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Minutes 12-15-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, DECEMBER 15, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cheraf, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:36 p.m. Vice Mayor Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor indicated Item 7.A and a.A were requested to be tabled. Motion Vice Mayor Hay moved to table. Commissioner Weiland seconded the motion. The motion passed unanimously. Motion Commissioner Ross requested tabling Item 5.A., if possible, to the first meeting in January. Commissioner Weiland advised he had received inquiries regarding the appointments. Mayor Taylor added the current members stay active until the reappointments are made. The motion passed unanimously. Commissioner Rodriguez asked to include a presentation regarding the Old High School just before the referendum discussion. Vice Mayor Hay wanted to give an update on the graffiti issue. Mayor Taylor suggested it be placed under 2.C, Informational items by the Commission. 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 15, 2009 2. Adoption 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 Marlene Ross of Ordinance 09-044 which was adopted on second reading at the December 1, 2009 Commission Meeting. Mayor Taylor noted if the request for reconsideration was approved, the matter would be re-published and brought back at the first meeting in January, 2010. Motion Commissioner Ross so moved. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Reconsideration of Brownfield Map and area description as Exhibit to Resolution 09-173. Vice Mayor Hay had requested the reconsideration to clarify the confusion relating to the map and pinpointing the lots along Seacrest and MLK Boulevards, one lot deep. Mr. Bressner advised the map displayed was not the map approved by the Commission. The approved map was included in the agenda packet that included the description authorized by the Commission of all properties zoned commercial or industrial, plus all properties located along both sides of Sea crest from the C-16 canal south to Boynton Beach Boulevard and on both sides of Martin Luther King Boulevard between Seacrest and Federal Highway, one lot deep. Mr. Bressner pointed out another issue was whether the CommissJ6n wanted to include the residential portions of the property on Seacrest and MLK. Commissioner Rodriguez clarified all color schemes on the map were included in the brownfield designation. Vice Mayor Hay reiterated there seemed to be discrepancies between .the understanding of the CRA and the City because maps he received from both entities did not match. Mayor Taylor advised the CRA had to abide by the direction of the Commission. Commissioner Rodriguez noted parcels could be added to the designation. Mayor Taylor reiterated there was the provision for residents to opt out of the designation. Vice Mayor Hay added many of the residents misunderstood the brownfield concept and since time was not an issue. efforts should be made to further expl~in the 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 15, 2009 designation. Mayor Taylor stressed that homes would not be taken by eminent Gomain due to the brownfield designation. The State does not allow eminent domain. at this time. Commissioner Rodriguez did not think eminent domain was the issue and residential and mixed-use have not been included. Commissioner Weiland reiterated notices would be sent out explaining the brownfield designation and the option,to opt out of the designation. Mr. Bressner outlined the areas designated were anything zoned commercial or industrial anywhere in the CRA, any non-industrial or commercial property which is limited to the corridor on Seacrest between the C-16 canal and Boynton Beach Boulevard that does include some residential property, and that portion of Martin Luther King Boulevard between Seacrest and Federal Highway that does include some residential property. Every other residential parcel in the CRA was not included. Motion Commissioner Rodriguez moved to reconsider. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Rodriguez moved to move forward with the browl1field designation ~nd with the attached map. There was also agreement to notify ail p~operty owners of'the designation so they can opt out if they wish. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof advised he was working on the notice proVIsions, using a' couple different types of notices to communicate their right to opt out and developed a form they can sign to opt out. The form and notices would be presented at the next meeting. C, Informational Items by Members of the City Commission Vice Mayor Hay referred to discussions relating to the graffiti art on the basketball courts on MLK. He had spoken and met with residents and researched graffiti art. Many emails were sent supporting the mural and no one was offended by the mural. Vice Mayor Hay met with the Arts Commission and Jermaine Johnson, the arti.st from the community, to'discuss his intent and vision. A video on graffiti art was shown and Vice Mayor Hay explained the art form was an expression of the artist, his environment and personality. The young people like Jermaine Johnson should be embraced and encouraged. The art can be beautiful when understood and appreciated. Mr. Johnson was recognized and the dedication of the mural would be held on December 1,th. Mayor Tayl,or expressed apprecIation for Vice Mayor Hay lo<;>king into the issue and bringing the information back to the Commission. ' 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 15, 20Q9 Commissioner Weiland wanted to give an annual award to Tia Dobard for her creative use of the name tags used by customers. She made a'snowman complete with eyes, arms, mittens, scarf and hat. She is the first person the citizens meet when they e~ter City Hall and she does a wonderful job. .' Commissioner Rodriguez reported he had, attended the Firefighter's annual C~ristmas party. It was great to see famili~s interacting and he congratulated the Department. Vice Mayor Hay commended the Arts Commission and Debby Coles-Dobay 'for the statute located in front of City Hall entitled, "When are You Coming to Visit Me" symbolizing a lack of visitation to our elderly. Society tends to neglect the older generation and art reminds everyone to keep living and not forget others. Commissioner Ross had attended the Forum Club luncheon featuring the National Urban League President. The President spoke on the economy, education, jobs, health care and highlighted the census. The census is very important that all people are counted. The' CRA had also announced a small business development program that had a very good response. Mayor Taylor added there would be four sessions and the first session was full. Commissioner Ross noted the classes are on Wednesday evening and a Saturday event. Priority is given to Boynton Beach residents and business owners within the City. ' Mayor Taylor extended thanks to the staff, on behalf of the Commission, fo'r their support'throughout the year. He also extended thanks to the Citizens and wished everyone Happy Holidays and a blessed Christmas. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Permission to announce the City's receipt of Computerworld's Premier 100 IT Leaders Award ' Lori LaVerriere, Assistant City Manager shared the news that Phyllis Koch, the ITS Director, received recognition from Computer World magazine as being one of the top 100 IT leaders in the country. The competition is in the public alJd private sector and Ms. Koch was one of only two public sector IT Directors to receive the award. Ms. Koch thanked the citizens, Commission, and City Manager for making the City a great place to work and creating an environment where staff can be innovative. ,Ma,yor Taylor congratulated Ms. Koch and noted she brought pHde to the City and herself. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (AT THE DISCRETION OF THE CHAIR, THIS 3' MINUTE ALLOWANCE MAY 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 15 i 2009 NEED TO BE ADJUSTED DEPENDING ON THE LEVEL OF BUSINESS COMING BEFORE THE CITY COMMISSION) Herb Suss, 1711 Woodfern Drive, wished everyone Happy Holidays. He gave his year end report card and commended the City Clerk's office for their assistance at all times. He also mentioned the Police and Fire Departments, Golf, Sanitation, Blue Collar and the Maintenance Department, Finance and Park Departments plus the CRA staff for their hard work and dedication. Steven Fleck, 650' Mariner's Way, voiced his concern about the Building Department and City leaders over the issuing of a permit for a dock in his community. The dQck was expanded over property the applicant did not own. Attempts to get an explanation were ignored because a lawsuit had been filed and there could be potential liability to the City. Further frustration has resulted because the dock is finished and used daily without any type of inspection and the permit has not been finalized. He questioned how much longer the community would have to wait for answers to their concerns. Victor Norfus, 261 N. Palm Drive, Chair of the Community Relations Board, advised the Board was working very hard to get Boynton Beach High School more involved in City activities such, as the holiday parade. Both the cheerleaders and drum corp participated in the event. The Heritage Gospel Fest was held to inspire and enc.]urage the residents to become better citizens. He suggested more effort be made to notify the citizens of decisions and actions being taken by the Commission. Mayor Taylor added the Boynton Choral Group had attended the Boynton Chamber luncheon. They were proud that they had won first place in a national competition held in New York City. Vice Mayor Hay announced the choir would be recognized by the Commission in January 2010. They came in number one in the nation. Commissioner Ross added it was the Dimensional Harmony Group directed by Mr. Sterling Frederick and they are amazing. ' Warren Timm, '130 NE 26th Avenue, felt the Commission deserved to make the decisions on major items, especially debt; however, the denial to all.ow a referendum for the Police Department was not appropriate. The relocation of the Police Department is necessary, but he questioned if it was the proper time to undertake the project.' It was essential to give the people a v'oice in the matter. - Victoria Castello, 406 S. Seacrest Boulevard, questioned if there, ,were inconsist.encies of the Commission' acting as the CRA board also. Attorney Cherof replied there \;"as no conflict and a State statute indicates the Commission can serve as the CRA anq make independent decisions for that body. Ms. Castello could not access the minutes and asked Commissioner Weiland to restate why he did not support the referendum. Mr. Bressner explained the minutes were not done due to the lengthy meeting, illness and short staffing. Commissioner Weiland could not repeat his statements and preferred to 5 Meeting Minutes Regular City Commission Boynton Beach, FL , December 15. 2009 wait for the minutes to review his remarks. Ms. Castello read various comments posted in the media regarding the referendum issue for the police facility. Harry Woodworth, 685 NE 15th Place, commented the City had done many gobd and bad things over th~ years. Rewriting the Infill Planned Unit Development (IPUD) was, an improvement with citizen and staff input. He was stunned when the height was increased for the IPUD, one of the most important aspect of the re,gulations. Changing the 45 feet' height fs a considerable change. There can be variances and site plan reviews for the project. He did not feel it was appropriate to ch~nge the entire IPUD area. The applicants for the proposed boat barn should be present to discuss the issue. LuLu Dacamara, 836 East Drive, suggested more help be hired to ease the work load for the minutes or shorten the meeting agendas to reduce the length of the meetings. If the meetings are long, breaks should be taken to accommodate the needs of staff. Don Scantlan, 13 Cedar Circle, thanked the Commission and staff for the dedication of the memorial for Pearl Harbor at Bicentennial Park. It was well attended and a tribute to all veterans. Dr. Piotr Blass, 113 Tara Lakes Drive, was honored by the veteran memorials, He also had spoken to the media about his concept for a university in Boynton Beach. He hoped City Hall would be available for class rooms. Young people need education and it is a main issue. The issue of foreclosures was also a concem and a petiti<;m was being circulated for a ten-year moratorium on foreclosures. The Haitian commurl~ity has constant issues with immigration and jobs. Dr. Blass suggested' that a Sister ~jity. be established with a city in Peru. Nancy Chandler, 914 NE ih Street, commented on the 60-foot height extension and the fact matters are being presented for reconsideration without any notice to the 'public. She suggested th'e agenda include verbiage on reconsiderations to identify the issue more clearly. Commissioner Rodriguez agreed and hoped in the future more information would be provided. No bn'e else coming forward, Mayor Taylor closed the public hearing. S. ADMINISTRA'TIVE A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. (All appointments were tabled.) 6 .' y Meeting Minutes Regular City Commission Boynton Beach, FL December 15.2009 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 $.ubject to staff comments.' '" , A. PROPOSED RESOLUTION NO. R09-183 -- Award of the "THREE YEAR LEAsE FROM CONCESSIONAIRES FOR BEACH EQUIPMENT RENTAL CONCESSION FOR THE OCEANFRONT BEACH PARK". RFP# 008-2730-10/JA to Oceanside Beach Service, Inc. of North Palm Beach, Florida. Lease payments provided to the City of Boynton Beach for a monthly fee of $2.000.00. B. PROPOSED RESOLUTION NO. R09-184 -- Approve the agreement with the Oepartment of Housing and Urban Development (HUD) for a $294,000 Consolidation Appropriation under Economic Development Initiative- Special Project B-08-SP-FL-0052, authorizing the City Manager' to execute all grant award documents. C. PROPOSED RESOLUTION NO. R09-18S -- Authorize the First Amendment to Temporary Construction Easement (TCE) between Pc;llm Beach County and the City of Boynton Beach in support of th~ City's construction of the new regional force main'. " D. PROPOSED REOSLUTION NO. R09-186 -- Approve Task Order No. U10-03-08 with Brown and Caldwell for the Design" Permitting,_Bidding and Construction Phase Services associated with the replacem~!lt of a subaqueous force from City lift station no. 102, under the IntraGoastal Waterway, in the amount not to exceed $73,817, plus a 5% conti'ngency amount of $3,691, bringing the total approved value to $77,508. , ; E. Approve the purchase of four replacement Central Processing Units (CPU) along with a dispatch server and the purchase of one additiqnal radio' console for the dispatch center in the amount of $81,562.16: Funds are to be taken from the department's "12.50 account", F. Approve a donation in the amount of $10,000.00 to the Sf. John Missionary Baptist Church, Family Life Center. The donation is to come from the Police Department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization is qualified to receive funding as the program provides a drug abuse, drug pre\;ention or safe neighborhood educational component 7 Meeting Minutes Regular City Commission Boynton Beach, FL December 15, 200.9 Vice Mayor Hay pulled Item 6.F for discussion. Motion Commissioner Weiland moved to approve the Consent Agenda with the exception of 6.F. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6.F. Approve (i'donation in the amount of $10,0.0.0..0.0. to the St. John Missionary Baptist Church, Family Life Center.- The donation is to come from the Police Department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization is qualified to receive funding as the program provides a drug abuse, drug prevention or safe neighborhood educational component Vice Mayor Hay inquired if he could vote on the item since he was an active member at St. John Missionary Baptist Church. Attorney Cherof advised as long as none of the funds donated were used to pay the Vice Mayor's salary or benefits at the church, there would be no conflict. Motion Commissioner Weiland moved to approve. Commissioner Hay seconded the motion. Commissioner Rodriguez inquired if outcome measures were in place to monitor the use of the funds. ' Vice Mayor Hay appreciated the concept, but the Church had not undertaken that type of tracking. He agreed the Church should establish measures to gain more credibility. A report on the use of funds would be provided. Mayor Taylor indicated State statute requires organizations receiving money to provide. an accounting. Chief Immler replied the Church does submit expenditure reports, but there was no provision for outcome measures, Commissioner Weiland recalled that discretionary funding required reports on the use of funds donated. Commi~sioner Ross highlighted the donation is specifically to the Family Life Center. The motion passed unanimously. 7. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve mediated settlement agreement in the case of Southeast Drilling Services vs. City of Boynton Beach, (This item was tabled.) 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 8 ,.r., Meeting Minutes Regular City Commission Boynton Beach, FL December 15. 2009 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Pro-Golf / Mega Mini (ADAP 09-002), Administrative Appeal, located at 2951. SW 14th Place. Request approval for an appeal of an administrative determination that a storage bay shall not be used to manufacture, fabricate or process goods in a self-storage facility in the M-1 Zoning District as indicated in Chapter 2. Zoning, Section 11.0.1.c. Applicant: Michael Weiner, Weiner & Associates, P.A. (This item was tabled.) B. PROPOSED ORDINANCE No. 09-048 -- FIRST READING - Parking requirements for dry boat storage and private marinas (CDRV 09-008). Request to amend Part III, Chapter 2, Zoning, Section 11.H.16(e)(10) to add separate parking standards for private marinas including dry boat storage. This amendment is in conjunction with the related amendments to the IPUD zoning district for marine-oriented and water-dependant uses; as processed by Ordinance No. 09-044. Attorney Cherof read Proposed Ordinance No. 09-048 by title only on first reading. Mike Rumpf, Planning and Zoning Director, explain~d the prC?posed parking code changes were incorporated in the staff report on the IPUD changes.. Motion Vice Mayor Hay moved to approve. Commissioner Rodriguez seconded the motion. Mr. Rumpf reiterated the changed was packaged with the other IPUD changes in addition to the water-related, water-oriented uses. It was proposed to accommodate this type of use that is not accommodated in the current Code. It relates more to active, commercial marinas and does not pertain to dry storage, Vote City Clerk Prainito called the roll. , The vote was 5-0. 9. CITY MANAGER'S REPORT A. Motion to approve' the purchase of new and replacement vehiCles as approved in the FY 2009/10 Budget in the amount of $1,518,144. _ 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 15, 2009 Jeff Livergood, Director of Public Works and Engineering, reported all the purchases of vehicles were bundled into one purchase document. City equipment is a significant portion of the annual budget and the types of equipment and replacement cycles are important considerations to get the best cost over the life expectancy of the equipment. It was anticipated that 61 pieces of equipment would be purchased for a savings under budget of $164,000, The types of vehicles needed are being assessed and a hand-me- down program has been initiated between departments. Commissioner Weiland was pleased with the hand-me-down program. Motion Commissioner Weiland moved to approve Item 9.A. Vice Mayor Hay seconded the motion, The motion passed unanimously. B. PROPOSED RESOLUTION NO. R09-187 -- Approve a piggy-bacl<' of the City of Boca Raton Bid# 2008-087 with Sutphen of Amlin, OH in the amoun't of: $391.402.98 for a purchase of a Sutphen 5-3 Shield Series Pumper. ' Attorney Cherof read Proposed Resolution No. R09-187 by title on!y. Ray Carter, Deputy Fire Chief, reported the request was for a new pumper ~br Fire Station #5. The proper staffing of the Station is now complete and the fa?i1ity is operational. Motion Commissioner R,oss moved to approve Proposed Resolution No. R09-187. Commissioner Weiland seconded the motion. The motion passed unanimously. C. TABLED on 10/20/09 - Consider request from the Town of Briny Breezes seeking relief from: 1) Annual contract adjustments in the current' Poiice and Fire/EMS Services contracts and 2) Water/Sewer charges. Motion Commissioner Ross moved to remove Item 9.C. from the table. Commissioner V1eiland seconded the motion. The motion passed unanimously. Ms. LaVerriere reviewed the request to reduce the water and sewer rates for the Town of Briny Breezes. The Mayor of Briny Breezes was present. There is currently: ,a 25% surcharge for outside users. In terms of loss of revenue it would be $12,000 to $13,000 in surcharges. It was discovered ,that historically Briny Breezes had been undercharged on their unit count of 351 versus the 488 that exists. This would equate to a $40,000 10 Meeting Minutes Regular City Commission Boynton Beach, FL , December 15', 2009 per year increase. Even if the surcharge is eliminated the water bill would increase $68,000 due to the increased unit count. Mr. Bressner added staff Wf,lS not recommending eli~ination of the surcharge. On the sewer charges there had been a $500 annual capital fee to Briny Breezes for the sewer plant being built. It should have been eliminated many years ago constituting a $20,000 overpayment by Briny Breezes. Staff recommended the $20,000 not be refunded. the $68,000 would not be cdilected and the billing rate remain the same and continue with the surcharge. Mayor 8ennett continued to request the surcharge be eliminated. He pointed out Ocean Ridge requires individual billing while the Town of Briny Breezes has only three master meters to invoice. Pete Mazzella, Deputy Director of Utilities, explained Briny Breezes was unique in that the agreement st~rted as a corporation and had a very low rate on sewer because of participation in the EPA facility back in the 70s. There have been many variables. Mayor Taylor understood the Town's struggle. The City of Boynton has just raised the water rates to all citizens within the City limits. To reduce rates for customers Qutside the City did not make sense. He favored the staffs recommendation to not refund' the $20,000 or seek the under-billed amount of $68,000 and maintain the current outside City rates. Commi'ssioner Rodriguez felt it would be unfair to discontinue surcharges for one area and not others and he supported the Mayor's decision and staff recommendation. Vice Mayor Hay and Commissioner Vveiland concurred. Motion Commissioner Weiland moved to approve staff recommendation #3. Rodriguez seconded the motion. The motion passed unanimously. Commissioner .' D. Proposed Conversion of Current Vehicle Towing Rotation Program to Franchise Agreement Program. Commissioner Weiland clarified there were now six companies In the rotation rather than the original eight. Ms. LaVerriere advised in January the Commission apprdved an addendum to extend the existing contracts until December 31. 2009. The options were to continue the rQtation program. extend the addendum for anoJher year, consider a franchise or an RFP for a single or multi-vendors to create a revenue source. The last addendum did allow the City to not be charged for Class A fleet tows saving $38,000. The current tow contracts with, the rotation are an expense, to the City..' Staff recommended considering an individual franchise or a 'non-exclusive franchise to produce revenue. Ms. LaVerriere reported Delray had a single franchise for $152,000 of revenue and Boca Raton has $102,000 revenue qyear with two providers, West 11 Meeting Minutes Regular City Commission Boynton Beach, FL Oecember 15, 2009 Palm uses a hybrid with four vendors and each pays $15,000 a year to be part of the program. Coral Springs had three companies paying $8,000 a year. Letters were sent to anybody licensed to operate a towing company notifying them of the Commission meeting, Jim Jennings, Emerald Towing Services, 1370 W. Industrial Avenue, was a current provider for the City of Boynton Beach and one of the dual providers for the City Of Boca Raton. He was also the sole provider for Deerfield and one of two for Coral Springs. There are many different scenarios. It is a source of revenue for the City, especially in the current economic climate. He strongly suggested that not only:the highest bidder be considered, but also the qualifications of the vendors should be considered. Michael Weiner, on behalf of Westway Towing, asked the options be reviewed carefully and consider the possible revenue that could assist the City of Boynton Beach. A five- year contract could result in $500,000 of revenue. Mr. Weiner contended with the present system the City lost $8,000 to $10,000 when there could be $100,000 or more in an,nual fees. He urged the Commission to make a decision in the first quarte( of 2010. ' Commissioner Weiland had not changed his position from the previous yea~. The current system worked well. A franchise fee would bring revenue'to the City, but in his view it created a monopoly. The six tow compan1es being used d~'pend on the ,income and a change would jeopardize their business. Commissioner Weiland did want staff to alialyze 'each contractor on the tow rotation and make sure they are meeting all the requirements of th~ contract. Commissioner Rodriguez commended the' tow companies in the rotation because negotiations last year resulted in savings to the City. He did no(support using'one, or two vendors and' putting six towing companies at risk of closing. CommLssiQner Rodriguez supported the status quo. Commissioner Ross voiced cO,ncerned there was not more discussion on the revenue that could be generated. The next budget discussion will include looking for new revenue sources arid the tow contracts should be considered as a revenue ~tream. Commissioner Weiland noted if' the tow companies close, their, employees will also suffer a loss.' , ' , . Vice Mayor Hay clarified there is a current expense of approximately $10,000 annually for fleet tows. If a franchise were entered into it would be with the understanding that all fleet tows are free. Ms. LaVerriere explained if a franChise was used with two v~ndors, all other vendors would still have tow business, It would only be non-consent tows that would go to the franchise vendor. It was estimated that those tows generate approximately $250,000 a year in business. ' 12 Meeting Minutes Regular City Commission Boynton Beach, F L December 15,2009 Commissioner Weiland reiterated the agreement negotiated last year resulted ::in the vendors towing Class A vehicles for free resulting in a $38,000 savings. The ,current expense for tows is only $10,000 so the City is saving more than it is spending. Commissioner Rodriguez remained amazed that the City could expect vendors,to tow vehicles for free. Commissioner Ross suggested postponing any decision until March or April when more budget data was available. Motion Commissioner Weiland moved to extend the tow contract on a rotation basis with the six companies for an additional two years and lock in the prices charged. The citizens will be able to know what is paid for two years. He also wanted to know that staff was going to survey each company and make sure the six contractors fit the criteria for the tow contract. Commissioner Rodriguez seconded the motion for discussion. Ms. LaVerriere pointed out the language in the addendum calls for the adjustment of the rates charged up to the County rate as the standard. Vice Mayor Hay recognized it would not remain afixed rate. Commissioner Weiland corrected the motion to ,nclude the adjustment of the rates charged up to the County rate. The motion 'passed unanimously. Mayor Taylor thanked Commissioner Rodriguez and agreed with his logic and reasoning regarding the towing contracts. He pointed out that at least one of the tOWing companies had given Commissioner Rodriguez a campaign contribution and if should have been disclosed prior to votihg. The standard of disclosure should apply to all the Commission. E. PROPOSED RESOLUTION NO. R09-188 -- Interlocal Service Boundary Agreement Initiating Resolution with Palm Beach County. Attorney Cherof r~ad Proposed Resolution No. R09-188 by title' only. Mr. Bressner explained the resolution would formalize negotiations with the County for a long-ralige annexation plan. A parallel resolution would need to be adopted by the County. The timeline for the annexation could be one to 20 years. The process would allow for dialogue with the County to improve infrastructures where necessary. Commissioner Weiland recalled he had voted against the analysis for an Interlocal Service Boundary Agreement when it came before the Commission in June 2009 because going w~st would encounter opposition from many areas. as well as the southeast boundary area. He thought it would be a waste of time and monies, 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 15,2009 Motion Vice Mayor Hay moved to approve Proposed Resolution R09-188. Commissioner Ross seconded the motion. , ' , Commissioner Rodriguez noted ~here were pockets within the City that wogld 'not extend the boundaries. Mr. Bressner added it was a mechanism to wotk arouhd'the enclave language that prohibit~d annexation. Ken Lassiter, 6131 Book Lane, President of COWBRA, acknowledged the City of Boynton Beach had annexation clauses in many developments having water service agreements. Most of the agreements were not entered into with the current residents. Some were made with the original developers who are not the current stakeholders. He urged the City not to use the annexation clauses and instead file for referendum action to allow the residents to vote on the annexation. COWBRA would oppose the annexation if the majority of residents voted against any annexation and the annexation clauses were upheld in Court. The motion passed 4-1. (Commissioner Weiland dissenting) F. PROPOSED RESOLUTION NO. R09-189 -- Motion to approve award of Bid #072-2821-09/JA "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madsen/Barr Corp. of Lake Worth, Florida and Palm Beach Grading of Lake Park, Florida for a two-year period with an estimated annual expenditure of $250.000.00. Attorney Cherof read Proposed Resolution No. R09-189 by title only. Kofi Boateng, Director of Utilities, explained the contract wou'ld avoid any' health concerns and service interruptions caused by water or sewer main breaks; partiCularly those unable to be fixed by internal resources. Vice Mayor Hay commended Mr: Boateng and his staff for provic~;ng some of the best water in the State.' Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Commissioner Weiland heard on national news many areas were experiencing contaminated water supplies. He remained impressed that Boynton Beach maintained the water supply with little or no concerns. Mr. Boateng commended his staff..for the work they do to provide the services. 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 15,2009 The motion passed unanimously, 10. FUTURE AGENDA ITEMS A. 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 09-03,0 is subject to the discretion of the City Commission. (Tabled to January 2010) 11. NEW BUSINESS None 12. LEGAL A. PROPOSED ORDINANCE NO. 09-046 -- FIRST READING - Approve Ordinance Amending Stormwater Utility Fee to add a fifty cent ($0.50) surcharge to the monthly charge per equivalent residential unit (ERU) for a tidal canal dredgil1g program. Attorney Cherof read Proposed Ordinance No. 09-046 on first reading. Mr. Bressner noted the Commission had previously tabled the matter for additional information and the estimated cost. Applied Technology & Management (ATM) had estimated ~n initial cost of $150,000. They also identified other stakeholders that should be involve~i in the discussions. The decision to be made involved whether an impact study should' be done before the rates are raised. Funds are available to cover the study, ThE; policy decision would have to be made depending on the results of the study. The study would require an RFP. Mr. Livergood stressed a dredging program should not be commenced without knowing what is involved. Commissioner Weiland reiterated the Mayor's concerns relating to any damages to docks or seawalls and the liability issue. He suggested the middle of the canal could be dredged remaining a distance away from any docks or seawall. Mr. Livergood agreed it was a concern and the impact on private property needed to be assessed. He further pointed out the dredging would pertain only to the tidal canals. Mayor Taylor was uncertain the City needed to engage in the dredging business and stressed the monies for the study had not been budgeted. He was not in favor of the expense, It would add another' tax on the citizens Commissioner Ro<;jriguez stressed none of the canal issue was budgeted and the st()rm water fees were to be used. The cost of the study could be le~s depending.on the 15 Meeting Minutes Regular City Comn lission Boynton Beach, FL December 15, 2009 results of the RFP. There was money in the utility fund that could be used n(w and then allocated back from the fees collected. He contended the Commission should go forward with its original plan and not confuse the citizens with another reconsideration. He opined the dredging program should be dropped completely or get the study and move forward with the recommendations. Mayor Taylor countered that the decision had not been made. There was a sig'uificant difference between maintaining the canals and a dredging program that could cost over $5 million. Commissioner Weiland stressed he did not live on a canal. He was concerned that the canals not only be navigable but also health and safety concerns resolved. Vice Mayor Hay questioned the increase in the estimated cost for the study and Mr. Livergood replied it was necessary if a dredging program was initiated. There would ne~d to be ,a RFQ because it would be design services. Motion ' Commissioner Rodriguez moved to move forward with an RFQ for a study for the dredging program., He added the canal behind his home did no~ need to be dr.~dged and he would exclude it from any program of the City of Boynton Beach, Commissioner Ross could not support the expense. Commissioner Rodriguez repeated none of the canal ~ees were budg'eted. The increase in the storm water fee would cover the costs. The motion died for lack of a second. Motion Commissioner Weiland moved to not initiate a canal dredging study or program. Commissioner Ross seconded the motion. The motion passed unanimously. B, Provide policy ~irec~ion regarding scope of March 2010 referendum question regarding Old High School. Barbara Ready, 329 SW 13th Avenue, presented an idea for the adaptive reuse of the Old High School. , It would be a mixed-use project with income producing retail and office space as well as community be'nefit' areas, Capital Trust Agency (CTA) t~]at b.as new -market tax credits and historic preservation tax Credits had been contacted and both Chevron' Corporation and the National Trust for Historic Preservation may be sources for funding. The costs have not been determined and it was suggested that a feasibility study be undertaken by the City. Ms. Ready urged the City to support the project. " 16 Meetil19 Minutes Regular City Commission Boynton Beach, FL December 15. 2009 The CTA advised ,a 501(c)4 would give access to the funding and could allow for a forgivab'le loan. There would also be economic development bond funds availabl8. She urged the Commission to support the project and do a feasibility study to discover the funding sources that may be available. Allen Hendryx, 122 SE 4th Avenue. landscape architect and planner, allege.d new market tax credits'can be obtai'n~d for $6' million and the fraction's'would remain about the same. Once the City supports' the project it would be easier to solicit for dor~ations and develop fund, raising mechanisms. The grant monies would be additional The representative from eTA was 110t present. " Commissioner Rodriguez advised there was money available with new market tax credits. Mr. Hendryx noted the City would retain ownership with a 501 (c)4. Vice Mayor Hay confirmed the funding from the City over a four-year period could be $2 million or much greater. The figures were only guesstimates. Ms. Ready requested the Commission not take the issue to refere;ndum in March. She thought' further study was needed and funding sources should be investigated before the voters were consulted. Mayor Taylor disagreed with any,bond issue for $5.4 million. It did not even include the greening of the building that could cost another $2 million. A referendum with the numbers submitted would confuse and mislead the public. o ' Commissioner Rodriguez commended the presenters for coming forward with a plan to get the money, Ms. Ready advised the custody of the'sthool woUld have to be with lhe non-profit or 501(c)4 for the duration of seven years and then' revert back ,to City ownership. Mr, Hendryx noted the goal was for the building to be self-sustaining and it would include rental areas for office. City services and small boutique retail. There would be the benefits of having a community center in the downtown area. Commissioner Weiland reiterated his opinion that the Old High School should be'~aved, but did think it would happen. He would make his decision based on the best choice for the City and it will be something totally different he would divulg~ in the future. Vice Mayor Hay had also supported saving the Old High School, if possible. He needed more time to digest the information. Mr. Bressner stressed the referendum, if any, had to be finalized by the second meeting in January. He agreed with the Mayor that the dollar figure in the referendum ha~j to be realistic before the Commission could decide on the referendum issue. " " 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 15,2009 Mayor Taylor suggested the plan be given further study and consideration, but ,the referendum should move forward with developing the language.. He suggested the dollar figure be written out and the language include that an increase in the millage rate may be necessarY. Commissioner Ross stressed her decision would be based .on the best use of the school if saved. The best use should be the controlling factor. Commissioner Rodriguez emphasized it should be a cultural center and not a revenue source. Vice Mayor Hay contended the presentation was a positive step. John McGovern, 2620 Spiceberry Lane, urged the Commission to review the audio of the September 14111 City Commission meeting and amended the motion to refl~ct the words revitalize or tear it down that were part of the discussion. He supported removing the referendum. The building is currently in a state of neglect. More time is needed to develop plans for the building with the Historic Preservation Committee and address the need for education. Brian Edwards, 629 NE 9th Avenue, reiterated any disposition of the Old High School would not succeed without the total support of the City. It is a cultural center for the City. It will cost money and require a partnership with the City in total supporfof the efforts. Herb Suss, 1711 Woodfern Drive, suggested waiting until after the March election to allow the new Commission to decide if a referendum should be ~ubmitted at the next election so more a'ccurate figures can be determined. ' Patricia Lynch-O'Connell, 211 SW Lake Circle Drive, offered her' perspective it~hould not be viewed as a stand-alone project. It should be viewed In light of the entire downtown area and its future impact on the entire City. Ms. Smith, 1747 ::Banyan Creek Court, President of the Boynton Beach Historical Society, encouraged the Commission to look at the' proposal a~ a gift to the 'City of Boynton Beach. The City needs much more in the way of historical and cultural enterprises and this offers a great opportunity. ' .. Victor Norfus, 261 N. Palm Drive, maintained it should be a multi-use facility and the wording of the referendum is very important. It will not be a stand-alone cost. It could be utilized as a small City Hall 'presence if the City Hall were moved. Mr. Norfus .jid 'not support a referendum. The language should be specific and clearly state the monies will come from other funding sources other than the City. .' Mayor Taylor stressed the City had no money to spend and next year's budget would have a 15% decrease in revenues. If the City had $2 million, the priority may not be the Old High School. A bond will be required and the voters should know the actual costs. A new cultural center could be built for much less than $8 million. It should be more of an economic base for the area. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 15. 2009 Victoria Castello, 406 S Seacrest Boulevard, did not want the building and history of Boynton Beach to:be torn down. It should not go to referendum, Motion Commissioner' Rodriguez moved to abandon the referendum and give the people of the City an opportunity to save the High School. Mr. Suss had commented about having new Commissioners and this is history and once it is torn down it is gone, it cannot be rebuilt. The police referendum is not on the ballot because it won't pass because people can't afford it. A group wants to help and put a lot of effort in it and they: should be allowed to run with it and we do have to get behind them. This Commission has to support it and be advocates for history like the Museum. The motion is to abandon the referendum and work hard with this group to try and make it happen and stop talking about it. Commissioner Ross seconded the motion. The motion passed 3-2. (Mayor Taylor and Commi.ssioner Weiland dissenting) C. PROPOSED ORDINANCE NO. 09-047 - SECOND READING - Amending Storm water 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 .commending January 1. 2010 for fresh water, canal aquatic weed control maintenance program. . Attorney Cherof read Proposed Ordinance No. 09-047 by title onlv on second reading. He noted it was advertised for public hearing. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Weiland moved to approve. Commissioner Ross seconded the motion. Commissioner Rodriguez respectfully requested the Mayor take the challenge he made about his canal a'~d_ that either no work be done behind his home or he personally pay for any work done behind his home on this project. Mayor Taylor responded he did'not own a canal. It was a public canal. He had no canal for any benefit. Vote City Clerk Prainito called the roll. The vote was 5-0. 13. UNFINISHED BUSINESS None 19 Meeting Minutes Regular City Commission Boynton Beach, FL December 15,2009 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:29 p.m. r---"" Ronald Weiland. Commissioner ATTEST: 20