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Minutes 12-16-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, DECEMBER 16, 2008 Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow L. Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:31 p.m. Reverend Fitch being unavailable, Commissioner Woodrow Hay offered the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Ron Weiland. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor pulled from the Consent Agenda, Item G. He also asked to add approval for a donation of $1,000 from his Community Investment Funds for the Oceanfront Concert Series as Consent Agenda Item J. The program needed $1,700. Commissioner Ross inquired if Item IX.A. could be discussed after XII.C.1 since one could have a bearing on the other. Vice Mayor Rodriguez requested Item VI.B.3 be pulled for discussion. Commissioner Hay also had discussion for Item VI.B.3 and asked to pulled Item I for discussion. 2. Adoption Motion Commissioner Ross moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross complimented the Fire Department and Chief Bingham on their Holiday party held at Benevenuto's. Mayor Taylor and Commissioner Hay had also attended. Mayor Taylor commended Chuck Magazine, Risk Manager, for publishing the award winning newsletter of Palm Beach County. He also read a letter from Louise A.D. Jones, an attorney, complimenting the Boynton Beach Police Department on their competency and sensitivity in handling her client's case involving domestic violence. The officers involved were Officer. C. Harris and Officer Gilbert, along with the Victim's Advocate, Muriel Waldmann. Mayor Taylor also read a letter and citation from the 101 st Airborne Division AASL T, Delta Company 2/327 thanking the citizens and City of Boynton Beach for their generosity and support. A flag flown over the Joint Security Station, LOVE, in Iraq, was given to the City and presented to Carisse LeJeune, Assistant to the City Manager. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: 1. Sand Sifters Beach Cleanup & Pie Eating contest to be held on Saturday, January 3, 2009, 8 a.m. to 10:30 a.m. at Oceanfront Park. Clean the beach with the Sand Sifters and then receive a free slice of pie celebrating "National Pie Day". Jody Rivers, Park Superintendant, announced the Sand Sifters next cleanup to be held on January 3, 2009 using the theme "Beautify Eat a Pie". The event would include a pie eating contest along with the beach cleanup. C. Presentations: 1. Proclamations None IV. 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> 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Herb Suss, 1711 Woodfern Drive, reviewed his visit to Galaxy Elementary School and reported on the children learning about Hanukah, Christmas and Kwanzaa. He urged citizens to volunteer at the schools and help the children learn. Don Scantlan, 13 Cedar Circle, thanked the citizens for their support of the Delta Demons. He requested an update on the Meadows Park project. Mayor Taylor indicated the Commission had voted to proceed with the park. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Motion Commissioner Ross moved to remove the appointments from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Hay explored the openings and applicant' list that had been provided to better understand the process. Commissioner Ross questioned why alternates were needed. Mayor Taylor explained alternates were used to establish a quorum for each meeting to conduct business. Appointment To Be Made Board Length of Term Expiration Date IV Mayor I II III IV Ross Taylor Weiland Hay Rodriguez Ross Arts Commission Arts Commission Arts Commission Arts Commission Arts Commission Arts Commission Reg Reg Reg Reg Alt Alt 3 yr term to 12/11 3 yr term to 12/11 3 yr term to 12/11 3 yr term to 12/11 1 yr term to 12/09 1 yr term to 12/09 Commissioner Ross appointed Nubia Richman. Mayor Taylor appointed Cheryl Arflin. Commissioner Weiland appointed Barbara Lentz. Commissioner Hay appointed Anderson Slocombe. Vice Mayor Rodriguez appointed Donn Davenport. Commissioner Ross appointed Dana Cook. Motion Commissioner Hay moved to approve the appointments. Commissioner Weiland seconded the motion. The motion passed unanimously. IV Ross Mayor Taylor Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Reg 3 yr term to 12/10 3 yr term to 12/11 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 I III II Weiland Rodriguez Hay Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Alt Alt 3 yr term to 12/11 1 yr term to 12/08 Tabled (3) 1 yr term to 12/09 Commissioner Ross appointed Michael Bessell. Motion Motion to approve the appointment passed unanimously. I Weiland II Hay Mayor Taylor Cemetery Board Cemetery Board Cemetery Board Reg Reg Alt 3 yr term to 12/11 3 yr term to 12/11 1 yr term to 12/09 Tabled (2) Commissioner Weiland appointed Dale Hatch. Commissioner Hay appointed Karilyn Norem-Hohner. Motion Motion to approve the appointments passed unanimously. II III I Mayor Hay Rodriguez Weiland Taylor Code Compliance Board Code Compliance Board Code Compliance Board Code Compliance Board Reg Reg Alt Alt 3 yr term to 12/11 3 yr term to 12/11 1 yr term to 12/09 Tabled (2) 1 yr term to 12/09 Tabled (3) Commissioner Hay appointed Michele Costantino. Vice Mayor Rodriguez appointed Richard Yerzy. Motion Motion to approve the appointments passed unanimously. III Rodriguez Community Relations Board Reg 3 yr term to 12/11 IV Ross Community Relations Board Reg 3 yr term to 12/11 Mayor Taylor Community Relations Board Reg 3 yr term to 12/11 II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/09 Vice Mayor Rodriguez appointed Brian Miller. Commissioner Ross appointed Judy Immer. Mayor Taylor appointed Stanley Sorgman. Commissioner Hay appointed Lloyd McCoy. Commissioner Weiland appointed Floyd Zonenstein. Motion Commissioner Hay moved to approve all appointments. Commissioner Ross seconded the motion. The motion passed unanimously. 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 II III IV I Mayor I II III Hay Rodriguez Ross Weiland Taylor Weiland Hay Rodriguez Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board 2 yr term to 12/10 2 yr term to 12/10 2 yr term to 12/10 1 yr term to 12/09 Tabled (2) 1 yr term to 12/09 1 yr term to 12/09 1 yr term to 12/09 1 yr term to 12/09 Reg Reg Reg Alt Alt Stu Stu Stu N/V Commissioner Hay appointed Carol Lunquist. Vice Mayor Rodriguez appointed Hattie Miller. Commissioner Ross appointed Paulette Ford. Commissioner Weiland appointed Robert Chiste. Commissioner Hay appointed Lisa Pierre. Motion Vice Mayor Rodriguez moved to approve the appointments. Commissioner Weiland seconded the motion. The motion passed unanimously. IV Ross Golf Advisory Committee Reg 5 yr term to 6/13 Commissioner Ross appointed Herb Suss. Motion Commissioner Hay moved to approve the appointment. Commissioner Ross seconded the motion. The motion passed unanimously. IV I II III Mayor IV Ross Weiland Hay Rodriguez Taylor Ross Library Board Library Board Library Board Library Board Library Board Library Board Reg Reg Reg Reg Alt Alt 3 yr term to 12/09 3 yr term to 12/10 3 yr term to 12/11 3 yr term to 12/11 1 yr term to 12/09 1 yr term to 12/09 Commissioner Ross appointed Jeanne Taylor. Commissioner Weiland appointed Dan Holthouse. Commissioner Hay appointed Barbara McGee. Vice Mayor Rodriguez appointed John McGovern. Mayor Taylor appointed Martin Helo. Commissioner Ross appointed Diane Lawrence. Motion Commissioner Ross moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. III IV Rodriguez Ross Planning & Development Board Planning & Development Board 2 yr. term to 12/10 2 yr. term to 12/10 Reg Reg 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Mayor I II Taylor Weiland Hay Planning & Development Board Planning & Development Board Planning & Development Board Reg Alt Alt 2 yr term to 12/10 1 yr term to 12/09 1 yr term to 12/09 Vice Mayor Rodriguez appointed Jeff Lis. Commissioner Ross appointed Shirley Jaskiewicz. Mayor Taylor appointed Roger Saberson. Commissioner Weiland appointed William Poznak. Commissioner Hay appointed Amber Barritt. Motion Commissioner Hay moved to approve the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. IV II III IV Mayor II Ross Hay Rodriguez Ross Taylor Weiland Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Recreation & Parks Board Reg Reg Reg Reg Alt Alt 3 yr term to 12/09 Tabled (2) 3 yr term to 12/11 3 yr term to 12/11 3 yr term to 12/11 1 yr term to 12/09 1 yr term to 12/09 Commissioner Ross appointed Elizabeth Pierce-Roe. Commissioner Hay appointed David Barie. Vice Mayor Rodriguez appointed Robert Lapin. Commissioner Ross appointed Jon Allard. Motion Commissioner Ross moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Taylor Senior Advisory Bd Reg I Weiland Senior Advisory Bd Reg II Hay Senior Advisory Bd Reg III Rodriguez Senior Advisory Bd Reg IV Ross Senior Advisory Bd Reg Mayor Taylor Senior Advisory Bd Alt I Weiland Senior Advisory Bd Alt 2 yr term to 12/10 2 yr term to 12/10 2 yr term to 12/10 2 yr term to 12/10 2 yr term to 12/10 1 yr term to 12/09 1 yr term to 12/09 Mayor Taylor appointed Bernice Begleiter. Commissioner Weiland appointed Lillian Bruzzese. Commissioner Hay appointed Denise Chamberlin. Vice Mayor Rodriguez appointed Virginia O'Connell. Commissioner Ross appointed Betty Spinelli. 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Motion Commissioner Hay moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor II I III IV Mayor Taylor Hay Weiland Rodriguez Ross Taylor Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Reg Reg Alt Alt Alt Alt 3 yr term to 12/11 3 yr term to 12/11 1 yr term to 12/09 1 yr term to 12/09 1 yr term to 12/09 1 yr term to 12/09 Mayor Taylor appointed Lester McKinzie. Commissioner Hay appointed Stuart Preston. Commissioner Weiland appointed Stanley Gavlick. Vice Mayor Rodriguez appointed Richard Smith. Motion Commissioner Hay moved to approve the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Taylor I Weiland Firefighters' Pension Trust Fund Firefighters' Pension Trust Fund 2 yr term to 12/10 2 yr term to 12/10 Reg Reg Mayor Taylor appointed Robert Taylor. Commissioner Weiland appointed Larry Schone. Motion Commissioner Hay moved to approve the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Taylor I Weiland Police Officers' Retirement Trust Fund Police Officers' Retirement Trust Fund 2 yr term to 12/10 2 yr term to 12/10 Reg Reg Mayor Taylor appointed Toby Ahtol. Commissioner Weiland appointed Jason L1opis. Motion Commissioner Hay moved to approve the appointments. Commissioner Ross seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of 7 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - December 2, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award "CO-OP BULK QUICKLIME, Bid #005-2821-09/JA to CHEMICAL LIME, INC. of Lakeland, FL with an estimated expenditure of $250,000 for the City of Boynton Beach Utilities Department. 2. Approve the "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE UNKS AT BOYNTON BEACH GOLF COURSE", BID #003-2910-09/JA, with CLEANING QUALITY SERVICES OF US CORP. of Hollywood, FL for contractual services in the amount of $1,956 per month with an annual expenditure of $23,472. (Proposed Resolution No. ROB-142) 3. Approve a piggy-back of RFP #B-06-18, Town of Davie with R&S Integrated Products and Services of Lakeland, FL for an Agenda Automation Workflow Software in the amount of $40,455 and $4,375 for the Community Redevelopment Agency as an additional meeting body, to include software support and annual maintenance for a total expenditure of $44,830. (Proposed Resolution No. ROB-143) Vice Mayor Rodriguez and Commissioner Hay pulled Item VI.B.3 for discussion. 4. Multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT", Bid #001-1412-09/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated expenditure of $31,000. C. Resolutions 1. Proposed Resolution No. R08-144 RE: Approving and authorizing execution of an Agreement with the Arts and Culture Group, Inc. to implement Jaycee Park Interpretative Public Art Markers, Phase 1, as part of Recreation and Parks commitment to public art in the project. The cost to implement Phase 1 is $44,875. 2. Proposed Resolution No. R08-145 RE: Approving and authorizing execution of an Agreement with Montoya Sculpture & Supply to implement Fire Station #5 Public Art components. The cost is $12,651 for the functional public art components. 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 3. Proposed Resolution No. R08-146 RE: Accepting the report from the Affordable Housing Advisory Committee. 4. Proposed Resolution No. R08-147 RE: Approving and authorizing execution of a First Amendment to the Interlocal Agreement (ILA) between the City of Boynton Beach and South Central Regional Wastewater Treatment and Disposal Board entered into on November 3, 2004. The First Amendment modifies Article 2 - Scope of Services by adding paragraph 2.11, which permits the City to collect a specified amount for benefit consulting fees. 5. Proposed Resolution No. R08-148 RE: Approving and authorizing execution of an Interlocal Agreement (ILA) with the City of Lake Worth and Hypoluxo Shoppes, Inc., regarding the provision of sewer service to parcels of land outside of the City of Boynton Beach Utilities Service Area. 6. PropoSed Resolution No. R08-149 RE: Approving the assessment of the cost of nuisance abatement on properties within the City of Boynton Beach. 7. Proposed Resolution No. R08-150 RE: Approving and authorizing execution of an agreement to designate the following banks as additional depository institutions for funds of the City of Boynton Beach: RBC Bank (USA), TD Bank, N.A., 1st Community Bank of America, and CNLBank D. Approve the release of Performance Bond # FS3866824, issued by Great American Insurance Company for Quantum Park and Village for the right-of-way work on Gateway Blvd. E. Accept the written report to Commission of purchases over $10,000 for the month of November 2008. F. Approve purchase of new and replacement vehicles as approved in the FY 08/09 Budget in the amount of $2,570,626. G. Approve the City of Boynton Beach FY2007-2008 Annual Grants Report. Mayor Taylor pulled Item VI.G. for discussion. H. Approve the release of the 10% balance of the original letter of Credit #11184 for the Boynton Beach Village Marina issued by City National Bank. 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 1. Approve the purchase of 10 In-Car Video Camera Systems, to be placed in the Chevrolet Impala Patrol Cars, from Digital Ally, Inc., in the amount of $41,250. Commissioner Hay pulled Item VLI for discussion. J. Authorize the use of $1,000 for the Oceanfront Concert Series from Mayor Taylor's Community Investment Funds. (This item was added to the agenda by previous motion.) Motion Commissioner Ross moved to approve the Consent Agenda as amended with the exception of those items pulled for discussion. Commissioner Hay seconded the motion. The motion passed unanimously. V1.B.3 Approve a piggy-back of RFP #B-06-18, Town of Davie with R&S Integrated Products and Services of Lakeland, FL for an Agenda Automation Workflow Software in the amount of $40,455 and $4,375 for the Community Redevelopment Agency as an additional meeting body, to include software support and annual maintenance for a total expenditure of $44,830. (Proposed Resolution No. ROB- 143) Vice Mayor Rodriguez questioned how the Community Redevelopment Agency share would be re- allocated back to the City. Ms. LeJeune advised the Community Redevelopment Agency would be invoiced for payment. Commissioner Hay inquired if a demonstration could be presented. Phyllis Koch, ITS Director, indicated arrangements could be made for a demonstration. Attorney Cherof advised he had accessed the Davie system offline and similar arrangements could be made. Commissioner Hay wanted an opportunity to see the product and ask questions. Commissioner Ross concurred that a demonstration would be helpful. Mayor Taylor and Commissioner Weiland did not feel a demonstration would be helpful. Vice Mayor Rodriguez inquired if an implementation and testing phase would be utilized. It was decided that the contract could move forward and Commissioners Hay and Ross could view the program and present any questions or concerns they may have to the Commission. Motion Vice Mayor Rodriguez moved to approve Item V1.B.3. Commissioner Hay seconded the motion. The motion passed unanimously. V1.G. Approve the City of Boynton Beach FY2007-2008 Annual Grants Report. Mr. Bressner indicated the Grants Team had been very successful in securing grants that ultimately had a positive effect on the bottom line for the City. 10 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Debbie Majors, Grants Coordinator, reviewed the composition and responsibilities of the Grants Team to research, apply and manage grants. The last fiscal year saw 20 new grant applications submitted totaling $1.6 million. Grants awarded totaled 21 for almost $4 million. The Federal, State and local grants totaling $1.7 million were for closed out projects. Management of a grant can be staff intensive. Two departments were responsible for a majority of the grants, being the Police Department and Recreation and Parks Department. Sgt. Suzanne Gitto and Jody Rivers, Parks Superintendent, managed many grants concurrently. The allocation of $2.9 million from Housing and Urban Development for the Neighborhood Stabilization Program was significant and Ms. Majors commended Octavia Sherrod and her staff for their efforts to create a program to utilize the funding. The 2009 focus would be on legislative changes at the State and Federal level focusing on sustainability issues. Ms. Majors thanked the Commission for their support and hoped the Grants Team had continued success. Mayor Taylor and Mr. Bressner commended Ms. Majors for a job well done. Motion Commissioner Ross moved to approve Item G. Commissioner Weiland seconded the motion. The motion passed unanimously. V!.!. Approve the purchase of 10 In-Car Video Camera Systems, to be placed in the Chevrolet Impala Patrol Cars, from Digital Ally, Inc., in the amount of $41,250. Commissioner Hay questioned how the effectiveness of the program was being measured and the long term goal. Chief Immler responded the units were in most of the cars and the request was for replacement cameras. Cameras had been installed in the cars for seven years. Mr. Bressner added the cameras were very valuable resources for reconstruction of officer performance or documenting field conditions resulting in police actions. Motion Commissioner Hay moved to approve Item V!.!. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VIJ. Authorize the use of $1,000 for the Oceanfront Concert Series from Mayor Taylor's Community Investment Funds. (This item was added to the agenda by previous motion.) Kathy Biscuiti, Special Events Director, explained there was a five concert series, January through May on the third Friday. Hundreds of residents have attended the free concerts over the past eight years. Since the Oceanfront Park is outside the Community Redevelopment Area, Community Redevelopment Agency funds cannot be used to fund the events. The total cost per concert is approximately $2,000 or $10,000 for the series. Mayor Taylor noted sponsorships are being sought; however, the January concert requires immediate funding. Ms. Biscuiti emphasized funding sources are limited. 11 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Commissioner Ross agreed to donate $700 and Commissioner Hay authorized $300. Vice Mayor Rodriguez questioned if the use of the funds for such an event would be appropriate. Attorney Cherof advised it had to be a project or property that benefits all members of the community or is open to participation to all members of the community. This series of concerts would qualify. Motion Commissioner Hay moved to add and approve a donation of $700 from Commissioner Ross's Community Investment Funds and $300 from his Community Investment Funds. Commissioner Ross seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Consider options on disposal of the 1927 Old High School - (Tabled on December 2, 2008) B. Consider the relocation of the City Public Works Compound at the suggestion of New Urban Communities and provide direction to City Staff on whether or not to continue exploratory negotiations with New Urban Communities or to advise new Urban Communities that the City is not interested in the proposal. Jeff Livergood, Director of Public Works and Engineering, indicated a meeting with the developer to change the land use of the property from residential to industrial had taken place. It was suggested to the developer that an option may be for the City to purchase the property, lease the property, lease/purchase, developer construction of a facility for the City or any other option that could address the long term needs of the City for a Public Works compound. The developer did express an interest to move forward quickly. Mr. Livergood expressed his opinion that the Department overall did an outstanding job from the current facility to service the City and its residents. The facility is not perfect though. However, the existing compound is located in a residential area and relocation has been 12 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 discussed in conjunction with the Heart of Boynton redevelopment. The land would have value along Martin Luther King Boulevard. He stressed that relocation of the Public Works compound is not for the needs of the Public Works Department. Long range the need may be more apparent. There may be an opportunity to enter into negotiations and discussions with New Urban Communities to assess the feasibility of a change. Funding had not been budgeted and Community Redevelopment Agency contribution had to be considered. The economy may not be conducive to increases in budgets; however, bid prices are outstanding and loan prices are excellent. Now would be an ideal time for constructing capital infrastructure. The issue was brought before the Commission for direction. Mayor Taylor had viewed the site and noted the market is for buyers rather than sellers. He perceived relocating the Public Works compound would enhance the marketability of the Heart of Boynton as residential. The site would offer the options of future growth for the Public Works compound and a storage facility for the Police Department. Mayor Taylor agreed with further negotiations. Vice Mayor Rodriguez inquired if a space assessment had been completed. Mr. Livergood responded a study had been done in 2003 revealing a stand-alone site would need 10 acres. The proposed site had 18.5 acres available. Commissioner Hay noted staff had indicated the Public Works compound was an eyesore to developers. Mr. Bressner advised it was an impediment to redevelopment to have an industrial area in a residential district. Commissioner Hay suggested the proposal move forward. Commissioner Ross expressed concern for the residents in the area of the proposed site. Mr. Bressner advised the single family residential area to the north and east would require extensive buffering or transitional use. Most of the surrounding area is unincorporated, but utilities have been requested so future annexation is possible. East of High Ridge Road is residential and light industrial. The west side borders a private golf course and would require buffering. Public notice would be required. Mr. Livergood pointed out the developer's intent is for an industrial development. Vice Mayor Rodriguez agreed the possibilities should be explored, but had concerns that the tax base would be diminished. An industrial use would be beneficial whether the City uses the site or not. Mayor Taylor declared there was consensus to pursue the possibilities of relocating the Public Works compound. X. FUTURE AGENDA ITEMS: A. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - January 6, 2009 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 B. Addendum for Tow Contract - January 6, 2009 C. Staff report on legal review for vacating NE 12th Avenue right-of-way - January 6, 2009. D. 2008 Recreation and Parks Strategic Plan Update - January, 2009 E. Report on cost sharing options for take-home vehicles - January 2009 (In conjunction with continued budget discussions) F. Sustainability Team Quarterly Report - Jan. 20, 2009 G. Discussion of revision of sign code for promotional banners - January 20, 2009 H. YVPP Report - Feb. 17, 2009 1. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) J. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) XI. NEW BUSINESS: A Review of City Code provisions for term and selection of Vice Mayor - requested by Commissioner Ross (Tabled on December 2, 2008) (This item was addressed under XII Legal) Motion Commissioner Hay moved to remove Item X1.A. from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. Commissioner Ross noted the history of the Commission had been that every year a new Vice Mayor would be selected. At some point last year the change was made and she brought the matter before the Commission for possible reversion to the prior method. Mr. Bressner reviewed the contributing factors to the change in annual rotation, including the death of Vice Mayor Ensler and shift of municipal elections from November to March. Vice Mayor Rodriguez had initially been selected to fill the unexpired term of Vice Mayor Ensler and then the additional full year term was added. The ordinance changing the election date from November to March omitted the language for annual appointment of a Vice Mayor. 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Mr. Bressner suggested an amendment to the Code would be appropriate to restore the annual selection of the Vice Mayor. Attorney Cherof replied the annual appointment of a Vice Mayor can be changed. The best method would be to change the ordinance that changed the elections so it follows the same path. Mayor Taylor recalled the idea had been each Commissioner could serve as Vice Mayor for at least one year during their term in office. There was discussion on the timing of the selection of a Vice Mayor each year. It was decided the first meeting in April would be appropriate commencing in April 2009. Attorney Cherof would prepare the appropriate ordinance to present to the Commission on first reading. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-033 RE: Approving amendments to existing Chapter 20, Part III of the Land Development Regulations, in connection with, in part, the Community Rating System program (CRS), recent updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property maintenance requirements for the City. Attorney Cherof read Proposed Ordinance No. 08-033 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-033. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 08-034 RE: Approving the creation of Chapter 14.5 of the Code of Ordinances to be called "THE BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACT"; and new sections 14.5-1 through 14.5-15 providing for intent and definitions; establishing an enforcement program within the City; authorizing the City 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection. Attorney Cherof read Proposed Ordinance No. 08-034 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-034, Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Weiland dissenting) C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-035 RE: Approving the amendment to the Community Redevelopment Plan to incorporate the Downtown Master Plan and components thereof regarding Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades necessary to implement the goals and objectives of the Community Redevelopment Plan which include greater density and enhanced public space. Attorney Cherof read Proposed Ordinance No. 08-035 by title only on first reading. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-035. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof stressed the documentation was comprehensive and suggested additional copies of the Downtown Master Plan be distributed before a second reading on the aspects of the Plan. Mayor Taylor and Commissioner Hay requested an additional copy with all the requested changes noted. Attorney Cherof cautioned it was comprehensive and included many sensitive issues. 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 IX.A. Consider options on disposal of the 1927 Old High School - (Tabled on December 2, 2008) (This item was moved on the agenda by previous motion.) Mr. Bressner and the City Attorney had prepared a report and reviewed the 13 disposal or use options for the Old High School. The procedure for conveyance of the property was established in the Code. Sale of the property would require a 4/5th vote. Leasing was also a possibility. The ultimate fate of the Old High School remains the issue. If a private developer is the choice, the strategies necessary to facilitate any development will be required whether the final use is a private or public benefit. The price of refurbishment increases annually. The dollars spent for similar projects in the area have had more of an emphasis on expending public funds rather than private funds. The City does not have the resources to refurbish the building at this time. Mr. Bressner suggested an option may be to have a referendum vote from the public on a general obligation bond issue. The cost for an election was discussed. Mayor Taylor revealed he had discussions with a developer and Mr. Bressner about a lucrative offer for a new City Hall and trading properties. The site of the Old High School could possibly be involved. He suggested a delay on a decision until February, so the proposal could be further explored. Vice Mayor Rodriguez recalled the Commission had decided to postpone going out for a Request for Proposals on any downtown master plan development. Mayor Taylor contended it was an option that should at least be considered. Commissioner Hay agreed with the Mayor's suggestion. Vice Mayor Rodriguez also agreed, but requested if discussions broke down, the Old High School decision be brought before the Commission as soon as possible. Brian Edwards, 629 NE 9th Avenue, alleged the delay was a diversion on making a decision. The area buildings that have been restored are incredible and draw crowds. The discussion should be on how to make the Old High School a thriving attraction. A new development surrounding the Children's Museum would be inappropriate. Refurbishment of the Old High School would compliment the Museum. A creative solution for funding the restoration should be discussed rather than building a metropolis around a tiny Museum. Mr. Edwards stressed a definitive decision needed to be made on the fate of the Old High School. Commissioner Hay wanted it known that he favored saving the Old High School. He viewed the delay as lengthening the life of the building. He pointed out funds can be derived from memberships, fundraising, sponsorships, state and county grants, endowment income, rental income, ticket income and other sources. Any discussions with a developer should be an attempt to initiate a feasible plan for developing funding sources. Motion Vice Mayor Rodriguez moved that discussions of the Mayor and City Manager be focused on the intention of saving the Old High School and be a primary discussion point around any land swap 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 deal or redevelopment effort. Commissioner Hay seconded the motion. The motion passed 4- 1. (Mayor Taylor dissenting.) Mayor Taylor maintained that the Old High School was not worth saving for $8 million and a catalyst for the City could be built at the site for much less. Taxpayers are still subsidizing restoration projects in other cities and they remain a drain on those communities. The Old High School building is totally deteriorated inside and would have to be completely rebuilt inside with only the outside shell remaining. Vice Mayor Rodriguez reiterated the intent of his motion was to use the Old High School as an incentive in return for the new project and incorporate the Old High School into any development decisions being made. Mayor Taylor stressed the discussion thus far involved the site of the current City Hall only. He had suggested offering more land to make the deal even better. However, he would not include the Old High School site based on the decision of the Commission. Commissioner Weiland had supported saving the Old High School, but did not feel it would come to fruition. He agreed with letting the voters decide on a referendum issue. Herb Suss, 1711 Woodfern Drive, echoed Mr. Edward's remarks. A referendum vote would allow the citizens to have a voice in the decision. If an alternative can be found in the interim, the Old High School would have had two options for survival. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Remove the contingency of receiving a match to the City's Neighborhood Stabilization Program (NSP) funds within six months for the Ocean Breeze West project. Mayor Taylor reported he had a met with Lisa Bright, Community Redevelopment Executive Director and Addie Green, County Commissioner, stressing the need for the matching funds to commence the Ocean Breeze West project for construction of 38 single family homes. Ms. Green was very positive, but could make no guarantees. Vice Mayor Rodriguez was encouraged, but felt a time limit of eighteen months should be included. (Commissioner Weiland left the dais.) 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 16, 2008 Motion Vice Mayor Rodriguez moved to remove the contingency of receiving the match to the City's NSP funds within six months and changed it to eighteen months. Commissioner Hay seconded the motion. The motion passed 4-0. (Commissioner Weiland returned to the dais.) Mr. Bressner confirmed with Quintus Greene, Director of Development, it was eighteen months to encumber the funds and three years to spend the funds. Mayor Taylor wished everyone Happy Holidays. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8: 10 p.m. CITY OF BOYNTON BEACH ATTEST: , ~J-I'//" i:d~ff, ~;C ~OOdrow L. Hay, <=;'mmiSSioner ,ht.-.: . net M. Prainito, C '7 ~__./// "'/~ / /" . ;/ . IT" City Clerk /" '" '?:t/~~ , <..:-::'~~; ....., ,,:1, Marlene Ross, Commissioner ,',. . / 7. I. I c,./' ~ I: ''C, '__I <..e_~ dith A. Pyle ,-;;Deputy City Clerk 19