to gain compliance of the violations. The applicants did an outstanding job and have spent over $18,000 on the property. Commissioner Ross concurred. 11 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Motion Vice Mayor Rodriguez moved to reduce the lien to the administrat'ive costs of $634.12. Commissioner Ross seconded the motion. The motion was unanimous. 8. PUBLIC HEARING 7 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. A. PROPOSED RESOLUTION NO. R09-173 -- SECOND READING - Designating a Portion of the Community Redevelopment Area a Brownfield. Attorney Cherof read Proposed Resolution No. R09-173 by title only on second reading. This would be the second of two public meetings. Mayor Taylor opened the issue for public hearing. LuLu Dacamara, 836 East Drive, reiterated her concern was the map and requested the map attached to the resolution be legible. , Warren Timm, 130 NE 26th Avenue, informed the Commission he had previously owned a commercial brownfield property in another state. He could not covey title until the Department of Environmental Protection cleared the property. Every property owner should be informe~j by the City about the option to opt out of the brownfield designation. Commissioner Rodriguez clarified that the original motion included a provision for every landowner being notified of the option to opt out of the designation. Victor Norfus, 261 N. Palm Drive, did not want the entire Heart of Boynton to be considered brownfield. The residents needed to be notified of their right to opt out. Many felt the deS1gnation was solely to expedite quick building and would ultimately bring down their property values. Nancy Chandler, 914 NE 7th Street, contended the residents should not have to opt out. If the mixed-use areas are included she questioned how a condo on the 5th floor could opt out. She read a prepared statement that is attached to the minutes indicating only commercial, industrial and three existing project areas in the Heart of Boynton would be included in the brownfield designation. The new resolution was vague, included mixed-use and. residential and did not include a legible map, legal descriptions or any notification provisions. Ms. Chandler alleged the designation would decrease property values arid change potential use. It also could result in future eminent domain 12 Meeting Minutes Regular City Commission Boynton Beach, Fl December 1, 2009 , , . action. Shesugg6sted only commercial and industrial properties be included and not include any mixed-use specifically stated in the resolution. Legal descriptions of the brownfield properties should be included as well as, a large legal map and legal notification to all properties. ; Mr. Rumpf clarified' Harbor Hall condos are included as a mixed-use land use. The boundary was dra'Nn to elimin~te single-family land use classification. The town homes or multi-family residence were not removed from the mixed-use category. Ms. ,8ropks added within the Heart of Boynton there is residential and commercial. Th~ State statute has specific incentives for affordable housing and high priority redevelopment areas were included. The map was created using the land use map. Mark Karageorge, 240A Main Boulevard, supported the designation because it was an economic tool to revitalize areas and compete with other cities for new businesses. Patricia Lynch-01Connner, 2111 SW Lake Circle Drive, expressed concern with the notice that it should be easily understood by all residents. Jeff Lis, 945 Isles' Road, alleged the brownfield designation was a double-edged sword. Where applicable, it worked, but where not applicable, it created burdens on ownership and fee simple title. He sugge$ted the canals be included as brownfields to assist in the canal dredging. 'Runoff from the street and sediment in the canal is a brownfield condition at the bottom of the canals. Caution should be taken. Harry Woodworth, 685 NE 15th Place, agreed the designation for commercial properties would be helpful to clean up those sites. The brownfield designation for a residence would result in a minimum $2,700 environmental assessment plus any cl~an up costs. , , , Jim Knight, 740 Havana Drive, Boca Raton, supported the brownfield designation to assist him with a large project within Boynton Beach. Individuals can opt out at any time. The designation is an economic tool and can be a very positive designation. Buck Buchanan, 807 Ocean Inlet Drive, felt there waS agreement that commerbial and industrial properties would benefit from the brownfield designation. He suggested designation of the mixed-use properties be further investigated while the other designations proceed to assist development. Commissioner Rodriguez did not want to move forward with the designation if its ,current scope included mixed-use. Ms. Brooks understood the Commission had decided the priority areas of redevelopment were the downtown, a mixed use area, and Heart of Boynton, a residential, commercialand industrial area, plus Federal Highway Corridor, a commercial and mixed-use area. ' , 13 Meeting Minutes Regular City Commission Boynton Beach, FL . December 1, 2009 Commissioner Weiland was in favor of the brownfield designation to' assist redevelopment. There were many questions and careful consideration neededl Spot designations may be a viable solution to assure the impact is minimal on the residents. Mr. Buchanan hoped a mod.ification would be possible to avoid commencing the process again. He wanted the-Commission to consider why any residential area. would be designated mixed-use. Mayor Taylor opin'ed it was a strong economic tool to develop Federal Highway and much of the area is mixed-use. Attracting businesses to the area needed to include incentives to help with clean-up costs and tax credits to assist developers. The option to opt out is in place to protect residents and notification can be accomplished. Vice Mayor Hay agreed with Mayor Taylor it was a development tool in the Heart of Boynton and it would entice developers. The Federal Highway Corridor is mixed-use and the residents have the opportunity to opt out and will be notified more than once. Motion Commissioner Rodriguez moved to approve brownfield designation only for commercial, industrial and the Heart of Boynton, being MLK and Seacrest, as a Phase I approach and consider other designations as needed. The immediate need is the commercial, industrial and the Heart of Boynton, MLK and Seacrest, wherever the designation of the Heart of Boynton. Commissioner Weiland seconded the motion. Vice Mayor Hay would support the motion with a timeline on the mixed-use designation. Commissioner Rodriguez asked Legal to research the issue. Commissioner Weiland emphasized all property owners would be notified and meetings would be held. The notices should be sent return receipt requested. It was suggested the utility bills be used for notification also. Mayor Taylor suggested the first meeting in February to review the mixed-use designation. The motion passed unanimously. Attorney Cherof noted the motion would amend Exhibit A to Resolution R09-173. Motion Commissioner Rodriguez moved to approve Proposed Resolution R09-173 as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Rodriguez pointed out the motion covered the original proposal agreed to by the citizens. . 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 B. PROPOSED RESOLUTION NO. R09-176 - SECOND READING - Approve Land Development Agreement between the City of Boynton Beach and Gulfstream Gardens, LLC that involves a revised City process for expediting site reviews and modifying surety requirements. Attorney Cherof read Proposed Resolution No. R09-176 by title only on second reading. A marked copy of the last version of the agreement that the City worked on in response to Mr. Weiner's document presented at the last Commission meeting was distributed. Mayor Taylor opened the issue for public hearing. Michael Weiner, on behalf of Gulfstream Gardens, announced significant progress has been made. The outstanding issues were a private water and sewer system, all dates being consistent with December 1, 2014, elimination of the $1,000 day penalty since the agreement is sufficient, questions about the back-flow service preventer, and Florida Statute :553.791 nC?t to apply. The City would be reviewing any vertical construction. Jim Grotis, Engineer, only had technical issues with the back-flow and not any concerns with the language. Mr. Weiner advised the project was planned to commence in the first quarter of 2010 translating to an increase in jobs and tax, rolls. Mr. Bressner advised there would be no objection to eliminating the $1,000 per day penalty. Attorney Cherof wanted it clear that under the Statute authorizing development agreements it is clear a developer's agreement cannot take the place of a Comprehensive Plan provision or a Land development Regulation. There was nothing in the agreement that would trump any existing provisions of the Land Development Regulations. Mr. Weiner agreed. Attorney Cherof deferred to staff on the issue of the private inspection and Florida Statute 553.791. . Commissioner Weiland wanted assurance that random inspections be allowed to protect the citizens of Boynton Beach. Mr. Weiner replied all vertical construction was the same as any other project and the City would be involved. The standards would be reviewed and if conflict arose, a method of mediation was included in the agreement. Mr. Bressner pointed out that revised building permit fees would allow the opt"ion for private inspections'to all developers. . Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Rodriguez moved to approve Proposed Resolution R09-176 contingent on the final agreement document being signed. Commissioner Weiland seconded the motion. The motion passed unanimously. ' 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 9. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R09-182 -- Approve a piggyback of the City of Palm Bay contract (contract # 39-0-2007/SB) extended through 7- 31-10 with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing. This contract will be utilized for well rehabilitation services at an estimated annual expenditure of $350,000. Kofi Boateng, Utilities Director, explained the purpose of the contract was to maintain the water wells and restore the capacity of the water wells and improve performance. There are 29 production wells and two aquifer recovery wells used to store water during the wet season. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. FUTURE AGENDA ITEMS A. Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current Police and Fire/EMS Services contracts and 2) Water/Sewer charges. (Tabled on October 20, 20d9) , B. Review of application packet and process for CRA appointments: City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to January, 2010) 11. NEW BUSINESS None 12. LEGAL A. PROPOSED ORDINANCE No. 09-009 -- SECOND READING -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment IRezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to amend the Comprehensive Plan future Land Use Map classification on +'13.66 acres of land from "Medium Density Residential" 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 to "Industrial". Applicant: New Urban High Ridge LLC. (Tabled on August 4,2009) (This item was removed) B. PROPOSED ORDINANCE No. 09-010 -- SECOND READING -- New Urban High Ridge, (LUAR 09-001), Land Use Plan Amendment /Rezoning, located at Northwest corner of High Ridge Road and Miner Road. Request to rezone from Planned Unit Development (PUD) to M-1 Industrial. Applicant: New Urban High Ridge LLC. (Tabled on August 4, 2009) (This item was removed) C. PROPOSED ORDINANCE No. 09-042 -- SECOND READING -- Recreational Water Surface Policies, (CPTA 09-001), Comprehensive Plan Text Amendment. Amending Policy 1.3.1 (a) of the Future Land Use Element, and to add policies to the Coastal Management Element and the Intergovernmental Coordination Element. Attorney Cherof read Proposed Ordinance No. 09-042 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. (Commissioner Rqdriguez left the dais at 9:16 p.m.) Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion... Vote City Clerk Prainito 'called the roll. The vote was 4-0. D. PROPOSED ORDINANCE No. 09-044 -- SECOND READING -~ IPUD Zoning District-Marine-Oriented & Water Dependent Uses, (CDRV 09- 008). Amending the Land Development Regulations, Chapter 2, Zoning, Section 5.L., changing the intent sectio'n to promote water access and recreational opportunities with accommodation of uses including marine- oriented and water-dependent uses, and establishment of development regulations for implementation. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 09-044 by title only on second reading. 17 Meeting Minutes Regular City Commjssion Boynton Beach, FL December 1, 2009 Mayor Taylor opened the issue for public hearing. Harry Woodworth, 685 NE 15th Place, commented this was the most citizen-friendly initiative. The developer worked with the residents of the community and staff has re- worked the language many times to provide protections for the downstream neighborhoods. It is now restricted to the marine areas that the County established. He extended his appreciation to the City staff. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-044. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. E. PROPOSED ORDINANCE No. 09-045 -- SECOND READING-- Request to adopt the 2009 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). Attorney Cherof read Proposed Ordinance No. 09-045 by title only on second reading. (Commissioner Rodriguez returned to the dais at 9:19 p.m.) Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-045. Vice'Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. G. PROPOSED ORplNANCE No. 09-047 -- Amending Stormwater' Utility Fee to add a twenty-five cent ($0.25) surcharge to the monthly charge per equivalent residential unit (ERU) for a period of two years commencing January 1, 2010 for fresh water canal aquatic weed control maintenance program. Attorney Cherof read Proposed Ordinance No. 09-047 by title only on first reading. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve Proposed Ordinance No. 09-047. Vice Mayor Hay seconded the.motion. Vote City Clerk Prainito called the roll. The vote was 5-0. F. PROPOSED ORDINANCE No. 09-046 -- Approve Ordinance Amending Stormwater Utility Fee to add a fjfty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredging program. Attorney Che~of read Proposed Ordinance No. 09-046 by title only on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-046. Commissioner Weiland seconded the motion. Commissioner Ross requested further information. Mr. Bressner reported staff was doing a preliminary price study evaluating the source of siltation, impact on boat docks and seawalls and developing a regulatory check list prior to any dredging program. Commissioner Rodriguez contended there would be some preliminary work needed on both canal issues and the cost should be linked to the storm water fee. The City should not incur any costs or fees for either canals. Mr. Bressner advised there was some flexibility with funding to proce~d with the vegetation aspect as soon as possible. Mayor Taylor addressed his concerns regarding the legal implications of dredging the canals and damage to seawalls or docks. He also wanted more information about making the canals brownfields an.d federal funding. Commissioner Rodriguez agreed with Mayor Taylor's concerns, but thought the funds could be allocated and used to' support the findings on the issues. Mayor Taylor wanted to table the dredging issue until more information was received. Commissioner Rodriguez desired to move forward with both issues in parallel and address the issues as they arise. 19 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Motion Mayor Taylor passed the gavel and moved to table Item 12.F. Commissioner Ross seconded the motion. The motion passed 3-2. (Commissioners Weiland and Rodriguez dissenting) Commissioner Weiland pointed out there were citizens who wanted to speak on the issue that missed the opportunity and asked they be allowed to speak. Drew Zuccala, 1032 Coral Court, appreciated the Commission's quick actio~. He contended there was debris that could be removed rather than deep dredging. The communities agreed with the fee charged and wanted to get the process moving forward. Attorney Cherof advised Commissioner Rodriguez did not vote on Ordinances 09-042 and 09-044. City Clerk Prainito called for a vote by Commissioner Rodriguez on Ordinances No. 09- 042 and 09-044. Commissioner Rodriguez voted yes on both items. Mayor Taylor returned to Ordinance 09-044 and recalled there was a question relating to the height limits. He favored the extension to 60 feet because it was a boat storage. Attorney Cherof advised it was on the record, but on first reading there was no motion to amend to include the provision. ' . Motion Commissioner Weiland moved to reconsider Ordinance No. 09-044. Vice Mayor Hay seconded the moti,on. The motion passed unanimously. . . Attorney Cherof explained the height had been discussed on 'first reading' but no amendment to the' ordinance on first reading or second reading was made. Motion Commissioner Weiland moved to amend Ordinance 09-044 to recognize the height of 60 feet to be acceptable. Vice Mayor Hay seconded the motion. Commissioner Rodriguez developed the height would be specific to a geographic area. The Planning and Development Board reviewed the item and CiPproved the height to 60 feet and a lesser height would be required for compatibility with adjacent developr:nent. Nancy Byrne, Assistant Director of Development, noted staff did not support the height increase due to compatability issues with adjoining uses. 20 Meeting Minutes Regular City Commission Boynton Beach. FL , December 1, 2009 Commissioner Weiland felt with landscaping and line of sight, the adjoining properties would be protected. He favored the height increase. Mayor Taylor agreed. Commissioner Ross disclosed she had met with the developer and attorney and discussed the issue. Mayor Taylor opened the issue for public hearing. Harry Woodworth, 685 NE 15th Place, inquired if the height was changed for the entire IPUD area. Mr. Bressner responded it referred only to the IPUD, marine oriented as a specific geographic area north of Gateway to the northern limits. The southern boundary would be Boat Club Park and extending north to the corporate limits on the east side of Federal Highway. Mr. Woodworth expressed disbelief that the amendment was being made for a project that had not been proposed or reviewed by the public. The issue was being brought up when the concerned parties were not present and the applicant had left. Mayor Taylor recalled the topic had been discussed at first reading of the ordinance. Mr. Bressner reaffirmed staff was not supporting the change to 60 feet. , . The motion failed 2-3. (Vice Mayor Hay, Commissioner Rodriguez and Ross dissenting) Attorney Cherof advised Ordinance No. 09-044 was still an issue with the 45 feet. Motion Commissioner Weiland moved to approve Ordinance No. 09-044. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote passed 5-0. 6.A. PROPOSED RESOLUTION NO. R09-178 -- Adopting fees for building and construction related activities in the City of Boynton Beach. (Previously moved to Legal 12. G) Attorney Cherof advised because the request involved an increase in fees it should be addressed under Legal and not a Consent Agenda item. Ms. Byrne explained the requested changes to allow amended fees for temporary certificates of occupancy, plan permit extensions and a bifurcated fee for developers who provide private inspectors. Motion 21 Meeting Minutes Regular City Commission Boynton Beach, FL December 1, 2009 Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before Commission, Mayor Taylor properly adjourned the me6ting at 9:39 p.m. ATTEST: .~ Ja et M. Prainito. CMC Ity Clerk CITY OF BOYNTON BEACH r 22