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Minutes 10-19-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, OCTOBER 19, 2010 Present: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Rabbi Michael Simon of Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Commissioner Orlove Mayor Rodriguez called the meeting to order at 6:29 p.m. The invocation was given by Rabbi Simon followed by Commissioner Orlove leading the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross pulled Items 6.B and 6.0 for discussion. Commissioner Orlove pulled Items 6.A and 6.C. Commissioner Holzman pulled Item 6.0 and requested the addition of the Interlocal Agreement between the City and Community Redevelopment Agency regarding the 4th Street improvements. Mayor Rodriguez added the item under Unfinished Business. 2. Adoption Motion Commissioner Orlove moved to approve the agenda as amended. Commissioner Hay 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 October 19, 2010 Vice Mayor Ross had spoke at the Global Work Party gathering and thanked those who had attended. She had also spoken at the Imagine Charter School ribbon-cutting ceremony, as did Mayor Rodriguez. She had participated in the Dick's Sporting Goods Store ribbon-cutting ceremony. Vice Mayor Ross had held her second "Coffee with a Commissioner" with over 20 people in attendance and she thanked those who had assisted. She also commended staff for their presentations at the Special City Commission meeting relating to adoption of the Climate Action Plan. Commissioner Orlove had joined in the Read for the Record Program at Forest Park Elementary in Ms. Cutting and Ms. Hills' kindergarten classes. He thanked the Sustainability Team and especially Carisse Lejeune and Nancy Byrne for the presentations and workshop on the Climate Action Plan. Commissioner Hay applauded staff for the good workshop. He also requested to add an item to the agenda regarding a comment about procurement. Motion Commissioner Hay moved to amend the agenda to include Item 11.A and Item 11.B, Procurement comment. Vice Mayor Ross seconded the motion. The motion passed unanimously. Commissioner Holzman announced he had also read at the Lighthouse Academy with the City Manager and Wayne Segal, Public Affairs Director, for the Read for the Record Program. Mayor Rodriguez thanked all those who took the Mayor's challenge for the Read for the Record Program. He had read for two classes at St. Mark and then at the Library. He commended staff and the City Manager for the well-organized and efficient Climate Action Team meeting. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim October 21, 2010 as Lights on After School Day, for national awareness of after school programs by Prime Time Palm Beach County. Mary Swinford, Prime Time Community Resource Director, will receive the Proclamation. Mayor Rodriguez proclaimed October 21, 2010 as Lights On After School Day promoting awareness of quality after-school programs. Ms. Swinford of Prime Time Palm Beach County Inc. was present to accept the proclamation. She thanked the City for its support and commented the program assures the after school programs are of high quality and offer services and resources to achieve the best results. 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 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) Ericka Poag, 1759 NE 6th Street, at the Preserve, understood a meeting had been held to change her community to rental properties and she complained the homeowners had not been notified. The current owners were not satisfied with the decision and if not overturned she hoped the developer would purchase their homes since she contended it would be impossible to sell their homes in a rental community. Teasha Thomas, 1763 NE 6th Street, at the Preserve, had not been informed of the meeting to change the community to rental properties. Many of the first-time homeowners had bought into the community with grant monies received from the City that now traps the owners because they cannot rent or sell the homes based on the terms of the grant. The community is only half built out and Ms. Thomas hoped the project would continue to be a mortgage-owned type development. Kristin Gallagher, 1843 NE 5th Street, at the Preserve, had received a CRA grant to buy a home and felt the decision to make it a rental community would deteriorate the value of all the homes. She suggested the current owners be bought-out of their mortgages and grants so they could move to a community that does not have a transient-type residential setting. Jennifer Lopez, 1851 NE 5th Street, at the Preserve, disagreed with the decision to change the development to a rental community. Most of the current owners were first time home buyers that were paying their mortgages and homeowner fees for the continued growth of the community to remain the same. Dawn Osowsky, 1751 NE 6th Street, at the Preserve, was not interested in living in a rental community unless given the option to buy-out. She had previously thanked the City for giving her grants to buy her first home and now feels it was mistake with the issues of Chinese drywall and changing to a rental community. She requested the Commission carefully consider the proposed change since the homeowners were not at least advised of the proposed change before the decision was made. Nyasha and Steven Wright, 1726 NE 6th Street, at the Preserve, reiterated no notice of the proposed changed had been received. She remarked the City had been made attractive through the CRA and the Chinese drywall and unfinished land issues were unacceptable. She asked the Commission to reconsider the previous decision to become rental or offer a buyout for the current owners. 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Chad Rosemyer, 203 Villa Circle, advised he had a mental illness and was afraid. He was assisted by the Police Department. Mark Karageorge, 240A Main Boulevard, thanked Scott Blasie and Mike Simon for their diligence on getting the property at 500 Ocean Avenue cleaned up. He also commended the Financial Advisory Committee for their commitment to a goal of making recommendations to the Commission in March. Mr. Karageorge announced the Chamber of Commerce luncheon at the Library Program Room at 11 :30 a.m. on October 20,2010. No one else coming forward, Mayor Rodriguez closed the public audience. Mayor Rodriguez commented the Preserve project change had not been approved. The decision involved allowing rental as part of a subsidizing Tax Incremental Financing (TIF) option and sharing tax revenue. The project had not come before the City Commission for approval yet. The Board agreed to support subsidized financing for the building of the additional buildings for rental. He suggested comments and concerns should be addressed to the developer. As the project moved through the system, the residents would have more opportunities to be heard. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Rodriguez declared there were no applicants for any of the vacancies. 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 Re cord and subject to staff comments. A. Approve the proposed Veterans' monuments, at Veterans Bicentennial Park, commemorating "Lady Veterans", "Black Veterans", and the "442nd Regimental Team", as funding permits. Also, approve the proposed Expansion of the Memorial Brick Area at Veterans Bicentennial Park Commissioner Orlove wanted clarification on the placement of the new monuments. Thomas Kaiser, Chair of the Veterans Commission, distributed drawings showing the addition of the new bricks around the flagpole. The monuments were donated to the City Park and, when completed, would be the finest in the State of Florida. All 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 monuments are the same size and the display was balanced. Mr. Kaiser further explained one monument would be for the Lady Veterans, another for the Black Veterans and a third, for the 442nd Regimental Team. He gave examples of each of their bravery and persistence during World War II. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R10-151 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) in the amount of $67,395. Vice Mayor Ross had pulled the item to highlight the fact the grant would allow for extra police presence during the holiday shopping season along the Congress Avenue Corridor including the Mall. Motion Vice Mayor Ross moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R10-152 - Approve amendment to the Youth Violence Prevention Program (YVPP) agreements to provide additional dollars to the Service Providers who will continue to offer programs at the Boynton Beach Youth Empowerment Center (YEC) through December 31,2010. Commissioner Orlove had pulled the item to get a brief synopsis of some of the programs. Mayor Rodriguez commented the Youth Violence Prevention Team would be giving their annual presentation to the City Commission soon. Wally Majors, Director of Recreation and Parks, explained the four programs to be extended were R.M. Lee, Hooked on Fishing Not Drugs, Art in Motion and Success Teen Program. They are all mentoring life-skill programs. The Art in Motion guides students to art to learn to fully express their selves mentally and visually. Hooked on Fishing provides mentoring and life skills through fishing and basic skills. The R.M. Lee program is a male mentoring program that focuses on life and employment skills for teens to be successful members of the community. The Success Teen purpose is to encourage and learn leadership, social, recreational and educational skills by providing strong support structures to motivate teens with positive alternatives. The programs had all been well received. Mayor Rodriguez added there are measurable outcomes established and a teen council evaluates the programs and makes recommendations to the Board. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Commissioner Holzman asked for a time frame for using the increased funding. Mr. Majors responded the additional monies would sustain the programs through the end of December, 2010. Commissioner Holzman questioned the basis for the distribution of the monies. Mr. Majors replied the amounts were based on the monthly payments and then averaged it out through the end of the year. Another grant had been received for next year that focused more on gang prevention and intervention. There has to be some coordination of the end of the current program into the proposed new programs. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the program. The motion passed unanimously. D. PROPOSED RESOLUTION NO. R10-153 - Approve a restated Three-Year Lease Agreement for City Library Cafe. Vice Mayor Ross had pulled the item to highlight and thank the caterer for providing food services for the cafe, but cautioned it was impacting the budget by a decrease of $24,600. Craig Clark, Library Director, explained the initial loan was made from the Sanitation Fund and the change would involve an additional 17 months to repay the full amount borrowed. Jeff Livergood, Director of Public Works and Engineering, further explained the cafe had been built without a tenant. A Request for Qualifications (RFQ) had been issued to find vendors interested in providing the services within the building. There was only one respondent and lease terms were negotiated. Funds in a reserve account set up for maintenance at the landfill were used to finish the cafe. The request was to amend the terms of the lease agreement or seek a new vendor and have a number of months with no cafe in operation and then negotiate again. Commissioner Holzman wanted some assurance that all lease monies owed would be collected. Mr. Clark noted the revenues had been over estimated Jim Guilbeault, 7849 Manor Forest Lane, advised the revenues were between $200 and $250 a week. The projection was for $400 to $500 a week. The customers did not have the monies to spend. The economics are the issue and he assured the Commission all monies owed would be paid. The tourist season should assist the profit margins. The financials were completely reviewed by the Assistant City Manager. There was discussion on the length of the contract and it was agreed a one year contract with an option for renewal would be appropriate. Attorney Cherof advised the agreement did have a termination clause that the City could exercise at any time. There was also a termination for breach clause. The cost to the City for the cafe included the electric and water since no separate meters were instaledl for utilities for the area. Mr. Guilbeault noted the customer base is approximately 1,100 a day, but the disposable income of those individuals was minimal to spend at the cafe. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Motion Vice Mayor Ross moved to approve amending the lease to a one-year period for the new monthly payments. Commissioner Hay seconded the motion. The motion passed unanimously. E. PROPOSED RESOLUTION NO. R10-154 - Authorizing the City's application and participation in the Employed Worker's Training (EWT) program, a Subsidized Training Program funded by the American Recovery and Reinvestment Act of 2009 (ARRA), through an agreement with Workforce Alliance, Inc. Commissioner Holzman inquired why previously only one person was licensed and this agreement would have them all licensed. Mr. Majors responded due to budgetary changes he was concerned the licensing requirements could not be met during the next fiscal year. He wanted to be better prepared to accommodate any changes. Motion Commissioner Holzman moved to approve. Vice Mayor Ross seconded the motion. The motion passed unanimously. F. PROPOSED RESOLUTION NO. R10-155 - Approve an amendment to the contract due to two change orders requested by Burke Construction Group, Inc. in the amount of $9,499.55 for installation of additional sidewalk and landscaping as part of the Boat Club Park renovation. The revised contract amount will be $285,807.34. Bid# 065-2730-09/CJD. G. Approve the Minutes from the City Commission meeting held on October 5, 2010. 7. BIDS AND PURCHASES OVER $100,000 A. Motion to approve the piggyback off of State Contract # 863-000-10-1 for the purchase of new tires from Easy Pay Tires for the City's fleet for an approximate total cost of $150,000 for fiscal year 2010/11 Commissioner Hay disclosed he used Easy Pay Tires to service his personal vehicle and inquired if he should not vote on the issue. Attorney Cherof established he was onlt a retail customer of the business, so it would not a conflict of interest. 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Motion Commissioner Orlove moved to approve. Commissioner 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. All those intending to testify for Items A and B were administered an oath by Attorney Cherof who gave a brief overview of the procedure to be followed. A. Approve The Slomin Family Center (NWSP 10-005) new site plan to construct a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. Applicant: Sannlor Properties, LLC Kathleen Zeitler, Planner, reviewed the request and located the property at 3005 South Congress Avenue. The site is zoned commercial and a former nursing home onsite had been demolished. A full array of medical, therapeutic, personal services and social program for the students would be offered. It would include a daycare facility, a clinic and private school for K-12 serving 500 students, to be constructed in two phases. Staff had reviewed the plans and determined the proposed project, with the recommended conditions of approval, would comply with all Code requirements. The conditions of approval would monitor traffic flow and require additional traffic analysis and road improvements if warranted. The plans include a one-story building devoted to classrooms and offices with covered pedestrian corridors, courtyards, open space and recreational areas. There would be a modern exterior design element with the main base color being soft white and trim in soft blue and green colors. Art screens and green screens would give the exterior texture and visual interest. Public Art would be integrated into the east entrance. Staff recommended approval subject to the 24 comments. The Planning and Development Board also recommended approval with the conditions. 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Chris Cooper, 500 Park Avenue, New York, advised the applicant agreed with all conditions of approval. Mr. Cooper explained the concept of the venture, envisioned as a unique facility in the country aggregating several services under one roof. It brings together clinical, community and school functions and provides assessment, therapy and education. Children with autism would comprise 50% of the students and typical developing children would comprise the other 50% to provide behavior models and coping and patience mechanisms for both sides of the spectrum. The site plan is designed to disperse the various age groups across the site with more intimate spaces. Parking would be towards Congress Avenue. The architectural plan was to harvest the natural conditions of the site such as daylight and cross ventilation. The classrooms are very open with a playful and structural one-story form throughout. There is a family room that would be open on the weekends. The public art would be visible from the street. It would be a LEED certified building. There would be 118 parking spaces provided with an additional overflow parking of 28 spaces. Fifty cars could be in queue so as not to have vehicle overflow into the street. There would be an independent bus entrance and the start and stop times were staggered to avoid congestion. The project would be built in two stages with the second phase being middle school and high school, and elementary school and community functions in the first phase. It complies with all local Codes. Mayor Rodriguez expressed the major concern would be the flow of traffic created for 500 students. Mr. Cooper replied there would be the ability to keep the buses separate if buses would be utilized at all. Ms. Zeitler noted the buses would be arriving at different times than the cars. The project did meet County concurrency and the Engineering Department included conditions two through four addressing the traffic issue with additional analysis and road improvements, if necessary. Commissioner Holzman inquired what taxes were currently paid. He estimated the taxes at $50,000 last year and questioned the taxes to be collected after the project would be completed. Quintus Greene, Director of Development, could not answer the question. Mr. Cooper offered that the school was a not-for-profit organization. Commissioner Holzman asked how the use conformed with the development of Congress Avenue now and in the future. Mr. Greene responded the use would be consistent with the planning of the Congress Avenue corridor. Mayor Rodriguez raised the issue of the anticipated traffic from the boundless park directly across the street from the proposed project. Mr. Bressner commented the boundless park would serve as a beneficial adjunct to the school and work in conjunction to enhance the learning environment at the school. Mayor Rodriguez remained concerned about the traffic congestion in the area for the school, playground and residents. 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Commissioner Hay sought an estimate of the number of students that would be bused to the school. Mr. Cooper had no basis to make an estimate. Commissioner Orlove inquired about the hours of operation. Mr. Cooper advised the school would be open on the weekends as well as a community center for smaller groups of people. There would be no set times for opening and closing as of now. Mayor Rodriguez inquired if other alternate traffic flow plans had been considered. Kyle Duncan, Simons and White, 5601 Corporate Way, West Palm, traffic engineer, advised an alternative route would have been using the cross access with the nursing home to the north and it was not acceptable to staff or the applicant. The County required an in depth analysis of Charter Drive and Congress Avenue and it appeared to be able to take the addition of traffic for 500 students. He reiterated that all students would not be arriving at the same time. If a recognized problem arose on Charter Drive, the applicant would be required to modify the signal to allocate more green time to Charter Drive or adding a second left-turn lane. The site did not allow for two access points. Mr. Cooper pointed out either access point would bring traffic onto Charter Drive. Discussions with the County and City determined the proposed site plan access was the most straight forward route and would be reviewed as the project continued. Commissioner Orlove outlined the traffic flow around the existing median. Mr. Duncan indicated it was agreed the median would have to be modified to allow for more of a radius for cars and buses exiting the site. Commissioner Orlove saw the traffic pattern as hazardous and clogged during peak hours. He suggested if the cars exited at the northern access point onto Congress Avenue would be a better proposal. Mr. Duncan advised the County's concern would be if the northern access would become an exit only driveway, traffic could only turn south on Congress. They strongly preferred the other access be used. Commissioner Holzman inquired if the added congestion of CrossPointe School was considered. Mr. Duncan advised the County study required the traffic be analyzed during the a.m. and p.m. peak hours. Discussion on the traffic flow continued. Mayor Rodriguez felt an alternative to relieve traffic off of north Charter Drive should be revisited. The impact could be overwhelming. Mr. Cooper responded numerically the strategy proposed would accommodate the traffic. He stressed there is a condition of approval requiring the traffic flow be analyzed after the project is built and the applicant be obligated to correct the problem. Commissioner Orlove concluded there was no other access other than the shared access between the new school, Manor Care and the Charter Drive access. He also inquired why Ms. Slomin had chosen Boynton Beach. Mr. Cooper advised Ms. Slomin was in the area and knew the need in the County. Commissioner Orlove saw the project as a positive magnet for the City to bring people to the area for the proposed 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 park and the school generating some pride for the City of Boynton Beach. The traffic issue did need to be addressed before the construction phase commenced. Commissioner Holzman delved into the reasoning for choosing the particular site. Mr. Cooper noted Boynton Beach may not be the perfect location, but there is a huge demand in the County and several parameters for the site were sought. The proposed project met the criteria she had established. Commissioner Holzman attempted to further understand the attraction to the site. Mayor Rodriguez acknowledged it was a business decision that had been made based on many factors. Vice Mayor Ross pointed out parents and children would diverge on the site from all directions and roadways. She hoped the traffic concerns could be resolved. Mr. Cooper indicated the latest opening for the facility was the fall semester of 2013. He noted the proposed configuration was a process with the City and the County and was not sure new avenues would be available that have not already been discussed. Mr. Duncan pointed out issues can arise that may change the configuration and those problems would be addressed in a timely fashion. Most issues would become apparent during the first phase of construction. Mr. Greene stressed the Engineering Division specifically indicated the developer would have to provide a surety to cover the cost of a traffic study after the first phase is completed. Mayor Rodriguez wanted to take a proactive approach with tighter projections and data. The matter was open for public comment. David Gold, 6 Sutton Drive, in Hunter's Run and a member of the Board of Directors of the Hunters Run Property Owners Association spoke on their behalf. He was joined by Alvin Newman, President of the Council of Presidents and William Poznak, a registered engineer, member of the Board of Directors and a former Planning and Development Board member. It was an admirable project; however, he had reservations about the traffic increase of 352 a.m. trips on Charter Drive that serves three communities. He commended the Commission for their approach to address the issue at this stage. Warren Timm, 130 NE 26th Avenue, opined it would be a notable project within the City of Boynton Beach and be a worthwhile addition. The site is 4.5 acres of commercially zoned land and only 3.8% of the vacant lands within the City are zoned commercial. Commercial lands pay the bills and he urged the Commission to be sure the project would be a tax-paying entity rather than tax exempt. Mark Karageorge, 240A Main Boulevard, asserted it would be a tax exempt property generating zero tax revenue. He wanted to know the economic impact of the project and a more specific time table. It would be beneficial to the City of Boynton Beach and help put the City on the map, if the traffic issues could be corrected. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Joyce Mura, 1555 Palmland Drive and a member of the Community Relations Board and a CERT member, corrected that there were four communities in the area with one way in and out, except for Hunters Run. She was concerned about the tax loss. Currently the buses use the area for a turn around and they have problems making a single turn. The street is not wide enough. Lola Carielo, 1748 Palmland Drive, a Board member of Villlas One, stated the traffic was her main concern with the elderly citizens living in the area driving by the school. She questioned if the proper security measures had been taken to contain the children for safety purposes. Marie Sehulich, 1534 Palmland Drive, wanted to know if the school would have a fence enclosure around the entire area and preferred a higher fence along the back of the project. She felt 500 students for 5 acres was problematic, especially with two other schools in the immediate area and the traffic involved. William Poznak, 1 Woods Lane in Hunters Run and a consulting engineer, surmised many of the Hunters Run residents use Charter Drive and a finite traffic study should be completed before any permits were issued. The final project should allow the residents a safe ingress and egress. Fire engines and ambulances must also be able to use the street. Brian Edwards, 629 NE 9th Avenue, noted many schools are built along main arteries. Due diligence to address the issue has been done and there can only be positive results from the unique school and boundless park proposed. He emphasized many of the families would bring other business to the City of Boynton Beach. Mr. Edwards questioned what type of project could be built at the location that would make the residents happy because any project would have traffic issues. He stressed the project would be unique and could create jobs and a positive influence. Sabatino DeRobbio, 1710 Palmland Drive, advised only five cars can utilize the exit lane and he presented a list of signatures of those that live within his complex who are against the project and traffic flow. Mr. Cooper reported another traffic analysis would not allow the addition of an outlet on to Congress. The available traffic variations were minimal without using Charter Drive. In essence, the vote should be against a school at the location. Commissioner Orlove wanted the facility to come to the City along with the economic development that would flow from the jobs created and family participation at the center and the playground. The concerns of the communities and residents are valid. Tabling the matter may be appropriate and the additional lane put in sooner rather than later. 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Commissioner Hay inquired if a County traffic study had been completed. Jeff Livergood, Director of Public Works and Engineering, related based on the site plan presented adding traffic to the intersection adds volume and reduces the level of service for the residents having to wait at the traffic signal to navigate onto Congress Avenue. It is a condition of approval to review the signal timing or intersection improvements if necessary. He reviewed the traffic flow and cautioned if traffic stacks up safety concerns come into play. Staff had many concerns and a clear zone on landscaping was integrated into the plan to solve visibility issues. Another solution would be a west bound right turn lane to avoid rear end collisions. All issues have been discussed and reviewed. Commissioner Orlove inquired if there would be additional parking south of the proposed park. Mr. Livergood concurred and expressed more concern with pedestrian safety and complementary uses in and around the traffic pattern. Mayor Rodriguez suggested the matter be tabled. Vice Mayor Ross compared the new Imagine Charter School on High Ridge Road with 900 students and their solution to the traffic flow. Motion Commissioner Orlove moved to approve the development contingent upon a traffic study brought back to the Commission for final approval. Attorney Cherof requested elaboration on the traffic study required to satisfy the condition of approval. It should be a motion to table with direction to staff and the applicant to do some additional work. Commissioner Orlove withdrew the motion and moved to table the project and ask staff and applicant to work together to bring a new traffic plan to the Commission. Commissioner Hay seconded the motion. Commissioner Holzman commented not only the traffic was an issue, but also the tax consequences had to be considered. He contended there were too many charter schools already in existence and the Commission continues to approve a non-profit use of commercial, viable property off the tax rolls. The residents were having to supplement the tax revenue for the loss of the tax base. The City's economic condition has to be considered and the impact of losing $50,000 tax revenue from a commercial property. The parents would come to the school and go home and not frequent the retail areas of the City of Boynton Beach. It is a wonderful project. but the economic best interest of the City has to be considered. Mayor Rodriguez agreed with Commissioner Holzman's remarks and recognized a balance had to be obtained. 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 The motion passed. B. Approve Clear Wireless at Monteverde Condominiums (COUS 10-004) conditional use request for stealth rooftop antennas and related telecommunications equipment on top of an existing multi-family residential building (Monteverde Condominiums) in Renaissance Commons. Applicant: Brian Plewinski, Civil Solutions, Inc. Ms. Zeitler reviewed the request to install stealth rooftop antennas at the Monteverde Condominiums located at 1605 Renaissance Commons Boulevard South and zoned Suburban Mixed Use (SMU). The antennas would be a conditional use in SMU zoning and must be a stealth or camouflage design. The applicant is a broadband internet service provider of high speed 4G Y -MAX. The request is for four antennas and when installed should have minimum impacts. The four locations were identified. Staff reviewed the application and recommended approval of the request subject to the conditions of approval and compliance with the SMU district standards with respect to maximum building height. The Planning and Development Board had also recommended approval with staff's conditions. Brian Plewinski, 4101 Ravenswood Road, Dania Beach, FL, representing the applicant, stated agreement with all the conditions of approval. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing and no one came forward. The public hearing was closed. Ms. Zeitler confirmed the motion included the conditions of approval. The motion passed unanimously. C. Approve LOR Re-write (CDRV 07-004) draft changes to previously presented Chapters 1, 3, and 4 of the Land Development Regulations Rewrite project regarding in part, definitions, general provisions and zoning districts, and various development standards. The Planning and Development Board reviewed the request for the Land Development Regulations (CDRV 07-004) on September 28, 2010 and forwards it with a recommendation for approval. Applicant: City initiated (Commissioner Holzman left the dais at 8:44 p.m.) 14 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Eric Johnson, Planner, introduced the last installment of the draft LOR Re-write project. It had been ongoing for the last few years and multiple phases had been brought before the Commission for review. The intent was to bring the entire complete LOR Re-write project next month in an ordinance form. The current request was for approval of the draft changes prior to approving the entire Code. It had been approved in draft format by the Planning and Development Board. Minor updates were still being made. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. There was no public comment. The motion passed 4-0 with Commissioner Holzman absent. (Commissioner Holzman returned to the dais at BAB p.m.) D. PROPOSED ORDINANCE NO. 10-026 - FIRST READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include restrictions on the direct dispensing of certain pain medications and references to new state laws applicable to the approval and operation of pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. Mike Rumpf, Planning and Zoning Director, recalled the Commission had enacted a moratorium applicable to new pain management clinics that dispense prescription pain medications. The study targeted the performance and operation of such uses and impacts on adjacent businesses and land uses. The magnitude of the problem was described as South Florida being the mecca for pain clinics or pill mills. Florida is one of the few states that does not have regulations relating to the pain clinics and pill mills. Palm Beach County had 372 overdose deaths in 2009. Prescription drug overdoses are now the fourth leading cause of death in the United States. The new State laws recently enacted were disappointing, but they did require the registration of all new pain clinics and a higher standard for practitioners who run the clinics. The clinic has to be owned by a licensed medical professional and ultimately, higher educational limits are required. There are a large number of out-of- state customers who are not seeking regular medical care. Pain clinics adapt quickly to local regulations and changes in the regulations are required frequently. There are exceptions to the regulations that were clearly outlined for sound medical practices who provide general medical services whether surgical or ongoing medical care of a regular patient. A limitation on pharmacies and drug stores was also included with a 15% cap on target prescriptions that would be allowed out of 15 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 their total medications dispensed. Between 2% and 8% of sales of drugs are for Schedule" drugs. A lower percentage may be needed. A specific definition of a pharmacy was also included. The regulations are one in several lines of defense against undesirable practices. The local regulations may need to be amended to respond to changes in the industry, State law and successes and failures. Attorney Cherof advised staff recommendations would be codified in two ordinances. He read Proposed Ordinance No. 10-026 by title only on first reading. Motion Commissioner Orlove moved to approve on first reading Proposed Ordinance No. 10- 026. Vice Mayor Ross and Commissioner Hay seconded the motion. Commissioner Orlove inquired how the ordinance would affect the existing pain clinics or pill mills. Mr. Rumpf responded those facilities currently licensed or approved in the City would not be affected. They would fall under the affects and requirements of the State law. Commissioner Orlove questioned if the penalties would be a deterrent. Chief Matt Immler introduced Sgt. John Bonifair, a member of the Community Action Teams (CATS) and his squad worked primarily in narcotics and regulatory type matters. Sgt. Bonifair indicated the new ordinance would give the police some ability to regulate the pain clinics. It would open the door for the police to determine the mode of operation of the clinics and could revoke the Business Tax Receipt if violations were found. The violation rather than the fine would allow the State licenses to be revoked. Commissioner Hay asked if signage for the clinics was required. He thought it should be required to identify the locations. Mr. Rumpf advised neither the ordinance nor sign Code required specific signage for any business. Attorney Cherof advised the regulations would have to apply to all businesses within the City. It was not an issue of hiding the business. The cost for signage may be an issue for new businesses. The idea could be reviewed for inclusion in the regulations. Mayor Rodriguez noted some businesses did not need signs to generate business. Vote City Clerk Prainito called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 10-027 - FIRST READING - Approve Pain Management Clinics (CDRV 10-007) code review to amend the Land Development Regulations to include a definition, and operational requirements applicable to pharmacies and drug stores in connection with the warranted 16 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 control over the dispensing of certain pain medications by pain clinics, pain management clinics and other uses that dispense pain medications. Applicant: City initiated. Attorney Cherof read Proposed Ordinance NO.1 0-027 by title only on first reading. Motion Commissioner Orlove moved to approve Proposed Ordinance No. 10-027 on first reading. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT A. Review and discuss supplemental property tax impact study as prepared by City staff. Mr. Bressner suggested the Development Department include as part of the plan review process, a fiscal impact analysis. The study covered two basic areas of the Commercialllndustrial tax base and residential tax base. The City's overall taxable value lags behind many neighboring communities while those same communities have higher tax rates. The distribution of taxable value can be critical. In 2009 the taxable value was $4.88 billion and in 2010 it dropped to $3.63 billion or a 15.5% drop. Over the last three years, the taxable value has dropped approximately 40%. The elements of a perfect storm have been created with the economy. It greatly stresses the ability of the municipality to generate revenue for programs, services and activities. The citizens continue to want all the services, but do not want any rate increases. Programs, services and activities have been scrutinized since 2006. The per capita taxable value is about $53,800 which was second lowest in the survey. Taxable value for commercial properties, the City was third in the survey due to the commercial growth along Congress Avenue. Mr. Bressner cautioned that the taxable value of the Boynton Beach Mall alone had declined $25 million in one year. The occupancy rate is a contributing factor. The study also revealed the City has a high percentage (69%) of owner-occupied properties subject to the homestead exemption. The seasonal homeowners have now seen a significant decline in taxable value. The impact of market changes was not yet known. 17 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Commercial properties comprise 3.8% of all parcels, but one-third of the taxable values. The commercial properties are relatively new and there is potential for further development. If the CRA contributes more commercial development it would help the overall picture. Ultimately, the land use decisions need to be carefully considered to increase the taxable value. Industrial lands have been lost. There is a strong mix of commercial and residential in some areas that had been beneficial. Mr. Bressner did note the loss of industrial property in the Quantum PUD and the property across from Hunter's Run was not beneficial and contributed to the overall status of the City. Commissioner Holzman reiterated his contention that the number of commercial properties lags behind other municipalities. The continued trend to change commercial properties to non-conforming uses is detrimental to the tax base now and in the future. The many charter schools and churches do not provide income to the City that must be recouped from the citizens. Mr. Bressner proposed changing the land use plan would be instrumental in changing to more commercial and industrial-zoned property. He stressed the inventory of non-residential properties had to be increased and add value to the residential stock. Mayor Rodriguez pointed out the residential value would be driven by the market, the economy and demographics. The per capita income in Boynton Beach is less than other cities and is a contributing factor. Commissioner Holzman opined the number of parcels would have to be minimized for greater value. He emphasized the uses of the parcels has to be re-evaluated to favor a higher tax base. Mayor Rodriguez pointed out the residential base had to support the commercial uses also. Vice Mayor Ross commented the occupancy in the Catalina Center was now filled with Florida Career College. Mr. Bressner anticipated the next tax cycle would reflect an increase due to a higher occupancy level. Mayor Rodriguez felt the City should be concerned about the status of the Boynton Beach Mall. The commercial properties along Congress Avenue were taking businesses away from the Mall. Mr. Bressner knew that Simon properties were attempting to reposition some of the business to adapt to the changing market place. Attorney Cherof interjected that staff's recommendations are based on compliance or non-compliance with the Zoning Code. Commissioner Holzman advised it was the responsibility of the Commission to assess the impact on the taxable value in conjunction with the zoning regulations. He proposed a committee be established to research the issue and make recommendations on what properties that are residential should be commercial, what properties are under-performing and the how income is being generated from the properties that we have to attract businesses to Boynton Beach. Mayor Rodriguez commented the Business Development Board was actively pursuing every business opportunity they can, but all other municipalities were doing the same. 18 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Commissioner Holzman proposed a committee be established to look at the properties and determine where there are zoning issues. Mr. Bressner added if the land use policies are modified, changes to preserve or expand land uses that contribute to the taxable value of a community will need to be made. If industrial land uses are not adequate or appropriate to generate the tax base, then it needs to change. The questions are what the inventory includes and the deficiencies and areas needing improvement or protected. A game plan would need to be developed to target some areas. Mayor Rodriguez suggested staff bring to the Commission a proposal of some sort of study, inventory or analysis for the Commission to evaluate and envision a solution. Mr. Bressner contended it may be too early in the process for a committee. Vice Mayor Ross thanked Mr. Bressner for his continued insight into the issue and expanding the knowledge of the Commission to recognize the problems in comparison to other municipalities. The demographics are very different and income levels vary greatly. She emphasized the Chamber of Commerce was keenly aware of the issue and works closely with the Business Development Board of Palm Beach County, City Manager and CRA. Vice Mayor Ross recalled Quantum Park was to be commercial and industrial, but became mixed used with a great deal of residential. The available industrial area is currently 50% empty. Mr. Bressner thanked Hanna Matras as the key contributor to the report and analysis. B. Approve negotiation of a contract under CCNA guidelines with REG Architects, staff's #1 ranked firm as a result of RFQ 068-1210-10fTH for "Historic High School Redevelopment Services". Motion Commissioner Orlove moved to approve the negotiation of a contract with REG Architects. Commissioner Holzman seconded the motion. Commissioner Orlove inquired about the time and cost involved to compile the study on the Old High School. The REG Architects' representative indicated the goal was to put together a development plan that could be implemented quickly. The plan could be done in three to four months and work within the previously proposed estimate of cost. Commissioner Orlove hoped the plan would be flexible and address the different goals and visions the Commission has for the property. The executive report submitted had four goals. The first goal would be to have not only a consulting plan, but also a pre- development partnership with many team members to work on the project. Second goal would be to engage as many people as possible in Boynton Beach to determine who is most interested, economic sources and other sources. The third would be to market the 19 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 project and obtain early commitment for the spaces along with funding. The last goal would be to create the development plan as quickly as possible rather than a study. The motion passed. C. Consideration of the allocation of funding to purchase five (5) properties located on S.W.1st and 2nd Avenues, and N.W. 3rd Street. Mr. Greene explained there were six properties owned by Peter Wolofsky with five being contiguous that Mr. Wolofsky did not want to continue to maintain. The properties had both Code liens and tax liens attached. Lamar Realty had purchased one lot by tax deed leaving only three contiguous properties. There was consideration for marketing the project as one parcel for new development. Mr. Bressner advised the development could be for affordable housing and over time receive a return on the investment. There would be maintenance costs Mayor Rodriguez declared there was consensus to not proceed to purchase and allow the market to develop the properties. Motion 11. UNFINISHED BUSINESS A. Discussion of 4th Street City and CRA agreement. Commissioner Holzman recalled the CRA Board had allocated monies to pay for the trolley for a four-month period of time. The CRA budget did not include funds to cover the cost of the trolley unless the City waives the CRA obligation to the City for the 4th Street improvements of $436,680 in this fiscal year. If the payment to the City were waived there would have to be an amendment to the Interlocal Agreement. Commissioner Holzman was not in favor of waiving the payment to the City. Attorney Cherof agreed it would require a fourth amendment to the Interlocal Agreement. Vivian Brooks, Interim Executive Director, confirmed there would be no CRA monies available to pay the City this fiscal year or the next fiscal year if the trolley service is continued. Mr. Bressner explained the money had not been included in the City's budget as revenue, so the payment could be waived for one year, but not forgiven. Mayor Rodriguez summarized the options were to modify the Interlocal Agreement to defer payment or waive the payment or require the CRA to pay the $436,680 to the City. Attorney Cherof advised the obligation is owed to the City whether the monies are budgeted or not. Mayor Rodriguez contended since it was not budgeted, the impact to the City would not be a shortfall for this fiscal year. Commissioner Holzman interjected 20 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 the next fiscal year would continue with the same scenario. The money is available now to pay the City. Motion Commissioner Holzman moved to not amend the interlocal agreement and ask the CRA to provide the $436,679.81 as required by the agreement. Vice Mayor Ross seconded the motion. Mayor Rodriguez cautioned, if the motion passed, the trolley would no longer be funded and the $20,000 cancellation fee that the CRA budgeted would be due. The motion passed 3-2. (Commissioners Orlove and Hay dissenting) B. Procurement Comment Commissioner Hay requested clarification on the issue of disclosure pertaining to the procurement policy. If disclosure was made to the Executive Director or to a staff member would it be the same as disclosure to the Board and the public. He referred to disclosure by Vice Mayor Ross to Lisa Bright, Executive Director and the Mayor had discussion regarding the disclosure policy. Attorney Cherof advised, absent a conflict of interest that requires disclosure, there is no disclosure policy for the CRA or the City Commission requiring a public disclosure on issues regarding day-to-day operations of the CRA. Each Commissioner or Board Member is permitted to communicate with the Executive Director or staff on various type issues unless there is a conflict of interest under State Statute. Vice Mayor Ross advised she made the disclosure. Commissioner Hay wanted further clarification to understand what had been stated and a legal explanation of the requirements regarding the procurement policy. Attorney Cherof indicated he had not heard the Vice Mayor disclose any information that would require legal disclosure. He advised there was no conflict with the procurement policy or any conflict of interest. Commissioner Hay suggested reading the minutes and listening to the tape may be appropriate and if necessary he would bring the matter back before the Commission for further discussion. Vice Mayor Ross was concerned and stated for the record, "if something I said because in between the two CRA Board meetings it was in limbo because of the former Executive Director's lack of action on it." She was not blaming Ms. Bright because of the turmoil at the time. Vice Mayor Ross took the issue to the new Interim Executive Director and requested her to take action. A public records request would reveal the issue had all been done in writing to the City Attorney and Interim Executive Director. 21 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 Vice Mayor Ross wanted it clear because a citizen had appeared in front of the CRA Board twice to raise a question, but the citizen was not present when Vice Mayor Ross addressed the concern because of the "in limbo" situation. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 10-028 - FIRST READING - Approve amending Article II, Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Employees' Pension Plan". Attorney Cherof read Proposed Ordinance NO.1 0-028 by title only on first reading. Motion Vice Mayor Ross moved to approve Proposed Ordinance No. 10-028. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Conduit debt for the Charter School of Boynton Beach - October 19, 2010 B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) C. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) E. Geographic boundaries for City of Boynton Beach voting districts - (TBD) F. Appoint members to 7-member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 01/18/11 22 Meeting Minutes Regular City Commission Boynton Beach, FL October 19, 2010 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 10:10 p.m. ATTEST: CITY OF BOYNTON BEACH ......~.,,- 23