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Minutes 01-05-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JANUARY 5,2010 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 Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was given by Vice Mayor Hay. Commissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Weiland moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross recognized Citrus Cove Elementary celebrating their 20th Anniversary, and congratulated the Principal, Assistant Principal, teachers and students. 1 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Mayor Taylor announced the upcoming City Services Institute classes starting January 25, 2010 through March 22, 2010. It is an opportunity to learn more about City government, how it operates and the people involved. There is a $25 fee that includes all materials and a graduation dinner. Vice Mayor Hay wished everyone a Happy New Year and hoped everyone could work together for a better year and the betterment of the City of Boynton Beach. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the upcoming Ocean Avenue Concert. Kathy Biscuiti, Special Events Director, announced the Oceanfront Concert Series would be returning as the Ocean Avenue Concert Series. The concerts would be held on the third Friday of each month commencing January 15, 2010 through May. It would be held next to the Children's Schoolhouse Museum in the amphitheater including a large grassy area and two playgrounds in the near vicinity. Chairs or blankets would be needed. The Bulldog Rock n' Roll band would be performing first. Food and drink vendors would be on-site. No pets allowed. Mayor Taylor explained the events are sponsored by the Community Redevelopment Agency and must be held within their area. 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) Victoria Castello, 406 S. Seacrest Blvd., discussed the relocation of the police station to Renaissance Commons. She indicated the City Attorney's law firm had been paid $455,000 to represent the City. Mayor Taylor noted the City Attorney also saved the City millions of dollars. Ms. Castello noted there was not a great deal of back up materials available on the issue. LuLu Dacamara, 836 East Drive, pointed out a state-of-the-art library and Children's Schoolhouse Museum were both downtown. It is a perfect area for a cultural center in accordance with the latest development plan. The hearts of the cities along the coastline are downtown. The Chamber of Commerce, Police Department, City Hall and Library should remain downtown. She questioned if there was a plan to kill the downtown by moving the Chamber of Commerce, Police Department and possibly City Hall being relocated. If this happened, the area would become a slum area. Ms. Dacamara cautioned that people would remember how the Commissioners voted on certain issues when they vote in the municipal election. 2 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Charles Gaulkin, 8 Colonial Club Drive, protested the plan to move the Police Department. The plan would have a negative impact on the development along the coastal area and east side. He contended the proposed location was totally impractical. There would be traffic congestion created in emergency situations and restaurant and retail patrons would be intermingled with police and the associated criminal element. The expenditure of $15 million in tough economic times was disturbing. Mr. Gaulkin inquired about the status of the project at this time. Mayor Taylor explained the issue would come back before the Commission January, 19. There would be further discussion at that time and the Mayor welcomed interested parties to attend. Mr. Bressner added the responses from the contractors are available in the City Clerk's office. Mr. Gaulkin felt more than publishing the agenda should be done to notify the residents. Cliff Montross, 109 SW 18th Street, surmised that the police facility issue would be brought back before a Commission of only three members. He urged that the matter be tabled. He contended the Commissioners running for office had to step down 10 days before the election. Attorney Cherof advised there was no requirement that a Commissioner step down to run for the positions that are vacant. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. There was consensus to approve the collective appointments to each board, rather than each appointment individually. Arts Commission Commissioner Weiland appointed Dana Cook as a regular member. Vice Mayor Hay re-appointed Halena Wolf as a regular member. Commissioner Rodriguez re-appointed Donn Davenport as an alternate member Commissioner Ross appointed Christine Moeller as an alternate member. Commissioner Weiland commented he had appointed an alternate as a regular to give the alternate an opportunity to participate as a regular member. It does result in a regular member becoming an alternate member. Vice Mayor Hay contended if there was no problem with the current regular members, they should not be displaced. Mayor Taylor agreed with Vice Mayor Hay. The appointments passed unanimously. 3 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Buildinq Board of Adiustment and Appeals Mayor Taylor re-appointed Richard Kurtz as a regular member. Commissioner Weiland tabled his appointment for a regular member. Vice Mayor Hay re-appointed Sanford Guritzky as a regular member. There were no other applicants for the vacancies remaining. The appointments passed unanimously. Cemetery Board There were no applicants for the vacancies. Code Compliance Mayor Taylor re-appointed Jamie LaTour as a regular member. Commissioner Weiland appointed James Brake as a regular member. Commissioner Ross appointed Kathleen Carroll as an alternate member. There were no other applicants. The appointments passed unanimously. Community Relations Board Commissioner Ross re-appointed Phyllis Stern as a regular member Mayor Taylor re-appointed Joyce Mura as a regular member. Commissioner Weiland appointed Regina Waterhouse as a regular member. There were no other applicants. The appointments passed unanimously. Education and Youth Advisory Board Mayor Taylor re-appointed Mary Morera as a regular member. Commissioner Weiland re-appointed Loretta Wilkinson as a regular member. Vice Mayor Hay appointed Myra Jones as a regular member. Commissioner Rodriguez re-appointed Steve Waldman as a regular member. Vice Mayor Hay appointed Jose Dela Torre III as an alternate member. Commissioner Ross appointed Tiffany North as an alternate member. Commissioner Rodriguez tabled his appointment for a Student Non-voting member. Commissioner Ross re-appointed Robert Chiste as a student member. 4 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5,2010 There were no other applicants. The appointments passed unanimously. Emplovee Pension Board There was no applicant for the vacancy. Library Board Commissioner Rodriguez appointed Deborah Hoban as a regular member. Commissioner Ross re-appointed Jeanne Taylor as a regular member. Vice May Hay appointed Valerie Pleasanton as an alternate member. There were no other applicants. The appointments passed unanimously. Planninq and Development Board Commissioner Weiland re-appointed Candace Killian as a regular member. Vice Mayor Hay re-appointed Mathew Barnes as a regular member. Commissioner Rodriguez appointed Warren Timm as a regular member. Commissioner Ross re-appointed Steve Myott as a regular member. Mayor Taylor appointed Sharon Grcevic as an alternate member. Mayor Taylor appointed Leah Foertsch as an alternate member. The appointments passed unanimously. Recreation and Parks Board Mayor Taylor re-appointed William Orlove as a regular member. Commissioner Weiland appointed Jack McVey as a regular member. Vice Mayor Hay re-appointed Thomas Gresh as a regular member. There were no other applicants. The appointments passed unanimously. Senior Advisory Board Commissioner Ross appointed Patricia Frazier as a regular member. Mayor Taylor appointed Katharine Cregan as a regular member. There were no other applicants. 5 Meeting Minutes Regular City Commission Boynton Beach, FL. January S, 2010 The appointments passed unanimously. Veterans Commission Commissioner Weiland appointed Don Scantlan as a regular member. Vice Mayor Hay re-appointed Thomas Krabill as a regular member. Commissioner Rodriguez appointed John Farrington as an alternate member. Commissioner Ross appointed Morris Boruck as an alternate member. Mayor Taylor re-appointed Stanley Gavlick as an alternate member. There were no other applicants. The appointments passed unanimously. Motion Vice Mayor Hay moved to table those appointments not made. Commissioner Weiland seconded the motion. The motion passed unanimously. 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. Approve the Minutes from the City Commission meetings held on November 17,2009, December 1, 2009 and December 15,2009. B. PROPOSED RESOLUTION NO. R10-001 -- Approve an Agreement with Broadcast Music, Inc. (BMI) to acquire the licensing necessary to play music for public performance C. PROPOSED RESOLUTION NO. R10-002 -- Approve Cooperative Agreement among COALA (Cooperative Authority for Library Automation) member libraries to include the City of Boynton Beach, Town of Lake Park, Village of Palm Springs, Village of North Palm Beach, and Delray Beach Public Library Association, Inc., for the operation of a shared library automation system. D. PROPOSED RESOLUTION NO. R10-003 -- Approve 36-month Agreement with Paetec for existing phone-line equipment and ongoing long distance service. 6 Meeting Minutes Regular City Commission Boynton Beach, FL. January S, 2010 E. PROPOSED RESOLUTION NO. R10-004 -- Approve an agreement with Federal Property Registration Corporation for the administration of the City's Abandoned Personal and Real Property Ordinance 09-040 including the proactive notification to all mortgagees requiring their registration of vacant properties within the City's jurisdiction. F. PROPOSED RESOLUTION NO. R10-005 Approve a Railroad Reimbursement Agreement with the Florida Department of Transportation authorizing grade crossing signal improvements on the FEC rail line on Martin Luther King, Jr. Blvd./NE 10th Avenue. G. PROPOSED RESOLUTION NO. R10-006 -- Approve update to the fee schedule used by the Department of Public Works, Engineering Division in issuance of various permits from time to time within the public rights-of-way of the City. H. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. I. Approve the "VISTABELLA AT RENAISSANCE COMMONS REPLAT 2, A P.U.D." Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). J. Approve payment of $41,712 to R&S Integrated Products for the annual renewal of the Laserfiche software and scanner hardware maintenance. Motion Commissioner Weiland moved to approve the Consent Agenda as presented. Vice Mayor Hay seconded the motion. 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. Attorney Cherof presented the points of the settlement. It was litigation from deep well work done under contract. There was a mediated settlement agreement for the City to pay a lump sum of $950,000 to Southeast Drilling Services between January 11, 2010 and January 30, 2010. The amount includes release of $56,000 previously deducted by the City from amounts due the contractor as liquidated damages. The City would pay the cost of the mediator. Neither party will disparage the other party and Southeast Drilling will not be precluded from bidding on projects in the future. Each party releases the other from any claims and each pays their own attorney fees and court costs. There 7 Meeting Minutes Regular City Commission Boynton Beach, FL. January S, 2010 was a significant savings realized by the City due to a change in the project. The original claim was for $2.1 million. Approval of the settlement was recommended. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. Commissioner Rodriguez requested data on the amount budgeted for the settlement and the actual settlement to determine the net gain to the budget. Mr. Bressner advised he would provide the information. The motion passed unanimously. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Conduct Impasse Hearing and resolve open issues to settle SEIU - White Collar Collective Bargaining Agreement. Attorney Cherof outlined the public hearing process. Both the City and Union representative would have twenty minutes to present their proposals. The public would be given a chance to comment and then the Commission would deliberate and decide the two outstanding issues. Attorney Cherof further explained the public hearing was being held on the two open impasse issues. All other issues had been resolved through negotiations with the exception of wages and insurance. The Commission's role was to take action in the public interest including the interest of the public employees and the public in general. At the conclusion of the impasse hearing, a written collective bargaining agreement would be created covering all the issues to be returned to the Commission and Union for ratification. The City proposed no wage increase through the term of the agreement being the date of ratification to September 30, 2010. The Union proposed that effective September 30, 2010 all employee receive a 5% market adjustment to their base wage. The current wage freeze results in a $270,000 savings in the 2010 fiscal budget. The Union's proposal would drive up the base wages by 5% for an increase of $324,791 including salaries and associated FICA. The budget did not including funding wage increases for the bargaining unit. Non-bargaining unit employees did not receive an increase either. Attorney Cherof pointed out Police and Fire had ongoing contracts and had agreed to defer salary increases they had negotiated for their members for this fiscal year. Union negotiation status and wages were compared with the other cities in the area. The 8 Meeting Minutes Regular City Commission Boynton Beach, FL. January S, 2010 trend reflects no COLA increases or merit increases and the wages are comparable to other cities in the area. The PEPIE salary analysis reflected the wages were high in some areas and low in others. The City's proposal relating to insurance was for the employees to pay 25% of the premium cost for health and medical coverage. The Union requests the status quo be continued with the City paying 100% of the employee's premium for health insurance. The current cost of medical insurance per employee is $527 a month. The City's proposal would save the City $213,684. Statistics from the Bureau of Labor Statistics revealed that employees are required to pay some percentage of their health care coverage costs. It was also noted the Consumer Price Index fell 0.4 percent from 2008 to 2009. Attorney Cherof requested the Commission accept the City's proposal to keep the current wage levels with no increase during the term of the contract. He suggested the Commission reject the argument that the White Collar be treated like the Police and Fire Unions receiving wage adjustments on the last day of the fiscal year, Those contracts are continuing until 2010 and 2012 respectively. Attorney Cherof suggested the Commission accept the City's proposal that employees be required to pay 2S% of the premium for health insurance. The full increases in premiums could not be absorbed the City's budget in the years to come without the employees accepting a share of the cost. He also requested the Commission reject the proposal of the Union to be allowed to reopen bargaining if the cost for health insurance rises. Carl Booth, Bargaining Coordinator for SEIU,FPSU, (Florida Public Services Union), noted the negotiations went fairly well, but the ratification of the Police and Fire Union contracts to continue with the step increases, upset many of the SEIU members. Over 60% of the white collar bargaining unit lives within the City limits. They are revenue producers and givers within the City. He understood there was an economic crisis and the Union was working to partner with the City. He contended the workers lost some benefits in the last negotiated contract and several concessions have been made with the longevity and other areas. Mr. Booth felt the white collar workers were as important as the Police and Fire and should receive the same type of agreement. He requested the Commission do the right thing for other working folks within the City. Skip Lewis, Senior Code Compliance Officer and Union Steward, asked the Commission to accept the request for a raise on September 30, 2010. The cost of insurance issue was approved in the budget and the rest of City employees were not required to pay 25% of the cost per month. Many benefits were eliminated during the bargaining sessions. The white collar workers wanted to be treated fairly and many lived within the City. He thanked the Commission for the job they do and advised he did appreciate having his job. Mayor Taylor opened the issue for public hearing. 9 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Nick Skzrecki, 8003 Red Reef Lane, advised the streets in his development were destroyed by the garbage workers and wanted to know if the contract included provisions to hold employees responsible for damage. Mr. Bressner noted in several western communities there was a trail of hydraulic line leakage from one of the, Public Works' vehicles. Commissioner Ross and Mr. Livergood had attended the homeowners' board meeting. Attorney Cherof responded the collective bargaining agreement did include provisions regarding just cause disciplinary action and standards of conduct. There is also a provision for progressive discipline. Attorney Cherof stressed the disciplinary provisions of the contract are not before the Commission at this time. Mike Osborn, 3712 Coelebs Avenue, reminded the Mayor of his statement that he did not want to take away benefits when he was addressing the deferred compensation packages for management. The impasse involves other employees and not management, but the same standard should apply. As Commissioner Rodriguez stated management should set the example. Not all employees were being asked to pay 25% of their health insurance. Many of the employees pay for family coverage of $600 monthly and adding another $130 to $150 would mean employees making $12 to $15 an hour would spend their entire check for health insurance. Mr. Osborn indicated the Unions were looking for the same treatment that was afforded the Police, Fire and management. He stressed that a comparison should be made of what management brought to the table during negotiations and the budget hearings. It should be the same for all employees. Glenn Weixler, 1115 Villa Lane, opined the human element was left out of the City's proposal. As an employee he felt animosity because concessions had not been made by upper management while asking other employees to sacrifice raises for two years. Employees' attitude and efficiency would suffer and retention of quality employees will be an issue. Leslie Yanes, 7910 Piper Lane, Lake Worth, a 911 Communication Specialist, pointed out that statistics can be used to favor any outcome. She felt the cost of living increasies, together with additional health insurance costs, would only penalize the employees and that any increase or additional costs should be assessed on all employees not only a few. Ron McCrief 211 NE 9th Avenue, Delray Beach, a 20-year employee, noted the City had been cutting benefits for many years. The Unions had made concessions many times over the years and the City should give something back to the employees. He urged the Commission to appreciate the work done by the employees. Herb Suss, 1711 Woodfern Drive, stressed, in tough economic times, it would be deplorable to ask the white collar workers, who are also citizens, to pay 25% of medical coverage. 10 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Brian Edwards, 629 NE 9th Avenue, viewed the issue as a future negotiation item and to negotiate a change for all employees in better economic times. The 25% is a significant amount for many of the workers who are paid the least. Don Scantlan, 13 Cedar Circle, suggested the best practice was to give a pay raise that would offset the medical insurance payment resulting in a zero cost to the employee. The employees get a pay raise, but recognize their portion of the increase in medical coverage. Mr. Scantlan felt increasing their cost and not giving a pay raise would compound the economic crisis for many. No on else coming forward, Mayor Taylor closed the public hearing. Commissioner Rodriguez noted other negotiations and agreements were made during negotiations and questioned the net cost to the employee of the prior negotiations. Attorney Cherof replied there were concessions by the Union and management as part of the bargaining. One of the objectives of negotiations was to preserve the bargaining unit members' jobs. Commissioner Rodriguez confirmed none of the other bargaining units were paying a portion of their insurance coverage. He explained it was the Commission's responsibility to balance the cost of giving increases and maintaining benefits with the resulting tax increases to provide those benefits. Some type of documentation from the Union would have been helpful. He was open to discussion on the issue. Commissioner Weiland stressed it was a give and take from each party. He could not favor both the wage freeze and the 25% of medical costs. He preferred that all employees agree to the wage freeze for a year to avoid layoffs. Next year's bargaining sessions could include the 25% for medical coverage for all employees. Vice Mayor Hay emphasized any decision would have ramifications. The budget discussions concluded layoffs should be avoided and services should not be reduced. He did not favor both the wage freeze and 25% insurance costs. He hoped a compromise could be reached. Commissioner Ross agreed with Vice Mayor Hay. Mayor Taylor appreciated both sides. He stressed if jobs were lost, the employee would then have no insurance. He also pointed out raises were not given to any employees. Mayor Taylor's position was to maintain the status quo with the insurance and the wage freeze was necessary to retain all the jobs and positions. The issues could be revisited with the spring negotiations. Vice Mayor Hay inquired about the policy of other municipalities. Sharyn Goebelt, Human Resources Director, advised generally employers pay 90% and employees average 10%. If the employees assumed the 25% it would result in a $213,684 savings to the City. The total cost is $844,000 annually for medical, dental and vision. Mr. Bressner added the total cost was included in the budget's base. 11 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Motion Mayor Taylor passed the gavel to Vice Mayor Hay and moved to accept the City's proposal to keep the wages at their current level and no increase for fiscal 2009/10 and deny the City's proposal to require the employees to pay 25% of the premium for health insurance and to keep that at the City paying 100%. Commissioner Weiland seconded the motion. The motion passed unanimously. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. B. PROPOSED ORDINANCE NO. 10-001 -- FIRST READING - Casa Del Mar Yacht Club rezoning (REZN 09-003). Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a master plan for a multi- family use to IPUD with a master plan for a marina use. Attorney Cherof read Proposed Ordinance NO.1 0-001 by title only on first reading. Hanna Matras, Senior Planner, reported the property was originally approved for 82 multi-family units. Due to changes in the real estate market, that project was not economically feasible. In addition to rezoning to IPUD with a master plan for marina use, the applicant also requested a conditional use and new site plan with two variances. The zoning would remain IPUD, but a change in the master plan to marina use requires rezoning. The applicant submitted a request for an expedited schedule to accommodate loan requirements. The Land Development Regulations have been changed to correspond to the Comprehensive Plan text amendments incorporating in the IPUD use provisions and development standards for marine-oriented and water dependent users. The Master Plan with the rezoning included 320 dry and 32 wet slips and 75,000 square feet of building area. The project has a one-story boat show room and office, dry boat storage building and a retail store and office and there is a one story boat staging and wash down area. A dock would also be included. Staff reviewed the requests with the criteria of the Land Development Regulations and concluded the request was consistent with the Comprehensive Plan policies with no additional impact on the infrastructure. The project would contribute to the overall economic growth of the City. Staff concluded the height of 66 feet was incompatible with adjoining properties and could have a negative impact on adjoining single-family neighborhoods. The Code currently allows for 45 feet. The concerns would not be offset by the benefit. Staff did not support the proposed change with the height and recommended approval with compliance to the 45 foot maximum height for an IPUD zoning district. Bonnie Miskel, agent for the owner, advised the Planning and Development Board did recommend approval with the proposed height exceeding the 45 feet limit. The only issue with the IPUD zoning application was the height. The dry storage facility, located 12 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 in the center of the property, would be 66 feet 1 inch. All other structures were within the 45-feet limitation. Victoria Castello, 406 S. Seacrest Blvd., felt the matter should be tabled until the residents in the area were given more notice. Conrad Merry, 640 Dimick Road, had bought his house 15 years ago in the area zoned to be a residential area and not a six-story building next door. Harry Woodworth, 695 NE 15th Place, alleged the issue had not come before the Planning and Development Board until the Commission had removed every obstacle in the IPUD with the exception of height. He stressed, with the change in height for IPUD, the starting point for height exceptions would be 67 feet rather than 45 feet in alllPUDs within the Community Redevelopment Agency area. Tony Mauro, 2611 Lake Drive North, lived in the area of the proposed project since 2003. He applauded the City for designating the area as a marina area. There are currently homes and businesses in varying degrees of repair in the area and some are unsightly. Being creative to find ways to improve the area was commendable. Mr. Mauro felt every area needed an identity and he envisioned the area as a destination place close to the inlet. He contended the project was unique and very upscale. It would provide an incentive for other development in the area. Improvements to lighting and electrical poles would provide additional security to the neighborhood. The alternative of another project could be devastating to the community rather than a positive influence. Commissioner Rodriguez mentioned no one was challenging the quality of the project or increase in the tax base. The challenge was the height of the dry boat storage. Ms. Miskel noted the previous proposal for condominiums would have required a h~ight of 57 feet and the project to the north was approved for 50 feet. She stressed the dry boat storage was in the center of the property with the greatest setbacks from the neighbors. Multiple lines of sight varied in excess of 50 to 150 feet. The owner agreed to put the power lines underground on Dimick Road. Large canopy trees would be strategically located to minimize the view of the tall building. On the water would be a three story amenities building and on Federal Highway would be a sales building. A dock and wash-down area would be on the water and further screen the use from the neighbors. The project would more than quadruple the present tax base and create 25 to 35 new jobs. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 10-001. Commissioner Ross seconded the motion. Vote 13 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 City Clerk Prainito called the roll. The vote was 5-0. C. Pro-Golf I 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. (TABLED on December 15, 2009 in order for the applicant to satisfy the prerequisite public notification requirements.) Motion Commissioner Ross moved to remove Item 8.C from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mike Rumpf, Director of Planning and Zoning, reported the appeal was an administrative zoning interpretation as facilitated by the Land Development Regulations (LDR). The appeal would allow individual business operations at Mega Mini Self- Storage. The regulations prohibit individual businesses from operating in storage bays. It was specifically against the application of the regulations based on the project being vested from the regulations. The project was originally approved in 1978 and not limited to storage use at that time, according to appellant. Mr. Rumpf noted the appeal applied to 216 of the total 484 storage units. He reported the records were limited on the original approval and use. Mr. Rumpf reviewed the location of the facility and advised the current zoning was M-1, Industrial. The appellant implies the title, general warehouse and the business tax receipt allows uses in addition to storage according to the M-1 regulations. Mr. Rumpf contended warehouse was synonymous with storage with respect to zoning descriptions and parking requirements. He pointed out the M-1 regulations remain essentially the same as in 1978 when the project was approved. The M-1 zoning uses separate storage uses and is a separate sub-category. In the records all 400 units were described as storage units and subsequent phases were approved for storage uses. Various excerpts from previous minutes were read that limited the use to storage as mini-warehouses. The project did include large bays for the purpose of local businesses to store materials that vary in size and include office space in conjunction with a storage area. There were references to parking for dead storage. The Building Code requirements satisfied at that time were for storage. Phases added in 1985 and 1986 were referred to as warehouse building additions and specialized dead storage. The site plan shows a parking ratio of 1 :800 which is a storage parking ratio. Mr. Rumpf stressed the project was built as a storage project. There was limited parking designed at the bays. Active business uses require parking near the bays and citations 14 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 were issued for vehicles blocking isles and bays. The original permit record identified the project as storage and warehouse. The project does not meet minimum Code requirements for occupancy other than storage with minimal ventilation, facilities and separation walls. The fact that each bay has an electrical meter was not proof of an active business occupancy, The records also reflected the man-doors were for offices in connection with storage uses. (Commissioner Rodriguez left the dais at 8:47 p.m.) Mr. Rumpf admitted, over the years, various businesses had been licensed and limited to a storage-type use, but no manufacturing or industrial uses. There may have been errors made in licensing, especially if the applications were not clear on the intended use. Those errors should not be a criteria for future uses. Mr. Rumpf had also researched the property tax records and found Mega Mini was described as a storage use. There would be a difference in assessments and valuations between storage use and income producing business occupancy. He also noted prior denials of license requests had not been appealed. The records indicated that in 1992 a large parking area was approved for outdoor storage. The determination of use should be based on the evaluation of the building codes, fire ratings in various parts of the building, type of structure, zoning and site plan of the specific facility. (Commissioner Rodriguez returned to the dais at 8:51 p.m.) (Commissioner Ross left the dais at 8:52 p.m.) Applications have been withdrawn or operating tenants vacated the premises when license applications have been denied. Applications have contained generic leases with Mega Mini and they specifically state storage use only. If approved, life/safety matters and Building Code precedents could affect the many older self-storage businesses within the City, looking to capitalize on the outcome of this determination. Code Compliance only had access to a few of the bays and the violations going undetected could be significant and relate to unsafe conditions. Licensed businesses would be inspected regularly and known violations could be identified. There are over 600 bays within the City. Structural and electrical violations exist in many bays that were unpermitted. The recommendation was to deny the appeal in spite of the fact the Commission supported local businesses. If the appeal were granted, Mr. Rumpf asked staff be given direction to review the LDR to be modified to accommodate such uses and satisfy applicable Building Codes. The property owner views improvements to comply with Codes as being financially not feasible. Michael Weiner, agent for the applicant, introduced Bob Gaudio, 301 Isle of Capri Drive, Ft. Lauderdale who is the present manager of the property. Mr. Gaudio indicated there were over forty meters installed for individual bays during the original construction of the first phase. The units are 600 to 1080 square feet in size and the Code indicates a storage bay cannot exceed 450 square feet. There was no economic reason in 1978, 15 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 1990 and 2010 to provide separately meter units with 110 and 220 electrical power. Mr. Gaudio recalled that in 1978 self storage was not an industry. At the time, financing required a dual purpose property. The property has been in existence for over 30 years with only one safety related issue having occurred. He contended the property had always been a multi-purpose property. He corrected the name of the property to be Mega Mini Storage and Small Business Industrial Park. The name and signage had been approved following Hurricane Wilma. Mr. Weiner added the facility had 19 offices. Glenn Freet, 3184 SE 1ih Street, Pompano Beach, has been involved with the property as a partner and now general partner for the past thirty years. He stressed the property had always been a multi-use business property with storage. Olivia Knight, 14783 Woodlodge Lane, Delray Beach, had been employed by Mega Mini for seven years and has seen numerous businesses working out of bays and very busy. The Boynton Mall was the only tenant who exclusively used it as storage. Most units were rented for businesses and inspected by the City. Due to action on the part of the City, many tenants moved their businesses or lost their businesses completely starting two years ago. Mr. Weiner appreciated staff's concerns and agreed with staff that two-thirds of the property was dedicated to self storage. However, 216 larger units were available for all M-1 uses. He reviewed the expansion of the property over the years and noted in 1986 the Code did not contain Section 11.0.1.c being the self storage ordinance. The property has continuously been zoned M-1 with many permitted uses. He pointed out the uses of storage, distribution and wholesale uses were grouped together and contended storage or warehouse, under the Code, did not equal self storage or mini warehouse. The current uses were all permitted uses in M-1 zoning since 1974. Mr. Weiner stressed the parking requirements in the self storage ordinance in 1986 sets parking requirements based on 200 bays per one space or 75 storage bays for one space. Using the most liberal standard, the facility would only need eight parking spaces. He emphasized the project was completely built before the self storage ordinance in 1986 was enacted. The 1978 minutes do reflect that over 100 parking spaces would be required, a far greater number than required for self storage. The minutes do not contain a condition of approval limiting the use to self storage. It was conceded that the 19,000 square foot addition was self storage. The request was for only one-third of the bays to remain available for general M-1 permitted uses and two-thirds for self storage. There is sufficient parking for warehouse uses and M-1 uses based on square footage. In 1992 there was a request for amendment for outdoor storage and the parking was approved to 200 spaces. Mr. Weiner added that $2 million had been spent for repairs after Hurricane Wilma. In 2006, the City began denying Certificates of Occupancy and Business Tax Receipts. 16 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Mr. Weiner alleged there were three legal reasons that the applicant should prevail. First, the uses are permitted uses, special conditions were never applied and the applicant was properly grandfathered in and would not need to comply with later ordinances. Secondly, the theory of latches would apply when someone sits on one's rights to the detriment of another party's rights. For 30 years the property operated with operating businesses within the bays and any use restrictions were not enforced until 2009. Forty licenses were issued in 10 years. The third reason was the Statute of Limitations based on the operation of the business for several decades with multi- purpose uses. There was no action by the City for 21 years and it was not limited to a single use during that time. Mr. Weiner further argued that the application of zoning regulations to restrict an existing use of property resulting in diminishing the value of a property would constitute a taking by a governmental agency requiring the payment of compensation. The owners have been paying taxes based on the use code of 480, warehouse distribution terminal. He urged the Commission to allow 216 units to be used for M-1 uses and remaining units continue as self storage. Mayor Taylor opened the issue for public hearing. Victoria Castello, 406 S. Seacrest Boulevard, advised she was on the Planning and Zoning Board and assisted in writing the Master Plan many years ago. The Board did care a lot about the City. She stressed the importance of keeping complete records. Herb Suss, 1711 Woodfern Drive, offered his opinion that the units pictured appeared to be unsafe. He cautioned against the storage of fertilizer and suggested the units should be inspected on a more regular basis. He opined manufacturing uses should not be allowed. Nick Skzrecki, 8003 Red Reef Lane, a tenant at the facility, indicated the entire area is industrial and light manufacturing should be allowed. It was built under different codes. He suggested the City should be generating money from licenses and taxes for the City. Improvements to the facility have been made, but the current issue has made further improvements impossible. The park is hidden from view and if left vacant would attract vandalism and squatters. It did offer an opportunity for small businesses to start in a small space and hopefully expand. John Behan, 8243 White Rock Circle, had investigated opening a small business at the facility and was aware of the ongoing dispute. He remarked the Commission should be helping to create jobs and not deny others the opportunity to create jobs. He agreed the facility should be grandfathered and small businesses should be allowed at the site. Mayor Taylor noted he had moved next door to the site in 1980 and has not heard a single complaint regarding the park. The park was surrounded by awall and nicely landscaped. He had recently visited the entire site and did not see any pr~blems. 17 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Licenses have been issued, fire inspections have been done and it has been ongoing for 30 years. Mayor Taylor agreed the site should be grandfathered in and the Code issues should be addressed. Commissioner Ross disclosed she had met with the applicant and his attorney previously. She could not negatively impact the small businesses and noted it did not have safety issues. Many highly successful businesses had started at the ground level in this type of space. Commissioner Rodriguez indicated both sides had presented valid arguments. He stressed the Commission did want to support small businesses. There were safety issues that needed to be mitigated. There would be the opportunity for revenue from business licenses if the 216 bays were operating as businesses. Attorney Cherof cautioned the appeal was based on the specific decision to not allow the business operations of Pro Golf/Mega Mini in the M-1 industrial district. Other conditions could not be added. The other issues would be administrative decisions to be addressed after the appeal issue was resolved. Commissioner Rodriguez wanted assurances that the other issues that were present would be addressed and Vice Mayor Hay agreed. Commissioner Weiland added the facility was his neighbor also and he did not want to jeopardize anyone's livelihood or quality of life. He divulged he has met with the applicant and his attorney. They agreed to correct any issues to ensure the facility is safe. Attorney Cherof clarified if the appeal was granted, how each application submitted thereafter is handled would be another matter. The only issue for decision at this time was the Pro Golf/Mega Mini appeal. Mr. Weiner indicated the appeal was based on a letter from Mr. Rumpf explaining the application of one tenant could be refused based on the theory the entire complex was self storage. Granting the appeal would set a precedent for future applications relating to the 216 bays and M-1 uses. Commissioner Weiland revealed from 1982 through 1986 he ran a business out of the establishment along with plumbers, carpenters, cabinet makers, lawn maintenance, and electricians. He had a phone and electric at the site. The operation has been ongoing since 1979. Commissioner Weiland wanted to be business friendly and make sure it was safe for the community. He trusted any Code violations would be investigated. Motion Commissioner Weiland moved to grant the appeal In favor of the applicant. Commissioner Ross seconded the motion. 18 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Vice Mayor Hay questioned what leverage the Commission had to ensure any violations were corrected. Mayor Taylor responded Code Enforcement would intervene. Mr. Bressner explained staff's concern was issuing a business license for a business that is not allowed in the particular zoning district. If approved the businesses granted licenses would be subject to the regulations including basic life safety issues and inspections for basic compliance. Units not properly maintained could put inspecting staff at risk. The motion passed unanimously. (Meeting recessed at 9:59 p.rn.) (Meeting reconvened at 10:07 p.rn.) Mayor Taylor announced Commissioner Ross had to leave the meeting and had requested the tabling of three items, 9.F and 12.A and 12.B. The applicant agreed. Motion Commissioner Weiland moved to table Item 9.F. The motion passed unanimously. Motion Commissioner Weiland moved to table Items 12.A and 12.B. The motion passed unanimously. 9. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-007 -- (a) Approve and authorize execution of a Contract for "OCEANFRONT PARK BOARDWALK REPLACEMENT" Bid # 002-2730-10/CJD with: PALM BEACH MARINE CONSTRUCTION INC. of West Palm Beach, Florida, in the amount of: $1,281,262 plus a 10% contingency of $128,126 for a total expenditure of: $1,409,388 and (b) Waive a minor technicality in the bid submission. Commissioner Weiland noted there was a difference of approximately $900,000 between the amount budgeted and contract price. Mr. Bressner replied there would be a savings; however, the funding was from impact fees. Commissioner Weiland understood the monies could not be transferred to the General Fund and used for salary increases, but he was impressed with the savings being realized. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Accept the City of Boynton Beach FY2008/2009 Annual Grants Report. 19 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Motion Commissioner Weiland moved to accept Item 9.B. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures as of November 30,2009. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. Commissioner Rodriguez inquired if there were any areas of concern. Barry Atwood, Finance Director, replied for the first two months, the City was doing reasonably well. It was difficult to project future gains or losses. Trends were monitored. Mr. Bressner predicted there would be another 15% in property value reductions while 12% was budgeted. The motion passed unanimously. D. Review property notification language and procedures for CRA Brownfield program. Mr. Bressner advised there were only 116 parcels and certified mailings would not be difficult including the opt in and opt out notification and forms. City staff would receive the responses and provide the information to the CRA staff. Attorney Cherof indicated a response would only be required for those wishing to opt out of the designation. Ms. LaVerriere noted a card would be sent to those responding acknowledging receipt of the form. Commissioner Rodriguez established the City would be maintaining the brownfield designations and nothing would be recorded in the County records. Mr. Bressner noted a basic fact sheet would be included in the mailing, plus a Q & A insert. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. E. PROPOSED RESOLUTON NO. R10-008 -- Award a contract for Bid #004- 2821-10/JA, "Regional Force Main Jack & Bore Project" to Johnson-Davis, Inc. (J-D) of Lantana, Florida with a bid price of $1,021,270, also approve an owner's contingency of 10% in the amount of $102,127 for a total project funding authorization of $1,123,397. Motion 20 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5,2010 Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. F. Review of Renovation Plan for Historic Boynton Beach High School submitted to the City Commission on December 15,2009. (This item was tabled.) G. Reject the nine (9) highest bids the City received in response to the Invitation to Bidders. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. PROPOSED RESOLUTION NO. R10-009 -- Award a contract for Bid #005- 2821-10/JA "Regional Force Main Project" to Danella Utility Construction, Inc. of Pompano Beach, Florida with a Bid price of $4,209,900, and to also approve an owner's contingency of 10% in the amount of $420,990 for a total funding authorization of $4,630,890. Motion Commissioner Rodriguez moved to approve Resolution R10-009. Vice Mayor Hay seconded the motion. 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 09-030 is subject to the discretion of the City Commission. (Tabled to January 2010). Motion Commissioner Rodriguez moved to remove Item 10.A from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Commissioner Rodriguez moved to table the matter to after the election. Vice Mayor Hay seconded the motion. The motion passed unanimously. 21 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 11. NEW BUSINESS None 12. LEGAL A. 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 section 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. (Request for Reconsideration by Commissioner Marlene Ross of Ordinance 09- 044 which was adopted on second reading at the December 1, 2009 Commission Meeting was approved by the Commission on December 15, 2009.) (This item was tabled) B. PROPOSED ORDINANCE NO. 09-048 -- SECOND 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 IPUDzoning district for marine-oriented and water-dependant uses, as processed by Ordinance 09-044. (This item was tabled) C. PROPOSED ORDINANCE NO. 10-002 -- FIRST READING -- Approve changes to the Sewer Use Ordinances as per the revised Industrial Waste and Pretreatment Agreement between the City of Boynton Beach, the South Central Regional Wastewater Treatment and Disposal Board and the City of Delray Beach. Attorney Cherof read Proposed Ordinance No. 10-002 by title only on first reading. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 10-002. Vice Mayor Hay seconded the motion. 22 Meeting Minutes Regular City Commission Boynton Beach, FL. January 5, 2010 Vote City Clerk Prainito called the roll. The vote was 4-0. 13. UNFINISHED BUSINESS None 14. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 10: 18 p.m. ATTEST: CITY OF BOYNTON BEACH Ronald jf1iland, Commissioner J:;;;;;::4(___ Marlene Ross, Commissioner 23