Loading...
Minutes 02-02-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, FEBRUARY 2, 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 Rodriguez Mayor Taylor called the meeting to order at 6:31 p.m. The invocation was given by Vice Mayor Hay followed by the Pledge of Allegiance to the Flag led by Commissioner Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections Mr. Bressner requested that an update on the Galaxy School construction be added to the agenda under New Business. Commissioner Ross requested a discussion relating to events to be held at the mall also be added under New Business. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Weiland seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Commissioner Weiland thanked and praised the Boynton Beach Fire Department for the pancake breakfasts and the public participation. The proceeds are used to support the Firefighters' Athletic League and their activities. Mayor Taylor noted the Athletic League usually supports two Little League teams. Public demand for the breakfasts resulted in three breakfasts held each year. He encouraged everyone to attend. Commissioner Ross concurred. Commissioner Weiland wanted to read into the record facts regarding the move of the Police Department. Commissioner Rodriguez suggested the matter should be tabled until the item on the agenda arises. Commissioner Weiland advised his remarks did not relate to the matter on the agenda. Mayor Taylor allowed Commissioner Weiland to read his statement. Commissioner Weiland established with Chief Immler that the Renaissance Commons location could be adopted for a police station use. He also noted that prisoner transport vans were used to transport those individuals charged with crimes directly to the Sheriff's Department and jail for booking. Only individuals with misdemeanors or code violations receiving a notice to appear or being interviewed, would be brought to the police station. Commissioner Weiland advised he had received numerous phone calls and emails relating to the relocation of the Police Department and the facts should be clarified. He read the following statement into the record: "In December of 2006, the City Commission discussed the need for new space for the Police Department. Pros and cons of the discussion were for Gateway Boulevard, Quantum Lake Drive and South Congress Avenue as a temporary location. But all choices were western locations, out of the downtown area. Of our current Commission, Mayor Taylor and Commissioner Rodriguez supported the move of the P. D. to a South Congress Avenue facility. I did not serve on the Commission in December of 2006. On February 13, 2007, Chief Immler reviewed three possible locations previously proposed and under the City Manager's Report it was Mr. Bressner's recommendation to renovate Fire Station #2 at an approximate cost of $100,000 from capital improvement money as a temporary location for the Police Department. The vote was unanimous including Mayor Taylor and Commissioner Rodriguez and I. That was my second meeting after being re-appointed to the Commission. Once again, the move was to relocate police services outside of the downtown at recommendation of staff. On August 19, 2008, the Commission was presented a report and a recommendation on funding of a new police administration building on City-owned property at the southeast corner of Gateway Boulevard and High Ridge Road. Under the City 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Manager's Report staff recommended proceeding with the sale of bonds in the amount of $25 million to fund the public safety complex project. After discussion, Mayor Taylor declared there was a consensus to move forward with the 81,000 square feet police facility to be built at the $25 million price range. All current Commissioners agreed to staff's recommendation for the City Manager to proceed to relocate the Police Department to High Ridge Road. Third time it was a publicly discussed and approved, was to relocate the Police Department west, outside of the downtown master planning area. In 2009 the City Commission issued a request for proposal to solicit responses from developers for the relocation for the Police Department and/or City Hall. City staff ranked the four proposals with three of the proposals being west of the downtown boundary. The City staff recommendation was for the Commission to select and construct a free standing building same as 2008, at a cost of $25 million of bonds which over the life of the bonds would roughly cost the taxpayers $50 million. I believe it is time to secure a permanent home for the Police Department. In the best economic time the Commission would have to adhere to staff's recommendations. However, the staff report presented on November 17, 2009 stated a cost for the free- standing building at High Ridge Road was $23,600,000 for an 81,000 square foot police facility while Renaissance Commons was for 66,000 square foot shell office space at a cost of $12,477,000 with an additional interior build-out cost of up to $4 million. I believe, if we can save taxpayers money of $11,133,000 and still achieve the goal of providing office space for the Police Department then it is a win-win for all. Additionally, as of December, 2009, Chief Immler reported crime is now 17.5% lower than in 2004. He also reported that the City, overall, has seen a decrease of crime approximately 3% and within the southern district of the CRA is at 2.7%. My need for clarification has been two-fold. Since 2006, previous and current Commissions have voted unanimously to relocate the Police Department operation and administrative City services out of the downtown. Potential relocation has a side benefit by providing future redevelopment opportunities including consideration for relocating Public Works out of the HOB area which I have been in favor of and pushed for, for some time. The existing Commission issued a legal, public RFP process and received appropriate responses from three participants. The Commission even authorized a fourth respondent to present who had not followed RFP protocol. After listening to the proposers and staff's recommendation if staff is successful in negotiating a purchase agreement at Renaissance Commons with cost slightly more than $15 million and terms, the Commission can agree on. Only then will it be time to move forward and potentially save the taxpayers more than $11 million. But until then, staff is negotiating those terms to bring back to the Commission for finalization, everything else is speculation and spin. It is unfortunate, we all know we had a double homicide within a block and a half of this Police Department a couple nights ago. I'm trying to point out that it shows because the building is sitting here, does not mean crime is going to be lower." 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 2,2010 Commissioner Weiland gave the City Clerk the research he had done. He thanked the Commission and Mayor for the time to explain. Commissioner Rodriguez thanked Commissioner Weiland for the information. He further commented that at one point the new facility was approved; however, the wisdom of the reality became apparent during the budget discussions and spending $30 million was inappropriate. The Commission then determined that a referendum would be beneficial. Commissioner Weiland challenged the referendum and moved to reverse the referendum. Commissioner Rodriguez confirmed with Chief Immler that his preference would be a stand-alone building to design and meet the needs of the department and the City. Chief Immler did not indicate an existing building could not be made to serve the same purpose. He reiterated his preference would be to have a stand-alone building designed to meet the needs of the department. Vice Mayor Hay commended the City for the response to aid the Haitian people. He also expressed appreciation for Mr. Bressner's attendance at the Martin Luther King banquet and the march in spite of being ill. Vice MaYtor Hay encouraged everyone to be present for the dedication at 10 a.m. on February 4 h for the mural that was painted on MLK Boulevard. Commissioner Rodriguez announced his recent marriage and introduced his wife, Sara and new daughter, Logan. Congratulations were offered. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcing the upcoming Movies on the Avenue event. Kathy Biscuiti, Special Events Director, announced a new series called "Movies on the Ave" to be held on Ocean Avenue at the amphitheater. The first movie would be Hairspray to be shown from 7 p.m. to 9 p.m. It would be a free event with food and drink vendors onsite. No pets would be allowed. It would be a fun, family event. The series will run the first Friday of each month through June. B. Announcement of the upcoming Ocean Avenue Concert. Ms. Biscuiti also noted the concert series would be held the third Friday of each month. This month the band Wildfire would be featured. It would be held in the same area. Commissioner Weiland commended Ms. Siscuiti on the success of the events for the residents. C. Permit recognition of City Clerk Janet Prainito, who has earned the designation of Master Municipal Clerk from the International Institute of Municipal Clerks. 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Mayor Taylor recognized Janet Prainito, City Clerk, for having achieved the designation of a Master Municipal Clerk. Lori LaVerriere, Assistant City Manager, congratulated Ms. Prainito for working for many years to attain the Master level as a Municipal Clerk. It required advanced education and community activity that very few Clerks can attain. The City was very proud of her accomplishment. Mayor Taylor commented Mrs. Prainito who has been with the City for 19 years and done a super job. 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) Robert Ganger, President of Gulfstream Civic Association, remarked on the proposed new Walmart on Federal Highway. He had attended the Planning and Development Board meeting and claimed they rushed the project through the approval process without addressing the concerns and suggestions of the neighbors. The plans were being tweaked by the architects the night before the meeting and were not available for public view to determine any impact on the Place au Solei! development and the residents. Issues relating to landscaping, traffic patterns, pollution, well contamination and refuse storage were recognized by the staff. Mr. Ganger's primary concern was public safety and crime prevention resulting from a 24-hour operation. He stressed the residents he represented were not necessarily opposed to the plan, but requested careful consideration of all aspects of the project with a view to making it the best it could be to serve the community. Mayor Taylor indicated the previous occupants of the establishment at the site had much greater crime with shootings on a regular basis. The Commission would listen to all concerns. Commissioner Weiland stressed the store was only 95,000 square feet. Carl McKoy, 69 Citrus Park Lane, expressed his concern with the fence at the Ezell Hester Center that has been down for several months, creating a temptation for the children passing through the area. Wally Majors, Director of Recreation and Parks, reported he had signed the purchase order for the fence and the repair should be started very soon. Dr. Piotr Blass, 113 West Tara Lakes Drive, offered his sympathy for those in Haiti and advised he had worked on earthquake detection and safety in Peru and around the world. He hoped to be able to prevent such devastation in the future. He urged all citizens to assist in the relief efforts. Dr. Blass also noted the new chairs at the beach were very nice, but hoped there would not be many more added to diminish the natural beauty of the beach. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Herb Suss, 1711 Woodfern Drive, complimented the Fire Department on their response to a medical emergency in his neighborhood. Mr. Suss requested documentation from the inspections of the drywall at Renaissance Commons. In view of the monies invested and health of the officers, proof of the inspections should be made available. Mayor Taylor reiterated his previous remarks that the insurance carrier would resolve any issues relating to the drywall. The dispute is between the private property owner and the insurance company. Commissioner Rodriguez added City inspectors would be involved before any Certificate of Occupancy would be issued. Victor Norfus, 261 N. Palm Drive, announced the Heart of Boynton Heritage Fest on February 19 and 20. A fund raising event would include a yard sale and barbeque on February 13, and February 15 the Boynton Woman's Club would be discussing Foundations of Faith, a report on the African American History of Boynton Beach. The opening of the Heritage Fest would be at the Ezell Hester Center. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Lloyd McCoy, a regular member of the Community Relations Board. Motion Commissioner Weiland moved to accept the resignation of Lloyd McCoy. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Mayor Taylor appointed Victor Norfus as a regular member of the Community Relations Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay appointed Doris Jackson as an alternate for the Community Relations Board. Commissioner Weiland seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay appointed Cathy McDeavitt to the Employees Pension Board. Commissioner Ross seconded the motion. The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 2,2010 Herb Suss, 1711 Woodfern Drive, reiterated his interest in allowing willing volunteers to serve on more than one advisory board that are not quasi-judicial. Mr. Bressner noted a long-term objective of the strategic plan was to review the duties and functions of all boards and streamline their purpose. Mayor Taylor indicated there was only one regular appointment open and all other vacancies were alternates. It was important to involve as many individuals as possible in the City. Mr. Bressner advised it was the Commission's policy and past practice for a considerable time. Attorney Cherof added comparative studies had been done several years ago and could be reviewed and revisited for conflicts. Vice Mayor Hay thought it was a valid point and should be considered with limitation to two boards. Carl McKoy, 69 Citrus Park Lane, added the Commission had the authority to deal with the concern because there was no policy in place. A motion could be made and the Commission should vote on each appointment. 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 meeting held on January 5, 2010. B. PROPOSED RESOLUTION NO. R10-014 - Approve Piggy-backing of a contract between the City of Lake Wales and the ISI Water Company (a.k.a. Water Company of America) for Utility Revenue Enhancement Services. C. PROPOSED RESOLUTION NO R10-015 -- Authorize application for a grant in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, for the 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees and palms in Pence Park and in the medians on S.W. 4th Street. Commissioner Rodriguez pulled Item 6.C for discussion. D. PROPOSED RESOLUTION NO. R10-016 -- Approve and authorize execution of the agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach 7 Meeting Minutes Regular City Commission Boynton Beach, FL February 2,2010 E. PROPOSED RESOLUTION NO. R10-017 -- Authorize City Manager to sign Local Government Verification Forms on behalf of the Cornerstone Group for the developer's participation in the New Issue Bond Program (NIPB) administered by the Florida Housing Corporation, to support the completion of the final phase (64 townhome units) of The Preserve development. . F. PROPOSED RESOLUTION NO. R10-018 -- Approve the payment of $28,644.79 to Midrange Support and Service, Inc. for the annual renewal of the AS/400 hardware and operating system support and maintenance. Commissioner Rodriguez pulled Item 6.F for discussion G. PROPOSED RESOLUTION NO. R10-019 - Designate Jeff Livergood, Director of Public Works and Engineering, as the appointed representative to the Technical Advisory Committee (TAC) of the Palm Beach County Metropolitan Planning Organization (MPO). Commissioner Ross pulled Item 6.G for discussion. H. Approve the "SURPLUS VEHICLE / EQUIPMENT LIST" as submitted by Public Works / Fleet Maintenance and allow for the auction of the same. I. Review and accept the FY 2009 -10 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the three-month period ended December 31, 2009. J. Approve the proposed monuments commemorating "Gold Star Mothers" and "POW / MIA's"; and, four (4) commemorative benches, as funding permits. Mayor Taylor pulled Item 6.J for discussion. K. Authorize City Administration to exercise the City's Lease Option or Buy-Out Option rights under the existing contractual agreements as approved in 2006. L. Review and approve FY2011 Federal Appropriations submittals. Commissioner Ross pulled Item 6.L for discussion. Motion Commissioner Ross moved to approve the Consent Agenda with the exception of Items C., F., G., J. and L. Vice Mayor Hay seconded the motion. The motion passed unanimously. 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 6.C. PROPOSED RESOLUTION NO R10-015 -- Authorize application for a grant in the amount of $24,000 from the Florida Department of Agriculture and Consumer Services, for the 2009-2011 Forest Health Improvement Initiative Grant Program to plant trees and palms in Pence Park and in the medians on S.W. 4th Street. Commissioner Rodriguez questioned if the grant would be limited to parks. Debbie Majors, Grant Coordinator, understood it was parks, open green spaces and City-owned property. Commissioner Rodriguez was interested in beautifying the wide swale area along Seacrest. Mr. Bressner stressed it was a county right-of-way. Commissioner Rodriguez requested that additional funding be sought for the swale along Seacrest. Commissioner Weiland cautioned that further evaluation of safety issues and safe access from driveways would have to be reviewed. Mayor Taylor thought the issue should be brought before the Commission at another time. Motion Commissioner Rodriguez moved to approve Item C and request the Parks Department to research additional funding for Seacrest beautification. Mayor Taylor felt the additional request should be brought on another agenda so more information would be available. Jeff Livergood, Director of Public Works and Engineering, advised for several years there had been discussion on the planting of trees along Seacrest from Boynton Beach Boulevard to Woolbright. The grant funding was not available and had stalled the project. Mayor Taylor declared the motion failed for lack of a second. Motion Vice Mayor Hay moved to approve Item C. Commissioner Ross seconded the motion. The motion passed unanimously. 6.F. PROPOSED RESOLUTION NO. R10-018 -- Approve the payment of $28,644.79 to Midrange Support and Service, Inc. for the annual renewal of the AS/400 hardware and operating system support and maintenance. Commissioner Rodriguez inquired if there would be any impact with the hardware being at a remote location and managing the processes. Ms. LaVerriere maintained the idea had been thoroughly reviewed and it would avoid the purchase of approximately $100,000 of hardware. The migration will take six months and have little or no impact. Motion Commissioner Rodriguez moved to approve Item F. Vice Mayor Hay seconded the motion. The motion passed unanimously. 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 6.G. PROPOSED RESOLUTION NO. R10-019 - Designate Jeff Livergood, Director of Public Works and Engineering, as the appointed representative to the Technical Advisory Committee (TAC) of the Palm Beach County Metropolitan Planning Organization (MPO). Commissioner Ross inquired about the Commission's position with the Metropolitan Planning Organization. Mayor Taylor recalled the new appointments would be made after the election. Quintus Greene, Director of Development had previously held the position for ten years. Motion Commissioner Ross moved to approve the proposed Resolution. Commissioner Weiland seconded the motion. The motion passed unanimously. 6.J. Approve the proposed monuments commemorating "Gold Star Mothers" and "POW / MIA's"; and, four (4) commemorative benches, as funding permits. Tom Kaiser, 2050 SW 10th Court, Delray Beach, presented plaques to Mayor Taylor and City Manager Bressner thanking them for their assistance with the veterans. He reviewed the monuments to be dedicated and noted bricks were available for sale commemorating individual veterans. Four monuments would be dedicated each year. Motion Commissioner Ross moved to approve Item J. Commissioner Weiland seconded the motion. The motion passed unanimously. 6.L. Review and approve FY2011 Federal Appropriations submittals. Commissioner Ross highlighted the many projects submitted and if the funding were approved it would greatly reduce the local cost. The list included Congress Avenue Community Park, Hester Center retrofit, Pence Park lighting, Quantum Eco Park, municipal grounds landscape retrofit, Library energy retrofit, firefighter personal protective equipment, response time initiative, EMS cardiac chest compressions system and four Community Redevelopment Agency projects for a total of $55 million. Mayor Taylor explained these were project requests for federal funding submitted through Senator Ron Klein. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 7. BIDS AND PURCHASES OVER $100,000 A. Authorize City staff to seek proposals from contractors currently performing utility installation work for FPL and Palm Beach County for the installation of the City's 36" water main on Military Trail. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify. A. Request relief from Chapter 21 Signs, Article IV, Section 3. B. limiting maximum sign area to 160 square feet, to allow an additional 40 square feet of signage and a variance of 40 square feet in the C-3, Community Commercial zoning district. Applicant: Agree Limited Partnership. Ed Breese, Principal Planner, reviewed the request of the applicant for additional signage exceeding the maximum by 40 square feet. The request was for a Dick's Sporting Goods to occupy the Circuit City space including an addition to the building. Their reservation is the lack of visibility to the signage and a variance was requested. Any lease agreement between Agree Limited Partnership and Dick's Sporting Goods would hinge on having unobstructed signage. Mr. Breese located the property and described the surrounding area. The addition of the signage would bring the current sign into more compliance with the present regulations. Staff recommended approval of the request. The sign at the corner of Congress and Old Boynton Road is obstructed by the required landscaping buffer along Congress Avenue for south bound motorists. Retention of the vast majority of the plantings is important to the image of the City as established along the Congress Avenue corridor. The screening of the parking area, where trees would have to be removed, would be replaced with low, dense landscaping 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 to adequately screen the parking. The proposed sign would not increase the height of the sign and the use of the more northerly sign is at a curb cut off on Congress Avenue. Commissioners Weiland, Rodriguez and Ross disclosed they had met with the applicant. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Consider request by the Palm Beach County Criminal Justice Commission to provide a host location for a Justice Service Center at the Carolyn Sims Center. Mr. Majors introduced Brenda Oakes, the Youth Violence Prevention Coordinator for Palm Beach County's Criminal Justice Commission. She had requested use of the Carolyn Sims Center as a host site for a Justice Service Center. It is a facility that provides assistance with job development, training, substance abuse treatment, life skills and other help for those individuals with criminal backgrounds. Staff's review indicated the Sims Center was a recreation facility and the operation of the Justice Service Center would not mix with the youth programs being offered. The Youth Empowerment Center was operating from the Sims Center also. There are Justice Service Centers in Rivieria Beach and Lake Worth. Commissioner Weiland asked if extra security would be needed. Ms. Oakes advised the Justice Service Center would serve the entire south County area. She pointed out the Youth Empowerment Center focuses on prevention and the Justice Service Center go hand-in-hand when viewing crime as a bigger picture. The Carolyn Sims Center was the only viable space found. The computer labs could be co-used and a separate entrance could be accommodated to avoid the intermingling with children. There remained some barriers that could be mitigated with structured hours to address youth safety. Mayor Taylor would not support the use in a facility with children and after-school programs. Commissioner Weiland was in favor of helping locate a facility; however, the Sims Center was not appropriate. Ms. Brooks advised in 2008,81 offenders returned to the Boynton Beach area from State facilities and 2,600 from the county. The goal was to partner with Boynton Beach based on the current relationship and it is part of the overall County-wide strategy. The prevention component for youth offenders is in place and the adult component could be partnered. Commissioner Rodriguez wanted to avoid any risk to the youth. Vice Mayor Hay suggested Mr. Majors continue to work with Ms. Oakes to find other location that would meet the need, but not at Carolyn Sims. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Motion Vice Mayor Hay moved to support the staff recommendation not to locate JSC at Carolyn Sims Center, but have staff continue to provide assistance to find a venue for JSC in Boynton Beach. Commission Weiland seconded the motion. Commissioner Rodriguez suggested Ms. Oakes speak with the Executive Director of the Community Redevelopment Agency that owns property in the target area. Mr. Majors reported those efforts had been done. The motion passed unanimously. B. Review staff analysis of the compressed work week (4-10 hour days) at City Hall, Public Works and the Library and provide direction to staff regarding continuation of the compressed work week program. Mr. Livergood reviewed the basis for the concept of a compressed work week and the savings in energy costs and fuel for $140,000 of efficiencies in budget reduction. It was implemented June 8, 2009. Commissioner Rodriguez recalled the budget appropriation had been changed from $140,000 to $125,000. Mr. Livergood reviewed the various areas of energy savings and reduction of the carbon footprint for all the buildings. Vehicle fuel and maintenance at the Public Works facility were reduced based on the crews being more efficient and less trips throughout the City resulting in a sizeable reduction in fuel cost. The replacement cycles on vehicles would also be extended with the reduction in mileage. There was also the component of reduced staff hours derived from the alternative given to staff to work less hours and receive a pay cut. The impact on the public has been considered and over time the public has been more accepting of the change. The Building Department customers were utilizing the extra hour each morning and evening. Inspections requested on Friday can be prepaid. The Library customer base continued to increase and there was no consequence to the City Clerk's operations. The employee survey revealed most would prefer to continue the four-day work week. The primary concern was the savings and impact on the public because the employees were required to do what is best for the public. Mr. Livergood reviewed the options available and the impact on the budget. Commissioner Weiland noted their were issues for the City Clerk's office getting the City Commission agenda prepared in the four-day work schedule. Ms. Prainito remarked there had been challenges and complications with the new electronic agenda. She hoped it would improve. Commissioner Rodriguez commented the change was initiated due to budget challenges and creative budget strategies. He contended the program should continue until the budget discussions and re-evaluate the impact to the citizens and the budget. 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 2,2010 Mayor Taylor concurred with Commissioner Rodriguez to continue the program, but continue to explore additional opportunities. Mr. Livergood suggested the budget process include the current schedule and if, during budget discussions, there was a change, it could be calculated back into the budget. Vice Mayor Hay concurred the present schedule was a win-win and should be continued at this time. Commissioner Ross was impressed with the savings and the reduction in the carbon footprint. It should continue as a progressive change even though there may be some negative impacts. Mayor Taylor declared there was consensus to maintain the status quo and review the matter during the next budget presentation. C. Verbal report on purchase negotiations for Police Facility Office Space. Mr. Bressner reported staff had reviewed a punch list of ideas in preparation for a meeting with the developer. At the meeting with Mr. Comparato, a schedule timeline was established for conversion of the structure. Staff established a timeline for the design and construction of the improvements. The Finance Department developed a timeline for borrowing the funds and any significant benchmark dates with possible stimulus funding. Lastly a time schedule had to be established to move the Police Department within a reasonable period of time. The start date was when a purchase and sales contract would be signed between the City and the developer. On February 16 a proposed purchase and sales agreement would be brought before the Commission together with authorization for design services through an RFQ. It was contemplated a design/bid/build approach would be used on the finish-out work. Other options may be explored. It was important to note when the inspection period would end, the contract would go hard or be cancelled. The inspection period would end in 270 days. The contract could be cancelled after that time, but any deposit or financial considerations would have to be settled with the developer. Mr. Bressner speculated the responses to the design RFQ would be received by March 29. On April 20 the matter would return to the Commission for selection of a design firm with the contract awarded on or about June 1 st. The goal was to give the Commission as much information as possible on the cost of the improvements before going hard on the contract. June 1 would also be the date to bring financing options before the Commission and to authorize an RFP for a bond underwriter. The City's Financial Advisor believed the project would qualify under the stimulus funding for Build America Bonds. There is a closing constraint of December 31, 2010. The five-month design schedule would culminate on November 19, 2010. Mr. Bressner assured the Commission there would be multiple opportunities for the Commission to monitor the progress of the project during the 270 day period. Attorney 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 2,2010 Cherof added all the terms of the contract would have to be negotiated including the ramifications of the City opting out of the project. Mr. Bressner cautioned the developer had not agreed to 270 day inspection period. The financing options, the contract and the design would be driving the inspection period. The bids for the construction of the improvements would be sent out November 30th with the bid opening in January. On February 1st the bond issue for the project would need approval. The financing options may need to be finalized by December 31, 2010 for the Build America Bonds. The Bonds provide a 35% subsidy from the federal government. The final purchase would be signed on February 1, 2011 and award the construction contract. The build out would be six to nine months with occupancy by September 1, 2011. Vice Mayor Hay requested further explanation regarding the Build America Bonds. Mr. Bressner was confident the opportunity for the bonds would close on December 31, 2010. Commissioner Weiland suggested Attorney Cherof be present for all negotiations. Attorney Cherof agreed his presence would be customary. Jim Comparato, Compson Associates, had not reviewed the timeline. The actual contract had been reviewed and comments exchanged. He advised Compson Associates had hired a consultant to review the project and he had met with the Chief and staff. The consultant's thoughts were he was intrigued with the first floor sally port and the connectivity for the balance of the space. He thought the residential scale of the first floor elevation and private elevator would work well. Locating the police facility in a mixed-use facility was not controversial according to the expert, and was on the cutting edge to have police interacting with the public on a regular basis. The expert offered his opinion the site was very favorable. He had projected that no construction would commence until January or February of 2011 with a closing in May of 2011. He was confident the developer and City could work through the timelines. There were many opportunities and alternatives that could be implemented as the project progressed through completion. Commissioner Rodriguez mentioned there was an inherit conflict to have a consultant hired by the developer. He also raised the ethical issue of campaign contributions accepted during the contract negotiations. Attorney Cherof had no opinion and suggested each candidate should be advised by their respective counselor contact the Florida Commission on Ethics or the Florida Election Division. Commissioner Rodriguez verbally challenged Commissioner Weiland that during the contract negotiations both candidates deny contributions from Jim Comparato. Commissioner Weiland questioned why Commissioner Rodriguez accepted contributions from several tow companies. D. Review staff ideas for Municipal Election Public Service Announcement and other election information. 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Ms. LaVerreire reported a 30-second Public Service Announcement (PSA) could be developed using City employees. It could be viewed on the website and BBTV. The concept would be to exercise your right to vote and that your vote is important. Mayor Taylor encouraged the plan and with nine candidates he was confident the public would know there would be an election on March 9th. There was consensus to proceed with the PSA. A sample ballot would be included on the website along with a list of polling locations and instructions on registering to vote. 11. 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 April 2010) B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS A. Request code review and prohibition of adult uses in the City's Zoning Ordinance. Mayor Taylor outlined the history of the issue with previous adult entertainment establishments within the City. He cautioned the City could not ban adult entertainment establishments within the City. They could be limited to industrial zones. The number of clubs allowed is dictated by the population. Commissioner Rodriguez advised he had requested the item be placed on the agenda. His goal had always been to cleanup the City and not allow such uses. Mayor Taylor advised he had been working on the issue long before the current Commission. He hoped they could be limited to industrial areas; however, some language changes had to be made and quickly. There was already interest in re-opening the Club. He had discouraged the developer from the plan. Mr. Bressner advised a "zoning in progress" should be issued to create a moratorium to allow the City time to assess, analyze and adopt possible changes in the City zoning Ordinance to meet the policy targets of the Commission regarding adult uses. Mayor Taylor wanted to accept the Proposed Resolution and move the issue forward as soon as possible. Attorney Cherof advised the City had to allow the use in their zoning Code. There would be distance and use restrictions and other elements to be studied. Currently the law indicates every City needs to accommodate the use. Mayor Taylor offered the suggestions that if certain activities occur within the clubs, alcohol could not 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 be served. Vice Mayor Hay supported the suggestions. Attorney Cherof advised the moratorium would be for 180 days. Motion Commissioner Weiland moved to adopt Resolution No. R10-021. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Commissioner Rodriguez thanked his fellow Commissioners for supporting the proposed changed as it would have a huge impact on the Youth Violence Prevention Program. Attorney Cherof announced the matter would be returned to the agenda for the next meeting to afford the public the opportunity to comment after the notice of intent has been published. B. Discussion on Galaxy School improvements. (This item was added to the agenda) Mr. Bressner asserted the School Board would be addressing the issue at their next meeting on February 10, 2010 including downsizing the school to 500 students. The shell would be built for the initial number of students and the space for the remaining 250 students would be held in abeyance. The total project budget was $35 million. The 500 student configuration would reduce the cost by $2 million. During previous discussions, the City had offered to allow the School District to use Galaxy Park to be a construction area and relocate the park to another area. The building would front on Boynton Beach Boulevard rather than the 1-95 ramp providing a more pleasing campus. The agreement included a budget of $813,000 for park improvements to be funded by the School Board for relocating Galaxy Elementary north of the current building. The School Board may return with a request for cost sharing. There was consensus to allow Mr. Bressner to attend the School Board workshop and bring back the proposal. C. Discussion on Special Events at the Mall. (This item was added to the agenda) Commissioner Ross understood from the Manager of the Mall that there was still an issue regarding a carnival at the Mall. Mr. Bressner noted the proposed use was not a carnival, rather a circus. Michael Groesch, Manager of the Mall, reviewed the request for a circus that was ultimately denied. Mayor Taylor recalled the discussion related to the number of events and not the types. Mr. Bressner noted the underlying zoning allows a circus in M-1 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 zoning. He cautioned a special events permit would not trump the zoning ordinance. The location is zoned business/commercial and not manufacturing or industrial. Commissioner Ross and Mayor Taylor understood the Commission had granted an exception. Attorney Cherof thought the list was generic in nature and not intended to trump the review process. Commissioner Weiland cautioned the discussions had to be more clear to avoid confusion between staff and the Commission. Attorney Cherof noted the Commission could not sit on a case-by-case basis. Mayor Taylor contended the Commission did have the authority to grant the request. Commissioner Ross noted the Mall is an economic engine within the City and in light of the economy, the City had to be more creative in what the Mall could accomplish. Vice Mayor Hay recalled the car shows were discussed and it was agreed they would not be allowed. Mr. Rumpf added the Code does not differentiate between a carnival and a circus. Commissioner Rodriguez opined the State also had to approve those types of activities and conduct inspections. Mr. Groesch advised it would be an eleven-day event with an amusement type arrangement. Motion Commissioner Ross moved to approve amusement type activities or circuses. Carisse LeJeune, Assistant to the City Manager, stressed that the agreement signed by the Mall indicated all events had to comply with applicable zoning regulations. The new agreement allowed them to hold 12 events. Mayor Taylor recalled the Commission agreed to allow the events with the exception of the auto sales. Commissioner Ross agreed with Mayor Taylor's recollection. Commissioner Weiland emphasized the City should work with the Mall to allow something positive for the City and the citizens. Commissioner Rodriguez did caution there should be some limitation rather than a continuous issue. The agreement expired in 2011. Motion Commissioner Ross move to reaffirm the Commission's intent for staff to work with the Mall to expedite the identified events including carnivals and a circus and for staff to expedite the carnival as soon as possible. Commissioner Weiland seconded the motion. Ms. LeJeune indicated there are additional concerns with larger crowds and fire and police concerns. Life safety issues do need to be addressed. Commissioner Ross amended her motion that the event planned for March or April be expedited, but after that, the Mall adhere to the three to six months period. The motion passed unanimously. 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 2,2010 13. LEGAL A. PROPOSED ORDINANCE NO. 10-003 -- SECOND READING - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Amend the Future Land Use Map classification for the 1.249 acre property from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). Attorney Cherof read Proposed Ordinance NO.1 0-003 by title only on second reading. Mayor Taylor opened the issue for public hearing. Paul Slatter, Slatter and Associates, architects for the project, was present to answer any questions. He agreed with all conditions of approval. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 10-004 -- SECOND READING - Hemingway Square Medical Office land use amendment/rezoning (LUAR 09-004). Approve rezoning the property from Infill Planned Unit Development (IPUD) to C-3, Community Commercial. Attorney Cherof read Proposed Ordinance NO.1 0-004 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 10-005 -- SECOND READING -- Amending and restating Article III, Chapter 18 of Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund. Attorney Cherof read Proposed Ordinance No. 10-005 by title only on second reading. 19 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Weiland moved to approve. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 10-006 -- FIRST READING -- Amend and restate Article II, Chapter 18 of Boynton Beach Code of Ordinances entitled "Employees' Pension Plan". Attorney Cherof read Proposed Ordinance No. 10-006 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. PROPOSED RESOLUTION NO. R10-020 -- Authorize issuance of "Notice of Intent" (NOI) to commence temporary moratorium to allow for study of regulations related to pain management clinics and other uses which dispense prescription pain medications. Attorney Cherof read Proposed Resolution No. R10-020 by title only. Mayor Taylor opened the issue for public hearing. Neal Hoffman, 1225 45th Street, West Palm Beach, owned a pain clinic. He noted the State of Florida is a Right-to-Work State and the proposed resolution would be in direction violation of the Florida Constitution. He asked for clarification, if the moratorium were granted, would any applications in process be halted. Mr. Rumpf reported any permits accepted at the time the moratorium is granted would not be affected. Attorney Cherof confirmed. 20 Meeting Minutes Regular City Commission Boynton Beach, FL February 2, 2010 Dr. Piotr Blass, Tara Lakes, supported the action based on his experience with children, teens and adults addicted to pain killers. He thanked the City for protecting the citizens. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 14. UNFINISHED BUSINESS None 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:33 p.m. ATTEST: -' / __ Jose Rodrig,uez, fCommissioner, ~~(;. ~/?' / . ,/ of / ,,' , , 'd" I A (", ~;;;./ ~/' Marlene Ross, Commissioner 21 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dick's Sporting Goods APPLICANT'S AGENT: David J. Preuter - Agree Limited Partnership APPLICANT'S ADDRESS: 31850 Northwestern Highway, Farmington, Michigan 48334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 2,2010 TYPE OF RELIEF SOUGHT: Request relief from Chapter 21, Signs, Article IV, Section 3. B. limiting maximum sign area to 160 square feet, to allow an additional 40 square feet of signage, resulting in a variance of 40 square feet in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 501 N. Congress Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .L. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicapt's application for relief is hereby ~GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~ b-IO S:\Planning\SHARED\WP\PROJECTS\Dick's Sporting Go Project name: Dick's Sporting Goods File number: ZNCV 10-004 Reference: EXHIBIT "D" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: ~n./ S:\Plannmg\SHARED\WP\PROJECTS\Dlck's Sporting Goods\Slgn Variance\COA.doc EXHIBIT "A" - SITE LOCATION MAP DICK'S SPORTING GOODS (MSPM 10-001) SMU 260 130 0 260 520 780 1,040 5 'Feet ~-- ~;;:)!:,:, .',:.:::.::./...,.....:;.. ~,:jJ~*;,: ...,,,...-,:-;:, ., _t.:'" EXHIBIT B AGREE LIMITED PARTNERSHIP 1;, !,~.V;;(; .\.ji).rt'hf':?::,'~'.".,f,"-'~'Y'~ ~"~~~:":;/l ~..;"tfn1lnt~'i~. l! ~::~! .,. /'i.~ ~"": . .;,~,{ ...,: ~" io"i-:{:; .' '-.' ' .,:'j. \ e ?"'; ", ;.~ January 5, 2010 Mr. Ed Breese Principal Planner City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 lm~@!gOW~[Q) JAN 6 - 2010 PLANNING AND :ZONING DEPT. Re: Pennit #2009-3591 Denial. Dear Mr. Breese: A pennit application was submitted and denied to place a third sign panel on what is the current Longhorn restaurant and Kimura restaurant pylon sign (LK pylon sign) located on Parcel #08-43-45-19-18-002-0000 at 501 N. Congress Avenue. The pylon sign location is shown as #1 blue dot on the attached site plan. We believe a variance should be granted to allow an additional square footage of200 sf., to be utilized for a Dicks Sporting Goods sign panel, to the existing LK pylon sign. A pylon sign elevation is attached Enclosed are 3 pictures which depict the lack of visibility to the existing Circuit City and Off Broadway Shoes ( CC pylon sign) located at the NWC of Congress Avenue and Old Boynton Beach Road. It is referenced as #2 blue dot on the attached site plan. Visibility as you drive south on Congress Ave. is completely obstructed. The trees planted on the Longhorn and Kimura restaurant parcels have rendered the CC pylon sign useless as you drive south on Congress Ave. This has created a hardship and has impacted our ability to release the vacant Circuit City store. Visibility to the Shopping Center is also obstructed. In addition the LK pylon is located at the entrance drive between the Chase Bank and the Kimura restaurant. The LK pylon is located at the only direct entrance to the Shopping Center from Congress Ave., which will house the expanded Dicks Sporting Goods and Off Broadway Shoes store. The approval of the 3rd panel on the LK pylon, as shown on the attached elevation, will allow southbound travelers to see the Dicks Sporting Goods sign panel and enter the Shopping Center from Congress Ave. The-expansion..oftheexistingbuildingwillallow'us,.to'provide..astate of the .art-DicksSporting'Goods building to the community of Boynton Beach. It will provide for the expansion of the vacant Circuit City building to over 43,000 sf. in total. Dicks Sporting Goods is not represented anywhere in the area and their addition to the Shopping Center will be a great benefit to the area. Their competition (Sports Authority) has 3 pylons and great visibility. Accordingly, we respectfully request approval from the City on behalf of Dicks Sporting Goods. A check in the amount of$750.00 is enclosed. Please advise if you have any questions. :i~IIY - D~J?~ Agree Realty Corporation cc: Rob Cohon ADe m~ o I- - CO - :c >< UJ EX15T6iNG DfF PYLON PROPOSED OfF FYLON Wi (2) FLOJRO CH.A,N~lEL SIGN BOXES. Client DICK'S SPORTING GOODS Ro..isions: REv DAl'E 1 1,.11/101 2 1211101 "SClUI'nOlI ..... -.....-- ~GED CJ&IMt!T SIZ! r---.---- I r-- rf J~ 1~'.'O- .----1 I b"~llT DICK~iS SPORTING GOODS FLOURO CHANNEL BOX SIGN SCALE: NTS ' GlTY: (2) /',LL DIMENSIONS & MATERIAL NEED TO BE FIELD VERIFIED PRDr'QSED SlOE ViEW SHOV.J!NG CLAJDi~~G BEll-IE EN: (2} FLOURO CIV.,NNEL BOXES ~ Sa$ketball. PMe:; 1S-fC. (VInyl '" 'T3ogerlne: ~l).84i _ Socee. ball. (W,y1 = Bla<k il7725-22) _ _. PMS l7S7e. (V..yt. Ro<l Tonge,"", #3030-33; :<1t.-q;:;1 GoU bal. PMS 43OC, \'IinyI '" SlIver Gre)! #~630-51) _ &d<ground, iPaii'lt:; Metthews Mi;qd. MAP [)icl(s GrOft(!, ifS0A8J55SP) -:;:i:"l>~<(;H:x:~i'g;,,;,~~1$;~M!'.~'>'?;""'''P<'!J:1i&ib-'Y4~~!;~;;,;r._. :: dTmageo'r'-e"-~j ~,_~,.....-.,. :d;;:....:ni~:~,.~i_;., :>C~;, ,-.,1:11:"'-' Location: DraWn 8y: MjD Dote: 11;2.4109 ScalB: AS NOTED O~\I.!\!Ul.Q ctlj~('l1.~ :"'!..>~"U!'!i.If>b /liS ~::;E=~E' \'~~1:J klJ ~ otw tI..-, U. ~ pr.JjHl 1".8llW iwain :r. $l.ri..:ti) "'~8d ~t tt,. ~ ~...., >;;U(1'&Iir4i)f~el'In6"~ Boynton Beach. FL Job No: DeSQ'iption~ DIFMONUMENT OO-oOOR2 DcaW"'Q No.. 00-000 125 PhyWa Drtve ere don At. 19021 (215} 82&-4880 Pnona 21 826-0514 Fox