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Minutes 09-03-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 3, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. CaII to order - Mayor Jerry Taylor B. Invocation by Commissioner Merker C. Pledge of Allegiance to the Flag led by Vice Mayor Hay Mayor Taylor called the meeting to order at 6:32 p.m. An invocation was given by Commissioner Merker relating to the celebration of Rosh Hashanah. Vice Mayor Hay led the Pledge of Allegiance to the Flag. (Commissioner Fitzpatrick arrived at 6:34 p.m,). D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Taylor advised there would be an additional presentation by Matthew Damsky, Legislative Aide for Senator Maria Sachs and Attorney Cherof would give a presentation and comments before the budget and millage rate items were discussed. Commissioner Merker wanted to discuss the renaming and other important factors about the beach. Mayor Taylor added the discussion under Unfinished Business. Commissioner Casello pulled Item 6.D for discussion. 2. Adoption 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion SEPTEMBER 3, 2013 Vice Mayor Hay moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER Attorney Cherof announced this was the first of two public hearings to set the millage rate and adopt the budget for the forthcoming year. A statutory script would be followed according to Florida Statutes. The public is allowed and encouraged to participate in the process and the Mayor would announce the appropriate time for the public to speak. Comments and questions to staff may be offered. A. Conduct First Budget Public Hearing for FY 2013/2014 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R13 -088 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2013 -2014. PROPOSED RESOLUTION NO. R13 -089 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2013 -2014. Tim Howard, Director of Finance, reviewed a short presentation. For the 2013/14 fiscal year, the budget is $184 million covering all funds. The General Fund portion is $72 million or 39% of the total. On July 24 a proposed millage rate was approved by the Commission at 7.9 mills. It was reported to the Department of Revenue as per statute and to the County. At this time a proposed millage rate and tentative budget should be adopted for the next fiscal year. On September 12 there would be a Special Commission Meeting at 6 p.m. to adopt the final Fire Assessment. The final millage rate and budget for the next fiscal year would be adopted on September 17 after the second public hearing. The expenditures were broken down per fund with the General Fund comprising $71.2 million, Utility expenditures at $39.1 million, Capital (General & Utility) is anticipated at $36.4 million, Solid Waste $11.4 million, Debt Service at $8.6 million and the small funds the remainder. The funding sources included the Water and Sewer Utility Fees at $39.1 million, net property taxes at $24.9 million, Capital & Bond sources $36.4 million, Fund Transfers of 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 $16.9 million, Solid Waste Fees $11.5 million, Internal Services $10.7 million and other lesser sources totaling $184 million. The General Fund budget of $71.2 million is broken down with Personnel Services of $55.9 million, Operating Expenses of $12.5 million, Capital Outlay of $0.4 million and non - operating at $2.4 million. The largest portion, personnel services, is approximately 79% of the total budget and includes health insurance, pension and all other associated costs of personnel. The distribution of expenses reflects $44.5 million for public safety, Police and Fire. General Government encompassed the City Manager, Commission and City Clerk is $8.62 million. The other departments are Finance, ITS & GIS, Human Resources, Development, Public Works, Library and Recreation. Vice Mayor Hay inquired about the comparison with other municipalities as far as personnel services being 79% of the total General Fund budget. Mr. Howard replied the expenditure was comparable. Personnel expenses generally cover 75% to 82% of the General Fund. The City provides a service oriented business with personnel as the largest portion of the budget. The City provides full services, Police, Fire, Recreation, Library, Utilities and Solid Waste. Vice Mayor Hay recalled the City of Boynton Beach was among three cities in Palm Beach County that are full service, being West Palm Beach, Boca Raton and Boynton Beach. The funding sources include property taxes representing 36% of the revenues, fund transfers totaling $16.9 million, intergovernmental funding from other taxing entities of $7.6 million, licenses and permits of $3.2 million, franchise taxes of $4.4 million, charges for services $5 million, fire assessment generates 7% or $4.9 million and fine, interest and rents for $1.7 million. There is a fund balance appropriation of $2.6 million or 4 %. The difference between the newly adopted budget and the current year budget is an increase of $2.4 million or 3.6% over last year's adopted budget. The major increases are the addition of four records technicians to open the police lobby four days a week, grounds maintenance, insurance charges, vehicle maintenance because of the extension of vehicle life cycles, employee health insurance increases of 10.86 %, funding for potential wage increases and monies to cover a MOU entered into with the Fire Department last year. There were several items added by the Commission during the budget hearings that totaled $60,000. There was an increase in the ITS budget of $10,000 for the recording of the City Commission meetings, and an increase in the City Commission budget to cover an increase in the Florida Retirement System payments for elected officials that became effective July 1 There were adjustments to the Capital Improvement Program to fund a wind turbine for the Galaxy Elementary School and increased the City Hall operating budget by $20,000 to accommodate the Special Event Economic 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 Development Incentive Program. The traffic safety fund was adjusted to reflect the cost of the new hearing proceedings and associated costs. The property taxes in 2006 brought in $32.3 million and the proposed budget for 2013/14 indicates $25.3 million. The fund balance closed the gap during slower economic times and it is now tapering off from $27 million down to $16 million. A comparison of the current adopted tax rate of 7.6 mills, state roll back tax rate of 7.4882, City Manager recommendation of 7.8 mills and the Commission's tentative rate of 7.9 mills was shown. The City Manager's recommended rate of 7.8 mills reflects a balanced budget, but it uses $2.7 million of fund balance to balance. It includes the items that were discussed at the budget workshop. The City Commission approved 7.9 mills leaving a surplus of $320,282 that would decrease the appropriation of fund balance from $2.7 million less the $320,282 surplus. The proposed ad valorem tax rate of 7.9 mills would be a 3.95% rate increase from the current rate of 7.6. It is a 5.5% increase over the roll back according to the TRIM calculations. The roll back rate is the millage rate that would be set to bring in the exact same amount of property tax dollars as the current year. As property values go up, the roll back rates would go down. The percent of City taxpayers paying $200 or less in ad valorem property taxes has remained at 29% of the property owners, even though the tax rate has increased. Examples were given of the impact of proposed millage increases, using the assumption that the assessed valued increased by 5.6 %, the average across the City. The estimated impact on commercial property owners was also calculated using different assessed values. The first resolution would adopt the proposed millage and the other resolution would adopt the proposed budget for all the funds for a total of $184,254,000. Commissioner Casello inquired if the impact on the average home had been determined. Mr. Howard indicated finding an average home value had not been accomplished. Commissioner Casello asked how the proposed millage rate compared with the neighboring cities. Ms. LaVerriere thought both Boca and Delay had rates in the high sevens. Boca's rate was lower, but there was a debt service millage and recreation and parks taxing district. She cautioned their valuations were substantially higher than the City of Boynton Beach total valuations. Delray's valuations are greater too, especially in commercial properties, yet their millage is very similar. The City of Boynton Beach is doing a lot more with a lot less. It is not a true comparison to look at other cities. It depends on the services being provided and the City provides the full range of services. Mayor Taylor added some cities have a separate Library tax. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 Commissioner Merker felt the millage rate was a protection in a conservative way. Because he was fiscally conservative he endorsed a reserve. Without a reserve, emergency needs are harder to accommodate. He viewed the proposed budget as an improvement and protection for the future. Ms. LaVerriere concurred there was a positive trend this year and the Property Appraiser's office confirmed the industrial, commercial, real estate and residential sectors have stabilized. The industrial and commercial values have increased by 11% and 14% respectively. This is the first year the values have increased 6% overall for the past five years that have had losses. The proposed budget is very conservative anticipating a 2% or 3% increase in values that came in at 5.6% increase in value. Hopefully the upward trend would continue. Mayor Taylor opened the issue for public hearing. No one came forward and Mayor Taylor closed the public hearing. Commissioner Fitzpatrick mentioned most of the increase in value occurred in the Community Redevelopment District area and downtown. Not much of the $1 million increase carried over to City -wide. Ms. LaVerriere estimated it was $700,000 to $800,000. Commissioner Fitzpatrick indicated he had made the motion for the 7.9 millage rate and wanted to explain his reasoning. The .1 mill increase over the 7.8 mills proposed was not for reoccurring expenses or late in the year requests. If those types of items are not in the budget they should not be considered for funding later in the year. It should be used for capital expenses of a one -year duration. Next year may include a bond issue for a police station. Anything the .1 mill dollars is used for should be done in a year and the monies can be available to help fund the police station. Commissioner Fitzpatrick's first reason for raising the millage was because it was fiscally prudent to replace the City reserve account and to build it for the next fiscal crisis. If the funding is not used, it could be added to the reserve. Back in 2005 there was a greenways plan. He referred to the Lake Ida Park of 190 acres that includes four acres on the north side of the canal and actually in the Boynton Beach area. The four acres are in a County pocket and have been for sale because there is no legal access to the four acres. It would be a loss to the City since the areas of Diane Drive, Mission Hill and Chapel Hill could utilize the acres as a node connection to Lake Ida Park and Caloosa Park. For quality of life issues, Commissioner Fitzpatrick wanted to keep the four acres of lakefront for public use. There was a plan to attempt to buy the property. The County has now agreed to delay the sale of the four acres for six months to give the City of Boynton Beach time to discuss the issue. He had spoken with two County Commissioners and would be meeting with another. The current plan is the County keeps it for Lake Ida Park, but to make it viable, the City of Boynton Beach would fund some of the maintenance cost until the 23 acres adjoining the site are 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 sold for high -end residential development. If there is a plan in place, any developer of the 23 acres would have a clear understanding of what the County and the City proposes. It would be a win -win for the citizens. It was unclear what the actual cost would be. The third possibility was a list of deferred maintenance projects that has been accumulating over the last five years due to budget constraints. Some extra funds to start working on those maintenance issues would be a plus. The fourth reason for the proposed increase was the towing franchise fee of approximately $200,000 annually. It came into effect with the prior Commission. Commissioner Fitzpatrick believed in competition and choice is good. Government should not put barriers to competition. He was not philosophically in favor of the franchise fee. The time for discussion on that issue would be when the franchise fee contracts are due for renewal in December. The .1 mill increase would allow for a real debate in December if the contracts are not renewed and the reserve would cover that loss of funding and allow the Commission to have more flexibility on the issue. Mayor Taylor advised each tenth of a millage rate equates to $300,000 in revenue. The City has been surviving on some of the reserve funds for the past several years. The reserve fund is down to only the mandatory level that needs to be rebuilt. The $300,000 would be deducted from the proposed transfer from the reserve fund to balance the budget. Vice Mayor Hay added the citizens have observed the appearance of the City and the additional funding could allow the ground maintenance to be improved throughout the City. Some changes along the major arteries will be evident very soon if the increase in the millage rate is approved. Commissioner Casello echoed Vice Mayor Hay's remarks and his reasoning included adding to the City's reserves and the landscaping. Improving the curb appeal would be helpful to bring in new businesses and new buyers into the City. The Public Works Department has been struggling to maintain the medians and with some additional funding, the City can be returned to its prior condition. Commissioner Merker announced he had suggested the millage rate be set at 7.9 mills and the Commission had followed. He reiterated his focus was on the reserves and in his opinion the additional .1 mill was for that purpose and not to spend. Mayor Taylor asked for a motion on Proposed Resolution R13 -088. Motion Vice Mayor Hay moved to adopt. Commissioner Merker seconded the motion. Vice Mayor Hay set the rate at 7.9. Commissioner Merker agreed. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. SEPTEMBER 3, 2013 Attorney Cherof pointed out the Resolution adopted would include a rate of a 7.900 millage rate. Section three provides for a second public hearing on September 17, 2013 in Commission Chambers at 6:30 p.m. The proposed millage rate is 5.5% above the computed roll back rate of 7.4882. Mayor Taylor asked for a motion on Proposed Resolution R13 -089, adopting a tentative budget for fiscal year 2013/14. Motion Vice Mayor Hay so moved. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Attorney Cherof pointed out in Section 19, the Resolution provides for the second public hearing on September 17 at 6:30 p.m. in Commission Chambers following the same process. The public would be invited to speak, question or comment on the millage rate and the budget. B. Informational Items by Members of the City Commission Commissioner Fitzpatrick indicated he had started classes at FAU and had met with many constituents. He had gone to Congressman Ted Deutch's open house and it included a round table discussion among City, County and State officials. Commissioner Fitzpatrick concluded the City of Boynton Beach was in better shape than other cities in the area. Vice Mayor Hay had attended the League of Cities Board meeting and luncheon. One of the big items is the issue of "All Aboard Florida" that involves a high -speed train passing through the City at 79 to 80 miles per hour. The guard rails are not adequate to handle the speed and it will be a tremendous cost for the cities to absorb. It will be another unfunded mandate. There will be 32 additional trips a day passing through the City. It will travel from Miami to Orlando in three hours with only four stops: Miami, Fort Lauderdale, West Palm Beach and Orlando. There are 11 crossings within the City and the cost for improvements will be millions of dollars. Some cities are attempting to opt out of the plan. The Commission and City needs to watch the progress of the plan very carefully. The League of Cities of Palm Beach County is spearheading the interest of the municipalities since it would impact the entire County. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Merker commented he enjoyed walking the beach and felt it was a big asset for the City of Boynton Beach. Commissioner Casello agreed it was a beautiful beach. He had attended a homeowners association meeting at the Meadows and discussed the possibilities for some open green space in the area. Mayor Taylor announced the Community Redevelopment Agency budget had been approved for next year. There are a couple good projects coming into the City, one downtown and the other along Old Boynton Road. Their addition to the City would help lower the millage rate in the future. Businesses fund the City and bringing businesses and people to the City can only help to lower the taxes. He hoped everyone had a great Labor Day holiday. SEPTEMBER 3, 2013 2. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Matthew Damsky, Legislative Aide to Senator Maria Sachs, announced a property insurance workshop in Delray Beach on September 12 at the Delray Library to discuss any problems homeowners or property owners were having with their insurance. Government officials from Tallahassee would be attending. There would be light refreshments. Two sessions were planned. The one in Delray begins at 2 p.m. and another at 6 p.m. at the Boca Raton Library downtown. He encouraged the citizens to attend and bring their insurance declaration pages to be reviewed for the proper credits and paying an appropriate amount. Everyone was welcome. A. The Boynton Beach City Library will be closed September 5, 2013 through September 8, 2013 for air conditioning repairs. Mayor Taylor announced the closing of the Library from September 5 through the 8th for air conditioning repairs. B. The public is invited to join Boynton Beach Police for a Town Hall Meeting on Wednesday, Sept. 11th at 7 p.m. at the Carolyn Sims Center at Wilson Park, 225 N.W. 12th Ave., Boynton Beach. There would be a Boynton Beach Police Department town hall meeting on September 11th at 7 p.m. at the Carolyn Sims Center. Chief Katz would be explaining the role of the Police .Department and their goals and objectives for the City. C. Announce Special City Commission Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 The final adoption of the Fire Assessment would be held on September 12 at 6 p.m. in the City Hall Chambers. D. Announce Second Budget Hearing to Adopt Final Millage Rate and Adopt the Final Budget for FY13/14 at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers The second public budget hearing to adopt the final millage rate and the final budget for FY 2013/14 would be held on Thursday, September 17 at 6:30 p.m. in City Hall Chambers. E. Announcing a closed door session on Tuesday, September 17, 2013 at 6:00 p.m. to discuss the litigation case of Morton E. Goldstein, Plaintiff vs. City of Boynton Beach, Florida, Defendant, United States District Court for the Southern District of Florida, Case No. 13- 80158- CIV- MARRA/MATTHEWMAN. Mayor Taylor announced a closed -door session on Tuesday September 17 at 6 p.m. to discuss the case of Goldstein vs. City of Boynton Beach, Case No. 13- 80158. F. Presentation of the Recreation & Parks Department Needs Assessment report by Dr. Mitra. Wally Majors, Director of Recreation and Parks, felt it was appropriate to present the report of the needs assessment because the objective is to share the accountability with the taxpayers that the resources received are used in the most effective manner. It is a method of conducting social, scientific research by use of a survey sent to the entire taxpaying community. The Department had partnered with Management Learning Laboratories under the guidance of Dr. Mitra to conduct the research and analyze the results. Dr. Mitra described his methodology and explained he had come to Boynton Beach and held focus group meetings with several members of the community and actually met with some of the Commissioners. A questionnaire was developed and vetted by the City and the Recreation and Parks Department. The data collection was followed by the aggregate analysis of the data and provided a web query process. The questionnaire had over 200 items and the full report would be given to the Commission including the recommendations based on the data and experience from similar studies across the United States. There was an entire section of questions to determine the park and recreation interests. It was discovered there is an interest in fitness, performing arts, arts and crafts, some environmental activities and special events. Special events could mean a variety of things. The beach is the place most frequently visited with parks and community centers the second most popular visited facility. It fits in with the total picture that parks 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 are the places where special events happen, family activities happen and where people are going. Another section attempted to solicit the reasons for non - attendance or non -use of facilities. It was not a surprise that lack of information was the most common reason that people do not go to parks. People are busier, but the results show the City providing events when the people can participate has improved. There was an attempt to find out the best way to get the information to the people. It was determined the FunFare Magazine was the most preferred method to keep the people informed and it remains the same, even after ten years. The internet and web mail was the second most common way of distributing information. It is very effective. Another section of questions reflected about 94% of the people surveyed had a very positive view about the Recreation Department. The staff was considered to be courteous and helpful. However, one thing that did stand out was people wanted more joint activities with the school system. There could be barriers to achieve that, but the data suggests it should be explored further. There appears to be more fiscal responsibility because it was shown that people would be willing to pay new user fees for new recreation opportunities. There does appear to be a need for more activities for the disabled, older individuals and better geographic distribution. Programming could be offered in different facilities. The perception is the programming is geared to the youth and that could be adjusted. About 79% of the respondents indicated they felt safe in the parks. It was interesting that there was a preference for neighborhood parks rather than centralized facilities. It ties into the overall picture that people like to do things with their families and there is a consistent need for family involvement. The top areas of emphasis included fitness, trails, neighborhood parks, picnic areas, waterfront access, playgrounds and special events. The study showed there has not been a significant change since the last needs assessment. What emerged was the community is relatively happy and pleased with the facilities and programs. The City would need to continue the good job it is currently doing. There is a greater need for information which can be met with more targeted information and use of electronic resources. The final report would be presented with recommendations to the Department. Dr. Mitra welcomed any questions or comments to the report. As a follow up, the questionnaire would be opened to the general public on the City website. The data would be harvested every month for the next twelve months. Commissioner Casello inquired how many surveys were sent and Dr. Mitra replied 6,500 questionnaires and the response rate was low, 8 %. It was comparable to the last 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL assessment. The community does not respond as much as other communities. There was sufficient surveys returned to make the findings reliable and could be generalized. Vice Mayor Hay noted there were 70,000 residents in Boynton Beach and asked if there was a ratio of parks to population that was acceptable. Dr. Mitra did not have the information, but the National Recreation and Parks Association would have that information and guidelines for number of parks and acreage of parks given the population. Mr. Majors would distribute that by email to the Commission. Mayor Taylor interjected the Avenue of the Arts would be having an artist reception Friday, September the 27 from 5 p.m. to 7 p.m. at the Little House on Ocean Avenue. After meeting the artists, there would be a tour of the twelve newly installed sculptures, walk and ride, free tours on ijoyrides.com which are electric vehicles. There would be snacks and drink and attendees could win original art from the Glass Mermaid. RSVPs were needed by September 24 4. PUBLIC AUDIENCE SEPTEMBER 3, 2013 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) Laura Orlove, 2459 SW 23 Cranbrook Drive, represented Boynton Reads, a group of community partnerships working to increase literacy in Boynton Beach. They are now in their second year and she gave an update on their progress. The group works with five east Boynton elementary schools with two goals. One goal is to increase attendance and punctuality. They partner with Barnes & Noble, Subway and the Boynton Beach Fire Department who give back to the community. They help to provide incentives for the children and families to get to school on time. Opportunities to celebrate perfect attendance are being given and gift cards are being donated to families. At the end of the year a grand celebration will be done by the Fire Department for each school and the families that attend. The second goal is to provide gently used or new books for the students to keep at home. Last year each child was provided with one or two books to take home and build their own libraries. The goal was to increase the number of times the books are distributed to the students. Mrs. Orlove was looking for the Commission's support to build the business partnerships and provide more incentives for the children. Paul Hicks, 2109 SW Lake Circle Drive, Leisureville, had sent emails concerning the "ill- conceived" hotel development. He had been a project manager and cost estimator at the Federal Aviation Administration and could not understand why a hotel would be built away from major highways. He felt the project was doomed to failure. Mr. Hicks was concerned with who would be operating the facilities once it was built. It could not possibly be a successful venture and could become a transient property. He suggested 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 negotiations be held with the developer whose concern is profit and do a land swap within the downtown area closer to restaurants, bus routes and future train transportation. It is also nearer to the beach. He urged the Commission to vote no to the hotel at the proposed location. Karen Whetsell, Principal of Boynton Beach Community High School, looked forward to the possibility of activities for the 55 and older population. There are many ways that partnerships could be beneficial. The School does have a tremendous arts program. She shared the enrollment had increased 20% over the past year with over 1,700 students. There is resurgence in the athletic programs, band, choir and all the extracurricular activities. The Athletic Director, Coach Swain, was present to share the idea of possible partnerships in the area of athletics. Coach Swain indicated he had spent a great deal of time trying to elevate the athletic program. Palm Beach School District does not contribute any money for athletics in any school in the County. Everything has to be generated through the athletic program. Gate sales, car washes and fundraisers are not enough to run an athletic program. In his opinion, the programs were keeping kids off the streets and involved in something positive. There have been 26 athletic scholarships over the last five years. The school has changed and the students are goal driven, positive and want to make a difference. The program needed the City's help. The efforts of the staff and students deserve a level playing field. He encouraged visits to the school to see what it has to offer. Mayor Taylor asked if the need was for a particular sport or all athletics and Coach Swain replied all athletics. The budget last year was $49,000. Some programs do get monies from the cities. Mayor Taylor further inquired about the school capacity versus enrollment and Ms. Whetsell advised it was 2,100 to 2,200 students. Vice Mayor Hay wanted to make the Commission and community aware that there is talk that Boynton Beach High School be changed to a school of the arts and rename it Dreyfoos South. The City fought too long and too hard to get a high school in Boynton Beach for identity purposes. There is a meeting on October 2nd and the City needs to be present to make sure the change is not made. Congress Middle School is proposed to be a middle school of the arts, a feeder school to Dreyfoos School of the Arts. Vice Mayor Hay did not want to lose the high school because parents in another City did not want to drive to West Palm Beach. Coach Swain agreed that too many students would be displaced. Carol Peterson - Beech, 1801 Ocean Drive, Apt. 105, had long ties to the City and Palm Beach Leisureville. Her family had lived in the community since 1973 and seen a great deal of change. Something is always lost in the name of progress even though change is good. Many residents are sad about what could happen to the community. She was grateful that the owner had made some concessions, but remained concerned about changes to Ocean Drive. The golf course is across the street, condo apartments are there and many middle school children walk through the area. She hoped Ocean Drive 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 would not be widened and the entrance be on Congress Avenue that is commercial. She asked for the Commission's help. John Hagadorn, lived in Building H on Lake Terrace in Leisureville, that would be facing the proposed hotel. He felt there would be a noise issue and his major concern was the traffic. The intersection had children crossing, the bank and drive thru, doctor offices and it is very hectic. The signage for Leisureville has been hit twice. Lake Terrace is now being used as a means to circumvent the lights on Congress Avenue and Boynton Beach Boulevard and the guests of the hotel would use that same route. The safety of the children and seniors is a major concern for him. Cheryl Ryder, 1915 SW 19 Street, was concerned about the four -story hotel and the recent plan to widen Ocean Drive to include two lanes for turning into the hotel. The Leisureville Golf Course will have to relinquish 15 parking spaces. The 21 remaining spaces are not enough parking for the golfers using the course. Palm Beach Leisureville was established over 40 years ago and the accommodations have been in place from that time. She pointed out the builder does not live in Boynton Beach. Another factor was there are five residential units facing Ocean Drive and widening the road would put traffic at their doorstep. It will affect the quality of life that should be taken into consideration. Louise Farrell, 1909 SW 13 Avenue, was concerned about the plan to turn Ocean Drive and the intersection at Congress Avenue into a four -lane highway with turning lanes. She contended the elderly citizens would be severely impacted and present a danger to everyone including the children walking to and from school. The ability of the Fire Department to get into the hotel, if there were a fire, was another issue. Many of the residents in the condos are concerned about their property and their safety. She hoped the Commission would think carefully before making any decision. Ms. Fitzmaurice, 599 SW Golf Drive, had spoken with some parents of children attending Congress Middle School and of the 700 students most use Ocean Drive as an entrance to the school in the morning and evening. She questioned if it would be safe for those children and the senior citizens on their scooters and wheelchairs. The taxpaying residents in the neighborhood deserve consideration. Ms. Fitzmaurice asked if the taxpayers would be liable for the proposed change to Ocean Drive. Virginia Rhinehardt, 1119 Lake Terrace, Building I, would have the back of her home facing the back of the hotel. Her back door would be 50 feet from their boundary. It is where the hotel's supplies, trucks and garbage cans would be. There are still engines that would be running on a continuing basis. The plans show there will be giant lights that will be on from dusk to dawn glaring into her bedroom window. It would be difficult. Many of the residents in the building are very frail and fragile. She would not buy into the building if the hotel goes in. There are problems with people cutting through to avoid the intersection. In the early morning it is hard to see the elderly people walking their 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 dogs and cats on the busy street. It would be very difficult for the people who have lived there for so many years and love the community. Barbara Knutsen, resident of Palm Beach Leisureville, was also concerned about the safety of the children and the residents who use walkers and canes shuffling along at their own pace. The increase in traffic will result in someone getting badly hurt. She moved to Boynton Beach in 1989 and there were three Holiday Inns. There are none now because they do not stay in business. She asked the Commission to think of the people who live and vote in the City of Boynton Beach and not vote for the hotel opening onto Ocean Drive. The hotel is not even needed. Shirley Jaskiewicz, sympathized with the residents of the community and the concerns they expressed. She had heard on the news about a meth lab being broken up in a hotel room and felt strongly the transient nature of the project frightened her. The traffic engineering was outrageous to consider four lanes in the area. There was a great deal of congestion in the area when school recessed and a hotel in the area would make it even worse. She requested the Commissioners ride through the area in the afternoon when school children are there and in the evening when people are walking. Ms. Jaskiewicz felt it would not continue to be safe for people to take a walk in the evening. The owners are a medical- oriented family and perhaps they could bring their sons to the area and build a nice medical complex that included a dental office and eye doctor. It is less than three acres of land. Bill Patton, 2393 SW Congress Boulevard, pointed out most of the traffic on Ocean Drive was by invitation of the administration or the residents. Each entrance on Ocean Drive says "Welcome, Palm Beach Leisureville, a 55+ community ". The US Post Office delivers mail to only one commercial address other than the clubhouse, a doctors' office that serves the community. He concluded Ocean Drive is part of the community. He questioned if the Commission would like a hotel in their community. He asked the Commission to vote no hotel. Vivian Stirpe, 19 Street in Leisureville, had lived there five years. There are many people in wheelchairs and walking. She understood the owner had 127 issues that he addressed and she did not know if the community had seen the list or what was done to resolve the problems. The community should have the right to see the lists. Hotels bring in different kinds of people and there have already been break -ins in the community that could get worse. The children could also go into the hotel and it may not be for good reasons. It would also make property values decrease and would result in lower tax revenue. She hoped the vote would be no. Alien Hendricks, 122 SE 4 Avenue, was encouraged with the budget discussion. He brought to the Commission's attention there are two new neighborhood associations, Forest Park Neighborhood Association and Seacrest Estates organized by Susan Oyer. The residents are working to improve their neighborhoods that are in desperate need of love and care with improved curb appeal, replacement of missing sidewalks and 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL connecting with new development on Ocean Avenue and the Federal Highway corridor. They were working with the City for wise use of the budget dollars to invest in the neighborhoods so they can help themselves and bring the property values up. The alternative would be to continue status quo and the trajectory would not be good if nothing is done. He was excited to see neighborhood cleanups and working on community parks. It would be an investment that would return for the City in the future. Doug Brueggermann, 713 SE 4 Street, expressed concern about the future of the Old High School. He asked everybody to come together to save the treasure and not tear down any Boynton history. Audrey Gerger, 331 NW 1 Avenue, President of the Garden Club and with the Historical Society supported preserving history and did not want the Old High School torn down. She did want to see landscaping done in her area to make it the first historical district. She would be doing petitioning in the future. She had suggested traffic circles be installed to slow down traffic in the area. A "Yard of the Month" would be selected by the Garden Club and any entries would be appreciated. The butterfly garden at the Children's Museum was another project that would involve community service hours for students who would assist. She is a commercial real estate agent and understood the concerns about the hotel. She opined the residents may have to accept it and adjust to the situation. Landscaping could be utilized. Commissioner Merker had stated he was against the hotel and had toured the area and understood the concerns. He was available to fight with them emotionally, but a legal opinion would have to prevail. The Commission can only do so much. He continued to do what he could to assist them. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: SEPTEMBER 3, 2013 Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 alternate Senior Advisory Board: 3 regulars and 1 alternate 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 3, 2013 Special Events Ad Hoc Committee: 1 regular and 1 alternate Mayor Taylor indicated there was only one opening for a regular on the Code Compliance Board. Motion Commissioner Fitzpatrick moved to appoint Bill Cwynar to the Code Compliance Board. Commissioner Casello seconded the motion. Vote The motion passed 4 -1 (Mayor Taylor dissenting). 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 Bid for "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" Bid # 056 - 1412 -13 /MFD to the following four (4) companies: Vehicle Maintenance Program, Palm Beach Spring Co., Bennett Auto Supply and The Parts House on a primary, secondary, third and fourth basis, as the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000. B. Approve purchase of 500 Smart Water Home - Coding Instant Tracer Kits from Smart Water CSI LLC of Fort Lauderdale, FL as a sole source in the amount of $15,000. C. Approve the Award for "ANNUAL SUPPLY OF PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 063 - 1412 -13 /MFD to the lowest, most responsive, responsible bidders meeting all specifications on an "AS NEEDED" basis to the following five (5) companies: Ferguson Enterprises, FIS Outdoor Inc., HD Supply Waterworks, John Deere Landscapes and Mariflow Industries. The estimated annual expenditure is $40,000. D. Approval of a Commercial Rent Reimbursement Grant in the amount of $12,000 to Due South Brewing Company. Commissioner Casello had pulled the item to applaud the business and its owners. It is a microbrewery and every beer produced is sold before it is made. It has received seven medals in Florida for best brew and the owner is the President of the Florida 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Brewers Association. The International Brewers Association meeting coming to Boynton Beach in November would bring thousands to the area. The Company may become a landmark for the City and the Commission looks forward to helping them as much as they could. Motion Commissioner Casello moved to approve the request. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion SEPTEMBER 3, 2013 E. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the ten (10) month period ended July 31, 2013. F. Approve the minutes from the Regular City Commission meeting held on August 20, 2013 G. PROPOSED RESOLUTION NO. 13 -090 - Authorize the City Manager to enter into agreement with Mitrani, Rynor, Adamsky & Toland, P.A., designating Ankur R. Sevak as designee to provide Special Magistrate services for the local hearings of the Red Light Camera violations. H. Add the position of Golf Course Superintendent to the City's pay plan. I. Approve additions and modifications to job classification specifications as part of the reorganization of the Finance Department. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the Bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM /LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Bid # 057 - 1412- 13 /MFD to the following five (5) companies: Atlantic Truck Center, Nextran Truck Center, Palm Truck Centers, Sunbelt Waste Equipment and Trekker Tractor on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure amount of $185,000. Vice Mayor Hay moved to approve the bid. Commissioner Merker seconded the motion. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion SEPTEMBER 3, 2013 B. Approve the Bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMALL AND LIGHT DUTY VEHICLES AND EQUIPMENT" Bid # 058 - 1412- 13 /MFD to the following one (1) company: Steve Moore Chevrolet Delray on a lot by lot basis, to the lowest, most responsive, responsible bidder who met all specifications with an estimated annual amount of $125,000. Vice Mayor Hay moved to approve the bid. Commissioner Casello 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. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS A. Discussion on renaming Oceanfront Park. (This item was added to the agenda.) Commissioner Merker commented education and learning about where you live and realizing the significance of the surroundings was very important. He thought another identity that needed to be defined, improved and maintained is the beach. He had found areas that could be improved and legal issues that he wanted to discuss with the 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 19 SEPTEMBER 3, 2013 City Attorney. An important consideration is money and a review of the fees being paid, especially for non - residents was needed. The hours when fees are charged is another important factor in relation to revenues. He hoped those issues could be discussed when renaming the beach is considered. It is a means for revenue and it is a means to attract visitors to the City or individuals moving to the City. Commissioner Merker felt discussion about possible improvements and enhanced lighting, with a timetable for completion along with the maintenance schedule, should be addressed. The beach is a major asset. Mayor Taylor surmised Commissioner Merker was requesting an update from Recreation and Parks on the maintenance plans for the beach. Commissioner Merker had met and discussed with Police Chief Katz and Chief Yannuzzi from Ocean Ridge the importance of the beach to the community. 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Consider Planning and Zoning Review of Development projects by the CRA Board - 9 -17 -13 B. Award RFP for legislative tracking /lobbying services - 9 -17 -13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the brand promise statement. 16. ADJOURNMENT There being nothing further to discuss, Mayor Taylor properly adjourned the meeting at 8:28 p.m. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: et M. Prainito, MMC ity Clerk A. Pyle, y le, eputy City Clerk CITY OF BOYNTON BEACH 20 Casello, Commissioner SEPTEMBER 3, 2013 ., ,411r Ior )', or ay, Vice or a • T. ∎4 er , r , Commis oner ichael `Fitz. - trick, C mis oner