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Minutes 09-01-06 MINUTES OF THE CITY OF BOYNTON BEACH AGENDA PREVIEW MEETING HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH ON FRIDAY, SEPTEMBER 1,2006 AT 10:00 A.M. PRESENT: Jerry Taylor, Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk ABSENT: Carl McKoy, Vice Mayor Mike Ferguson, Commissioner Call to Order: Mayor Taylor called the meeting to order at 10:04 a.m. I. OPENINGS: B. Invocation Mayor Taylor announced a member of the board would give the Invocation. 1. First Budget Public Hearing for Fiscal Year 2006/07 Budget 2. Proposed Resolution No. R06- for Fiscal Year 2006/07 Re: Adopting the Proposed Millage Rate 3. Proposed Resolution No. R06- Fiscal Year 2006/07 Re: Adopting the Tentative Budget for Commissioner Ensler announced he had two items he would discuss on Wednesday. The first item was about the generator program. His question was would the people approved for the program this year be able to receive reimbursement even though it is in the next fiscal year. City Manager Bressner responded the funds would be encumbered, and a cut-off point would be created in the next fiscal year. He would like to have any issues resolved by the first quarter of the next fiscal year. 1 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 Commissioner Ensler asked if there were any funds in the next fiscal year's budget for the program. Mr. Bressner advised there were and the amount was $60K. Commissioner Ensler reported Mr. Bressner advised him the City Commission did not approve funding for the Boundless Park this year. Commissioner Ensler wanted discussion on the item to determine what could be done to put funds into the budget for the playground. Commissioner McCray thanked the Assistant to the City Manager, Carisse Lejeune for her efforts in assisting a constituent in his district who was experiencing some difficulties. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler reported there was an incident at the CRA meeting where, in his opinion, one of the CRA members should have recused himself and did not. Legally, the member did not have to, but it raised a question of whether he should have. The issue was discussed with the Attorney and Commissioner Ensler would like to hold discussions about adding additional requirements regarding recusals, over and above the State requirements, for people on quasi- judicial boards. The City Attorney has advised this was allowed. This item would be added to New Business. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS C. Presentations: 1. Proclamations b. "Tribute" - St. John Missionary Baptist Church Mayor Taylor advised in his backup materials for the item, the front indicates the Church had been congregating for 94 years and the proclamation reads 98 years. It was clarified the item should read 98 years. The date on the proclamation should read September 2006 as opposed to September 2002. City Clerk Prainito would make the correction. 2. Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed mixed-use development. Commissioner McCray requested the exact location of the park. Mr. Bressner advised it was located on Federal Highway where the Boynton Beach Animal Control facility is situated. 3. Presentation by Brown and Caldwell and Utilities staff on Water Supply Reconfiguration Plan. Mr. Bressner asked ifthere would be a synopsis on the presentation. Kofi Boateng, Director of Utilities advised there was and he had not yet received it. He will distribute it to the Commissioners prior to the meeting. 2 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 VI. 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. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 2. Authorize the execution of a contract for "IMPLEMENTATION OF THE M-1 ZONING DISTRICT STUDY FOR THE CITY OF BOYNTON BEACH, FLORIDA" (RFP #055-2414-06/JA) to Calvin, Giordano & Associates, Inc. of Ft. Lauderdale, Florida, in the amount of $24,930. (Proposed Resolution No. R06-) This item will be pulled at the request of Commissioner Ensler for discussion with Mr. Bressner on Tuesday. C. Resolutions 1. Proposed Resolution No. R06- Re: Authorizing the execution of Amendment #3, Task Order No. 17 to CH2M Hill in the amount of $76,083 for additional engineering services during the construction of Aquifer Storage and Recovery Well No.2 (ASR-2). This item will be pulled at the request of Commissioner McCray, to explain the item for the benefit of the public 2. Proposed Resolution No. R06- Re: Authorizing the execution of an Interlocal Cooperation Agreement between Palm Beach County and the City of Boynton Beach for application to the Florida Department of Community Affairs to receive funding of $1,629,270 through the 2005 Florida Disaster Recovery Initiative (DRI). This item will be pulled at the request of Commissioner McCray to offer kudos to deserving individuals who pursued the application for funding. E. Approve the sole source purchase of one Apella Video Server System from Videotechnics, Inc. at a cost of $39,675 to serve as the central depository to translate digital and analog signals to the PEG channel. Commissioner McCray asked exactly what the equipment was for. Barry Brandenburg, Information Technology Services, explained the video server was an ingest server necessary to ingest Impeg Videos, DVD Videos and to change audios into digital formats so they could display the information on the screen. 3 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 Commissioner McCray indicated he would not pull this item for discussion now that he had answers to his questions. J. Authorize the use of $1,000 of Commissioner Ensler's Community Investment Funds for the Education & Youth Advisory Board Youth Expo, Bob Borovy Student Citizen of the Year Award and the Youth Volunteer Bank for their ongoing events and programs. Mayor Taylor announced he would like to give $1,000 to the program and $1,500 to the Women's Club for their programs. He announced he had done so before and the same justification should be used. Commissioner McCray also announced he would like to give $1,000 to the Education and Youth Advisory Board, provided the funds were available. K. Approve the "ESTATES AT HERITAGE CLUB PUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). This item was discussed at the end of the meeting. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Authorize the payment of settlement from continuing negotiations in the amount of $7,500 in the case of Gerard Thermitus v. City of Boynton Beach. (Original demand on this claim was $100,000.) Commissioner McCray wanted the background information on the item. Chuck Magazine, Risk Manager, explained this item concerned an employee who had been involved in a motor vehicle accident in a City vehicle and a demand was made. The original demand was $100,000, and through negotiations with the claimant's attorney, the amount was reduced to $7,500. IX. CITY MANAGER'S REPORT: B. Discuss feasibility/cost analysis of Saturday hours for Building Division. Mr. Bressner noted Vice Mayor McKoy would not be present for the meeting next week and this item was put on the agenda at his request. This item was removed and put on the next agenda in order to allow Vice Mayor McKoy to be present. XI. NEW BUSINESS: Commissioner Ensler's items regarding requirements for recusal will be discussed. XII. LEGAL: 4 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06- Re: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. Mr. Bressner announced Bobby Jenkins, Assistant Finance Director, put together a PowerPoint Presentation on the Ordinance. The City Commission could view the presentation or the issue could be heard at the next meeting. It was noted this item was of interest to Vice Mayor McKoy. The PowerPoint presentation and the item will be removed to the next agenda. XIII. UNFINISHED BUSINESS: A. Continued discussion of Public Arts Fund and Art in Public Places Program Commissioner McCray acknowledged this item would be discussed at the next City Commission meeting, but wanted to know if something new came up causing the conversation. He was under the impression the Commissioners were on the same page. This item was put on the agenda at the request of Commissioner Ensler who announced the item was not titled properly. He was seeking a layout of all the fees due from developers. City Manager Bressner announced that would be heard on the October agenda. Commissioner Ensler reported there were all kinds of fees due at the time of site plan approval or in terms of getting a permit and one developer approached him who explained there was a lot of money due early in the game before they have a chance to rent or sell the facility. He wanted to review all the fees due to the City such as water, sewerage, the art fee, and anything else due to the Building Department, and when they were due. Mayor Taylor indicated the art fee was discussed prior to this and he did not understand why the item should be delayed. He did not think it should be mixed up with the other fees due to the City. He explained there was one developer who came in claiming a hardship. There was some confusion over the 30% payment of the art fee and the 70% they could put into their project. Of the 30% given to the City, the impression was that would go toward salaries for the Art employees which was not true. The 30% goes to create art in the rest of the community. They use that to finance the art program and to put art in other parts of the City where development may not be occurring. The developer has to put up 100% of the art fee when they come in with their application. Mayor Taylor thought instead of paying the fee at the time of application, they could pay it prior to obtaining their Certificate of Occupancy (CO). Once the developer comes in for the CO, the developer would have already sold some of the units and would have monies coming to them to assist with payment of the art fee. 5 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 Another scenario that occurs is a developer who pays $100K and applies for the CO. The inspector notes the developer only put $50K into the project, so the 30% plus the 20% not put in is due. The developer got 50% credit and would pay the City the other 50% of the money. Thirty percent goes in right away to the Art Program, and the other 20% of the artwork or the money goes back to the City. If the developer ordered some artwork, and the business would be opening, the artwork may not come in until 60 to 90 days later. When the art arrived, the funds would be returned. If the developer never did that, the 20% stays with the City. At the beginning, however, the developer would pay the 30% upfront. This method would assist the developer who may have a multi-million dollar project. The fees would be a great deal of money. This could help broker the art. Commissioner Ensler asked if the full 70% is not paid at the time of CO, would there be some period of time allowed. Mayor Taylor responded the developer would have to pay whatever was due at the time of the CO and they would get the funds back when they installed the artwork. Ms. Debby Coles-Dobay, Public Art Administrator explained she held discussions with Planning and Zoning and with Bill Mummert about this issue. The public art fee is not due until the time of permit. At that point, the 70% is put aside and there would be checks and balances along the way that would allow them to have funds returned at certain points. She provided an example when a developer contracts for the art those would be funds the developer would have to pay to the artist. The next segment would be closer to the end of the project, where there would be a 20% hold until the actual art was completely finished. They were looking at ways to alleviate the pressure of a developer making the entire payment upfront. Funds should be awarded and returned based on a time schedule and they did not want to hold up the CO. The difference between Mayor Taylor's version was the developer pays 30% upfront at the time of the permit and at the time of the CO it is determined if the developer paid the 70% in their project. If they did not, the developer pays the difference, which is held until the developer makes good or the funds go to the City. Ms. Coles-Dobay indicated the developer pays 70% upfront. Mr. Bressner announced a side-by-side analysis of the procedure per the Ordinance as it is presently written, in terms of timeline is needed, and then having an amended procedure based on the Mayor's suggestion as a possible alternative. The City Commission would then make a policy decision as to which process to utilize. If there were any Ordinance amendments needed as far as the change in the timelines, then the changes would come back as an amendment to the Code. The side-by-side time line will be available by next Wednesday's meeting, most likely during the day on Tuesday or Wednesday. From there, the discussion on Wednesday night will determine whether there would be any modifications to the current procedure. If Code changes would be needed, the first reading of the Ordinance would be on the agenda for the first meeting in October. There was board consensus to have the side-by-side analysis discussion on September 19, 2006 and then if needed the item would be placed on the agenda for the first meeting in October. Attorney Michael Weiner was present and requested an item to approve the Estates at Heritage Club PUD just missed the agenda deadline. In this matter, the Engineering Department was able to complete the work on the item. It was important to his client, due to construction 6 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 loans, the item not be delayed. The Engineering Department was ready to move forward with the item. Mr. Bressner advised if there were consensus, the item would become Item K on the Consent Agenda. There were no objections to the addition. XIV. ADJOURNMENT There being no further business, the meeting adjourned at 10:27 A.M. ATTEST: Ci Clerk ~ ~J.till{- J4MhNm~ Recording Secretary (090106) ~,ner C'~ Commissioner ~h.- 7