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Minutes 09-06-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, SEPTEMBER 6,2011 PRESENT: Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Pastor Kevin Slack of Christ Our Victory Fellowship C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove Mayor Rodriguez called the meeting to order at 6:30 p.m. and welcomed everyone to the meeting. The invocation was given by Pastor Norris Braswell, from Grace Community Church in the absence of Pastor Slack. The Pledge of Allegiance to the Flag was led by Vice Mayor Orlove. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Hay pulled Item 6.B. Attorney Cherof asked to move Item 6.J to after Item 13.A. and table Item 7.A for one more meeting. It is a bid protest issue. 2. Adoption Motion Vice Mayor Orlove moved to approve the agenda. Commissioner Ross seconded the motion. The motion passed unanimously. 2. OTHER A. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2011-2012 Fire Assessment. PROPOSED RESOLUTION NO. R11-089 Attorney Cherof read Resolution No. R11-089, by title only 1 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Motion Commissioner Holzman moved to approve Resolution R11-089. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing on R11-089, the fire assessment. Jonathan Dwork, 154 Orange Drive, a former volunteer fireman and emergency paramedic, opined the Fire Department had been funded by an emergency assessment that he felt was the wrong method. The funding should be in the normal millage rate. It bypasses the process for the poor and disabled to obtain a waiver of payment. Attorney Cherof mentioned, on behalf of the Commission, the public has the opportunity to voice their opinion. It is a business meeting and applause was not necessary and delays the process. Herbert Rothchild, a property owner on Boynton Beach and Commercial, asked if the assessment was the only source of revenue for the Fire Department. He asked if the Fire Department was reimbursed in any way when responding to an automobile accident. Mayor Rodriguez replied there is a charge for ambulance service for transports. He explained comments were appreciated, but it was not a question and answer session. Charles Harrington inquired if there was any accountability on the revenue and expenditures. Mayor Rodriguez explained the budget is public record and approved every year at public meetings. Mr. Harrington commented the assessment was difficult for those on fixed incomes and objected to the extension beyond the original seven years. He was concerned the assessment would not sunset and would be totally unfair. Ida Christian, 2181 NE 1st Court, said she enjoyed the Senior Center and it was very busy. Denise Chamberlain, 260C High Point Boulevard, recalled for the first assessment there had been meetings at the High School with many citizens in attendance. She questioned why it was not done without more public input as previously done. The original assessment included two new fire stations and more personnel. It was now being stretched beyond the seven years without public input. Mayor Rodriguez commented the subject was discussed at the Budget Workshops that were public meetings and the Commission meetings. Attorney Cherof clarified the public never voted on the fire assessment. There had been public hearings at the high school when the original assessment had been done. The information provided regarded the methodology that has been continuous in nature. 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 Only the rate is discussed annually. Ms. LaVerriere, Interim City Manager, added the rate is discussed every year and adopted in the public hearing process. Matthew Zarnelli, Executive Director of the Pointe Assisted Living Facility at 4733 NW ih Court, was concerned the expense of an addition to the assessment would have to trickle down to seniors on a fixed income. Carol Volkman, 1207 NW ih Court, had understood the assessment had originally been for only seven years. She questioned if the fire assessment monies went to retirement funding. Mayor Rodriguez acknowledged pension funding was an expense. David Krasick, owner of Superb Signs, 301 NW 1st Street, objected to the assessment. The Department should get lean to avoid a special assessment. He had cut his expenses for his business to survive and expected the City to do the same and eliminate the need for the special assessment. Cynthia Gregg, 507 NW 13th Avenue, argued that she received notice of taxes and was responsible for Lot 558 and 559. If she was responsible for the taxes, she demanded the deeds. Mayor Rodriguez contended it may be a legal description on the notice and suggested Ms. Gregg call the Property Appraiser's office. No one else coming forward, Mayor Rodriguez closed public input on the fire assessment. Vice Mayor Orlove clarified with Ray Carter, Interim Fire Chief, that several other cities in Palm Beach County utilized a fire assessment and almost all fire departments in Broward County, Miami-Dade County and many others throughout the State of Florida. The dollars raised by the assessment pay for the level of service acquired over the last eight to ten years to be one of the best in Palm Beach County. Continuing the current level of service requires the assessment. Chief Carter explained there is hardship assistance and anyone can apply for the waiver. It could be a partial waiver of the fee or total waiver. The application is on the web site. The exemption has been in place since the inception of the assessment and is the same as the County exemption. Ms. LaVerriere advised it was not a difficult process. There had been about 25 applications for a waiver. There is very specific criteria that had to be met. Commissioner Hay was surprised with the lack of support for the assessment, since his constituents wanted to keep the same level of service even if a minimal increase was needed. Mayor Rodriguez had only received calls challenging the assessment with no one in support of the assessment. He respected the fact the assessment was originally a short-term means of building new fire stations. Mayor Rodriguez could not support an increase because there continued to be efficiencies that could be achieved at the Fire Department to enhance revenues. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 A vote was taken and the motion failed 2-3 (Mayor Rodriguez, Commissioners Hay and Holzman dissenting). Attorney Cherof explained the entire fire assessment failed and $4,698,000 revenue would be lost or an increase of 1.5 in the millage rate would be needed. Motion Commissioner Holzman moved to retain the fire assessment at last year's rate of $68. Commissioner Hay seconded the motion. Vice Mayor Orlove was surprised by the action and would not support a reduction to $68. It was an "eleventh-hour" change that would ultimately be counterproductive at this stage. There were efficiencies that could be achieved after the budget process is completed. Mayor Rodriguez contended the efficiencies should have been done over a year ago and the Commission had been working through those over the past three months. It was disappointing to not see the result of those possible efficiencies at this stage. Vice Mayor Orlove countered there had been discussions regarding efficiencies and those have been made. Other discussions can move forward once the budget process moves forward. The reduction would decrease the level of service. Mayor Rodriguez argued it would be premature to assume the level of service decrease when the allocation of the tax dollars throughout the entire budget has not been decided. Vice Mayor Orlove disagreed. Chief Carter pointed out at the rate of $68 would be $1.5 million that would have to be gained from the ad valorem taxes to cover the budget. The budget was driven by the number of units, personnel, stations and expenses to maintain the level of service with the associated expenditures. Vice Mayor Orlove added the budget had a deficit of $250,000. Commissioner Holzman inquired about the revenue that would be generated if the rate were increased by $10 to $78. Mr. Atwood replied it would be approximately $700,000. Commissioner Hay wanted the impact on the response time and Chief Carter responded it related to the number of units in service and stations and locations of response. It could potentially equate to closing fire stations and eliminating in-service units that would directly affect response times. Motion Commissioner Holzman moved to set the fire rate at $78. Commissioner Ross wanted to be sure the Commission was not suggesting to sunset the fire assessment. She recalled discussion the increase to $88 was small compared to how high it could be set. Ms. LaVerriere indicated it could be increased to 100% and 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 right now it is at 43% of the total Fire Department budget. Chief Carter reported the maximum rate would be $202 per year. Mayor Rodriguez pointed out the original plan had been to sunset the fee. Commissioner Hay's position was either leave it at $68 or raise it to the $88 level. He would not support a $10 increase. The motion failed for lack of a second. The motion to set the fee at $68 failed 2-3 (Vice Mayor Orlove and Commissioner Hay and Ross dissenting). Motion Commissioner Hay moved to raise the fire assessment from $68 to $88. Commissioner Ross seconded the motion. The motion passed 3-2 (Mayor Rodriguez and Commissioner Holzman dissenting). B. Conduct this first Public Hearing for the Fiscal Year 2011-2012 Budget in order to: 1. PROPOSED RESOLUTION NO. R11-090 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2011-2012 Attorney Cherof read Proposed Resolution R11-090 by title only. It would be the first opportunity for the public to comment or ask questions regarding the proposed millage rate. There would be a second reading and public hearing. Mr. Atwood gave a brief presentation to educate the public on the perspective of the entire budget. The 7.4 tax rate was for the $65 million General Fund budget, being 43% of the total budget of $153 milllion. The Utility Fund is funded 100% by the water and sewer fees. Property taxes fund only a small percentage of the General Fund. Water and sewer fees are the largest revenue source of the City. Property taxes total $22.9 million. The Fire Assessment is $4.9 million in revenue and franchise taxes 4.5. The General Fund is the largest single fund, but not the total funding source by property taxes. The proposed funding sources for the General Fund includes transfers from other funds that have been relied upon heavily to support the expenses. Property taxes do not support the total cost of the services provided in the General Fund. The largest expense is 81 % for personnel services. Any significant cutback of the General Fund means laying off people. The operating expenses are small and capital outlay and non- operating expenses are nil. The staff reduction has been extensive and reduced by 60 this year for a total of 789 employees from the current level of 849. There have been 209 staff members or a 21 % 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 reduction from 2006/07. Fire and Police encompass 69% or $46.2 million of the total General Fund budget. Any significant reduction at this point would have to come out of public safety. When the economy was better, the fund balance was $21 million in 2005/06 and had gone down to $8 million last year due to transfers to balance the budget without cutting services. The emergency reserve was established by the Commission and is at 12%, far below the recommended level of 20% that is a national guideline. The current tax rate is 6.7626 and the proposed rate is 7.4 that cannot be increased at this time. The budget was not balanced at 7.4 mills. The media reported the taxes were going up 9.4%, but it represents the rate increase and not an increase in the tax bill of 9.4%. The tax increase would depend on the individual property evaluations. The actual tax increase is only 2.8% according to the truth in millage or TRIM regulations. Some homeowners would see their taxes go down. Motion Commissioner Holzman moved to approve the proposed millage, R11-090, providing for a 7.40 millage rate for fiscal year 2011/12 which represents a proposed millage rate of 2.9% above the computed roll back rate. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for the public comment on the 7.4 tax rate. Jonathan Dwork, 154 Orange Drive, suggested the millage rate be increased to pay for the Fire Department. There was an alternative to let the Fire Department be funded through the County assessment because the City charges double the County rate. The City lost Animal Care and Control to the County and he opined the Fire Department, Police Department and all other departments could be run by the County at a lower millage rate. He stressed the Fire and Police Department should have everything they need, but it should be funded entirely through the millage rate rather than a special assessment. Mathew Ledger, representing the Realtor's Association and its members, urged the Commission to keep the millage rate flat at 6.7626 and become more creative and find alternate ways to make up the shortfall in the budget without cutting services to the people. No one else coming forward, Mayor Rodriguez closed the public hearing. Commissioner Hay commented the transfer of funds had gone from $4.3 million to $27 million which was a bad trend. At the point of diminishing return, the funds would be depleted. Mr. Atwood agreed and pointed out almost all the money from fire assessment goes into the General Fund to support the Fire Department. The property 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 taxes are insufficient to support the Police Department alone. The property taxes have not been increased in line with the need for services. Vice Mayor Orlove inquired if the 7.4 millage rate would increase the residents' tax bill or decrease their taxes. Mr. Atwood remarked it depended on the individual property assessments. Approximately 70% of the residents would see a tax decrease. Vice Mayor Orlove stressed many residents do not pay property taxes or ad valorem taxes based on the assessment of their property. Based on fiscal year 2010, about 3% pay no taxes and almost 40% pay $200 or less in annual property taxes to the City. Vacant property would be subject to ad valorem taxes. It is not subject to the fire assessment. Commissioner Ross reviewed the examples that were presented in Mr. Atwood's presentation and noted one property owner would see an increase of nine cents a month. Mayor Rodriguez believed if property values decreased, the owner should pay less in taxes. He suggested a tax rate of 7.19 would generate the same revenue so no taxes would increase. There are opportunities in the budget yet to be utilized. There was $500,000 in the budget for raises for the Fire Department when all other departments received no increases. Mayor Rodriguez advised he would support the 7.4 millage rate at this time, knowing there was another opportunity to find other areas for reductions and efficiencies. He hoped the millage rate could be reduced to 7.19 mills so there would be no increase or decrease in taxes. Vote The motion passed unanimously. 2. PROPOSED RESOLUTION NO. R11-091 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2011-2012. Attorney Cherof read Proposed Resolution No. R11-091, by title only. Motion Vice Mayor Orlove moved to approve Resolution R11-091. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. Wade King, 235 NW 10th Avenue, wanted to know the millage rate needed to retain all services and personnel. Mayor Rodriguez advised the rate could only be lowered from 7.4 mills, it could not be increased to achieve his request. Mr. King felt there should be some strategy, such as no pay increase or a cut in hours or whatever was necessary to keep all personnel working and all the services. He suggested municipal bonds may be needed. The community should be maintained. The biggest resource was the people of Boynton Beach who should not suffer. 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Carol Volkman, 1207 NW th Court, represented the Senior Center, and pointed out the Center was accredidated through the hard work of the staff, members and volunteers that would be lost. The Shopper Hopper was the only transportation for many seniors to avoid becoming shut ins and would be a disaster for them. She asked the Center remain open until 4 p.m. There were not many senior activities scheduled at the Civic Center. Members outside the City would no longer pay to belong to the Boynton Beach Senior Center. Ms. Volkman did not think the ballroom dancing would survive if scheduled at 10 a.m. She noted the volunteers would lose their jobs while one employee got a $35,000 raise. The City was spending $7.3 million on downtown development so she felt the Senior Center should remain open until 3 p.m. The seniors had not gotten a raise for three years. Patricia Lynch-O'Conner, 2111 West Lake Circle Drive, disagreed with the decision to cut the Shopper Hopper program. People depended on the transportation for life blood day in and day out. She submitted a petition from the citizens of Palm Beach Leisureville and felt more signature could be obtained supporting the transportation. She challenged the Commission to go without transportation of their own. Partnering with the Chamber of Commerce could provide creative ways to continue the Shopper Hopper program. Mayor Rodriguez pointed out the Shopper Hopper may be gone, but a process was being implemented to provide the same type of transportation through working with the Recreation and Parks Department and the Commission to structure a program. Beverly Harris, 120 Ocean Court, Palm Beach Leisureville, had worked and volunteered her entire life. Taking away the Shopper Hopper program would be a sin and a shame. The cost could be raised or hours decreased and she urged the Commission to reconsider. Denise Chamberlain, a Senior Center volunteer and Chair of the Senior Advisory Board, hoped a program like the Shopper Hopper could be accomplished. She also was concerned about the closing of the Senior Center at 1 p.m. She pleaded to keep the Center open until 3 p.m. Rosalind Livit, 404 SW 8th Place, an 80 year old resident and her husband, needed the buses to go to the grocery store and to pick up medicines. The Senior Center gave her and her husband an opportunity to enjoy people and the activities. Roberta Larsen, 4359 Francine Court, Lake Worth, a City bus driver, advised the riders did not want Mae Volen buses and drivers. She asked why the fee to ride had not been increased over the years. The veterans and their wives need the buses. She suggested the raises given should be given to the Shopper Hopper program. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Mark Karageorge, 240A Main Boulevard, recommended monies be set aside for abatement to hold property values. The budget cuts affect the most vulnerable citizens, the seniors and children. Cutting the Senior Center hours was a disgrace and cutting the preschool program, funding for the Learning Center, PAL athletic program was critical because those programs kept the youth active and achieved a better quality of life in the City. Mr. Karageorge recommended more cuts in Planning should be done since the Planning and Development Board only handled one request each month while the department has several planners on staff. Eliminating one planner would help subsidize several programs being cut. Another planner was just added to the staff and Mr. Karageorge did not see the need for so many staff members. The seniors fought for the freedoms enjoyed today and the Commission should give the seniors the respect and dignity they deserve. The Senior Center had been recognized nationally and was a real treasure that should not be diminished. Elvio Sullivan, 150A High Point Boulevard, loved the Senior Center that was a life to many and should be enjoyed every minute. She stressed the importance of the Senior Center and asked that no changes be implemented. Brian Edwards, 629 NE 9th Avenue, remarked if 60 employees had been cut, and the City remains in debt, and nothing more could be cut, the City should look at a debt ceiling. It is tolerated on a national level and a local level may be appropriate until the economy improves. Ida, Christian, 2181 NE 1st Court, Village Royale, thanked the Commission for listening and their consideration. She prayed the Senior Center would stand as is. Kathryn Lynch, 612 Horizons East, Sterling Village, wondered if the sponsors for the Senior Center would continue if the facility closed at 1 p.m. Many people use the equipment everyday and the participants take care of each other and socialize with others. It is a viable atmosphere that is needed by many. Rosemarie Russo, 1191 SW Lake Circle, was legally blind and depended on the bus to assist her with her daily living needs. The bus was her life and she begged the Commission to give it back to the people who need it and those who may need it in the future. Don Scantlan, 13 Cedar Circle, suggested the Library operating hours should not be reduced and the Commission should revisit the issue. Robert J. Lee, 507 NW 8th Avenue, commented the employees should meet and consider cutting everyone's work hours to save jobs. Cross training should be initiated across all departments. Mayor Rodriguez closed public audience. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 Vice Mayor Orlove remarked the Shopper Hopper was a great service to the community. It cost the City over $20 a trip, per citizen. There are other options and the Commission allocated $50,000 toward a service for the senior citizens. The Shopper Hopper was not a viable operation. The Executive Director of the Volen Center hoped a working relationship could be accomplished to solve some of the issues for the citizens of Boynton Beach. The Volen Center had existed for over 40 years and had been serving Boynton, Delray and Boca Raton and 30% of those served are from Boynton Beach. They wanted to expand their transportation in the City with a LIFT program that is $5 each way, along with an annual membership fee. It would provide door-to-door transportation. A grant would be submitted and she hoped it would include Boynton Beach in the plans. The community coach, a large bus service, is available. Wally Majors, Recreation and Parks Director, found the voucher system being planned would not survive for very long. The proposed grant monies would not be available until 2012. The current transit coaches could be retained and with permission from the Federal Government, a partnership with the Volen Center would allow the Volen Center to use the coaches and expand the service in Boynton Beach by using the $50,000. Ms. LaVerriere had distributed a proposed letter of intent to be included in the grant application. Commissioner Holzman inquired if there was a contingency plan if the grant was not awarded. Mr. Majors replied a voucher system could be instituted or work a partnership with the Volen Center and transit coaches for a better return on investment. Debbie Majors, Grants Coordinator, had determined the Volen Center was a prior grant recipient and would request the grant again. The partnership would provide the closest service to the Shopper Hopper program. Ms. Majors sought direction from the Commission to proceed with the grant application partnership. It would not be fully operational until January 2013. An interim program was discussed and had to be more fully developed. The Volen Center Executive Director stressed, if the grant were awarded, it would be $100,000 added into the transportation system for the City of Boynton Beach. The Volen Center had a long-standing relationship with the Boynton Beach Senior Center for providing quality services. Motion Commissioner Ross moved to approve proceeding with the grant. Vice Mayor Orlove seconded the motion. Commissioner Holzman thanked the Volen Center and staff for all their efforts to create a program. He cautioned the City should tread lightly and should take monies from the Utilities' $4 million fund balance and keep the Shopper Hopper program and increase 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 the fees so the users could take more ownership and responsibility for funding the program. Raising the rate to $5 to $10 for a round trip would be advisable. The monies could also be used to fund keeping the Senior Center open until 4 p.m. Certain services should be provided for the citizens and the use of the Senior Center and Shopper Hopper is extremely important to many residents. A transition program should be funded until the status of the grant funding can be determined. Vote The motion passed unanimously. Ms. Majors announced another grant opportunity, asking the City for a letter of support and commitment, relating to jobs and employment, for Jobs Access Reverse Commute through the South Florida Regional Transportation Authority. It would be the Boynton shuttle and provide free connection for area residents who wish to access downtown Boynton Beach, the Boynton Mall and other regional employment centers via TriRail. It would be 50% Federal funded and 50% regional funded. Ms. LaVerriere indicated it was totally separate from the Shopper Hopper. There would be no impact on the City or the budget. Ms. Majors advised it would not be a grant to the City, rather to the South Florida Regional Transportation Authority (SFRT A) and benefit the citizens in the area. Jeff Livergood, Director of Public Works and Engineering, advised the program was designed for the job commuters. The Authority would provide the service and operation. It would be an additional transportation element. The locations would be to job centers, possibly hospitals and would be transportation for Boynton Beach residents to TriRail. It would be independent from the City and the request is for support of their program and grant application. The SFRTA would proceed with the grant application with or without the letter of support. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. Vice Mayor Orlove felt the City had the opportunity to work with the Volen Center to create a pilot program for some type of transportation for seniors similar to the Shopper Hopper. The coaches could be retained from Palm Tran for a nominal fee and allow a level of service. Motion Vice Mayor Orlove requested staff pursue some type of pilot program with the Volen Center. Commissioner Hay seconded the motion. 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Mayor Rodriguez understood there was a program in place to transition from the Shopper Hopper to the Volen Center. Ms. LaVerriere added it would be subject to a service agreement and transfer of the coaches to the Mae Volen Center, and expand the LIFT program into the City of Boynton Beach, until the grant would be awarded. Vice Mayor Orlove was seeking a more door-to-door, personalized service as the Shopper Hopper had done, at a better cost as a pilot program. Palm Tran and the Volen Center already provided service to the City of Boynton Beach residents. Mayor Rodriguez was concerned about relying on a grant year-after-year. Commissioner Holzman contended the City of Boynton Beach could provide round trips cheaper than the Volen Center would provide the service. The City could be out the $100,000 which would be the same amount if the coaches were utilized by the City and fees increased comparable to the Volen Center rates. Mr. Majors cautioned the huge investment was in the personnel needed to operate the buses. Commissioner Holzman assumed if the grant was not awarded the City would be at a $50,000 loss. It should be a transition. Vice Mayor Orlove reaffirmed the $50,000 would fund a more personalized service for one year if the transit coaches were transferred. He reiterated his desire to move forward with the pilot program. Ms. Majors further explained the LIFT program would be available from 5 a.m. to 9 p.m. The pilot program would not allow for extended hours. Mayor Rodriguez asked the matter be returned to the Commission with more detailed plans to be provided. Vote The motion passed unanimously. Vice Mayor Orlove returned to the issue of restoring some programs back into the budget and suggested the Commission continue to fund the Little League to maintain the field, restore the Senior Center hours, restore some Museum funding and funding for the Library. Mayor Rodriguez noted the majority of the Commission was in favor of all the items mentioned. The key was the money to fund the items. Ms. LaVerriere announced the Memorandum of Understanding had to be approved by the Commission on September 20, 2011. It could be discussed in concept though. At the 7.4 millage rate, with the adjustments made, the budget had a $297,000 deficit. Ms. LaVerriere advised there were six vacant fire positions at a cost of $378,000 not in the budget. Adjustments in services at Fire Station #1 would be needed. Chief Carter explained without the six positions one unit would have to be eliminated. The other efficiencies would be the fuel used by the one vehicle. The cost of call responses would remain the same. The savings would be minimal, probably less than $10,000. The ambulance would go out of service. It would not be out of the fleet. Fire Station #1 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 would be inhabited with firefighters. The savings would be in less personnel. Chief Carter could not determine if response times would increase because it is driven by call locations and availability of units at any given time. Vice Mayor Orlove questioned if the interlocal agreements with the barrier islands would be affected. Ms. LaVerriere added service to those locations was also provided by Fire Station #4. Chief Carter noted Fire Station #5 also responded if #1 and #4 were unavailable. The agreements do not specify fire service from Fire Station #1. The agreements do require response times from Stations #1 and #4 were acceptable and covered 12 firefighters. There is no specified response time standard. The interlocal agreements generate $1 million in revenue. The cost to have Fire Station #1 open was $900,000 to $1 million with all firefighters and both units. The average response time for Boynton Beach is four minutes and nine seconds. Commissioner Ross asked if other municipalities were taking similar steps to cut costs. Chief Carter was not aware of specific cuts, but overtime had been greatly decreased the previous year and staff reduced by one position. Closing Fire Station #1 would eliminate eight firefighters, two lieutenant positions and one captain with a value of $715,597 and the facility reduction would be approximately $50,000. It would have to be maintained, but the operational costs would be eliminated. Since the six vacant positions were already deducted, the net savings would be approximately $400,000. Mayor Rodriguez recalled the original plan was to close Fire Station #1 after the two new stations were constructed. Chief Carter noted the two interlocal agreements were not in effect at the time of the original plan. Ocean Ridge has 180 calls a year and Briny Breezes has 90 calls a year. Attorney Cherof advised the terms and conditions of the interlocal agreements could be renegotiated, if requested. Closing Fire Station #1 would not violate the current agreements. Commissioner Hay asked if the Commission was restricted by collective bargaining to discuss reduced hours as suggested. Chief Carter advised the collective bargaining agreement defines a work week for firefighters as 48 hours. There was no consensus to close Fire Station # 1 completely. Mayor Rodriguez summarized the only additional revenue was the raises for the firefighters that cannot be discussed because the agreement had not been finalized. Consensus There was consensus to include the following funding if the money was available: Little League field maintenance Restoration of Senior Center hours. 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Create a Nuisance Abatement Fund Restoration of some Library funding. Add economic development incentive funding Restore funding to the Museum to $18,000 Vote The motion passed unanimously. Attorney Cherof announced there would be a second and final public hearing on the budget and millage on September 20, 2011 at 6:30 p.m. in the Commission Chambers. The public would have the opportunity to speak. C. Informational Items by Members of the City Commission Commissioner Ross had heard former Senator Dave Aaronson speak on the pill mill issue. A law recently enacted would greatly reduce the number of pill mills in the area. Florida now has a database on prescriptions for narcotics. Ms. LaVerriere advised there were nine locations within the City. Six had been eliminated. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. 2nd Budget Public Hearing and Final Adoption of the Fiscal Year 2011/12 Budget - Tuesday, September 20, 2011 at 6:30 p.m. in Chambers B. Proclaim September 11, 2011 as Patriot Day and National Day of Service and Remembrance. Proclamation to be presented to Pastor Kevin Slack Mayor Rodriguez read the proclamation and presented it to Pastor Norris Braswell. The Pastor advised a service would be held at 1 :30 p.m. on Sunday, at City Hall, around the flag pole for a time of prayer and remembrance. It would be open to the public to pray for the Nation and the responders, and their families to be healed and able to move forward. 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) Mike Osborn, 3712 Colebs Avenue, a representative of the blue collar union, reported a situation had occurred involving Commissioner Holzman confronting employees of the Utilities Department for not helping him catch his dog. The workers felt Commissioner Holzman used his position to try and intimidate them and threatened to call their 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 supervisor and he did. The employees felt like they were going to be reprimanded for doing their job. The job descriptions do not include catching dogs. There are ordinances for the City and County that require animals to be on a leash when outside. It has happened in the past with other Commissioners in different situations. With all the recent ethics training, the Commissioners should not use their positions for personal gain, no matter what it is. There are many things the employees are not allowed to do because of the liability to the City and the employee. He hoped the Commissioner would realize the employees are human beings and deserve the same respect he demands. In fact, some employees are taxpayers within the City of Boynton Beach that he has been elected to serve. Don Scantlan, 13 Cedar Circle, Chair of the Financial Advisory Committee, suggested the Solid Waste privatization issue involve an A76 study. He distributed information explaining the process and purpose of such a study. It would be for the Commission to decide if it was necessary. Victor Norfus, 261 N. Palm Drive, remarked the recent raise given to the Interim City Manager was inappropriate at this time when employees were being laid off and funding cuts being made. The City is in a financial crisis and the Community Redevelopment Agency employees were receiving raises. Some of the highest paid employees were getting raises because they were not the highest paid employees. More fees are being applied and less services offered to the community. David Rigman, 107 NE 13th Avenue, an 18-year City employee in the Sanitation Department, hoped the Commission would make a good decision and not privatize the garbage pickup. A private company would not assist the citizens like the City employees do. The employees need their jobs to support their families and mortgages. Willy Adams, 311 NE 7th Avenue, an 18-year City employee, advised the Sanitation Department had lost people, had retirements and even a death, but the employees take it to heart and do their best work even though they are short-handed. A private company could not provide the same level of service as the current workers. John Dames, 370 NW 1 ih Avenue, indicated privatization in other communities has not gone well and remains ineffective. The cheapest way was not always the best way. It would affect families if jobs were lost and the entire community. He urged the Commission to think about the livelihood of the employees, the taxpayers, and the citizens of the City. Reverend George Sweeting, 104 NE 20th Avenue, expressed his concern about the families of the current workers who are low income and would not be able to take care of their families if their jobs were lost. 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Isaac James, 217 NW th Court, liked his garbage people and contended they need their jobs like everyone else. He urged the Commission to be fair with the workers because they are a part of the City of Boynton Beach. Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor Orlove moved to move Robyn Lorenz from an alternate position to a regular position on the Arts Commission. Commissioner Holzman seconded the motion. The motion passed unanimously. Motion Vice Mayor Orlove moved to appointed Lesha Roundtree to the Community Relations Board. Commissioner Holzman seconded the motion. The motion passed unanimously. Motion Commissioner Hay appointed Vince Piraino to the Community Relations Board. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Holzman moved to table Mayor Rodriguez's appointment for the Financial Advisory Committee. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Holzman moved to table Mayor Rodriguez's alternate appointment to the Planning and Development Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Accept the resignation of Michael Madalena, a regular member of the Financial Advisory Committee Commissioner Ross pointed out Mr. Madalena was the Vice Chair of the Committee and stated for the record, "The Vice Chair position had not been appointed". 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Motion Commissioner Ross moved to accept the resignation. Commissioner Holzman seconded the motion. The motion passed unanimously. C. Accept the resignation of Corey Cook, a regular member of the Recreation and Parks Advisory Board Motion Commissioner Holzman moved to accept. Commissioner Hay seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the minutes from the City Commission budget meetings held on July 11, 12 and 13, 2011 and the regular meeting held on August 16, 2011 B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the ten (10) month period ended July 31, 2011 Commissioner Hay had pulled this item for discussion, but indicated his question had been answered by Mr. Atwood. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R11-092 - Approve and authorize signing of an Agreement for Water Service Outside City Limits with Zheng Weifang for the property at 7756 Washington Ave, Lantana, FL D. PROPOSED RESOLUTION NO. R11-093 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Raymon A. Marcinkoski for the property at 1155 Highview Rd, Lantana, FL 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 E. PROPOSED RESOLUTION NO. R11-094 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Raymond A. Marcinkoski for the property at 1147 Highview Rd, Lantana, FL F. PROPOSED RESOLUTION NO. R11-095 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Cathy Howard for the property at 1236 Peak Road, Lantana, FL. G. PROPOSED RESOLUTION NO. R11-096 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Toni A. Andrews for the property at 7727 Overlook Road, Lantana, FL. H. PROPOSED RESOLUTION NO. R11- 097 - Authorize the Interim City Manger to execute the Subrecipient Agreement with the State of Florida and accepting the 2010 State Homeland Security Grant in the amount of $9,000 to fund sustainment training for Boynton Beach Fire Rescue Department's FLUSAR Type II Team 746. I. PROPOSED RESOLUTION NO. R11-098 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG) awarded for $55,803 J. Approve request for Hurricane Alley Sidewalk Cafe Permit. Applicant - Ms. Kim Kelly, owner K. Motion to approve one-year extension with a 6% price increase for the Annual Supply of Metal Containers and RolI-Offs, Bid #057-2510-10/JMA with an estimated annual expenditure of $60,000 L. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 067-1412-11/MFD to the following six (6) companies: Ferguson, HD Supply, Innovative Metering, Lehman Pipe, MSC Waterworks and Sunstate Meter on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $65,000 M. Approve the updated Library Long Range Plan for 2011-2014 N. PROPOSED RESOLUTION NO. R-11-099 - Approve and authorize the grant application and agreement for Library State Aid To Public Libraries Grant for FY2011-2012 18 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 7. BIDS AND PURCHASES OVER $100,000 A. (1) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059- 2821-11/TWH "Regional Lift Station at Pence Park" to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner's contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11) 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement of $9,000 in Toby and Lorraine Rubin v. City of Boynton Beach Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. 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. A. Approve new site plan for the construction of a 12,204 square foot office building on a 1.41-acre parcel in the PID zoning district. Applicant: Literacy Coalition of Palm Beach County Attorney Cherof indicated the request was site specific. He administered an oath to all those intending to testify. Eric Johnson, Planner, reviewed the proposal and located the property in Quantum Park. North of the property was a light, industrial building with an 0-1 Quantum Park Land Use Option. The south is undeveloped land with a Mixed-Use Quantum Park Land Use Option. On the east is Quantum Boulevard with multiple tenants in an Industrial Land Use Option. The west has undeveloped land and an existing lake for Quantum Park Water Management. Staff reviewed the project that has 181 feet of frontage along Quantum Boulevard. The project would be done in one phase with completion in 2012 and employ 89 people, both full and part-time. It would be a green project. The project was reviewed for 19 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 concurrency and it met the traffic performance standards of Palm Beach County. It did not require school concurrency. There is sufficient potable water and sanitary service to support the project. Police and Fire can accommodate the level of service required. A more detailed drainage plan could be submitted at the time of permitting. The project requires 51 parking spaces and provides 57 parking spaces. The landscape plan meets Code that complies with the water-wise regulations. It had been approved by the Quantum Park Architectural Committee. There are 19 conditions of approval and staff recommended approval. Lori Gillman, a member of the Board of Directors of the Literacy Coalition, was excited about the move from Delray Beach to Boynton Beach. They did agree with all the Conditions of Approval. Commissioner Ross was pleased a solid non-profit was coming to the City of Boynton Beach. Commissioner Holzman agreed the Literacy Coalition was a great non-profit. He reiterated Quantum Park had been set aside for a tax base and non-tax paying organizations should not be allowed in the area. There are many parcels owned by the City that could be used and would not involve a loss of tax dollars. There is $8,000 to $9,000 of tax revenue that would be lost every year. Many budget cuts had been taken and employees let go due to the lack of funding and yet seven or eight non-profits have asked for approval and the City agrees, while it generates no tax dollars. The project would not create new jobs for the citizens. Commissioner Holzman encouraged the Coalition to move to the Old High School. Vice Mayor Orlove agreed with Commissioner Ross and felt it would be an asset to the community. There would be many opportunities to benefit from 89 new employees in the general area, as well as visitors to the site for meetings and conferences. It would be a tremendous asset to the City. Commissioner Hay agreed with Commissioner Ross and Vice Mayor Orlove to support the project. Commissioner Ross agreed the tax base should be protected and expanded, but there was room for non-profits in the City. Ms. Gillman advised the Coalition was investing heavily in the City of Boynton Beach and the site would be a location for training sessions and would bring more people to the area. There was room for at least five to ten additional employees at the site. The 89 workers would be transferring from the Delray facility to Boynton Beach. Commissioner Holzman commented the organization was great, but he felt there were other locations that would have served their needs without taking any of the tax base out of the City. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. No one from the audience came forward to comment. 20 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 Vote The motion passed 4-1 (Commissioner Holzman dissenting.) 10. CITY MANAGER'S REPORT A. Per the request of Mayor Rodriguez, discuss alternatives to the City's current solid waste collection services - TABLED ON 08/16/11 Motion Vice Mayor Orlove moved to remove Item 10.A from the table. Commissioner Ross seconded the motion. The motion passed unanimously. Vice Mayor Orlove felt it was a large issue that needed more time for the Financial Advisory Committee, staff and the Commission to investigate the alternatives. He did think the City had one of the best Sanitation Departments in the County. Private companies have not worked to the benefit of other communities. At the appropriate time, the advantages and disadvantages should be fully discussed. He commended the employees for their fast response to citizens' questions and concerns. Motion Vice Mayor Orlove moved the discussion regarding sanitation in the City be reviewed by the Financial Advisory Committee and staff, to be brought back at the appropriate time. Commissioner Hay seconded the motion. Commissioner Ross realized the Sanitation Department was exceptional and contended any change should be reviewed by a professional consultant. She would not rely on the opinion of the Financial Advisory Committee Chair. There was no funding for a consultant to be hired. Vice Mayor Orlove noted the Financial Advisory Committee had already been asked to review the alternatives and make a recommendation. Commissioner Ross would want the entire Committee's feedback. She was not convinced the issue should even be reviewed. Commissioner Hay was ready to go to Option 5 to maintain existing services without further ado. He would support Vice Mayor Orlove's motion. Commissioner Hay had spoke with Waste Management and other companies, who advised the City has the best Solid Waste collection in the area. The workers have gone beyond the call of duty on a regular basis. Vice Mayor Orlove disclosed he had met with a registered lobbyist for Waste Management to discuss the issue. Commissioner Ross had met with the lobbyists as well. 21 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 Vote The motion passed 5-0. 11. UNFINISHED BUSINESS A. Discuss the recommendation from the "review committee" to rename the Boynton Beach Child Care Center building in honor of Lena Rahming Commissioner Hay felt the recommendation had been discussed enough. Lena Rahming was an icon in the community and should be honored for her 50 years of service by renaming the Child Care Center. She is affectionately known by the name of Lena Rahming. There is documentation showing use of the name Lena Rahming. Motion Commissioner Hay moved to rename the Boynton Beach Child Care Center the Lena Rahming Child Care Center and direct staff to move ahead with the necessary arrangements to make it happen. Commissioner Ross seconded the motion. Commissioner Holzman inquired if the issues with the family had been resolved. Ms. LaVerriere understood the family was in some type of litigation over estate issues. Attorney Cherof advised it would have no affect on the Commission's decision. Vote The motion passed unanimously. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-021 - FIRST READING - Amend the Land Development Regulations, Chapter 3, Article V, Section 9 "Sidewalk Cafe" relative to locational and operational characteristics. Applicant: City-initiated 6.J. Approve request for Hurricane Alley Sidewalk Cafe Permit. Applicant - Ms. Kim Kelly, owner (This item was previously moved on the agenda to coincide with the Ordinance) Attorney Cherof read Proposed Ordinance No. 11-021, by title only, on first reading. 22 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 Eric Johnson, Planner, reported there were two issues. One was approval of a permit and the other a change to the ordinance language to allow sidewalk cafes. The owner of Hurricane Alley wanted to obtain an upgraded liquor license. It is licensed for 96 seats and would increase to 150 seats. There is a request for 54 additional seats to be outdoors. The matter had previously been discussed and approved by the Community Redevelopment Agency Board. Motion Vice Mayor Orlove moved to approve Proposed Ordinance No. 11-021. Commissioner Holzman seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner Holzman moved to table Item 6.J. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof advised the issue would be addressed after the second reading of the Ordinance. B. PROPOSED ORDINANCE NO. 11-020 - SECOND READING - PUBLIC HEARING- Amend the Land Development Regulations (LDR) to 1) modify the definitions of certain industrial uses to allow an accessory component to include retails sales, tasting rooms, and facility tours; and 2) to allow such industrial uses within the General Commercial (C-4) zoning district. Applicant: City- initiated Attorney Cherof read Proposed Ordinance No. 11-020, by title only, on second reading. Eric Johnson, Planner, explained this was an opportunity to allow beverage manufacturing and other food manufacturing establishments in M-1 zoning districts and C-4 zoning districts. It would include a tasting room. Staff recommended approval. There was discussion if the matter should be tabled until after the changes to the Adult Entertainment Ordinance were approved. Ms. LaVerriere advised there were legal issues waiting to be resolved. It was established there were no pending applications for microbreweries or tasting rooms. There are businesses waiting for the change to file applications. 23 Meeting Minutes Regular City Commission Boynton Beach, FL September 6,2011 Motion Commissioner Holzman moved to table. Vice Mayor Orlove seconded the motion. The motion passed unanimously. C. Authorization to make Offer of Judgment in the Boynton Beach Mausoleum vs. City of Boynton Beach - Palm Beach County Circuit Court Case No. 502008CA030196XXXXMB(AB) Attorney Cherof advised he was requesting authority to make an Offer of Judgment as outlined in the materials. It is an attempt by the City to resolve the case. Legal has no authority to make Offers of Judgment in this amount. In the absence of an official Offer of Judgment there would be no point to request attorney fees if the offer is rejected. The case is set for trial and unless the Offer of Judgment is made at this stage the opportunity would be lost. Attorney Cherof felt it would be foolish for the Plaintiff to reject the Offer. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. Review Draft of Old High School RFP - 9/20/11 B. City Manager Search - 10/04/11 C. Modification to the City's lobbying registration ordinance - 10/4/11 D. Follow-up to City/CRA workshop - 10/04/11 E. Revisions to restrictions for vehicle size in residential districts - 10/18/11 F. Draft Economic Development Plan for the City of Boynton Beach - 10/18/11 G. Report from Branding Committee - 10/18/11 H. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 24 Meeting Minutes Regular City Commission Boynton Beach, FL September 6, 2011 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 10:08 p.m. ATTEST: 25 . :I: NO ~~ 0 ~Wl- ~ <( ~ ~(/)W \j W C) ~OC) ......... m . "- z Oa..O ~ ':;S. " Z - NO:J ~ 0 >~m <( I- U-a.. W Z :I: > 0 0 - m ..J U- m 0 :J a.. > I- - 0 . To hear public comment for- - Approving the budgets of . The General Fund - $65.9 M (430/0 of all funds) . All Funds - $153.1 M - Setting of the property tax rate at 7.4000 of taxable values ALL FUNDS !;";.~;'Pi~ ::;i';:i!Mi- o"t ~. . Water & Sewer-$32.4 M Property Taxes (Net)-$22.9 M Capital Sources-$19.8 M . Fund Transfers-$21.6 M . Solid Waste Fees-$9.7 M Internal Services-$8.1 M Public Service Taxes-$8.6 M II Fire Assmt-$4.9 M . Intergovernmental-$7.1 M Franchise Taxes-$4.S M . Charges for Services-$4.8 M ',. Golf Course-$2.1 M Licenses & Permits-$2.7 M All Other-$3.9 M ALL FUNDS General-$65.9 M . Utility-$32.2 M Capitallmp-$18.8 M Solid Waste-$11.3 M Debt Service-$8.6 M \? Fleet-$3.8 M Fire Assmt-$4.9 M Golf Course-$2.1 M Self Insur-$2.5 M All Other-$3.O M .t~.~...:i _.,f'f ,..'.':,0"0'. 'iJ\..;;\:;;.' .., ...'......-....... _ .;o<',:J-', . GENERAL FUND i~~ . Property Taxes (Net)-$22.9 M Fund Transfers-$21.6 M .'ntergovernmental-$7.2 M . Licenses & Permits-$2.8 M Franchise Taxes-$4.5 M Charges for Services-$4.8 M All Other -$2.0 M ~ ~ ~ ~ . Ol ~ C"') . C"l U') 0 ~ . .". -r- . ~ ft:Ft 0 #J't t .". . % 0 . t/) I . . 0- 0 0- ~ % > )( )( (/) U1 ~ uJ :) - ::s . Cl ..... Q) 0 Q) e: e: 0- \.l- e: .- - ~ tU 0 0 ...... rJ) ..... .- t: ..J Q) 0- ..... Q) 0- tU 0 4: 0... 0 U Z . . ct. uJ ,,-/;:',Iit~}<;:f! % uJ C) :p:.:~i%[.~.'~.';-' CITY STAFF REDUCTION (I '~ 900 - - 939 ~ QV 51 ~ 50 - - 54 - ~ - 52 - 50 - - 56 ~ - - 49 - ;-- 48 f--- 932 947 861 885 870 849 800 741 , , ~ EMPLOYEES - ALL FUNDS C!!V 1,000 ~ 800 700 600 500 400 300 200 100 ~/ ~/ ,pt'f9 ~ ,p9f1' ~ ~/ ~() ~,f ,," ,fcJ. ~ (,rJ1 ,f" ~ o FIT o PIT (Full Time Equivalents) ~;t: f; GENERAL FUND . Police-$26.1 M, 400/0 Fire-$19.7 M, 300/0 General Gov't-$3.18 M, 50/0 Fin. & Admin.-$3.6 M, 50/0 . Development-$2.6 M, 40/0 Public Works-$4.5 M, 70/0 Library-$2.2 M, 30/0 . Ree. & Parks-$3.85 M, 60/0 GENERAL FUND &.ii'~ ~ :;hi. '!l? .,~~ \\~ It $26,000,000 $20,000,000 $16,000,000 $10,000,000 $6,000,000 City of Boynton Beach General Fund Balance 7 Year Trend " '1 ()~ S'2 ~ L k $- /' ~/ .'1\?'\ " 40' ':Ii \0' ~~ , ,y\(, ?~u, '!,',B,' "-39'\ 13"" $'\0 ~/ " ~~ 65 '~3'3,'\ ~'3 ,> ~~ ,,-.; 'V $3.329,22'3 ~ -.:~ ~~ ,\13 $'7,,\6'\ ' GENERAL FUND $25,000,000 General Fund Balance and Emergency Reserve (Emergency Reserve = 100/0 of Annual Expenditures) ~ 7 Year Trend ~~' 4' $20,000,000 ?~ q,.# .." ,..6 ,'1 ~q,. ~ 1- Fund Balance-l , I ! -,- Emergency Reserve I '-- $15,000,000 ~f!' ,,1" ~'b /' ~ $10,000,000 ff" ,jJ AO ..1' ~ '~'"'=--l'f___" . ..,..,."........---y "'~ ~ ~ ~, ~ ~v~ $5,000,000 "', ~ " "\~ '7 ~ , " ., " $- ~--~ --._------ / / ,/' / ,,0 / ,,1- " ftt{ # GENERAL FUND ','j- $35,000,000 - $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 I ~. .... Transfers From Other Funds and Ad Valorem Taxes 7 Year Trend I T fe ! - rans rs ''- I ,,1 'f;P)J 010 i -- Ad Valorem Taxes '~>- ,,1-. ">,, ~.,n;j.. ,.,~ 'j.. v. - ~- 0.,'">'0 .,.- - ~_____ ~0_,^\)t>.'b C;~0 .. ,/ -----... 0. .,- S1-/ .~. .,..i:lP \) \)\) '?J1-'O' s1-1- .t~> ., .~ .t~ ?<l} ~c9. ~ $- .tv .~ "', . ... ., ~ 'l-# ~\? ~c9. I "0 !O ~SS ,f .t". .~ '" "6"a I " ~ 'l-r$5 ~a # ~ ~" r::I ~'" ~ ~'l- 1\t ~" ~ ~ 'l-rSS GENERAL FUND Current Rate Current Rate Roll Back Rate Recommended Pr osed Rate 6.7626 6.7626 7.1941 7.2843 7.4 Tax Redudlon No Tax Increase Tax Increase Tax Increase Taxes on Reduced Property Values $ 27,170,000 $ 27,170,000 $ 27,170,000 $ 27,511,000 $ 27,948,000 Tax (Reduction) Increase $ (5,876,000) $ (5,876,000) $ (4,733,000) $ (4,793,000) $ (4,868,000) Net Property Taxes $ 21,294,000 $ 21,294,000 $ 22,437,000 $ 22,718,000 $ 23,080,000 Other Rewnues $ 19,983,375 $ 19,983,375 $ 19,983,375 $ 19,983,375 $ 19,983,375 On Line Lien Rewnue (New) $ - $ 250,000 $ 250,000 $ 250,000 $ 250,000 Total Revenues $ 41,277,375 $ 41,527,375 $ 42,670,375 $ 42,951,375 $ 43,313,375 Transfers $ 19,887,000 $ 19,887,000 $ 19,887,000 $ 19,887,000 $ 19,887,000 Fire Assessment Increase $ - $ 1,045,800 $ 1,045,800 $ 1,045,800 $ 1,045,800 Utility Fund Increase $ - $ 500,000 $ 500,000 $ 500,000 $ 500,000 Traffic Safety Fund (New) $ - $ 200,000 $ 200,000 $ 200,000 $ 200,000 Total Revenues & Transfers $ 61,164,375 $ 63,160,175 $ 64,303,175 $ 64,584,175 $ 64,946,175 Total Expenditure Requests $ 65,875,732 $ 65,875,732 $ 65,875,732 $ 65,875,732 $ 65,875,732 Budget (Deficit) Surplus $ (4,711,357) $ (2,715,557) $ (1,572,557) $ (1,291,557) $ (929,557) GENERAL FUND t I e- l: , " ." ~ ~ ''I. . 'f. .~ ~'- I) ~1 . Proposed Ad Valorem Tax Rate = 7.4000 -- Yes, it is a 9.4 % rate increase - No, it is not a 9.40/0 tax increase .- Next 2 slides will show some will even receive a tax decrease . The actual tax increase = 2.80/0 per State TRIM calculations - Citywide property values fell 30/0 . A rate of 7.1941 = no tax increase - However, that leaves a $1.5M budget deficit GENERAL FUND Scenarios: 7.4 Mills with Implications on Various Commercial/Non-Homestead Properties Commercial Property or Non-Homestead Decline = Citywide 2010 2011 % Tax Calculation Tax Calculation Change Assessed Value $ 2,000,000 $ 1,900,000 -5.0% Homestead Exemption $ $ Taxable Value $ 2,000,000 $ 1,900,000 Tax Rate 6.7626 Property Tax s 13.525 S -5.0% 9.4% 4.0% 14.060 $ 1,127.10 $ 1,171.67 $ 44.57 =- Commercial Property or Non-Homestead Decline = Citywide l I 2010 2011 % Tax Calculation Tax Calculation Change Assessed Value $ 175,000 $ 165,000 -5.7% Homestead Exemption $ $ Taxable Value $ 175,000 $ 165,000 -5.7% Tax Rate 6.7626 9.4% Property Tax S 1.183 S 1.221 3.2% Monthly Property Tax $ 98.62 $ 101.75 $ 3.13 - Commercial Property or Non-Homestead Residential Property 2010 2011 % Tax Calculation Tax Calculation QJJDU $ 100,000 $ 95,000 -5.0% $ $ $ 100,000 $ 6.7626 676 ~ Commercial Property or Non-Homestead Residential Property 2010 2011 % ~ Calculation Tax Calculation ChanG $ 50,000 $ 48,000 -4.0% $ $ $ 50,000 $ 6.7626 mS Assessed Value Homestead Exemption Taxable Value Tax Rate Property Tax s Monthly Property Tax $ 56.36 $ Assessed Value Homestead Exemption Taxable Value Tax Rate Property Tax s Monthly Property Tax $ 28.18 $ 95,000 -5.0% 9.4% 4.0% .~;(};\ 703 58.58 $ 2.23 48,000 -4.0% 9.4% 5.0% );:'\': 355 29.60 $ 1.42 GENERAL FUND Scenarios: 7.4 Mills with Implications on Various Homestead Residential Properties Homest..d Residential Property. Asse.sed Value Dedlne = Citywide 2010 2011 % Tax Calculation Tax Calculation Chan,e Assessed Value $ 375,000 $ 345,000 -8.0% Homestead Exemption $ (50,000) $ (50,000) Taxable Value $ 325,000 $ 295,000 Tax Rate 6.7626 ,ii, ~.;i Property Tax ~ 2.198 ~ 2.183 -9.2% 9.4% -0.7% Monthly Property Tax $ 183.15 $ 181.92 $ (1.24) - Homestead Residential Property - Assessed Value Dedlne = Citywide 2010 2011 % Tax Calculation Tax Calculation Chan,e Assessed Value $ 175,000 $ 165,000 -5.7% Homestead Exemption $ ( 50,000) $ (50,000) Taxable Value $ 125,000 $ 115,000 -8.0% Tax Rate 6.7626 9.4% Property Tax ~ 845 ~ 851 0.7% Monthly Property Tax $ 70.44 $ 70.92 $ 0.47 = Homestead Residential Property - Asse..ed Vllue Dedlne = Citywide 2010 2011 % Tax Calculation Tax Calculation thinG Assessed Value $ 100,000 $ 95,000 -5.0% Homestead Exemption $ (50,000) $ (50,000) Taxable Value $ 50,000 $ 45,000 Tax Rate 6.7626"" Property Tax ~ 338 ~ 333 -10.0% 9.4% -1.5% Monthly Property Tax $ 28.18 $ 27.75 $ (0.43) = Homestead Residential Property. Assessed Value Dedlne = Citywide 2010 2011 % Tax Calculation Tax Calculation thinG Assessed Value $ 50,000 $ 48,000 -4.0% Homestead Exemption $ (25,000) $ (25,000) Taxable Value $ 25,000 $ 23,000 Tax Rate 6.7626 ,.i,;)>, Property Tax ~ -8.0% 9.4% 0.1% 169 ~ 170 Monthly Property Tax $ 14.09 $ 14.18 $ 0.09 = The City of Boynton Beach 'u {, i '., ,~ l.' r! ~"J OFfiCE OF THE CITY COMMISSION Mayor Jose Rodriguez Vice Mayor William "Bill" Orlove Commissioner Woodrow Hay Commissioner Steven Holzman Commissioner Marlene Ross 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Managers Office: (561) 742-6010 FAX: (561) 742-6011 www.boynton-beach.org .,.r i I' , '...... L jA.-' '" September 6, 2011 1-1) '.l 1,}J. .' Mr. Joseph Giulietti, Executive Director South Florida Regional Transportation Authority 800 NW 33rd Street, Suite 100 Pompano Beach, FL 33064 \ ',' Dear Mr, Giulietti, , am writing this Jetter in full support of the proposed Boynton Beach shuttle expansion of the Tri- Rail shuttle bus system as identified in the South Florida Regional Transportation Authority's Job Access Reverse Commute (JARC) application. If awarded, the Boynton Beach shuttle will provide a free connection for area residents who wish to access downtown Boynton Beach, Boynton Beach Mall, as well as other regional employment centers via Tri-Rail. The proposed Boynton Beach shuttle service will also feature expanded hours of service and peak period service to compliment Tri-Rail. The proposed Boynton Beach shuttle route will be a good fit for the JARC program because it connects transit dependent populations with employment destinations in the city as well as other regional destinations. We feel these improvements will be of great benefit to workers of Boynton Beach who may work during weekends or non-traditional hours. By utilizing the free shuttle service, the residents of Boynton Beach will be provided with more of an option to take public transportation instead of relying solely on their personal automobile. It is our hope that this JARC funded service will lay the groundwork for future shuttle/transit service connections in the years to come. Thank you for your consideration. AAfERICA '8 GATETf'A Y TO THE GULF8TREAM The City of Boynton Beach {if.: ......... to '.- OFFICE OF THE CITY COMMISSION Mayor Jose Rodriguez Vice Mayor William "Bi//" Orlove Commissioner Woodrow Hay Commissioner Steven Holzman Commissioner Marlene Ross 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rodda 33425-0310 City Managers Office: (561) 742-6010 FAX: (561) 742-6011 www.boynton-beach.org September 7, 2011 U.S Department of Transportation Federal Transit Administration East Building 1200 New Jersey Avenue, SE Washington, DC 20590 To Whom It May Concern: The City of Boynton Beach respectfully submits this letter of commitment for the Volen Center's New Freedom grant application to the South Florida Regional Transportation Authority for expansion of their Lift Program into Boynton Beach in January 2013. Upon approval of the U.S. Dept. of Transportation and the Palm Beach County Board of County Commissioners, four Palm Tran coaches that the City has requested as surplus would be available as an in-kind match for the 2013 Lift Transportation Program provided by the Volen Center in addition to $50,000 as cash match for operating expenses. The City has worked closely with the Volen Center for many years and has established a strong working relationship with the transportation division. The Volen Center has the means and ability to effectively address the needs of the elderly and disabled population in our area. Through this partnership, the citizens of Boynton Beach can continue to live an independent and connected life. AMERICA'S GATETFA r TO THE GULFSTREAl\I --" tt/~/I/ Ck( 1k'r "" ~"-/- ') ," ;-1- L,'-'I i ~) t..=' -h If t. / .:..-1 \--l ,.J L) i-, {I v, (f C We, the undersigned, request our City of Boynton Beach officials look to other items within the budget in lieu of the necessary transportation utilized by the seniors and disadvantaged citizens. Please utilize the expertise within the City to look for creative avenues to fund the transportation so vital to maintain the health and wellbeing of those who depend upon transportation for food and medicine. L tvvU-? . Print Name Telephone ~o S- - 5-;( LfJ3 3&V-/74? -' 7s-.;z- 732-0~73 73;;J-O;;J';?3 :3 - ,<;:)..1 h 3 3 ~ s:;~fL? 3 b 9 - -.!J-- 7 S q '-l 52- 5L{ ~ 6 f - Yl (j ~ C/_srf". if (; ,::; -3 ,6 / d. ,/3 /!.~ \. ~- /' -'--(0 I - 73 -S (..;- (, ~' " l'O c;-& , 7 ~ 3 - 1 5" to g ';SZI13 ~o37 5(,/ 737 ~ 2)D 3 1 'j, .., We, the undersigned, request our City of Boynton Beach officials look to other items within the budget in lieu of the necessary transportation utilized by the seniors and disadvantaged citizens. Please utilize the expertise within the City to look for creative avenues to fund the transportation so vital to maintain the health and wellbeing ofthose who depend upon transportation for food and medicine. Pril1t Name L. L~,);I/ n-' j /l Sign Name y~s Telephone --- 5&/ -;yo ~/;! j"b / 3 (; 7 1'-/eJ .%,/- '13S-- og 7)~__~'1 /J lJu -~~ /7 i 1- l-o f\ I ~6 Yilt! f-/~ -73.4-> ~ )~~ /3?~. 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't.d!f/.,; 53/ :;'/0;L ~~a (/ -1u L L;I /' ,.~ ~- tI , ^ ~ \. d,\. 1AoJ{S?'?; \ V\J Q (, ~ (l0'J"o.. _ -, 7 . 2% '3 I '0' {pI '1~ GM Y' ':> F3'J.~Jl-fr9 .J!CV1fe ~;rOZ 5}j;~1-Jr9"~O q~I;U/ I I ,,' 1. _ ,/ ' -" & <( - p8 J f a ;Tb-1/~ -.riP (, :.J ~~11I~L (;tJ f)N2 03~/ (1J~ /1; A J'~ I' 1'1 ~ :) 3 r; 'j I'rvi~ ~ {/tl/"""aA<- ' a j W 5(,1~ 7,,1- 1J-.<fQ , .:J~' ,{,{.C(J A...fh b~1.. L.( .~.d"..w {)-AA 'I <, '2- q I 2-- I~~' .-<: ' 1/ - I ~ '. .. ... ,~v- ~"",-~$ -1 ?> T ---:Jilt ~ vv\. ('a-dvf~ - ' :J1{~ )'Ij/: '7;1ILcvL't'- )lYf~. 13 4 :JI'1 7 u--:' ~ 'J 5';), , q '1 q / .._ a 1--j?- - 51 '6"7- . D,,- il- ~ S 7J'- " 7 90 DEVELOPMF T ORDER OF THE CITY COMMIS' )N OF THE DeiSIcpmoM CI 1"Y OF BOYNTON BEACH, FLORIDA P &Z Wen PROJECT NAME Quantum Park Lot 16 (Literacy Coalition of Palm Beach County 00614 WCWit APPLICANT. Literacy Coalition of Palm Beach County APPLICANT ADDRESS. 551 Southeast 8 Street, Suite 505, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6, 2011 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval to construct a one - story, 12,204 square foot office building on a 1 41 acre parcel located at Quantum Park Lot 16. LOCATION OF PROPERTY: Quantum Park Lot 16 DRAWING(S). SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows OR 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 scANKIPp 2 The Applicant ✓ HAS DEC 08 2011 HAS NOT ��lt L4erk'S Uflri6€ 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 Applicant'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 G . T 7 , DATED: Mr! . City Clerk . T S \Planning \SHARED \WP \PROJECTS \Quantum Lot 16 (Literacy Coalition of PBC) \D0 doc d G EXHIBIT "A" - SITE LOCATION MAP LITERACY COALITION OF PBC NWSP 11 -003) ' 4/Mk /".__,,,-)ci i I ,, ,-,,,- L,—PUD r , l - T jj ` i i'l ' -. l , ' �` r 1— ._, i eria 0 _ Q �r��,y SITE co Q ref. I / / , U - _Quantumluf! O z 1 C -3 1 i i 1 a ke s i a __ / 4. SMU �� ,QI )°, ,-- I r 1 \ \ , 390 195 0 390 780 1,170 ..560 mi. am Eimem ��' "��' Feet EXHIBIT "C" Conditions of Approval New Site Plan Project Name: Quantum Lot 16 (Literacy Coalition of Palm Beach County) File number: NWSP 11 -003 Reference: 2 review plans identified as NWSP 11 -003 with a June 21, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 1. On sheet C -2.0, refer to standard comment #24 & #25. Either show an existing fire hydrant on Quantum Boulevard and its location in relation X to the proposed building, or place a new fire hydrant at the northeast corner of the property. 2. On sheet C -2.0, reflect the location of Section F -F on the site plan. X 3. Utility construction details shown on sheets C -3.0, C -5.1, C -5.2 & C- 5.3 will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that X additional comments may not be generated by the commission and at permit review. 5. At time of permit review, submit signed and sealed working drawings X of the proposed construction. 6. A water -use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of X the permit shall be submitted at the time of permit application, F.S. 373.216. Quantum Lot 16 (Quantum Park Literacy Coalition of PBC) COA Page 2 of 4 DEPARTMENTS INCLUDE REJECT 7. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development X Order and the Commission- approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26 -34) 8. At time of permit review, submit separate surveys of each lot, parcel, X or tract. 9. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building X Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 10. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. X a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald — 561- 233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561- 734 -0872) 11. The training center room shall be separated by a minimum 1 hour fire rated wall if the building is sprinkled and a 2 hour wall if the building X is not sprinkled. PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: None. Quantum Lot 16 (Quantum Park Literacy Coalition of PBC) COA Page 3 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 12. The Palm Beach County Traffic Division is requiring that building permits shall be secured by the applicant prior to "Year Ending 2013." , X , 13. The applicant is responsible for compliance with Ordinance 05 -060, the "Art in Public Places" program prior to the issuance of a certificate X of occupancy. 14. The site plan (sheet A2.0) tabular data indicates that 58 off - street parking spaces are provided. However, only 57 were provided. At the X time of permitting, the tabular data must be corrected to reflect to the accurate number of provided parking spaces. 15. Pursuant to Part III (LDR), Chapter 4, Article IV, Section 4.A.9, all properties shall be identified with the respective property address. The numbers and / or letters shall consist of characters that are six (6) X inches in height. Revise sheet A5.0 accordingly at the time of permitting. The site address shall be required to be identified on both the building and the monument sign. 16. Any proposed monument sign must be designed in accordance with the adopted sign program for Quantum Park. Prior to the issuance of a sign permit, the monument sign would have to be modified to comply X with the Program or the Program would have to be amended through the submittal and approval of a formal Sign Program application 17. On the landscape plan (sheet L -2), discrepancies exist between the labels and the plant list. For example, the plant list indicates 292 X Dwarf firebrush whereas the labels add up to 342. At the time of permitting, please revise accordingly. 18. At the time of permitting, revise all plans so that the foundation landscaping (proposed east of the building) is at least five (5) feet in width and contains trees that are at least one -half (1/2) the height of X the building, in accordance with Part III (LDR), Chapter 4, Article II, Section 6.B. 19. At the time of permitting, on the landscape plan (sheet L -2), revise the note, "All trees, shrubs, & plants on this site shall conform to the requirements of "Low watering needs" materials as specified in the X South Florida Water Management District's "Waterwise" publication. Revise it to indicate "low and medium waterin_ needs." PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None Quantum Lot 16 (Quantum Park Literacy Coalition of PBC) COA Page 4 of 4 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\ Planning \SHARED \WP\PROJECTS \Quantum Lot 16 (Literacy Coalition of PBC) \COA.doc