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Minutes 09-18-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 18, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager Mack McCray, Vice Mayor James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner 1. OPENINGS A. CaII to order - Mayor Woodrow L. Hay B. Invocation C Pledge of Allegiance to the Flag led by Commissioner Ross Mayor Hay called the meeting to order at 6:33 p.m. and welcomed those present. He gave the invocation and Commissioner Ross led the Pledge of Allegiance to the Flag. D Brand Promise Statement Mayor Hay read the statement, "It is time to take a look at Boynton Beach, conveniently nestled in the coastal heart of Palm Beach County." He encouraged everyone to become part of the effort to re -brand the City of Boynton Beach. E Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested to add an item under Legal, 13.B, request to approve settlement with Villa Lago to collect utility arrearage. Mayor Hay added the announcement of the Sustainability 2012 Award as Item 2.D. He also added the approval of the MOU (Memorandum of Understanding) for the firefighters' union contract to be heard first in the 2. Other section. Commissioner Ross pulled Item 6.H for discussion. 2 Adoption 1 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 2. OTHER Approval of a Memorandum of Understanding for the Firefighters' Union contract. (This item was added to the agenda.) Attorney Cherof advised the City was entering into its third and final year with the Firefighters' union, IAFF. The contract contained a re- opener opportunity to discuss issues regarding wages. There had been collective bargaining with the union and a Memorandum of Understanding reached that in essence froze the levels of pay at the current rates instead of the anticipated increase on October 1, 2012 and agreement to defer the increase planned for April, 2013 to September 1, 2013. There was also an agreement for modification of the City's medical insurance plan and an increase for dependent coverage of 14.9% added. It was recommended the Commission approve the draft MOU dated September 18, 2012. Motion Vice Mayor McCray so moved. Commissioner Ross seconded the motion. Commissioner Holzman inquired what the raise would be in September, 2013. Ms. LaVerriere responded the value of the 30 -day increase would be $79,000. Vote The motion passed unanimously. A. Conduct this second Public Hearing for the Fiscal Year 2012 -2013 Budget in order to: Attorney Cherof announced this would be the second and final budget hearing. A millage rate would be adopted and a budget for the coming year. The public had the right to participate in the process by speaking to any issue regarding the rate or budget and had the right to ask questions. 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Barry Atwood, Finance Director, gave an overview of the proposed budget and the ad valorem tax rate. The total budget is $167.3 million with the General Fund being $68.3 million share of the total budget with a proposed tax rate of 7.8 mills. The General Fund is 41% of the total budget. The appropriations for the all funds would be made at the meeting. The funding sources include water, sewer and stormwater fees and property taxes at $23.5 million. The General Fund budget is a 5.6% increase over the current year budget of which personnel services is 82% of the $68.3 million. Police and Fire aggregate 70% at $47.7 million and the other areas follow. The property taxes are net of the tax increment financing that goes to the Community Redevelopment Agency. The TRIM (Truth in Millage) Law reflects the mills at 7.8 which is a 6.8% tax increase. The Interim City Manager proposed 7.6 mills being a 4% increase and the roll back rate is 7.3016 that would be a zero tax increase due to dropping property values. The taxes for the City of Boynton Beach are slightly less than one - third, 31.7 %, of the total tax bill. The number of residents paying less than $200 in taxes to the City of Boynton Beach increased from 27.9% to 29.2 %. Even though the tax rate went up this current year, the number of taxpayers paying the lesser amount of taxes increased. As far as the impact of the 7.6 mills and 7.8 mills tax rate, the commercial and non - homesteaded property would have an annual tax increase of $12.70 at 7.6 mills and at 7.8 mills it would be $22.50. For homesteaded properties the annual increase would be $2.55 at 7.6 mills and $7.35 annual increase for 7.8 mills Vice Mayor McCray explained if the two Community Service Officers were utilized, sworn police officers would be back on the street. Mr. Atwood concurred. Ms. LaVerriere added there remained two items for discussion relating to the cost of keeping the Library open half a day at $75,000. The continued discussion on the closure of Fire Station #1 remained unresolved. There was also the wish list with the budget alternatives. Commissioner Holzman commented if money was available it should be used to fund the Library for a half day on Friday. He felt it was an important service provided to the citizens. There are more people without jobs in the community that use the Library for resources and it was a good place for the kids to go. A Library serves many functions and $75,000 is a small price to pay to keep it open for at least a half a day. Commissioner Ross agreed if the money could be found. It would depend on the millage rate agreed upon. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Mayor Hay thought it should remain as it is. People were now acclimated to the Library being closed on Friday. The $75,000 could be used elsewhere. He was not in favor of the additional hours. Vice Mayor McCray agreed with Mayor Hay. His reasoning was the County libraries were available and the citizens were paying for that as well. Commissioner Ross suggested the issue remain on the table until the final determination of the millage rate. Mayor Hay agreed. Mayor Hay's position on Fire Station #1 was that it remain open for many reasons, mainly to assist with the development of the downtown area. It was also important to keep the ladder truck in the area where the high density buildings would be. Discussing the possibility of another location could be a topic at the upcoming workshop. Commissioner Ross expressed appreciation for the memo submitted by Nancy Byrne, Director of the Development Department The information was compelling. The transit oriented districts was something that would be critical in the transit issue. She was inclined to agree to keep Fire Station #1 open. Vice Mayor McCray also remarked the memo from Ms. Byrne was very enlightening. It addresses the need for Fire Station #1 to remain open. He supported the continuation of Fire Station #1 in the downtown area. Consensus Mayor Taylor Hay declared there was consensus to keep Fire Station #1 open. Commissioner Ross wanted to be sure the topic of Fire Station #1, economic development and the moving parts of the downtown area would be part of the October workshop. Ms. LaVerriere agreed those subjects would be included. The next few years were the target timeframe and a long term look at the entire campus and the redevelopment efforts. 1. Approve the addition of two (2) Community Service Officers to be budgeted in the Traffic Safety Fund - Grade 10. Motion Vice Mayor McCray moved to approve item A.1 for the addition of two Community Service Officers (CSO) to be budgeted in the Traffic Safety Fund — Grade 10. Commissioner Ross seconded the motion. 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 2. Provide conceptual approval for the addition of five (5) intersections designated by American Traffic Solutions (ATS) and the Police Department Amendment to contract will be brought forward to the Commission at a later date. Motion Commissioner Ross moved to approve item A.2 to provide the conceptual approval for the addition of five intersections designated by American Traffic Solutions and the Police Department Amendment to the contract would be brought forward to the Commission at a later date. Vice Mayor McCray seconded the motion for discussion Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 3. PROPOSED RESOLUTION NO. R12 -095 - Adopt the Final millage rate for the General Fund for Fiscal Year 2012 -2013 Attorney Cherof advised the first part of the discussion should be establishing the millage rate to compute the roll back rate. Both staff and the public were entitled to have input relating to the issue. Tony Davidson, Budget Manager, noted the franchise fees decreased by $70,000, State sales tax estimate increased by $100,000, and services for Hypoluxo increased by $30,000 had been added to the calculations. It put the budget in a positive balance of $378,200 with the millage rate at 7.8 Commissioner Holzman noted the new MOU with the Fire Department had not been factored into the calculation. Ms. LaVerriere interjected the $378,000 surplus would increase by $438,000 and then be reduced by $79,000 for the one month of wage increase value. Commissioner Holzman questioned where the funds were allocated for the two new Community Service Officers. Ms. LaVerriere explained the conceptual approval was for a $200,000 transfer from the Traffic Safety Fund into the General Fund. If the additional cameras were not agreed upon the $200,000 transfer would have to be taken out of the budget The CSOs would be funded out of the Traffic Safety Fund and would not impact the General Fund. The positions had to be approved by the Commission because it increased the employee headcount by two 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Commissioner Holzman asked Mr. Atwood to outline the City's pension obligations each year and within the current budget. Ms. LaVerriere recalled this year's annual contribution for all three pension plans was approximately $14.508 million. Mr. Atwood added the total General Fund budgeted expenditures is $68 million. The unfunded pension obligation for the year is $109.9 million and the previous year was $93 million. The budgeted figure is $11.2 million for all three pension plans. Commissioner Holzman noted the unfunded mandated went up $16 million and the City paid only $11 million. Ms. LaVerriere outlined the Commission had agreed to add $150,000 for improving the contractual services for landscaping for Federal Highway and Boynton Beach corridors. The Library budget was given an additional $41,000 for more books. There was $85,000 for the 4 of July funding rather than the CRA budget. The Police Management study was added at an expense of $60,000 should the Commission move forward with the study. The Library telephone line item was reduced by $1,700 and reduced the City Attorney books and publication line item by $1,000 and reduced the recommendation for Sister Cities to $1,500. The Fire wages were addressed through the MOU and two other items that may require discussion are $15,000 for special event funding and $10,000 for the Mae Volen Shopper Hopper service. Ms. LaVerriere further explained the Shopper Hopper program through the Mae Volen system has seen a reduction in ridership, but as a rule the residents seem happy with the service. There was a demand to add another trip to the Senior Center and Mae Volen accommodated that need, but it did increase their cost and they had asked for an additional $10,000. Commissioner Ross thought the expense for the 4 of July celebration of $85,000 should be weighted against the need to have the Library open an additional half day for $75,000. Commissioner Holzman summarized at the 7.8 millage rate there is a $700,000 surplus and at the 7.6 mills there is $116,000 surplus. He thought there were many things that could be done to continue to cut; however, he had been outvoted on almost every item that was added. This was the fifth time the budget had been discussed. Motion Commissioner Holzman moved to set the millage rate at 7.6 mills. Commissioner Ross seconded the motion. Ms. LaVerriere confirmed at the 7.6 mills there would be a surplus of $116,000 Vice Mayor McCray wanted the consequences of a deadlock vote to be explained. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Attorney Cherof responded the Commission and staff would not leave the meeting until a majority vote on the millage rate was obtained. If the rate is not set there would be no source of ad valorem revenue for the coming year. Additionally State matching funds would be lost and other consequences so it was not really an option. Ms. LaVerriere estimated the loss would be $7 million. Mayor Hay would support the 7.6 millage rate without the funding for the Library to remain open on Friday. Vice Mayor McCray asked about the reserve the City had available with this budget. Ms. LaVerriere replied the sacred reserve, adopted by resolution by the Commission, requires 10% of the General Fund operating budget would be $6.8 million that is untouchable Maybe $1.5 million to $2 million above that would be the result of 7.6 mills. It would be $310,000 for every tenth of a mill. Mayor Hay wanted to set the rate at 7.8 mills, but realized with the 7.6 mills money would still be added to the reserve. Attorney Cherof announced at the 7 6 millage rate it would be 4 1% above the roll back rate. Linda Cross, 625 Casa Loma Boulevard, Marina Village, agreed with Commissioner Holzman about the unfunded pension liability. It has now gone up another $16 million and yet only the minimum funding was being paid. The City would eventually have to pay the $109 million and she implored the City to begin funding greater than the minimum level. No one else coming forward, Mayor Hay closed public comments. Vice Mayor McCray inquired if monies were available to pay the pension liability at the 7.6 millage rate. Mr. Atwood responded the budget included the annual required contribution. Commissioner Holzman reiterated the only solution would be pension reform and stop the current pension system and move into a more 401K format. The current liability keeps growing and it was mind boggling and headed toward disaster. Commissioner Ross thanked Commission Holzman for bringing the pension dilemma to everyone's attention. She had discussed the issue with the Interim City Manager and something had to give. It could not continue in its present state. Vote The motion passed 3 -1 (Vice Mayor McCray dissenting). Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Attorney Cherof read Proposed Resolution No. R12 -095 by title only. Motion Commissioner Holzman moved to adopt Resolution No. R12 -095. Commissioner Ross seconded the motion. Vote The motion passed 3 -1 (Vice Mayor McCray dissenting). 4. PROPOSED RESOLUTION NO. R12 -096 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2012 -2013. Motion Commissioner Ross moved to approve Proposed Resolution R12 -096. Commissioner Holzman seconded the motion. Attorney Cherof noted the public had the right to comment on this item and staff needed to supply the actual budget figure for the General Fund. Mr. Atwood reported the budget figure was $68,821,524. Mayor Hay opened the issue for public input and no one came forward Vote The motion passed 3 -1 (Vice Mayor McCray dissenting). B. PROPOSED RESOLUTION NO. R12 -097 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2012 -2013. Attorney Cherof explained the CRA had adopted their budget and the State statute requires the City to incorporate the CRA budget in the City budget and ratify the action taken by the CRA Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public comment and no one came forward. Vote The motion passed unanimously. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 C Informational Items by Members of the City Commission Commissioner Holzman brought to everyone's attention a continuing course of conduct that was occurring. He expounded the Christ Fellowship Church had come before the Commission requesting the moratorium be lifted so they could purchase the building at the mall. The deal has yet to be consummated. The Commission needs to more closely look at developers who come before the Commission and insist they need something done or need a waiver because time was of the essence. It was threatened that if the requested changes were not made, the sale would not occur and the church would go elsewhere. Commissioner Holzman repeated seven months had elapsed and the sale had not been completed. Commissioner Holzman stressed the onus was on the Commission to make decisions based on studies of our zoning to put certain zoning in certain places for the good of the entire community The Commission had to stand by their decisions and not roll over every time a developer approaches and requests specific modification for one project. Vice Mayor McCray announced on Sunday at 10 a.m. the St. John Missionary Baptist Church would be celebrating its 104 church anniversary. The speaker would be Reverend Lance Chaney. On another note relating to prayer at Commission meetings, Vice Mayor McCray was glad he lived in the United States of America where he does have freedom of speech. Commissioner Ross remarked September 30 at St. Joseph Episcopal Church the Blessing of the Animals would be done from 2 p.m. to 6 p.m. The City's police dog KAOS would be honored at the event at 4 p.m., for five years of service with the Boynton Beach Police Department as he retires. Mayor Hay emphasized the day prayer stops everyone should go home. He strongly believed in prayer and respected everyone's faith and religion. D. Announcement of the sustainability award (This item was added to the agenda.) Mayor Hay recognized those who had been a part of the sustainability team and their efforts. There were 26 cities competing for the award with three finalists including Tallahassee, Orlando and Boynton Beach. The award helped to put the City on the map. Nancy Byrne, Development Director, presented the Commission and citizens with the award from the Sustainable Florida Foundation. It is a program at the Collins Center in Florida that is a unique alliance of business, government, higher education and citizen leaders who are committed to conserving Florida's environmental and economic 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 resources. The government that shows the best practice in partnering for creating environmental sustainability and economic sustainability in the State wins the award. The leaders from Sustainable Florida representing major Florida firms judged the applicants and ultimately presented the award to the City of Boynton Beach and the CRA for the partnership with Seabourn Cove in offering the developer tax increment financing to help with funding for the National Green Building Award Gold level certification for his multi - family development in the City. Rick Lococo with Seabourn Cove remarked it was an honor to be part of the award for the entire State of Florida. It adds to making Boynton Beach a bigger and better place to live. The Seabourn Cove project would be the largest gold rated project in the United States. It would not have been possible without the endorsement of the City of Boynton Beach. He thanked everyone for making the award possible. Ms. LaVerriere offered thanks to Mayor Hay and Commissioner Ross for attending the ceremony. The statement was made that Boynton Beach was the only City in the United States that has adopted a Green Building Code. It started with the Climate Action Plan being adopted in 2009. Commissioner Ross knew the program would continue and thanked the staff for being so dedicated to the project. She shared sustainability was a cornerstone of her first political platform and the staff embraced the idea 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 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) Sunny Garcia, 1631 NW 3rd Lane, pointed out the citizens of District 1 had been requesting representation on the Commission for the past three month. Candidates had applied and Mr. Garcia felt Jerry Taylor would make a good Commissioner and did not understand the hesitation to make the appointment. The present Commission did not represent their own Districts very well and no one was taking care of District 1. He urged the Commission to select a Commissioner for District 1 at the meeting. He again suggested Jerry Taylor was the most qualified candidate for the seat. Shawn Michael Casper, 8686 Spring Valley Drive, introduced himself as running for State Representative in District 90 which includes the western portion of the City He is 24 years old and born in the City of Boynton Beach. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Marty Millar, former Mayor and Commissioner in South Palm Beach, supported Jerry Taylor to represent District 1. He suggested the City look into the State pension system for police and fire He did not believe Fire Station #1 should be closed because fire and police protection was vital. Closing the Library for one day was not so important in his opinion. Mr. Millar vehemently supported Commissioner Ross and contended she was doing a beautiful job and urged the other Commissioners to act with respect for a lady. He remarked he currently worked for the press. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, and owner of property in the CRA District, as well as an active member of the Greater Boynton Beach Chamber of Commerce, commented Jerry Taylor had given many hours to the community and country. He was very qualified to fill the vacancy. She noted the Commission could not appoint a City Manager and a portion of the City was left unrepresented Steve Beeson, owner of Little Caesar's Pizza, 119 N. Congress Avenue, shared his opinion on the red light cameras. He questioned if the statics were available for review relating to the reduction in accidents at certain intersections. He questioned if businesses were concerned that the lights were training drivers to stay away from certain intersections. He also wondered if the volume of traffic was a factor in the statistics Mayor Hay advised the City Manager would be contacting Mr. Beeson and Major Briganti got his contact information. No one else coming forward, Mayor Hay closed public audience 5. ADMINISTRATIVE None 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 Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the eleven (11) month period ended August 31, 2012. B. Approve the purchase of 24 ballistic helmets (helmets worn by the SWAT Team) from SRT Supply in St. Petersburg, FL, in the amount of $10,547.80 and to use the State Law Enforcement Trust Fund to make payment. C. Approve the purchase of 24 Mayflower heavy vests (bullet proof vests worn by the SWAT Team) from Velocity Systems, LLC of Dulles, VA in the amount of 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 $44,280.00 as a sole source purchase and to make payment from the State Law Enforcement Trust Fund . D. PROPOSED RESOLUTION NO. R12 -098 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Chuck Wong and Sou Mui Wong for the property at 1163 Highland Rd, Lantana, FL. E. PROPOSED RESOLUTION NO. R12 -099 - Approve the temporary road closing of Federal Highway on December 1, 2012 for the Holiday Parade and authorize the City Manager (or designee) to apply for the state permit for the temporary road closure. F. PROPOSED RESOLUTION NO. R12 -100 - Accept the report from the Affordable Housing Advisory Committee amending the City's Local Housing Assistance Plan G. Accept the written report to the Commission for purchases over $10,000 for the month of August 2012. H. PROPOSED RESOLUTION NO. R12 -101 - Ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on August 16, 2012 and approve the Multi- jurisdictional Pretreatment Agreement between South Central Regional Wastewater Treatment and Disposal Board, the City of Delray Beach and the City of Boynton Beach. Commissioner Ross had pulled the item for an update on the status of the Board. Ms. LaVerriere had received an email from the Board's attorney advising it was decided there would be a reduction in the quorum requirement for the quarterly meetings. The matter would be addressed at the October quarterly meeting and then it would go to each City for approval. The Board had decided to not involve staff due to the decision making restrictions. The elected officials of both cities would still constitute the Board. The attendance requirement would be at least two officials from each City be present for a quorum. Mayor Hay stressed all elected official are encouraged to participate. Commissioner Ross advised she attended most all meetings and rarely missed. Unfortunately quorums were not obtained on many occasions and it became a problem. The discussion of the issue had commenced many months ago. Motion Commissioner Ross moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 I Approve the minutes from the regular City Commission meeting held on September 4, 2012 7. BIDS AND PURCHASES OVER $100,000 A. Approve Proposal by BRIT Insurance Group for Automobile Liability and Property Insurance Program for FY 2012/2013 with Annual Premium of $170,500. Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote 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. A. PROPOSED ORDINANCE NO. 12 -015 - FIRST READING - Approve the historic designation application for the Audrey D. Gerger House located at 331 NW 1st Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 12 -015 by title only on first reading. Motion Vice Mayor McCray so moved. Commissioner Holzman seconded the motion. Commissioner Holzman emphasized this was the first home to be considered under the Historic Preservation ordinance. Warren Adams, Historic Preservation Planner, confirmed it would be the first home on the local register. It was an owner initiated designation. The property is located on NW 1 Avenue and owned by Audrey D. Gerger. It is a two -story mission style house 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 constructed around 1926. The house is unique because it is actually a duplex and the only example of a mission -style duplex in the City. Since the owner purchased the house she has repaired the property and replaced missing elements, but the alterations were minimal There is a one -story garage to the rear that is also of the mission style. Most of its interior features have been retained. There are wooden floors, an original dog -leg staircase, fireplace and the west unit mirrors the unit on the east. Normally properties are designated based only on the exterior, but with the original interior the property becomes particularly significant. The criteria is it retains the distinctive characteristics of a type, period or method of construction. The application was reviewed by the Board on September 10 They recommended approval. Commissioner Holzman thanked the owner, who was present, for availing herself of the historic preservation ordinance. Audrey Dance Gerger, 331 NW 1 Avenue, was excited about the designation. It was unique because it was a double townhouse duplex. She had bought it in deplorable condition and hoped other investors would follow her lead with other homes. It has two fireplaces, wood floors, front room, living and dining room with arches. She put French doors on both sides leading into the living room and redid the floors They have original kitchens. Commissioner Ross congratulated the owner on the designation Vote City Clerk Prainito called the roll. The vote was 4 -0. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS A. Hear update on Old High School Redevelopment Project - Mr. Juan Contin Juan Contin, submitted a letter from the Greater Boynton Beach Chamber of Commerce and a synopsis on Peter Robinson who was backing the project. Mr. Contin had updated the web site to make it more informative on the project's status. The first vendor, Peter Robinson, sets up Farmer Markets. Peter Robinson, 506 N. Palm Way, Lake Worth, introduced himself and reviewed his past accomplishments with Green Markets and Farmer Markets. He worked with the City of West Palm Beach for 10 years, Lake Worth Farmers Market for seven years and did the Wellington Green Market. He designed and created the West Gate Green Market Express for the CRA in a high crime, low- income area. He found grant funds to 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 build an electric golf cart that would carry fresh grown vegetables and a dietician. A community garden was being pursued and the vegetables were sold at cost. He wanted to be part of the project professionally developed by Mr. Contin and the design was creative and unique. The concept is well defined and the site would become a destination because of ease of access and location for both patrons and vendors. William Hatcher, 1020 S. Federal Highway, Delray Beach, had been working to bring the construction project within budget and keep the integrity of the project. The cost is now at $4.3 million for total construction cost and renovation. Mr. Contin noted it did not include other ancillary costs such as legal and development costs. Mr. Contin reported they had engaged a serious, commercial real estate company dealing with national chains to market and do a study. They will look at the people that will come in, market study, selection, market strength in sales, diversity and the attraction factor. The biggest issue would be that it would anchor Ocean Avenue. The traffic is not huge except for cars going to the hospital and trips to City Hall. The shops will have to generate business and traffic onto Ocean Avenue. At least two anchor national restaurants will be needed that are favored for their traffic value and financial feasibility. The open -tier space plan will be adapted for tenant use allowing the outside to remain the same. The market study would include the redevelopment of Ocean Avenue from the waterfront to Seacrest Boulevard. Mr. Contin had been talking with the CRA Executive Director to get the project off the ground with a grand scheme to build the area into more of a commercial center. Mr. Contin had met with the surrounding property and business owners. They had direct investment into the area and they have a focus group that was offering ideas. They are excited about the project. Mayor Hay recalled there had been discussion about traffic flow and he had advised Mr. Contin the traffic flow was not there Now Mr. Contin was expecting the traffic flow to be there and other vendors would generate the flow. Mr. Contin proposed the Farmer's Market would generate traffic on the weekends that the downtown core could use. It was hoped the existing Farmer's Market would move to the Old High School site. Mayor Hay asked Mr. Contin, as the developer, if he had ever gone through the process of getting funding for such an endeavor. Mr. Contin answered he had not. There was only a month left on the extension given to Mr. Contin to bring more definitive plans and financing possibilities. Mr. Contin advised he had spoken with banks, but had no definite answers. He was working with several developers who were helping him with the project. He suggested he would make another update in two weeks. 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Commissioner Ross questioned if more support would be forthcoming from the Greater Boynton Beach Chamber of Commerce. Mr. Contin responded he would have to present to the full Chamber. He had given them the financial statements to be ratified by the Board. Commissioner Ross inquired if Mr. Contin had had contact with Kelly Smallridge of the Business Development Board. A meeting had not been organized as yet Vice Mayor McCray concluded that the only positive thing that had been accomplished was that Mr. Contin got recognized by the State of Florida. Vice Mayor McCray wanted to see positive progress and the information available to all the Commission as soon as it is available. If he did not see more positive progress he would have to step away from the project. B. PROPOSED RESOLUTION NO. R12 -102 - Approve the ranking of proposers identified by the Evaluation Committee from the responses received to the Request for Proposals RFP #067 - 2110- 12/TWH "A POLICE DEPARTMENT MANAGEMENT STUDY "; and approve agreement with Berkshire Advisors of Bay Village, OH, for an amount not to exceed $59,000 (Including all fees and expenses). Tim Howard, Deputy Director of Finance, reported the results of the Request for Proposals had been made available and had been evaluated by staff. The firm ranked number one was ranked first by all reviewers and would be recommended. Oral presentations could be arranged if necessary. Mayor Hay had not fully reviewed all the proposals Commissioner Holzman thought the matter should be tabled until a full review could be done by all the Commission. Motion Commissioner Ross moved to table. Vice Mayor McCray seconded the motion. Ms LaVerriere explained, for the benefit of the public, the proposals were available on the web site as a special link. Vote The motion passed unanimously to table to the next meeting. 12. NEW BUSINESS A. Approve request from J & J Amusements for the Boynton Beach Mall Fall Carnival. Applicant: Joe Sheldon. Ms. Byrne advised this was not an annual event. The request covered just the one event. They are using different vendors, but the same area, same time lines and same 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 restrictions on camping over night at the mall The mall owners agreed with the event because they do get additional foot traffic. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vice Mayor McCray wanted confirmation insurance coverage would be required and Ms. Byrne indicated they would have full insurance. Vote The motion passed unanimously. 13. LEGAL A PROPOSED ORDINANCE NO. 12 -016 - FIRST READING - Approve amendments to the LDR intended to, in part, provide incentives to the development of non - conforming industrial lots; promote more urban development through clarification of build -to -line regulations; update historic preservation processes; and enhance project and streetscape appearance through various changes in community design regulations. Applicant: City - initiated Attorney Cherof read Proposed Ordinance No. 12 -016 by title only on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The City Clerk called the roll. The vote was 4 -0. C. Request to approve settlement with Villa Lago to collect utility arrearage. Attorney Cherof explained it was a lawsuit pending with the City as the plaintiff attempting to collect utility fees that were unpaid over a period of time. The defendant is Villa Lago Condominium Association. A settlement had been offered and the City would receive $401,962.32 for utility fees. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 Vote The motion passed unanimously. Vice Mayor McCray brought up the application the Commission had received for the District 1 Commissioner vacancy. He thought the issue of whether resumes were being accepted should be addressed. Attorney Cherof indicated the applicant should be advised the City is not accepting applications. The two Commission meetings that the Charter provided for the appointment to fill the vacancy had not resulted in an appointment. A memo would be sent. 14. FUTURE AGENDA ITEMS A. Review of staff recommendations for changes, deletions and additions to Building division fees to reflect current services and updated costs. - October 2, 2012 Commission Meeting B. Review of staff recommendations for changes, deletions and additions to Planning & Zoning Department fees to reflect current services and updated costs - October 16, 2012, Commission Meeting C. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 8:16 p.m (Continued on the next page.) 18 Meeting Minutes Regular City Commission Boynton Beach, FL September 18, 2012 CITY OF BOYNTON BEACH / -� /. W Wog • .„ ,rayon /AD f : Vice Mayoir 4 J v St - H' %o ission -r A0 ",--9---_ ATTEST: Marlene Ross, Commissioner /Y1 PA.0-(J:c,t)^ Jan t M. Prainito, MMC • Clerk //' _ t!%C. 7 J •ith A. Pyle, CMS/ ► e puty City Clerk' 19