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Minutes 01-15-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 15, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Jerry Taylor, Commissioner Steven Holzman, Commissioner Wayne Segal, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Hay called the meeting to order at 6:32 p.m. and gave the invocation. Commissioner Holzman led the Pledge of Allegiance to the Flag. Mayor Hay wished everyone a Happy New Year. D. Brand Promise Statement Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk The brand promise statement was read as follows: "It is time to take a look at Boynton Beach. Its business - friendly environment offers numerous opportunities and incentives for sustainable growth." E. Agenda Approval: 1. Additions, Deletions, Corrections Ms. LaVerriere asked to add an item to the agenda regarding the incentives discussion for the Old High School under Unfinished Business as Item 11.A. Commissioner Segal pulled Item 6.B. Vice Mayor McCray pulled Item 6.C. 2. Adoption 1 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor McCray expressed his wish for the staff and citizens to have a happy, safe and blessed 2013. It was an honor to sit with a full Commission and City Manager to move the City of Boynton Beach forward. It was long overdue and he was elated to be part of the history of moving Boynton into the future. Commissioner Taylor had attended a ceremony honoring 22 veterans with a medal from the Counsel General of France. Over 200 people attended the presentation. Commissioner Segal indicated he had attended the Safe City night gathering that was well attended. It was explained by Chief Immler that it was easy to catch the criminals; harder to prosecute them. Public involvement was critical. Commissioner Segal had gone to the Senior Formal that was held and commended Nancy Molina who had organized the event. He had gone to the Chamber of Commerce luncheon where their strategic plan was unveiled that included a partnership between the City, Community Redevelopment Agency (CRA) and the Chamber. Commissioner Segal was present at the open house for State Representative Lori Berman's new office in Boynton Beach. He attended the reception for the Kinetic Art Symposium and noted the exhibits were awesome and very cool. He had gone to a meeting of the Palm Beach County COOP, a group of Public Information Officers and stressed the 2 -1 -1 Volunteer Income Tax Assistance Program that offers free tax preparation to those earning $51,000 or less in 2012. Commissioner Segal announced the Community Caring Center Hunger Walk on March 1 and 2 and Mayor Hay is the Honorary Event Chair. It will begin with a gospel concert with the actual walk being held on Saturday. Lastly, Commissioner Segal would be holding a community meeting on February 2 at Fire Station #3 called Issues and Answers. He was interested in hearing the citizens' issues and concerns and would try to respond in his limited time in office. 2 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Mayor Hay echoed he had gone to the Chamber of Commerce Luncheon and the Senior Formal. Mayor Hay had toured South Tech Academy and was impressed with the number of programs being offered at the facility. On January 21 the Martin Luther King, Jr. March would be starting at 6:30 a.m. at the corner of Railroad Avenue and MLK Boulevard. There would be a brief ceremony at Heritage Park followed by a breakfast at St. John Missionary Baptist Church. Vice Mayor McCray noted that the refreshments being served at Commissioner Segal's meeting would be in -kind services. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of TAPAS & TALK Community Outreach meeting and the COM FAM TOUR Economic Development event Ms. LaVerriere announced on February 17 the City, CRA and the Chamber, with sponsorship from Florida Power & Light and Iberia Bank, would be holding a commercial real estate broker familiarization workshop and tour. It would begin at 7:30 a.m. with breakfast and then brief presentations would be made on the incentive and grant programs available for development to stack and leverage dollars. There have been 35 or 40 reservations made. It would include a tour of the City and western areas of Boynton Beach out to Route 441. Miller Land Planning had been instrumental in planning the tour and properties to be visited. Commissioner Holzman hoped they would spend most of the time within the City limits. Ms. LaVerriere indicated they were covering as much as possible within the City, but they were reaching out to the Greater Boynton Beach area and collaboratives. She invited the Commission to attend and would provide digital copies of the materials. Tapas and Talk would be held on January 30 in the Library Program Room beginning at 6 p.m. It was a continuation of the outreach series for rebranding and marketing of the City that involves community engagement to hear from the residents. It was an opportunity to get the word out of the great things happening in the City. There has been a positive response. Vice Mayor McCray commented he felt that taking the tour out west would be excellent because it does carry the City of Boynton Beach address and name. With the new Bethesda Hospital opening it would be a great sale for the City of Boynton Beach. B. Announcement of the International Kinetic Art Exhibit and Symposium being held February 8 - 10, 2013 in the Boynton Beach Downtown Civic - Cultural District 3 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Debby Coles - Dobay, Public Art Administrator, invited everyone to celebrate Art Forms in Motion at the International Kinetic Art Exhibit and Symposium February 8 to the 10 The event is totally free with outdoor and indoor exhibits and presentations in the Chambers to stimulate creativity. There would be awards, vendors, youth workshops and more. She urged everyone to visit the web site at INTLKINETICARTEVENT.ORG. The outdoor exhibits already installed would be part of the event. There would be a self - guided and audio /visual tour from East Ocean Avenue to Federal Highway and Seacrest and Boynton Beach Boulevard. The indoor exhibits would be in the Civic Center and Library Program Room with the youth workshops in the Art Center. There would also be entertainment at the Ocean Avenue Amphitheater and some food sampling from the Secret Garden Cafe at the Children's Schoolhouse Courtyard. Vice Mayor McCray inquired how the brochures were being distributed throughout the City. Ms. Coles -Dobay advised they were in all City facilities and were being given out at the FAM tour. Vice Mayor McCray suggested they be given to the area churches and Ms. Coles -Dobay agreed. C. Announcement of the Great Barrier -Free 5K Run on Saturday, February 9, 2013 at 7:30 a.m. at Congress Ave. Barrier Free Park Ms. LaVerriere noted the Realtors' Association of the Palm Beaches was sponsoring the 5K run /walk beginning at the Barrier Free Park and meander through Hunters Run. She encouraged the Commission to join in the event. There is a $35 registration fee that can be completed online. The proceeds will benefit the Barrier Free Park. The Greater Boynton Beach Foundation is working with the Realtors Association. There would be events for families of all ages and abilities throughout the Park. D. Announcement of the Ocean Avenue Concert for Friday, January 18, 2013 Kathy Biscuiti, Special Events Director, announced the first concert of the season at the Amphitheater being held from 7 p.m. to 9 p.m. There would be food and drinks available for purchase. The featured band would be Jimmy Stow and the Stowaways playing American Pop with a tropical twist. E. Announcement of the Movies on the Ave film for February 1, 2013 The second movie of the season would be presented on February 1 The picture would be Won't Back Down showing at the Amphitheater on Ocean Avenue. Attendees should bring their own chairs and blankets. Food and drinks would be available. The event would be from 7 p.m. to 9 p.m. F. Announcement of Sunday in the Park, Sunday, February 3, 2013 4 Meeting Minutes Regular City Commission Boynton Beach, FL Sunday in the Park would be held at the newly named Ocean Avenue Park at the corner of Ocean Avenue and NE 4 on February 3 Two singers would be performing amazing harmony from 12 noon to 3 p.m. G. Proclaim January 21, 2013 as the commemoration of Martin Luther King, Jr. Day. Mr. Mike Norwood will be receiving the proclamation on behalf of the MLK Celebration Committee Mayor Hay read the Proclamation commemorating Martin Luther King Jr.'s birthday and presented it to Mike Norwood of the MLK Celebration Committee. January 21 was designated as Martin Luther King Jr. Day and all citizens should advance the cause of brotherhood and sisterhood among all people. Mr. Norwood reminded everyone the walk would begin at 6:30 a.m. Vice Mayor McCray wanted to commend the Code Compliance Officers for taking down the tax reform signs all over District II. 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) David Katz, 67 Midwood Lane, indicated he was appalled by Commissioner Holzman's inattentive actions during Mayor Hay's invocation. It had been suggested that Commissioner Holzman had uttered a racial epitaph, the "N" word. Mr. Katz called Commissioner Holzman nebbish as defined in the research book, "Joys of Yiddish ". It means an innocuous, ineffectual, weak, helpless or hapless unfortunate, first cousin to a schlemiel. David Merker, 8 Southport Lane, brought up the issue of the majority vote being 35% or 50% plus 1. Mayor Hay noted there was an item on the agenda relating to the Charter amendment. Attorney Cherof advised the Mayor could permit someone to speak on the matter at this time or when it came before the Commission later. There was consensus to allow Mr. Merker to speak on the issue at this time. Mr. Merker advised he wanted to speak about the term limit amendment. It was not mentioned at the special meeting held on January 8th and he felt it was an integral part of the Charter changes. He emphasized it was important that the voters understand the proposed change. Personally he felt the change in term limits from two to three years was an important factor in doing a job properly and accomplishing their goals. No one else coming forward, Mayor Hay closed public audience. 5 January 15, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL 5. ADMINISTRATIVE Motion January 15, 2013 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 1 regular and 1 alternate Planning & Development Board: 1 regular and 2 alternates Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Veterans Commission: 2 alternates Commissioner Taylor nominated Aylin Tito to a regular position on the Arts Commission. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Taylor appointed Bonnie Glinski to the Cemetery Board. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Taylor appointed Deborah Hoban. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL Motion January 15, 2013 Commissioner Taylor appointed Cory Kravit as a regular member of the Planning and Development Board. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor McCray appointed Shirley Cassa as an alternate to the Planning and Development Board. Commissioner Taylor seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve release of the performance bond #105461698 TR #7899 in the amount of $125,000.00 as a result of satisfying the condition of approval involving the completion of a traffic study and future improvements to Federal Highway in association with the Walmart project, if deemed necessary by the City Engineer B. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the two (2) month period ended November 30, 2012 Commissioner Segal asked for further clarification of the data. Tim Howard, Director of Finance, explained the report includes the status of the revenue and expenses as of the end of November. The revenue is lower this year. It is the timing effect of property tax distribution that was received in December this year. The difference will level out next month. The expenditures reflect the annual payment for the pension contribution that was larger in 2013 than 2012. The information on the Utility Fund shows a snapshot of the status compared to last year. Commissioner Holzman wanted to know the actual amount of the pension contribution. Mr. Howard reported last year the contribution was $9 million for all three plans and this year the contribution was $11.2 million. 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Motion Vice Mayor McCray moved to accept. Commissioner Taylor seconded the motion. Vote The motion passed unanimously. Vice Mayor McCray wanted the total cost to be discussed. Ms. LaVerriere mentioned it was a joint initiative between the County and the City. Jeff Livergood, the Director of Public Works and Engineering, advised the City had been working with the County for the last six or seven months on the dredging project. The budgeted amount was $50,000 based on the design. As it was bid, the project changed somewhat and the low bidder was not a qualified low bidder. The County bid the work. The project costs rose to $93,000, but through the efforts of Wally Majors and Recreation and Parks staff, additional funding of $45,000 from Palm Beach County was obtained. It showed great cooperation between the County and the City of Boynton to provide a service to all county residents. Motion C. PROPOSED RESOLUTION NO. R13 -001 - Approve the Interlocal Agreement between the City of Boynton Beach and Palm Beach County that authorizes Palm Beach County to design, perform, and manage channel dredging at Oyer Park on behalf of the City Vice Mayor McCray moved to adopt Proposed Resolution No. R13 -001. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. D. Approve amendment to reduce the number of grants and increase funding for the Commercial Rent Subsidy and Commercial Interior Build -Out Assistance Programs E. Approve Status Change from Part-Time to Full -Time for Risk Assistant in Risk Management Department. F. Accept the resignation of Robert Bucella, a regular member of the Code Compliance Board G. Accept the resignation of Gerald Taylor, a regular member of the Golf Course Advisory Committee 8 Meeting Minutes Regular City Commission Boynton Beach, FL 7. BIDS AND PURCHASES OVER $100,000 Motion January 15, 2013 H. Accept the resignation of Terry Lonergan, a regular member of the Financial Advisory Committee I. Accept the resignation of Harry "Dale" Hatch, a regular member of the Cemetery Board J. Approve the minutes from the Special City Commission meeting on December 11, 2012, the Regular City Commission meeting held on December 18, 2012 and the Special City Commission meeting held on January 8, 2013 A. PROPOSED RESOLUTION NO. R13 -002 - Accept a FEMA SAFER Grant award in the amount of $967,281 for Grant #EMW- 2012 -FH -00363 with no required City matching funds and authorize the expenditure of the entire program amount of $967,281 for the hiring of 7 probationary Firefighters for a period of 2 years. This would return the 7 firefighter positions that were eliminated during the FY10/11 and FY11/12 budget process. Ms. LaVerriere indicated a grant had been applied for last year through FEMA for the restoration of seven firefighter positions to restore the staffing levels. The City has applied in the past but not been awarded any monies. Ray Carter, Fire Chief, reported in the past it was a different type of grant. It has now been changed to accommodate rehiring for positions eliminated due to attrition or layoffs. Vice Mayor McCray questioned the income received from the barrier island contracts. Chief Carter advised it was slightly over $900,000 between Briny Breezes and Ocean Ridge. Vice Mayor McCray was concerned that the firefighters would only be hired for two years, but understood there could be vacancies that arose due to retirement and other reasons. Chief Carter had researched and found that due to mandatory retirement provisions at least eight individuals would be retiring by the end of the grant period. Vice Mayor McCray was pleased that Fire Station #1 would be back in full operation. Mayor Hay emphasized it was grant money that should be accepted and hoped the economy would improve in the two years so the firefighters could remain or the grant be renewed. Vice Mayor McCray offered it was a job well done and moved to approve Proposed Resolution No. R13 -002. Commissioner Taylor seconded the motion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Commissioner Taylor commented he was in favor of accepting the grant monies because it would decrease the response time. Commissioner Holzman noted the request and move by the Commission shows a lack of vision by the Commission. By hiring the individuals and accepting the grant monies, the City would be committed to over $500,000 extra in cost for each year going forward. There are ongoing negotiations with the bargaining units and the impact of the increase in number of firefighters will affect the budget for five, ten, fifteen years forward. There are projects and things that need to be done in the City that there is no money to do such as opening the Library on Fridays or beautifying Seacrest Boulevard and the entryways into the City. He contended accepting the grant was a lack of future vision by the Commission and handcuffing the future Commissions to $500,000 to $1 million a year to ensure the firefighters' presence. The additional firefighters are not needed since the department is operating at a capacity better than five years ago. The response times are currently better than the County and the best in the County. A review of the numbers would not bear out the need for the extra firefighters. Mayor Hay totally disagreed and pointed out the money could not be used for anything other than firefighters. He prayed the need would not arise for a quick response time when any additional time would be unacceptable. Vice Mayor McCray was thinking outside the box and indicated District III did have a fire station, but District II does not have a fire station and there should be representation throughout the entire City. Station #1 should be put back into operation and he favored the motion. Commissioner Segal agreed and it would be short- sighted not to accept the money. If refused, the monies may not be awarded again. The development of the downtown creates a need to have the firefighters in place. He hoped the economy would get better. Ms. LaVerriere offered a few key points on the grant. It is $967,000 over two years to fund seven firefighter positions. The stipulations of any grant are always reviewed and this grant has none. During the two year period the funding is received, the City cannot reduce the firefighter headcount. After the two -year period, the City would not be obligated to continue the funding. The possibility of layoffs after two years was carefully considered. The positions eliminated during the last budget discussion were vacant positions. If a reduction in the force becomes necessary it will be scrutinized well in advance. Vacancies could be held open that saves money. It will be closely monitored so individuals will not be laid off. She felt it was well worth accepting the funding. Commissioner Holzman asked if there was a retirement during the two years and there cannot be a reduction in staff, then the position would have to be filled. Chief Carter replied the positions would have to be filled and there is a process with a reasonable 10 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 amount of time allowed to accomplish it. They could be held open to have a process to fill them, but they cannot be eliminated from the budget. There is no requirement in the grant that openings be filled within a specified time. The openings were the result of an early separation program being offered. The positions had been eliminated from the budget for alittle over a year. Commissioner Holzman confirmed there had been no major incidents or massive accidents in the City that would be related to the Toss of those six firefighters. Commissioner Holzman advised he had used the services of the firefighters and EMTs twice over the past year and they were wonderful. He did not feel extra firefighters were needed. Vice Mayor McCray added that two years of experience on a resume could only be a benefit to the firefighters if they had to leave. Mayor Hay wanted to be assured the firefighters would be told the conditions of their hiring and the eventual possibilities. Chief Carter confirmed the conditions would be made clear to any applicants that the funding would be grant monies. Vote The motion passed 4 -1 (Commissioner Holzman dissenting). B. PROPOSED RESOLUTION NO. R13 -003 - Approve a contract with B & B Underground Contractors, Inc. of Royal Palm Beach, Florida for the Reclaimed Water Main to Galaxy Elementary School project, Bid No. 011 - 2821- 13 /DJL in the amount of $155,642 plus a 10% contingency of $15,564 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $171,206. Vice Mayor McCray wanted Ms. LaVerriere to discuss the fact the reclaimed water would be going into the new Galaxy Elementary School rather than the good water. Ms. LaVerriere pointed out this was another example of intergovernmental cooperation and coordination. When the school was designed the reclaimed water lines did not reach that area and was not available. As a result of discussions with the School District and the developer seeking a LEEDS Platinum designation — only the second in the nation — the cost sharing and possibility of getting reclaimed water to the site was investigated and achieved. Half of the cost to provide reclaimed water to irrigate the entire site will be paid by the School District and half by the City. Vice Mayor McCray wholeheartedly agreed with the request and everything was being done to make Galaxy Elementary a star school in the City of Boynton Beach. Ms. LaVerriere interjected it was also conserving a precious resource to water the lawns. Commissioner Holzman inquired how long it would take to get the reclaimed water all the way to the east side of town and all the communities on the water. Chris Roschek, Engineering Division Manager for Utilities, added that the five -year Capital Improvement Project budget includes monies each year to work on the reclaimed water system. A 11 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 new RFQ was being prepared for the next phase which would include the eastern part. It is now on Seacrest Boulevard and it would be extended to Federal Highway and then to A1A reaching the larger users. The City also receives credit toward the potable water use allocation through the 20 -year consumptive -use permit based on the reclaimed water projects. Commissioner Holzman felt it was a wonderful project yet there should be some consideration for the users and those who pay their water bills, to ensure the same service is available to the residents. He challenged staff to pick up the pace to advance the use of reclaimed water to more residents. Motion Vice Mayor McCray moved to approve Resolution No. R13 -003. Commissioner Taylor seconded the motion. Vote The motion passed unanimously. C PROPOSED RESOLUTION NO. R13 -004 - Approve the purchase of new replacement vehicles as approved in the FY 2012/13 budget in the estimated amount of $3,028,973 and to approve 5 units in the estimated amount of $160,324 for an estimated total of $3,189,297, by utilizing the following contracts; State of Florida Contract #01- 071 - 000 -C, State of Florida Contract #760- 000 -10 -1, City of Venice, FL ITB #2954 -12 -2013, Florida Sheriffs Association Contract #12 -10 -0905, Florida Sheriffs Association Contract #11- 10 -1202, and Florida Sheriffs Association Contract #12 -20 -0905. Mr. Livergood explained the request was to purchase fleet vehicles primarily for the Police Department and Solid Waste Division and other miscellaneous departments. The request is consistent with the budget request and the new fleet administrator came within $27 of the budget submitted. The total purchase is $3,028,973. In addition to the routine replacement there is the purchase of five vehicles for the Police Department that would replace vehicles damaged due to accidents that would be funded through Risk Management and insurance proceeds. The expense is necessary to provide a rolling stock that remains in service. A few years ago, due to budget constraints, the life of the fleet was extended. Last year the expense was alittle over $900,000 and $1.4 million the prior year. The expense was less by design. The budget varies year to year depending on the variety of vehicles to be purchased. The vehicles are purchased from the fleet fund that is money from each of the operating departments set aside to be available to purchase vehicles when necessary. The annual funding from the departments has gone down and is 20% less 12 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 than four years ago. The departments have done a good job extending the life of their vehicles and the mechanics have done a great job maintaining the equipment. The Police Department is anxious to have the 29 squad cars and the Solid Waste Department would appreciate less breakdowns of garbage trucks. Vice Mayor McCray asked how much was spent last year for maintenance and repairs. Mario Guzman, Fleet Manager, quoted a figure of $645,000 over two years for gas and maintenance of garbage trucks. There is also downtime. Vice Mayor McCray stressed the City would be piggybacking off of other contracts. He wanted to know if all 29 squad cars would be purchased at one time. Mr. Livergood responded they would be purchased as the current model year and through several vendors, during the fiscal year. Commissioner Taylor commended those who worked on the vehicles to extend their life for two years. It was important to the City while undergoing tough fiscal times. The new vehicles will help to decrease the cost of fuel and maintenance to generate a savings to offset the cost of purchasing new vehicles. Motion Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Commissioner Segal inquired about the disposition of the vehicles being replaced. Mr. Livergood responded they are sold at auction and the salvage value goes back into the fleet replacement fund. The replacement fund is projected out 25 years to make sure the money contributed and actual expense is correct. Vote The motion passed unanimously. D. Award the "TWO -YEAR BID FOR DUMPSTER REPAIRS ", Bid #018 -2515- 13 /JMA to IES Sales and Service, LLC of Opalocka, Florida for a two (2) year period to be utilized on an "AS NEEDED BASIS" with an estimated expenditure of $140,000 for the two year period. Bid provides for two (2), one (1) year extensions. Motion Vice Mayor McCray moved to approve. Commissioner Taylor seconded the motion. Vote The motion passed unanimously. 13 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 13 -001 - FIRST READING - Approve the historic designation application for the Boynton High School located at 125 East Ocean Avenue, Boynton Beach Attorney Cherof read Proposed Ordinance No. 13 -001 by title only on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the role. The vote was 5 -0. B. PROPOSED RESOLUTION NO. R13 -005 - Approve amendment to the Neighborhood Stabilization Program 3 (NSP3) to expand target areas and revise financing mechanism for Ocean Breeze subdivision Attorney Cherof read the title of Resolution No. R13 -005. Motion Vice Mayor McCray moved to approve. Commissioner Taylor seconded the motion. Mayor Hay opened the issue for public hearing. No one coming forward, Mayor Hay closed public hearing. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT 14 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 None 11. UNFINISHED BUSINESS A. Discussion of incentives for the OId High School (This item was added to the agenda) Ms. LaVerriere recalled the purchase agreement had been adopted in December 2012 and only needs one more signature. The developer's agreement would be brought to the Commission on February 5 To complete the agreement, any incentives to be offered to the developer would have to be outlined in the developer's agreement. A cost estimate of fees including permit fees, impact fees and other fees associated with the County and City amount to approximately $500,000. The information was shared with Mr. Contin. Juan Contin, 826 S. Federal Highway, Lake Worth, thanked staff for their cooperation and advised the project was on track with the outlined progress. He was pleased with the work done by Historic Preservation and the Development team in general. The Old High School has not been developed in years mainly due to financial hurdles. There was an RFP that no one answered because of issues involving incentives. The issue was offering an amount of rent to attract businesses to the OId High School. The figure would be 10% of the entire construction budget. There was an assumption that the City would partner with the developer and assume the fees. Another factor was it would greatly affect the ability to raise financing. Mr. Carras would provide any type of report or expert witness who could explain the impact on the development. It would be necessary to offer substantial discounts of at least 20% on the rents to attract businesses to a zone that is not active. Mr. Contin was willing to get creative to find ways to reduce the fees. In other projects the CRA had assumed some of the fees. He had not asked the CRA for any assistance and the project is in the CRA district. Another idea was to swap out time in the building with the City during the day. He stressed the cost would greatly affect the development of the building. Mayor Hay wanted a definitive request from Mr. Contin. Mr. Contin requested the City assume all of the cost. Half of the fees were directly attributed to the City. He had already contributed the Art fee. Mr. Contin wanted incentives to cover as much as possible of the fees. Commissioner Holzman calculated if the Art fee was deducted, the City fees would be $194,000. It is not real money that the City would be expending, rather dollars that could have been received that are waived. Commissioner Holzman wanted to develop the project at the least cost possible to the citizens. He did not feel the City could assist the developer with the other $253,000 that should be discussed with the County. 15 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Commissioner Holzman would agree to waive the $194,000. He recalled the original RFP had contemplated waiving the fees. Ms. LaVerriere advised the initial RFP more than a year ago garnered no responses. Several months later, Mr. Contin and his group expressed interest. It was not a in response to the RFP, but it is policy direction the Commission established. Some items were the sale or lease of the land to provide to the developer and that issue was being addressed in the purchase agreement and developer agreement. Onsite parking requirements were a consideration and may be an incentive to assist the developer. There would be rezoning and land use changes that would need to be made and those changes would be initiated by the City at no cost to the developer. A potential waiver of permit fees was contemplated up to $100,000. The Public Art fee was not waived and was needed to preserve the public art component. The art could be built into the construction aspect of the building so it would not be an actual $45,000 fee. Ms. LaVerriere cautioned there are no monies budgeted for the project in terms of incentives. If it is decided to assist with permit fees, it is.a hard transaction according to law. The permit fees have to be paid and will have to be a budgeted transaction, but the monies not collected. Attorney Cherof advised the term waiver is a misnomer. There is a transfer of the fee obligation or an acceptance of the fee obligation by the City. It gets paid because it impacts other fees and reduces the possibility of a challenge that the fees are not consistent for all developers. Commissioner Holzman summarized that the $100,000 originally contemplated was not a line item in the budget. He inquired if all the fees would be realized in this budget year. Ms. LaVerriere responded 30% of permit fees are collected at the beginning of construction and then graduated as construction progresses. They would be collected in the next two years. Mr. Contin had discussed when the fees would be payable and the 30% would be due at the start of construction in August or September this year. Attorney Cherof interjected there was an additional element. The draft development agreement makes a provision for the allocation of the fees in conjunction with closing contemplated for July. At closing, the remainder of the fees will be due. If the provisions are changed the language of the draft development order would need to be changed. Commissioner Holzman concluded there was $194,000 of fees due on the project. Of those fees, $60,000 would be due this fiscal year and $134,000 due next fiscal year. Commissioner Holzman favored transferring $60,000 to the developer and pushing the other $134,000 into next year. The money would be well spent for a project that has been ongoing for over fifteen years to develop the downtown. It would be the first step in the right direction. 16 Meeting Minutes Regular City Commission Boynton Beach, FL Mayor Hay was in favor of capping the money at $100,000, but he could support the $60,000 this year and then $134,000 next year. He wanted the City to show due diligence behind the project, but the remainder of the financing has not be established. Mr. Contin was working on the financing. To date, $1.2 million had been raised and he was on schedule with the development package. Mr. Contin believed the financing would be secured. Vice Mayor McCray did not understand why Mr. Contin had not anticipated the fees since he had done other projects in the area. Mr. Contin indicated he had never included fees in his pro forma. Vice Mayor McCray viewed that as Mr. Contin's mistake. Mr. Contin countered the fees were not included as part of their cost. Commissioner Taylor remembered it was anticipated from the beginning the project would cost $4 million to $6 million which may be low at this time. He had no problem supporting a plan with any developer who would arrive with the financial backing. However, Mr. Contin is now asking the City to pay $100,000 to cover his permit fees. He did not know where the money would be budgeted and would take money from another project. It would also set a precedent for future developers to get their permit fees waived. Commissioner Taylor questioned if the permit fees were a problem, the source of future financing was questionable too. He did not favor the City paying any permit fees for the project. Commissioner Holzman asked about the safety nets in place relating to the financing and dates requiring the financials to be available. If the financing was not in place there would never be a closing on the purchase agreement. Attorney Cherof concurred with Commissioner Holzman's assessment. If the financing was not obtained there would be no transaction. Commissioner Taylor interjected if the financing is available the Commission would have committed the City to pay $100,000 in permit fees. Motion Commissioner Holzman moved to pay the $60,000 at the closing and then $100,000 the next budget year. Attorney Cherof cautioned there is an election in March and it was not only unusual, but also not appropriate to bind a Commission to lock in an amount for the next budget year. The budget discussion has to be in conjunction with the budget. A tentative understanding could be reached to have the City Manager return a budget that includes the amount as opposed to pre - approval of a budget item not before the current Commission. Commissioner Holzman moved to approve. Ms. LaVerriere remarked for clarification it would be a good idea to discuss each of the fees and decide who would pay each fee. There were several other items and it was 17 January 15, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 important that Mr. Contin understood the timing of some fees such as water and sewer fees that had to be paid. The land use and rezoning fees were included in the estimate so those $1,700 fees could be eliminated. There was a $3,000 plat fee that the developer will be paying. Vice Mayor McCray interrupted and wanted to know when Mr. Contin would be going to the County to discuss those fees because it is $253,924.61. He stressed Mr. Contin had assumed he would not be paying those fees. Mr. Contin advised the fees had not been brought to his attention until last week and he could call the County as soon as possible. Ms. LaVerriere pointed out for everyone's information that the City had taken a pre- emptive action to provide the information. It was normally something a developer would ask for during the pre - application process. It was not a surprise. It was important to note the permit fees of $103,000 is one item. The $45,000 art fee cannot be eliminated. Mayor Hay was feeling uncomfortable with the progress and suggested the matter should be tabled and give the City Manager time to bring back a concrete package. Ms. LaVerriere asserted it was a question what level the City wanted to assist to offset the costs for the developer. There is no more research to be done. Mayor Hay stood by the commitment and package of $100,000 being a cap. Commissioner Holzman returned to the fact the Commission could not bind the future budget. By allotting $60,000 at closing, the remainder could be discussed for next fiscal year. Mr. Contin should know by then if he has the funding available. If not, the Commission can look for another project. There are only two more months before Mr. Contin has to reveal his financing. Attorney Cherof commented, based on the scenario of the motion, the issue with regard to anything above $60,000 would come back in the budget hearings. Mayor Hay understood Commissioner Taylor's concern with setting a precedent, but each application would have to be viewed separately. A new Commission after the election could change the entire dynamics of the discussion. Commissioner Taylor added the City was giving the developer the building and surrounding lots. It was somewhat unbelievable that a developer would assume the City would be paying all the permit fees. The industry standards on any project include payment of the permit fees and Mr. Contin does not have that financing secured, let alone funding for the entire project. It was Commissioner Taylor's position the City had done enough with the land and building. He could not support more expense to the City. Vice Mayor McCray wanted to know what Palm Beach County would do about their fees. The fees should have been included in the total financing from the beginning 18 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 rather than breaking it out. He agreed with Commissioner Taylor that too much had already been given up by the City. Vice Mayor McCray pointed out the letter relating to funding had not been given to the Commission. Mr. Contin offered Mr. Carras would be willing to meet with the Commission and provide any information needed. Vice Mayor McCray inquired if tabling the matter until more financial information could be provided would delay the process. Ms. LaVerriere suggested the $60,000 option may be possible, but would require a budget amendment. The risk would be if the rest of the financing is not in place by the end of July, the process would halt. Motion Vice Mayor McCray moved to table to February 5, 2013. Vote The motion passed unanimously. 12. NEW BUSINESS A. Discuss the Mayors Against Illegal Guns Letter Ms. LaVerriere noted the initiative is from a non - profit throughout the nation, wanting all Mayors to sign off on a plan to improve regulations regarding purchase of guns. There should be consensus from the Commission before the letter is signed by the Mayor. It is not a commitment in any way. Mayor Hay and the City Manager had a conference call discussion with over 700 Mayors on how to deal with illegal guns and requested the Commission support the Mayor signing the letter for the initiative. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -025 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Sophie Amichai House located at 229 SW 1st Avenue, Boynton Beach 19 Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Attorney Cherof read Proposed Ordinance No. 12 -025 by title only on second reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 12 -026 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Oscar Magnuson House located at 211 East Ocean Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 12 -026 by title only, on second reading. Motion Vice Mayor McCray moved to approve. Commissioner Taylor seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. Commission policy guidance regarding prosecution or dismissal of City cross claims when main foreclosure action is dismissed. Attorney Cherof explained when the City is involved in a foreclosure action with respect to a SHIP or CDBG mortgage, the policy has been to cross claim. It was done in the hopes, if the mortgage foreclosure proceeds, the City would be next in line to receive some funds. The issue arises when workouts are being done after the foreclosure is started and the lender drops the foreclosure. There is a potential cross claim pending even though it was initiated by the bank. The issue would be whether the cross claim should be dropped if the bank drops the initial foreclosure action. The trigger for the cross claim would be the default on the first mortgage. Once it is cured and there is no longer a default in the view of the lender, the reason for the City's foreclosure would be gone. Usually the property owner remains in their property and honors the terms of the grant supported by the mortgage. The City would be doing more harm to the individual at that point. 20 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Holzman asked if the City was negotiating their claim in the foreclosure and discussions with the lender. Attorney Cherof noted the City's claim was secondary and the default of the City's interest was the main foreclosure filing. If it is resolved, the City is not involved in the negotiating, because the property is restored to the owner. The City's interest remains the same with the lien interest intact. Commissioner Holzman contended if a foreclosure is filed, the City should keep the claim going and negotiate with the borrower. Attorney Cherof recommended the City negotiate to recover whatever fees or costs are associated with the cross claim. Motion Commissioner Holzman moved to approve the recommendation. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. D. Approval of ordinances amending Charter consistent with previous Commission direction: TABLED ON DECEMBER 18, 2012 Motion 21 January 15, 2013 Vice Mayor McCray moved to remove from the table. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. PROPOSED ORDINANCE NO. 12 -020 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; Attorney Cherof read Proposed Ordinance No. 12 -020 by title only, on second reading. Meeting Minutes Regular City Commission Boynton Beach, FL January 15, 2013 Motion Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. PROPOSED ORDINANCE NO. 12 -021 - SECOND READING - PUBLIC MEETING - Amending the Charter to allow a City Commissioner to retain office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; Attorney Cherof read Proposed Ordinance No. 12 -021 by title only, on second reading. Motion Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. PROPOSED ORDINANCE NO. 12 -022 - SECOND READING - PUBLIC HEARING - Amendments to current City Charter Section 19 regarding term limits; increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; Attorney Cherof read Proposed Ordinance No. 12 -022 by title only, on second reading. 22 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner Taylor moved to approve. Commissioner Holzman seconded the motion. Mayor Hay opened the issue for public hearing. David Katz, 67 Midwood Lane, had served on the Charter Review Committee and noted the change was not a recommendation of the Committee. It had been pushed forward by the suspended Mayor, Commissioner Ross who resigned and Commissioner Holzman. An appointee of the suspended Mayor pushed for the change. Change in term limits have been defeated in the City on many occasions. The City has experienced difficult issues with the Commission and this would be a divisive issue that the media would report and shed poor light on the City of Boynton Beach again. Mr. Katz did not feel the issue should be on the ballot at this time. In the past, the current Commission could not benefit from the change if passed by the voters. If the Ordinance is passed, it should at least include language that the current Commission be excluded. Commissioner Holzman corrected the record that he was the only Commissioner who voted against the Proposed Ordinance. David Merker, 8 Southport Lane, was against term limits because the municipal election was non - partisan. It is the idea that intelligent voters should reward the public officials who are doing a good job. The formation of parties on issues is not available. People can vote independently. The past problems with elected officials have nothing to do with term limits. If the individual does wrong, he or she should be punished. If an elected official does a good job, they deserve to be reelected. No one else coming forward, Mayor Hay closed public hearing. Commissioner Segal thought in this instance that the Charter Review Committee, made up of citizens, did not propose this change and based on the past problems with elected officials, the change is ill advised and bad timing. Usually the public decides if an individual stays in office. In 2010 voter turnout was less than 13 %. He favored not changing the charter in this regard, at this time. Vote City Clerk Prainito called the roll. The vote was 2 -3 (Vice Mayor McCray, Commissioner Holzman, Commissioner Segal dissenting). PROPOSED ORDINANCE NO. 12 -023 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non - substantive language, correction of 23 January 15, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL Attorney Cherof read Proposed Ordinance No. 12 -023 by title only, on second reading. Motion Commissioner Taylor moved to approve. Commissioner Holzman seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. Attorney Cherof read Proposed Ordinance No. 13 -002 by title only, on first reading. He pointed out this was the new Charter amendment as directed at the last meeting. The effective date of the Charter amendment includes the standard language of being effective immediately. Most Charter amendments that affect the election or outcome of the election are deferred and take place the election following the time they are adopted at referendum. The language may need to be clarified during first and second reading. Motion January 15, 2013 grammatical and punctuation errors, deletion of provisions which are superseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. E. PROPOSED ORDINANCE NO. 13 -002 - FIRST READING - Amending Sections 17 and 139 of the Charter consistent with Commission direction Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Commissioner Holzman was against the change. It saves the City money when there are multiple candidates with a 13% voter turnout and makes the 35% necessary. If the Commission decided to approve the Ordinance he offered a substitute motion. Motion Commissioner Holzman moved to change the language to include that a run off election at the cost of $60,000 for Mayor and approximately $30,000 for a Commissioner, should neither candidate, or any candidate receive 50% plus 1 of the vote cast. 24 Meeting Minutes Regular City Commission Boynton Beach, FL The language would be clear for the voter to understand that if no one receives 50% plus 1 of the vote then a runoff election at the cost of $60,000 for Mayor and $30,000 for a Commissioner would be needed. Attorney Cherof advised a disclosure could be added to state the cost of runoff elections. There were several comments that the figures may not be accurate. Ms. LaVerriere added the policy changes when the Supervisor of Election establishes the interlocal agreement for each municipality. It is a rough estimate. Commissioner Holzman suggested the words "approximate" or "estimated" could be added. He supported transparency and the voters should be advised of the costs. Mayor Hay felt Commissioner Holzman contradicted his previous position on the need for a special election. He did not feel the language on cost needed to be included. Commissioner Holzman questioned if Mayor Hay felt the citizens did not deserve the right to know the cost of a runoff. Vice Mayor McCray was sure the newspaper would publish the cost. It was not necessary to be in the Charter. Mayor Hay declared the substitute motion died for lack of a second. Vote 14. FUTURE AGENDA ITEMS A. Old High School Development Agreement - 02/05/13 B. Hear update from Christ Fellowship Church regarding their move into Boynton Beach Mall - 02/05/13 C. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD D. Report from Police Department on City -wide crime statistics - 02/05/13 E. Seaborne Cove Development traffic update - 02/05/13 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GU LFSTREAM" January 15, 2013 City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Holzman dissenting). 25 Meeting Minutes Regular City Commission Boynton Beach, FL Those present recited the brand promise statement. 16. ADJOURNMENT There being no further business to come before the Commission, Mayor Hay adjourned the meeting at 8:31 p.m. ATTEST: M. Prainito, MMC Clerk ith A. Pyle, CM puty City Clerk kni • PA,LA, 26 CITY OF BOYNTON BEACH Woodro ack Mc Cray, Vice Mayor Co Steven Holz an, Commissioner Wayn egal, Co issner January 15, 2013