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Minutes 01-18-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JANUARY 18,2011 PRESENT: Jose Rodriguez, Mayor Kurt Bressner, City Manager Marlene Ross, Vice Mayor James Cherof, City Attorney William Orlove, Commissioner (arrived at 8:56 p.m.) Janet Prainito, City Clerk Woodrow L. Hay, Commissioner Steven Holzman, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Imam C. B. Hanif C. Pledge of Allegiance to the Flag led by Commissioner William Orlove Mayor Rodriguez welcomed everyone and called the meeting to order at 6:31 p.m. Imam C. B. Hanif offered the invocation followed by Mayor Rodriguez leading the Pledge of Allegiance to the Flag. Mayor Rodriguez announced Commissioner Orlove had another commitment and may not be present for the entire meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross had no changes to the agenda. Commissioner Hay requested Item 6.0 be pulled for discussion. Mayor Rodriguez and Commissioner Holzman also wanted to pull Item 6.0 for questions. Mayor Rodriguez also pulled Item 6.H. 2. Adoption Motion Vice Mayor Ross moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Commissioner Holzman mentioned he had attended the Martin Luther King (MLK) dinner. Commissioner Hay had attended the League of Cities luncheon and advised there was concern over the power given to the Inspector General for Palm Beach County. The City Manager is on the committee addressing the concerns. Mr. Bressner indicated the committee would be reviewing the ordinance parag ra ph-by-paragraph. The recommendations were due to the County Commission by March 30, 2011 for the Inspector General ordinance, the Ethics ordinance, lobbyist registration regulations and post employment regulations. Commissioner Hay announced he had also attended the MLK dinner banquet and the entire City Commission was present. He participated at the 6 a.m. March on MLK Boulevard that was well attended including Commissioner Orlove and the City Manager. A program including students from Galaxy Elementary and other schools was performed at St. John Baptist Church. The input received from the Commission and others would be used to improve the event each year. Vice Mayor Ross had been to the Toussaint L'ouverture High School, together with the Mayor, to commemorate the one-year anniversary of the earthquake in Haiti. She enjoyed the MLK dinner. She announced the Sister Cities' silent art auction at the Intracoastal Clubhouse from 4 to 6 p.m. on January 22, 2011. There was the upcoming re-opening of Oceanfront Park's boardwalk that would be held on February 5, 2011 at 10 a.m. with a ribbon cutting ceremony and meet OPUS, the sea turtle. Mayor Rodriguez had the privilege of attending the one-year anniversary of the Haiti earthquake ceremony and emphasized much more work needed to be done. There was also a veteran's celebration unveiling the Desert Storm monument and both he and Commissioner Hay made remarks at the event. The Veterans Commission always did an impressive job. Mayor Rodriguez remarked the MLK dinner was very good and suggested a concerted effort should be made to attract more people to participate in the walk. He announced the 2nd annual Mayor's Commit2BFit walk to be held on March 19, 2011. Last year had 400 participants and this year's walk would include a run, contests and he urged community support from local businesses to offset all costs. Commissioner Hay advised 250 to 300 people had attended the MLK walk on Monday morning. It can be improved and attendance had increased. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation of Legislative Update by Senator Chris Smith, District # 29. 2 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Representative Smith thanked the Commission for the opportunity to address the Commission and citizens. Committee meetings are being held on the issues to be discussed during the legislative session. The number one issue to be discussed would be pension reform. The current system is relatively healthy, but was ballooning and could hurt the municipalities and the State. The promises to employees have to be kept, but it needed to be tweaked for the benefit of future retirees. The insurance industry will be reviewed since Citizens Insurance is grossly underfunded and more insurance companies have to be allowed to offer policies to reduce the number of Citizens policies that are outstanding. Senator Smith advised regulating pain clinics was another area for discussion and the program established can move forward and be enforceable. The sale of suspicious items being sold in convenience stores that are actually designer synthetic drugs will be investigated. Federal guidelines have been established and hopefully law enforcement will be given the power to regulate the illegal commerce at these small stores. Senator Smith advised the State budget would be about $4 billion dollars short involving more cuts especially in health care and education where the bulk of the monies are spent. Creative ways to make cuts will have to be initiated with tough decisions to be made. A review of unfunded mandates would be undertaken to limit duplication of information being provided to the State and Federal government. The mandates cost the municipalities to provide the information. Mr. Bressner would send Senator Smith a list of the mandates. A program entitled "It Ought to be a Law" had been established by Senator Smith as a means for the citizens to submit their ideas for consideration. He encouraged all the citizens to visit his website and invited the Commission and residents to visit his office in Tallahassee. Mayor Rodriguez thanked Senator Smith for his update and wished him luck in the upcoming legislative session. 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) Victor Norfus, 261 N. Palm Drive, spoke about the Heritage Celebration to be held February 18 and 19, 2011 at the Carolyn Sims Center. He thanked the Commission and the community for those who attended the dinner and the March celebrating Martin Luther King, Jr. Mr. Norfus indicated the community gardens program was being expanded to include the Habitat for Humanity organization. The gardens offset the cost of fresh vegetables and fruits. Any assistance with that program would be appreciated. 3 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 John McGovern, 2620 Spiceberry Lane, Chair of the Greater Boynton Beach Foundation, hoped to see everyone at the invitation only Valentine Day event called "Love without Boundaries" to benefit the Boundless Park, the Foundation's first project. The Foundation was unique because it brought together public and private groups. Tax exempt status was achieved and retroactive to July 4, 2010 due to the efforts of Maryann Colton, the Foundation's attorney. Their phone number is 767-4303 and the website is www.boyntonfoundation.org. David Len, a resident of Lake Worth, who works at the Palm Beach Habilitation Center, works with adults with disabilities to become as independent as possible and maintain employment. Training is offered. The Center learns the expectations and demands of community employers and has worked with the City of Boynton Beach since 1996 providing janitorial services to the Water Treatment Plants and the administration building. During that time 211 individuals have been employed and 83 have transferred to other types of employment. The service is provided through the RESPECT program of Florida established by the State and allows eliminating the normal RFP process. He urged the City to continue the training program as it is cost effective for the City and enriches the community. Nancy Duvell, with RESPECT of Florida, distributed a flyer on the program and requested the contract with the City be continued. No one else coming forward, Mayor Rodriguez closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Glenn Jergensen, a regular member of the Financial Advisory Committee Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez inquired if a recommendation for a Chamber of Commerce substitute had been received and Mr. Bressner replied none had been. The Mayor thought it was very disappointing since the Chamber often challenges the operational issues of the City of Boynton Beach. The motion passed. B. Accept the resignation of Victoria Castello, a regular member of the Financial Advisory Committee 4 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed. C. Accept the resignation of Richard Kurtz, a regular member of the Building Board of Adjustment and Appeals Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. Commissioner Hay suggested some type of recognition should be done for those who have devoted many years of service to the City such as Mr. Kurtz with 37 years. There was consensus to have staff consider the possibilities. The motion passed. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor Ross appointed Dr. Tiffany North to the Arts Commission. Commissioner Hay seconded the motion. The motion passed. Mayor Rodriguez had an alternate appointment to the Arts Commission, but deferred any appointment pending Commissioner Orlove's appointment of a regular member to the Board. Motion Commissioner Hay moved to table. Vice Mayor Ross seconded the motion. The motion passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on January 4, 2011 and the Special City Commission Minutes from September 27,2010 5 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 B. PROPOSED RESOLUTION NO. R11-003 - Approving and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. TABLED ON 01/04/11 C. PROPOSED RESOLUTION NO. R11-005 - Approval of an I nterlocal Agreement between Palm Beach County, the City of Boynton Beach, the City of Delray Beach and the City of Boca Raton for the use of specific components of the 800 MHz radio communications system shared and used by the signatories. TABLED ON 01/04/11 D. PROPOSED RESOLUTION NO. R11-015 - Approve the Willis Retirement Services (SageView Advisory Group) Consulting Program & Agreement to provide a complimentary review of the current plan cost and investments offered in the ICMA and Nationwide 457b platforms for employee retirement savings plans at no cost to the City of Boynton Beach. This item was pulled for discussion by Mayor Rodriguez, Commissioners Hay and Holzman. Commissioner Hay sought clarification of the content of the contract. Commissioner Holzman had never experienced the need for a contract including an arbitration clause and limited liability clause to provide a free service and do a review. Mayor Rodriguez agreed with Commissioner Holzman's concerns. Sharyn Goebelt, Human Resources Director, explained Sageview had a partnership with Willis Consultants, who have a three-year contract with the City. The City Attorney had questioned the contract and had contacted Sageview. There would be absolutely no cost to the City of Boynton Beach. Commissioner Holzman added if Sageview was worried about limiting their liability he would not approve the request with Sageview or any other organization. Ms. Goebelt would return to the vendor and explain a contract would not be signed. Attorney Cherof acknowledged he and the Risk Manager had reviewed the contract and clauses. The indemnification of a third party had not been done prior to 2005. The policy has been the City would not agree to provide indemnification. In this instance there would be no way to measure any potential liability because the scope of services is unclear as well as their report. Risk Management took no position on the arbitration clause, but it would be no cheaper to get a claim resolved than a court venue. Attorney Cherof would not agree to arbitration under the rules of the SEC that favors the financial institutions. Mr. Bressner added staff recommended it was worth a review since it had not been done in a considerable time. Commissioner Holzman agreed it should be reviewed, but not with a company trying to limit its liability or push the City into an arbitration clause. 6 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 The motion passed. E. PROPOSED RESOLUTION NO. 11-016 - Authorize the publication of a Notice of the General Election to be held on March 8, 2011, requesting the Palm Beach County Supervisor of Elections to conduct the election and delegating certain duties to the Supervisor of Elections F. PROPOSED RESOLUTION R11-017 - Approval of a second amendment to the interlocal agreement between Palm Beach County and the City of Boynton Beach for the use of T-1 telephone/data lines on Palm Beach County's digital microwave system. G. Accept the written report to the Commission for purchases over $10,000 for the months of November and December 2010 H. Review and accept the Budget Status Report of the General Fund and the Utility Fund for the three month period ended December 31, 2010. Mayor Rodriguez had pulled this item for discussion. He pointed out there is a $9.5 million budget gap because the fund transfers are not available and without any reduction in property values. The trends of revenues and expenses have remained on course for the current budget year. Mr. Bressner advised an assumption model of 6% to 10% property value reduction would be in addition to the $9.5 million for a projected budget gap of $12 million. The Financial Advisory Committee was aware of the impending shortfall. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-018 - Award Contract for "BOYNTON BEACH CHILDREN'S MUSEUM RENOVATION" Bid # 009-2413-11/CJD to ATLANTIC ICON CORPORATION of Hollywood, Florida, the lowest, most responsive, responsible bidder who met all specifications in the amount of $332,745.57 plus alternate #2 $61,305.00, total $394,050.57 with an additional 20% contingency of $78,810.11 for a total expenditure of: $472,860.68. Commissioner Holzman noticed the contingency amounts have been increasing with every contract. He questioned why a 20% contingency was utilized and if the contractor could be locked into a maximum price. Mayor Rodriguez concurred and pointed out if the 20% were added in, the contract would be in fourth place in the rankings. Mr. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Bressner asserted the 20% contingency would be added to all contract pricing. Jeff Livergood, Director of Public Works and Engineering, explained the 20% contingency was an increase of 10%. Without a contingency in any contract, every change would require authorization by the Commission for each change. Mr. Livergood had recommended the 20% contingency because of the type of work being done in a very old building and unknown conditions that may exist underneath the floors in particular. He emphasized a contingency was not an authorization to spend. Staff's responsibility is to ensure the dollars are spent wisely. The building was originally restored in 1998/99. The existing flooring had not been part of the original renovations and restoration. Mr. Livergood stated staff would accept a 10% contingency and then come back to the Commission for anything greater. In the alternative, if the 20% contingency were approved, updated status reports could be provided. There would be no original warranty available after 10 years. Attorney Cherof advised construction warranties were only for one year and is normal within the industry. Mr. Livergood's concern was the flooring would be done during a few days when the Museum is closed and if the funding was not available, the work would stop. Commissioner Holzman inquired why a maximum guaranteed price was not sought. Mr. Bressner explained the bid was a design-bid-build project. It was not bid as a construction manager at-risk project. Commissioner Hay was confident of Mr. Livergood's assessment and recommendation and agreed with moving forward. Mr. Livergood stated the total budget would be $494,000. Motion Commissioner Hay moved to approve the request and Proposed Resolution No. R11- 018. Vice Mayor Ross seconded the motion. The motion passed. Mayor Rodriguez allowed public comment. John Maffett, owner of Coastal Millworks, resides at 332 Bamboo Road in Palm Beach Shores. He was in architectural woodworking and the window and door manufacturing business for 20 years and works extensively with REG Architects. He had done extensive investigation into the proposal for the low bidder. He had been consulted by all the bidders except the low bid. The proposals were all evaluated and a couple items in the proposal are not within the City of Boynton Beach's best interest. The price of the exterior doors from the low bidder is 80% below the average bid price of all exterior doors on the job. The same scenario was true for the single doors having an 80% price difference. The painting and waterproof issues were a result of the windows being mis- specified during the original renovations. They are currently white pine and do not last long in this climate. His recommendation was that the City make sure the specifications for the windows and doors be carefully scrutinized. The contractor has no experience doing historical restorations. Mr. Maffett asked the Commission to reconsider the award and verify the products meet the specifications. 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Ms. Goebelt explain Sageview would review the current plans offered and make recommendations for changes. If accepted, an RFP would have to be sent out to encompass any changes. Sageview would do a free analysis to determine the best program for the employees. It would be specific to the City's plans. Mr. Bressner surmised if the fee schedule was out of the norm and not benefiting the employee, the first conversation would be to return to the current vendors and ask for a moderation of their fees. The Willis Consultant Services have been assisting the City in their health care package and bid process the past few years. Mr. Bressner summarized the consensus was that an RFP should be issued to have a review of the plans and analysis done. Commissioner Holzman argued the matter before the Commission was whether the proposed contract should be approved. Mayor Rodriguez wanted to understand the big picture first. Commissioner Hay questioned why this was brought before the Commission when the City Attorney did not recommend the contract be approved. Renee Schindler, with Willis Consultants, could not speak to the contract. She did advise Willis partnered with Sageview as the financial advisory group because of a national agreement offering the service to all clients with retirement plans. Other municipalities have taken advantage of the evaluation and review and make sure the current plan is the best possible plan for the employees. It is not designed to have Sageview advise the City or employees directly to make investments. It is a consultative tool to make the decision if improvements can be made. Sageview would only make money if they were chosen as a new vendor. Mr. Bressner explained the current providers have fees based on individual transactions made by account holders for investment. Years ago the City Commission decided to offer a 457 Plan to its employees and then the City selected Nationwide and ICMA Deferred Compensation, both nationally based organizations. Ms. Schindler stressed the City would be under no obligation to do business with Sageview. It is a market check for the service. Mayor Rodriguez emphasized the City Attorney would not support the contract. Motion Commissioner Holzman moved to deny entering into a contract with Willis at this time. Commissioner Hay seconded the motion. Vice Mayor Ross suggested a modification to the motion to allow for renegotiation without the clauses rejected by the City Attorney. She was impressed with the track record of Willis. Motion Vice Mayor Ross moved to table Item 6.0, Proposed Resolution R11-015. 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mr. Maffett had bid the windows as a supply or turnkey package to apply to all the bidders. The supplier for Atlantic Icon is Sheridan Lumber from Hollywood, FL who do not sell any mahogany windows or doors, but rather sell Peachtree. Mr. Maffett had calculated the cost of the lumber, glass and hardware for the exterior doors on the project and it was $10,000. There would be warranties on the materials. Mr. Bressner advised REG Architects was in support of the plan as proposed. Mr. Livergood added any submittals by the contractor must be approved by the architect. A meeting with the Company had been held and they questioned, in writing, the cost for doors, flooring material and historical experience. There was an interview and they were confident of the bid price and recommended Atlantic Icon Corporation for the job. Commissioner Holzman inquired if the suppliers listed had been contacted to assure the bids are being done appropriately. Mr. Livergood advised the call to suppliers had not been made as it was not part of the process at this time. Shop drawings and submittals are required and reviewed by the architect that are checked to ensure product availability as specified. Mr. Bressner cautioned all bids would be increased by 20% so the rankings would remain the same. It is an old house and surprises are bound to appear. Commissioner Holzman voiced concern that the hardware prices varied from $6,000 to $10,000 for each piece. Mr. Maffett pointed out there should be eight sets of hardware rather than five sets as specified in the bid to accommodate the double doors. He also stressed that specifications rather than the price is the more important when buying windows and doors for renovations. The specifications from the manufacturer should be reviewed before the shop/drawing phase. The windows are oversized and problematic Mr. Maffett discussed his experience with other window vendors. Mr. Livergood explained REG, who designed the project, was doing due diligence to identify what manufacturers were available for the specifications. REG would also be responsible for materials, selection and shop/drawing approval through the entire process and comply with the intent of the design specifications. Commissioner Hay trusted staff and pointed out the item had already been approved. Mayor Rodriguez suggested the firm awarded a bid and the consultants making the recommendations, be available at the meetings for questions. Mr. Bressner indicated staff had no knowledge there was an issue to be addressed. Mr. Livergood noted staff had similar questions. Mayor Rodriguez lacked confidence when the building had to be restored only 10 years after the original restoration. There was discussion regarding an error on the agenda that was distributed to the public. It was determined Items 7.B and 7.C that appeared on the meeting agenda should be on the February 1,2011 agenda. 10 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Motion Commissioner Holzman moved to remove Items 7.B and 7.C from the agenda. Commissioner Hay seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $10,000 in Kenel Derilus v. City of Boynton Beach Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. B. Approve negotiated settlement of $10,000 in Odinel Louis v. City of Boynton Beach. Motion Commissioner Holzman moved to approve. Vice Mayor Ross seconded the motion. The motion passed. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on-premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company Attorney Cherof ascertained neither the applicant nor a representative were present. Motion Commissioner Hay moved to table. The motion passed. 10. CITY MANAGER'S REPORT A. Review and accept staff report on canal maintenance activities for calendar year 2010; and provide any further recommendation on continuing maintenance or other canal activities. 11 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mr. Bressner reported it was a status report on the progress of the cleanup and past and future expenses. It was hopeful that the spraying could return to a maintenance mode rather than the volume of cleaning that had to be done. All municipalities were reporting canal issues with invasive vegetation. Michael Low, Deputy Director of Utilities, advised the spring program was budgeted for $15,607 based on a monthly spraying program. Mr. Bressner added the revenues were $49,790 and the two-year projection is $99,000. In the past two years $109,000 has been spent creating a shortfall of $10,167. A monthly spraying program would cost $15,000 to $16,000 a year. Mr. Low pointed out only half of the revenues have been collected at this time. The anticipated revenue each year is $49,790. The fund should balance in approximately 18 months. The surtax would have to be re-authorized for an additional year. Commissioner Holzman questioned if there were still portions of the canal that were being sprayed that were not City property. Mr. Bressner responded there were and rights-of-entry had been obtained from the property owners. Commissioner Holzman felt the taxpayers should not be paying to spray private property. The surtax was City- wide. A map was displayed showing the privately owned canals. It comprised slightly more than 10% of the total frontage. Vice Mayor Ross inquired if staff was receiving complaints or calls about the canals. Mr. Bressner replied the area through Venetian Isles had created some issues and the harvesting equipment could not traverse all the reaches. Mr. Low reported Lake Shore Haven also has tendered complaints. 11. UNFINISHED BUSINESS A. Consider staff review of, and alternatives to program recommendations by Ad Hoc Committee for Historic Preservation Mike Rumpf, Planning and Zoning Director, reviewed the progression of the request and advised staff had reviewed the recommendations of the Committee and established options for consideration in light of program costs and anticipated budget shortfalls. He recalled the history and accomplishments of the Historic Preservation Ad Hoc Committee and the available resources on the local and state levels. The first option included creating a new position, Historic Preservation Specialist, solely devoted to historic preservation. Roughly a third of the existing programs throughout the State have a specialist, another third are headed by planning staff. Updating the inventory would be paramount. The disadvantage would be higher benefit with higher cost. A three-year period was utilized to estimate the time needed to fully implement the program. The second option involved using a part time position in combination with in-house staff. The part-time employee would have historic preservation experience. 12 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 The cost would be lower. The total cost would be somewhat higher because a consultant would be utilized to do the historical survey and site update in the first year. Mayor Rodriguez felt it was unacceptable to have three years for program implementation. He questioned if the projected budget increases were reflected in this year's budget. Mr. Bressner indicated some expenses would be this fiscal year. There are no funds appropriated in the budget. There are funds available that would have to be legally appropriated in the form of Commission action. He cautioned there is a $9.5 million deficit that any surplus funds could be used to reduce the next budget shortfall. Vice Mayor Ross appreciated the benefits of historic preservation and the work of the Ad Hoc Committee. She hoped the funding could be found. Mayor Rodriguez wanted assurance that the financial aspects could be met before moving the program forward. Mr. Rumpf commented the survey update would increase the timeframe and most of the other aspects of the program could be implemented before the update would be done. The Certified Local Government (CLG) status would afford assistance in creating a program and receiving additional funding. Harvey Oyer, 800 Claremore Drive, West Palm Beach is a property owner of six historic buildings within Boynton Beach. He had worked professionally and personally with every City in the County that has historic preservation ordinances. He applauded the City for taking the initial steps. Mr. Oyer specifically discussed the ad valorem tax exemption implications of the historic designation. He explained an interlocal agreement with Palm Beach County would be needed so property owners of designated historic buildings could seek approval for improvements and there would be no tax assessed on the value of the improvement for ten years. It is an invaluable tool as is appointing a board with the knowledge, skills and experience needed to assess historic preservation issues even if those individuals reside outside of Boynton Beach. Historic preservation has to be carefully balanced with adaptive re-use of the structure. Training of the Board with attention to detail would be paramount. Mr. Oyer stressed by incentivizing historic properties it provides the private sector with the opportunity to redevelop blighted areas and put properties back on the tax rolls with less expense to the City to provide services. It would be a true economic development tool. Very few taxpayer dollars would be needed to create safer and cleaner neighborhoods. There would be no infrastructure costs. Mr. Bressner pointed out the tax increment the City would derive would not be available anyway because most of the properties are within the CRA district. The City wou Id derive the benefit of the economic activity that occurs with permit fees and additional habitation of the units. Mr. Oyer asserted a part-time position would be sufficient to get the program started. He urged the Commission to move forward with the program. (Commissioner Orlove arrived at 8:56 p.m.) 13 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez summarized the ordinance should be approved first and then appoint the advisory board. The City Manager would then find the financial opportunities to fund the implementation. Commissioner Holzman wanted to approve the funding also and discussion followed on the available funding sources. Commissioner Hay wanted full disclosure of the fiscal responsibilities for the City and the CRA. Motion Commissioner Holzman moved to appoint a part-time preservation planner, in-house staff, Option two and move forward with the process at this time and instruct the City Manager to find those funds. Commissioner Orlove seconded the motion. Further discussion followed on the possible funding sources. Barry Atwood, Director of Finance, advised the monies received from the CRA were to reimburse a loan from the Utility Fund and were not General Fund revenues unless it is specifically appropriated by the Commission for this purpose. There are no revenue streams that could be appropriated at this time. Commissioner Hay felt uncomfortable with so many unanswered questions on the financing. An analysis should be done first. The ordinance could move forward. Amended Motion Commissioner Orlove amended the motion to approve Option 2 pending staff's research and coming back with a dedicated source to move forward with Option 2. Commissioner Holzman seconded the amended motion. Mr. Bressner recommended the eligible board members be extended to outside the City limits to bring a level of expertise to the Board. Victor Norfus, 261 N. Palm Drive, emphasized the motion would be contingent upon the funds being found. It is affirmation to move forward with saving the school. He totally supported Commissioner Holzman. Mr. Norfus complained there were trees growing out of the Old High School and the problem should be addressed as soon as possible. Mark Karageorge, 240A Main Boulevard, concurred with many of Mr. Oyer's comments. The demographics of Boynton Beach are more similar to West Palm Beach for comparison purposes. He also stressed the monies loaned from the Utility Fund are separate from the General Fund and using those funds could lead to another increase in the utility rates for all residents. Approximately $4 million a year was transferred from the Utility Fund to the General Fund. Historic Preservation is another economic development tool, but the source of the funds should not be from the Utility Fund. Mr. 14 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Karageorge agreed due diligence was needed to assure the members of the Board are carefully selected. Victoria Castello, 406 S. Seacrest Boulevard, indicated her house would qualify as a historic building. She agreed with Vice Mayor Ross that the Ad Hoc Committee had great ideas that were being discounted. Mr. Oyer's comments and suggestions should be followed. Warren Adams, 1020 I'JW 8th Street, Chair of the Historic Preservation Ad Hoc Committee, wanted to explain why a full-time historic preservation planner would be beneficial. First, things would be done more quickly and it would achieve consistency. The residents and staff must have some guidelines to show what is appropriate and have expert advice. The Committee realized that financing would be problematic; however, a significant benefit can be derived over time. Education of the public about historic preservation and the available tax credits would be beneficial. Since most of the historic buildings fall within the CRA district, the CRA should be closely involved in the program including grant applications for funding. The program has to be strongly established to flourish. Don Scantlan, 13 Cedar Circle, Chair of the Financial Advisory Committee, expressed his personal opinion that the establishment of the program should be done efficiently and effectively. The monies should be spent correctly and he cautioned the cheapest way may not always get the best result. A full cost and benefit analysis should be completed. Linda Stabile, 3811 Wall Street, Delray Beach, resides in a County pocket next to Boynton Beach. The Ad Hoc Committee stands by its recommendation for a full time historic preservation planner. Even if in-house staff was used, there would be training cost and outside consultants would be required at some point creating possible inconsistency in planning. Ms. Stabile contended in tough economic times being proactive would be a better choice and finding new ways of generating revenue. A full- time historic preservation planner would be the most cost effective rather than a patchwork approach. Many historic buildings in the City have already been torn down. Barbara Ready, 329 SW 13th Avenue, reminded everyone that art and culture assist in offsetting falling property values and budget deficits as a proven economic strategy to increase property values. She urged the Commission to adopt the recommendations of the Ad Hoc Committee and hire a full-time historic preservation planner to demonstrate the City's commitment to the effort. John McGovern, 2620 Spiceberry Lane, a member of the Ad Hoc Committee, asserted the mistakes made 10 years ago on the Children's Schoolhouse Museum would not have happened if a historic preservation planner would have been in place. The Certified Local Government status will not be achieved if the proper experts are not in 15 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 place and other funding opportunities could be lost. The Commission should re- prioritize and move forward with the Historic Preservation ordinance and its objectives. Mr. Oyer questioned if some of the items could move forward while the financing was investigated. He suggested negotiations for an interlocal agreement with the County and establishing the process for appointing a Historic Preservation Board could run concurrently. Mayor Rodriguez declared there was consensus to move forward with those things mentioned while the financing was being sought. No one else coming forward, Mayor Rodriguez closed the public audience. Mayor Rodriguez pointed out the motion was to approve Option 2 which cost more money than Option 1 with a full-time planner. He reiterated everything could move forward and in the interim the City Manager could develop a staffing strategy. Commissioner Holzman asserted Option 2 would be $46,000 less over a three-year period. After the public comments, Commissioner Hay decided a full time planner would be the best selection. He now supported Option 1. Substitute Motion Commissioner Hay moved to adopt Option 1 with a full-time planner and move ahead with interviewing members for the Board and have the City Manager come back with sources of financing. Commissioner Holzman seconded the motion. The motion passed. Mr. Bressner felt it would be appropriate to give staff direction to proceed with negotiations with Palm Beach County for the tax credit program. Another motion would be to authorize staff to return to the Commission with a profile for a historic preservation board including the eligibility policy on residency requirements. Motion Vice Mayor Ross moved to enter into an interlocal agreement with Palm Beach County regarding the City's historic preservation ordinance. Commissioner Hay seconded the motion. The motion passed. Mayor Rodriguez established the Ad Hoc Committee would make recommendations to the City Manager on the relevant qualifications, residency and the number of board members needed to implement the board. There was consensus. B. Further discussion regarding process/timeline for Independent CRA Board appointments. 16 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez recalled there was agreement the appointments be delayed pending the downtown workshop that has now been scheduled for February 18, 2011 to afford the opportunity to observe the candidates and hear their views. The question before the Commission was, should the ranking be done before the workshop or after the workshop. Commissioner Hay emphasized the matter had been postponed, since August 8, 2010 and the Board should be appointed as soon as possible. He favored moving ahead with the ranking and appointments on February 1, 2011 . Commissioner Holzman recalled Commissioner Orlove wanted to observe the individuals at the workshop before ranking the candidates. Commissioner Holzman contended it was an important consideration to see the individuals interact with the Commission and others. Their insight for the future of Boynton Beach would be helpful and their interest in attending the meeting should be considered. Mr. Bressner advised Commissioner Orlove had turned in his ranking form. Vice Mayor Ross had ranked the candidates and was prepared to present her rankings. Mayor Rodriguez stated he was disappointed in the candidates on the top 10 list. Only four have attended any CRA meetings and he would be uncomfortable appointing individuals who had not attended the meetings to be familiar with the progress being made throughout the City. He applauded the four individuals who had attended the majority of the meetings. Commissioner Hay commented he acknowledged the Mayor's viewpoint, but pointed out attending meetings in the interim had not been a requirement nor had the candidates been notified. There is frustration that a Board has not been appointed. He reminded the Commission some of the Commissioners had not attended meetings before they were elected. Failure to appoint the Board as scheduled would be another delay tactic. Motion Vice Mayor Ross moved for every member of the Commission to submit their rankings and to officially appoint the seven members of the independent CRA Board at the February 1,2011 Commission meeting. Commissioner Hay seconded the motion. Mayor Rodriguez emphasized Commissioner Hay had voted twice last year not to appoint a voluntary board and so did the Vice Mayor. Commissioner Hay disagreed. The motion failed 2-2. 12. NEW BUSINESS 17 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 None 13. LEGAL A. PROPOSED ORDINANCE 11-001 - SECOND READING - Approve the abandonment of a Utility Easement for The Peninsula at Boynton Beach project at 2660 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. Attorney Cherof read Proposed Ordinance No. 11-001 by title only on second reading. Motion Commissioner Orlove moved to approve Ordinance 11-001 on second reading. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote Deputy City Clerk Pyle called the roll and the vote was 5-0. B. Discussion on creation of Charter Review Committee to review the City Charter to make recommendations to the City Commission as to whether a provision should be changed, remain the same, be deleted, or new provisions added. Commissioner Holzman recalled the Charter Review Committee would be created in the same manner as the Financial Advisory Board. Mr. Bressner pointed out many different models existed and the Charter had no language specifying a review process. He wanted further policy direction from the Commission to determine the parameters, timeline and prospective members and stakeholders that should be considered. Commissioner Holzman argued the motion was the Committee would be set up in a similar fashion as the Financial Advisory Board and should move forward accordingly unless reconsideration is requested. (Mayor Rodriguez left the dais at 9:42 p.m.) Commissioner Orlove recalled staff had been directed to return to the Commission with ideas on how to move forward. Staff gave their recommendations and asked for direction on how to move forward. (Mayor Rodriguez returned to the dais at 9:45 pm.) Commissioner Orlove read the relevant section of the minutes. 18 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez inquired if the intent was to establish a permanent advisory board or an ad hoc board. He proposed a five-member ad hoc board would be sufficient and each Commissioner could identify a candidate to be appointed. Commissioner Hay had reviewed the Charter and did not think any changes were necessary. Mayor Rodriguez emphasized the appointed board could make the same recommendation. Motion Commissioner Holzman moved to encompass the Mayor's suggestion. Commissioner Orlove seconded the motion. The motion passed 4-1 (Commissioner Hay dissenting). It was decided a modified board application would be created and given to the Commission to seek appropriate candidates. Commissioner Hay asked if there would be an associated cost. Mr. Bressner estimated there would be the cost of producing documents and legal cost. Commissioner Hay opined monies that were not available would be spent on something that was not needed at this time. Commissioner Orlove requested reconsideration of a matter previously discussed in his absence. Attorney Cherof advised the custom had been an absent member could raise an issue that had previously been disposed of by the Board at the same meeting. Technically there was no action because the motion failed with a 2-2 tie vote. Motion Commissioner Orlove moved to reconsider action on Unfinished Business Item 11.B. Commissioner Holzman seconded the motion. The motion passed. Commissioner Orlove advised he had submitted his rankings of CRA Board candidates and wanted the Commission to move forward. He thought he had enough observation of the candidates and the process had been ongoing for a significant time period. The board should be appointed. Motion Commissioner Orlove moved that the ranking forms be sent to the City Manager's office for tabulation by January 25, 2011 and at the next meeting, February 1,2011, the Board can be appointed based on those rankings. Commissioner Hay contended since the original motion failed, the process would return to the original plan which is the same as the current motion. Attorney Cherof agreed. The motion was clarified and Commissioner Hay seconded the motion. 19 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 Mayor Rodriguez adamantly opposed proceeding without the participation of the candidates at the brainstorming, downtown meeting being held on February 18, 2011. The date had been changed. Mayor Rodriguez felt he had an obligation to the City and six of the top 10 candidates have not been to a single meeting since they were interviewed. It was disappointing that candidates would be appointed who had no interest in the CRA and could not even attend meetings. Only four of the candidates have consistently attended meetings. Commissioner Orlove reiterated he had made enough observations to move forward at this time. Commissioner Hay restated his position that the appointments had been delayed for too long and Commission members had not attended meetings prior to their election. It would be irrelevant to now make attendance at meetings another delay tactic. The motion passed 3-2. 14. FUTURE AGENDA ITEMS A. Consider recommendation of Advisory Committee for renaming of Jaycee Park - 02/01/11 B. Appoint members to 7-member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 02/01/11 C. Amendment to Police Officers' Pension Trust Fund - 02/01/11 D. Contract award for construction of Congress Avenue Barrier Free Park - 02/01/11 E. Interlocal Agreement with the Town of Hypoluxo for Fire and Rescue Services - 02/15/11 F. Discussion of local transportation options - 03/01/11 G. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) H. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) I. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) J. Geographic boundaries for City of Boynton Beach voting districts - (TBD) 20 Meeting Minutes Regular City Commission Boynton Beach, FL January 18, 2011 K. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:55 p.m. CITY OF BOYNTON BEACH -- -~ ~- ATTEST: woo~ommiSSioner ~<] - " -"~ ,/Steven Holzman, Commissioner 21 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Peninsula at Boynton Beach Abandonment of Utility Easement (ABAN 11- 001) APPLICANT'S AGENT: Manuel Martinez, The Altman Companies, Inc. AGENT'S ADDRESS: 1515 S Federal Hwy, Suite 300, Boca Raton, FL 33432 DA TE OF HEARING RA TIFICA nON BEFORE CITY COMMISSION: January 18, 2011 TYPE OF RELIEF SOUGHT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 2660-2700 N Federal Hwy ORA WING(S): SEE EXHIBITS "B" AND "C" A TT ACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. DA TED: 2. The Applicayt LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0" with notation "Included". 4. The APP~t'S application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions ofthis order. 7. Other: t) I - t!l4-- r!J..D11 City Clerk S:\Planning\SHARED\ WP\PROJECTS\Peninsu)a@BoyntonBeach\ABAN 11-001 \DO.doc 6 311 of 349 EXHIBIT "0" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: ABAN 11-001 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVI RONMENT ALlST Comments: None PLANNING AND ZONING Comments: None 308 of 349 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Peninsula@Boynton Beach\ABAN 11-001 \COA.doc 309 of 349 EXHIBIT "AI' - SITE LOCATION MAP PENINSULA IPUD ABAN 11-001 NOT IN CITY IsiTE I I . !.~"'---, /,J ~ :r , -I ~ I.U C I.U ..... ~ I i PUD . .../ I ! I I :R~1AA I i r I 0::, o ~ t)i '2 . I 1 , POTTER RD i ' . 0 i I I 150 75 0 ~-- 150 300 450 N 600 A 'Feet W~E S 313of349 OJ ~ OJ - I >< W EXHIBIT PENINSULA A IPUD P.O. 11t. po. 15. P.B.C.R. A PORTION OF SEer/ON 16. TOWNSHIP 46 SOUT/{o RANGE 43 EAST, mE ClfY OF' BOYNTON BEACH. PALM BEAcH COUNTY, FLORIDA. A Y/11OM ,. AS-'j(}C/A T!S. ;No; ~I..~~ ,..."........AtO'CC_Ol"... n:r.-"'.._....-:-:"~_".., ."..,.~.~. t l; 'CRAMlfC 7CME I - --C"'f::r -- - - --- i--r~~~~~. _.~...~ ...~c. /~~,... ~ iin\1~-"",,1lI'i-'~ - ~;}-- j,'~';['.( ~. $ r ~ . :.I'~~,f' .A (.. ( 1\ C t w ....... ~ o ......, w ~ '-0 1: ~ i:: ~ ::] ., .' J J.iJ.L. . _ , .__ . ..__ . _ D~ PO^O i:: Q: ~ !:! 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