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Minutes 09-01-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, SEPTEMBER 1, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Jose Rodriguez, 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 C. Pledge of Allegiance to the Flag led by Commissioner Jose Rodriguez Mayor Taylor called the meeting to order at 6:31 p.m. Vice Mayor Hay gave the invocation and the Pledge of Allegiance to the Flag was led by Commissioner Jose Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Weiland inquired if the Commission would be interested in discussing the COP grant awarded and the fact it was not shared with the Community Redevelopment Agency (CRA). He understood the criteria for the grant included Community Oriented Policing (COP) which was the program within the CRA area. He recalled the CRA police force was an unfunded mandate and hoped some portion of the grant could be awarded to CRA. Mayor Taylor declared there was consensus to discuss the matter under New Business. 2. Adoption Commissioner Rodriguez moved to accept the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Commissioner Ross announced the passing of Gene Cericola, President of the Community Caring Center. Mr. Cericola was very dedicated to the Center, his church and the homeless. He would be greatly missed by the entire community. Commissioner Ross commented on her tour of the Emergency Operation Center at Fire Station #5. She was proud of the City for having acquired such a beautiful facility with a mural painted by Dana DoNaty and a design by Ray Altman, Fire Division Chief, that includes an original piece from 9/11. She encouraged everyone to visit the facility when it opens to the public. Mayor Taylor agreed and noted the project came in under budget. Commissioner Rodriguez talked briefly regarding the recent receipt of TRIM notices and his suggestion to eliminate vacant positions, reducing training and membership fees and deferring some of the executive compensation package. He hoped there could be some resolution to not raise the taxes. The community was struggling and the leaders had an obligation to reduce the burden. Commissioner Weiland reconsidered his request to discuss the COP grant and suggested it be heard in conjunction with the budget. Mayor Taylor agreed it could be discussed with the budget. Attorney Cherof stressed the budget was only a report by the City Manager and not action by the Commission. Commissioner Rodriguez felt the Commission could take action on any of the budget items as it was discussed. Attorney Cherof advised any action should be done as part of the budget hearings and any action taken at this time would be non-binding. The final decision should be made after hearing from the public at both public hearings. Commissioner Ross added to the record a copy of the letter sent by Beacon Property Management to the Meadows Homeowners Association members. After the budget hearings, she wanted to have discussions with the homeowners to try to resolve the issue. Vice Mayor Hay announced he had met with the new County Commissioner, Priscilla Taylor. She was looking forward to working with the City of Boynton Beach. Mayor Taylor announced the City Services Institute for residents to learn about their City. It is a 9 week course that meets once a week and commences on September 21, 2009. The participants meet with each department and learn their responsibilities. There is a $25 fee that includes a graduation celebration. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 C. Presentations: 1. Proclamations None 2. Presentations: None IV. PUBLIC AUDIENCE: INDMDUAL 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) John McGovern, 2620 Spiceberry Lane, agreed more work needed to be done on the budget for everyone's benefit. He announced the Boynton Senior Center was given a national award for excellence in development and promotion of senior centers. Mr. McGovern reported that Palm Beach County lost a $120 million grant from the Gates Foundation to the School District. The problem was the County failed to report truthfully the graduation completion rate of students in Palm Beach County. Mr. McGovern submitted a letter he had sent to the school board which had gotten no response. He contended there was a loss of local control of public education. There are three different school board zones in the Greater Boynton Beach area that contributes to the malaise and loss of control. Galaxy Elementary School is one of two schools in Palm Beach County that will benefit from the Box Tops for Education program. Mr. McGovern encouraged the City to promote the program for the benefit of Galaxy Elementary. He also clarified previous remarks he had made regarding the Old High School that it should be turned over to an existing advisory board rather than the Cultural Council or other existing entity . Brian Edwards, 629 NE 9th Avenue, emphasized the upcoming fundraiser on September 11, 2009 for the Children's Schoolhouse Museum and the refurbishment plans. The monies spent for the refurbishment would be presented in a report. He reiterated that a partnership with the City would be necessary for the Old High School and the creation of another 501( c)(3) was not necessary . Kristen Puhalainen, Palm Beach County League of Cities, encouraged the use of the website, Facebook and Twitter, and encourage attendance at the next meeting to be held in Lake Worth. A golf tournament would be October 9, 2009 to raise monies for scholarships pursuing public service education. No one else coming forward, Mayor Taylor closed the public audience. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 V. ADMINISTRATIVE: A. Accept the resignation of Belky Cruz as a regular member of the Community Relations Board. Motion Commissioner Weiland moved to accept. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Taylor thanked Ms. Cruz for her service. B. Appointments Appointment Length of Term To Be Made Board Exoiration Date IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3) Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2) I Weiland Cemetery Board Alt 1 yr term to 12/09 Mayor Taylor Cemetery Board Reg 3 yr term to 12/09 (Tabled 2) II Hay Code Compliance Board Alt 1 yr term to 12/09 III Rodriguez Community Relations Bd. Alt 1 yr term to 12/10 (Tabled 2) I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3) II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 3) III Rodriguez Education & Youth Advisory Board Stu 1 yr term to 12/09 (Tabled 3) II Hay Library Board Alt 1 yr term to 12/09 (Tabled 2) I Weiiand Library Board Alt 1 yr term to 12/09 (Tabled 3) III Rodriguez Planning & Development Bd. Alt 1 yr term to 12/09 (Tabled 2) Motion Commissioner Ross moved to table all the appointments. Commissioner Weiland 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 the accompanying material to become a part of the Public Record and subject to staff comments. 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 A. Minutes 1. Budget Workshop - July 14, 2009 2. Budget Workshop - July 15, 2009 3. Budget Workshop - July 16, 2009 4. Regular City Commission - August 18, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award "MICROSURFACING THIRTY-FOUR (34) STREETS IN BOYNTON BEACH" Bid #057-2413-09/0D to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, FL with a total expenditure of $377,136.24. 2. Approve a contract renewal with Arbor Tree & Land, Inc. D/B/A ATL Disaster Recovery for a period from September 1, 2009 through August 31, 2011 to be utilized on an "AS NEEDED BASIS". (Proposed Resolution No. R09-125) 3. Approve the purchase of 21 sets of Firefighter Personal Protective Gear at $1,722.50 each, utilizing State contract #490-000-07-1 through Fisher Scientific of Suwanee, GA with the total purchase price of $36,172.50 to replace old, non-serviceable gear that no longer meets NFPA Standards. C. Resolutions 1. Proposed Resolution No. R09-126 RE: Approving assessment of the cost of nuisance abatement on properties within the City of Boynton Beach. 2. Proposed Resolution No. R09-127 RE: Approving and authorizing execution of Modification No. 3 to Subgrant Agreement with the State Division of Emergency Management to accept a Hazard Mitigation Grant for a maximum amount of $345,084 and award a sole source construction contract to Specified Architectural Systems, Inc. in the total amount of $297,265 that includes a 10% construction contingency and five year warranty. D. Approve the "IMAGINE CHARTER SCHOOL AT BOYNTON BEACH" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper). E. Accept the attached "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the ten months ended July 31, 2009. (83% of the Fiscal Year) 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Motion Vice Mayor Hay moved to approve the Consent Agenda. 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. A. Project: Recreational Surface Water Policies (CPTA 09-001) Text Amendments to Comprehensive Plan City-initiated Request to amend Policy 1.3.1 of the Future Land Use Element, to add four policies to the Coastal Management Element, and to add a policy to the Intergovernmental Coordination Element in support of marine-oriented and water-dependent uses for economic development and natural resource protection. (1st Reading Proposed Ordinance No. 09-042) Agent: Description: Hanna Matras, Senior Planner, reviewed the request for large scale amendments to the Comprehensive Plan. If approved, the amendment would be sent to the Department of Community Affairs for State review. The request is exempted from the twice per year limit on the Comp Plan amendments. The Statutes encourage coastal local governments to include in their Comp Plan a Coastal Management Element, Recreation Surface Water Policies that balance natural resource protection, particularly Manatee protection with recreation and economic demands. All coastal governments are to include policies preserving recreation and commercial waterfronts. The proposed amendment would bring the City into compliance with all the requirements. It allows for marine-oriented and water-dependent uses to other allowed non- residential users in special high density category in conjunction with the Palm Beach County Manatee Protection Plan only. The other language limits the siting of any new proposed facility to the area designated as preferred. The Planning and Development Board suggested additional language pertaining to the land use compatibility, with the specific provisions for protection of the residential neighborhoods from the nuisance impact of marine users to be addressed in the Code review for the applicable zoning districts. Staff also proposed language that would prevent any expansion of the preferred designation by the County to automatically apply to the policy in the City Comp Plan. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 The four policies added were the adoption of the Manatee Protection by reference, natural resource protection, committing the City to preserve the two existing recreational and commercial waterfronts and recreation and economic demands. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 09-042 by title only on first reading. He also announced there was a citizen courtesy information form to provide your name and address to receive notification of the notice of intent to be issued by the Florida Department of Community Affairs. Motion Commissioner Rodriguez moved to approve. Vice Mayor Hay seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. IX. CITY MANAGER'S REPORT: A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,500j501(c)(3) Discussion.(Proposed Resolution No. R09-073) (Tabled to Budget WorkShop) Motion Vice Mayor Hay moved to remove from the table. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Lori LeVerriere, Assistant City Manager, reviewed the history of the Barrier Free Playground project. Staff's recommendation was to consider a deferral for one year based on the fact two of the three grants, totaling $485,000, may be able to be utilized a year from now. The FRDAP grant award for $135,000 would be lost. Other funding sources may be found in the interim. A steering committee was being organized for the new foundation. Kim Hansen, from the Arc of Palm Beach County, spoke to the visionary quality of the proposed project. She pointed out there are 175,000 residents of Palm Beach County who live with a disability every day. 15.9% of the school population has a form of special need. The disabilities vary and the planned park would stimulate every possibility of sensory integration. Children and adults without disability can enjoy the park too. Ms. Hansen was present to 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 endorse and thank the City of Boynton Beach for seeing the importance of such a project. She offered the assistance of the Arc of Palm Beach County to move the project forward. Anne Baine, representing Oceangate General Contractor and the subcontractors, applauded the City for the design and innovations to create a sensory park that is truly barrier free. She was proud to participate in the project and address the environmental needs. Mayor Taylor surmised that everyone would like to bring the park to reality. However, financially it was not possible at this time and priorities had to be met first. He could not justify the $2 million expense at this time. Commissioner Ross clarified it was a deferral for one year. She expressed her hope that the project would move forward in the future and be a gem for the City. Commissioner Rodriguez agreed there was an obligation to help those less fortunate. It was not financially possible at this time and he agreed with a postponement for one year. Motion Vice Mayor Hay moved to defer for one year. Commissioner Ross seconded the motion. The motion passed unanimously. B. Continued Budget discussions for FY 2009-2010 Budget Mr. Bressner gave a status report on the budget. One of the main areas of indecision was the legal challenge to the red light cameras and the possible impact on any anticipated revenues. The amount of State revenues was also unsettled. The largest area of concern related to collective bargaining. Talks have been ongoing with the four unions and none were completed. The Police Benevolent Association (PBA) indicated they were not in favor of a salary freeze, but would consider a six month market adjustment freeze, but would anticipate the pay progression plan for the balance of the year. Discussions would continue. The police contract expires in September 2010 and the fire contract expires in September 2011. They did have reopeners in the contracts for salary discussions. The blue and white collar contracts expire September 30, 2009. Statutorily the Commission has the right to impose a portion ofthe contract. Attorney Cherof advised the Statute requires that the City Manager submit a budget that includes funding for existing collective bargaining unit agreements through their expiration. Mr. Bressner advised the IAFF had not responded. Discussion relating to the elimination of the longevity program and two holidays was denied by the PBA. The cost savings for the longevity program would be $24,000 and elimination of two holidays would save $95,000. Commissioner Rodriguez clarified that only the re-opened issue relating to salaries could go to the impasse process and ultimately the Commission could impose a decision on the bargaining unit for the balance of the fiscal year. Attorney Cherof advised the process requires a public hearing. 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Commissioner Weiland was saddened there were roadblocks to the negotiations. He inquired about the amount of monies being deferred from salaries for retirement. He opined that a salary freeze was equitable if payments to deferred compensation funds can be made out of the current wages. Mr. Bressner stressed gross wages was the issue, not the net wages. Vice Mayor Hay expressed concern that the unions were not giving up the longevity pay and two holidays at the expense of other options that may need to be explored. Attorney Cherof noted the PBA contract provides after 45 days of re-opened negotiations, the negotiations are deemed at impasse and the matter moves on to the Commission for consideration, review and disposition. The discussion will merge with the two budget hearings. Mayor Taylor stressed that it appeared layoffs would not be necessary, nor would the 2% decrease in wages be necessary. He felt it was better to have a salary than lose a job. The Commission had been with the employees in the good times and hoped the employees would reciprocate during the hard times. Mr. Bressner pointed out the initial response was part of the collective bargaining process. Commissioner Weiland stressed concessions had been made and Vice Mayor Hay added the goal was to maintain jobs without layoffs. The question of whether the COP granted included the CRA police was discussed. Chief Immler replied the grant mentioned a total of 15 officers that may lose their jobs, 10 officers and five from the CRA. Any layoffs would be done according to the collective bargaining agreement by reverse seniority. The COP funds pay for eight police officers, being the last eight officers hired. The CRA would not be affected under those terms. The grant is awarded to pay police salaries and there are no other provisions. The total grant is $1.9 million over three years. Mayor Taylor recalled the grant was geared toward community policing programs and the five officers in the CRA police are totally devoted to that program. Some part of the grant funding should be given to the CRA. Mr. Bressner advised it could be a credit toward the amount currently being paid by the CRA to keep it separate. The officers hired by the CRA are not new officers, rather seasoned officers with experience in the community. Commissioner Weiland contended if it covers the salaries of 15 officers and five were CRA police, one-third of the funding should go to the CRA. The community policing program is the basis for the award of the funding. Commissioner Rodriguez suggested there was community policing throughout the City with the CRA area being one of the smaller regions. He contended the Police Chief should be allowed to manage the department as he sees fit. The CRA police force was not mandated by any authority . Chief Immler indicated the audits trace the funds through the department to salaries of the police officers. Any deviation would be contrary to grant requirements. Mayor Taylor suggested credit should be given to the CRA of $50,000 a year. Chief Immler reiterated the credit could not be attached to the actual COP funds. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Attorney Cherof explained that community policing is a recognized function provided by the CRA. It was an amendment that occurred while the current Board was in power to adopt amendments to the CRA plan. Commissioner Rodriguez questioned whether the CRA police personnel should be dedicated to the CRA area. Commissioner Ross pointed out all police report to the Chief. Community policing is done throughout the City with various teams. Mr. Bressner noted if the CRA police force were eliminated the funding would have to come from the General Fund. Commissioner Rodriguez alleged funding the police force was taking valuable resources from the budget for redevelopment. Vice Mayor Hay agreed with the Mayor that the CRA force has done a good job and the $50,000 would be well spent. The force is a supplement to the regular police force. There was consensus to budget the $50,000 per year to the CRA. Commissioner Ross commented the residents would be concerned about any change in the police coverage. Mr. Bressner stressed the five officers were not the only police presence in the Heart of Boynton and the CRA district. C. Approve recommendation for Historic Preservation Ad Hoc Committee Carisse Lejeune, Assistant to the City Manager, reviewed the past discussions relating to the Historic Preservation issue. Staff determined the beginning steps the ad hoc committee would need to undertake. Applications were not requested or members recruited. Several volunteers had came forward. Direction was needed whether other committee members should be sought or the volunteers be organized. Commissioner Weiland appreciated those who had volunteered, but there was a duty to publicize the creation of an ad hoc committee. Vice Mayor Hay agreed and did not feel the names submitted represented the entire community. Commissioner Rodriguez countered the volunteers should be utilized and not prolong the process. It was not an advisory board. The historic preservation ordinance has been discussed at a public meeting. Commissioner Ross clarified it was a committee only and Mr. Bressner added the Sunshine Law would still apply. Mayor Taylor was in favor of the historic preservation ordinance and noted it would ~ave an impact for many property owners. He was concerned that several of the proposed committee members did not live within the City and may have a conflict of interest. The scope of activity of the proposed committee was determined to be sufficient. Commissioner Rodriguez noted five volunteers have come forward for this committee while many of the advisory appointments remain unfilled. Commissioner Weiland pointed out the historic preservation issue has been discussed for years. Motion Vice Mayor Hay moved to adopt Option 2, not appoint the ad hoc committee and the list of interested persons and actively recruit members. Commissioner Ross seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 D. Consideration of New Agreement with Quantum Community Development District Mr. Bressner recalled on March 16, 2009, the Commission had voted to terminate the maintenance contract with the Quantum Development Improvement District. Subsequently a request was made to reconsider the agreement. Further negotiations revealed a request for the City to take over street light maintenance in the entire Quantum area. Staff suggested the street lights on Quantum and on High Ridge Road north and serving the TriRail station and High Ridge Road south leading into the High School and new Fire Station 5 would be maintained by the City. All lights would be on public rights-of-way or serving public buildings. Quantum rejected the proposal based on their interpretation that all the streets are public and should be maintained by the City. Mr. Bressner added the expense to maintain the medians along Gateway would cost the City $35,000 for each of the next two years. Attorney Cherof added staff had accommodated every request to meet and discuss the issue. Counsel for the Quantum community was present. Bernie Konco, attorney for both Quantum Community special taxing districts, offered his interpretation that all the roads within the development are public roads. Quantum Boulevard has a plat dedicated easement to the City. The issue arose because the school district refused to contribute any monies to the special taxing district. The City wanted the school built and agreed to take over the school district's maintenance costs because the entire City benefits from the High School. The street light maintenance would be approximately $77,000 yearly. Commissioner Ross clarified that the streets were open to the public rather than streets that were in gated communities. Attorney Cherof advised the roads were open to the public, but that fact did not make the roads public roads. Commissioner Ross wondered if other communities would then come to the Commission to be responsible for the cost. The budget crisis had brought the issue to the attention of the parties. Mr. Bressner noted the addition of maintaining the medians would cost $35,000 that is reflected in the budget. The controversy involves the additional $46,000 offered by the City and the $77,000 demanded by the special taxing district. Commissioner Ross reported she had heard from Parkside HOA and Mr. Charles Kanter, President of the HOA, who expressed the residents concerns regarding the impact on their fees. Commissioner Rodriguez did not feel it was possible at this time to add any additional costs to the budget. Mr. Konco contended the burden was being placed on the residents of Quantum rather than all the City residents who use the roads and streets. Motion Commissioner Rodriguez moved to adopt Option #1. Commissioner Weiland seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 X. FUTURE AGENDA ITEMS: A. Approve piggyback on the Jacksonville Electric Authority (JEA) contract #82768 Cured in Place Pipe (CIPP) Unit Price Construction with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a project cost of $1,967,947.88 with a 10% contingency of $196,794.79 for a total project cost of $2,164,742.67. (Proposed Resolution No. R09-116) (Tabled to October 6, 2009) B. Approve piggyback on the City of Delray Beach contract bid #2002-37 with Chaz Equipment of Wellington, FL to rehabilitate the City's wastewater gravity manholes for a project cost of $256,314 with a 15% contingency of $38,447 for a total project cost of $294,761.10. (Proposed Resolution No. R09-117) (Tabled to October 6, 2009) C. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) D. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-l Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled to December 1, 2009) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 09-038 Re: Abandoning of an existing easement on the record plat known as Las Ventanas for the expansion of Woolbright Road to add an additional turning lane onto South Federal Highway. Attorney Cherof read Proposed Ordinance No. 09-038 by title only on second reading. Mayor Taylor opened the issue for public comment. No one came forward. Mayor Taylor closed the public hearing. 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 09-038. Commissioner Rodriguez seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 09-040 Re: Establishing a procedure to better identify and manage vacant and foreclosed properties by holding mortgage holders responsible through registration and third party administration. Attorney Cherof read Proposed Ordinance No. 09-040 by title only on first reading. Motion Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-040. Vice Mayor Hay seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. Mr. Bressner thanked the Commission for approving the program and commended Scott Blasie, Code Enforcement Administrator. It partnered with the private sector without spending tax dollars to assist with the growing situation. 2. Proposed Ordinance No. 09-041 Re: Amending Section 16-61 and 16-62 providing administrative clarity and adding language in the ordinance that requires advance notification when leaving vehicles and/or trailers at the park for more than three (3) days by patrons actively involved in fishing and/or boating activities. Attorney Cherof read Proposed Ordinance No. 09-041 by title only on first reading. 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 Motion Commissioner Weiland moved to approve Proposed Ordinance No. 09-041. Vice Mayor Hay seconded the motion. Jody Rivers, Parks Superintendent, related that some individuals were using the parking area for boat or trailer storage. It took up too many spaces and the issue had to be addressed. If more than three days is anticipated a permit can be obtained. ~ City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:25 p.m. (Continued on next page) 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 1, 2009 ATTEST: m.~ 2)l""'eo ~/~ Marlene Ross, Commissioner .i/ilYlZ th A. Pyle, CMC eputy City Clerk 15 BEACON PROPERTY MANAGEMENT1 INC. SUITE 18' 500 N.E. SPANISH RIVER BLVD, BOCA RATON. FL 33431 561-750-0Cl4O . FAX 561'750-0011 LIGHTING THE WAY WITH PROFESSIONAL MANAGEMENT -! ~ G"t/,f( ;ru.:1/";;': (''1'-' VJ (]f;7:;r~ r1? /" . .: . July 14, 2009 To: All 300 Property Owners Association Owners From: Board of Directors & Passive Park Committee S(~ AN'."~~D" :.. _ .'t'". ~ r~~ (t.r.:J' ," ',.It", '...... _ C. C" ., 0'.1: ::L)' "'j" S JileS Re: Up-date on Passive Park This letter is being provided to all members of the 300 POA to inform them of an important issue facing our community. That issue is what should be done with the vacant lot owned by the City of Boynton Beach that lies between Windemere and Meadows on The Green. This parcel is a part of both The Meadows and Nautica Sound neighborhoods. The lot ownership is due to a condition of development permitting that the developer of our community turn over parcels of land to the city. The city does this to help prevent over development and to keep a certain amount of "green space" within the community. Further, as a condition of permitting, the city requires impact fees be paid by developers and the city uses these fees to build infrastructure (roads, parks, water and sewer systems). One parcel has already been developed into the Meadows Park at the comer of Congress A venue and Meadows Boulevard. Since this lot has belonged to the city, there have been several proposals for its use. It was suggested that a charter school be built on it. Other suggestions included cell phone towers or that Springfield Road be connected to allow a short cut from Lawrence Road to Congress (a move that would greatly increase traffic on Meadows Boulevard). These proposals never camelhave not yet come to fruition. In addition, there has been the suggestion that the lot be left "as is." Past and current members of the 300 POA Board of Directors and a handful of other interested residents have paid attention to these proposals. These groups have worked against these proposals, which would have certainly negatively impacted our community. For llie last several years, a group of residents have worked with city leaders to try and develop this vacant lot into a "passive park". So, just what is a "passive park"? No one can tell you right now what a passive park would be like in our area. There could be restrooms, parking, lighting and walking pallis. The city was negotiating a contract with an engineering firm to design the replacement for the vacant lot. The following procedure has been suggested by the city. First, an engineering firm must meet willi the affected .J:ia<.ntJ.d, 230ndd andilm.ut<.d community's citizens to gather their desires for the park. Second, the engineering firm must demonstrate its ability to design a green space using LEED principals. LEED (Leadership in Energy and Environmental Design) is administered by the US Green Building Council. This is a certification process where a development is rated in five green design categories: sustainable sites, water efficiency. energy and atmosphere, materials and resources and indoor environmental quality. If you would like to get an idea of what a simple passive park might look like, you can go into the Boynton Lakes community just across Congress Avenue (cross Congress at the northern entrance onto Redford Drive). When it dead ends, you will be looking at one example of a passive park. This park has no sports courts/fieKliiobut is <l,.qWet, reflective area to stroll around on a walking path. However, this is just an example and does not mean iliat the vacant lot will be developed as such. Another item to address is the cost. The money going to create this passive park is not your tax money. It is money collected from developers within the city for the explicit purpose of creating better communities. This money cannot be transferred to the city's general fund to lower your property taxes (it could be loaned, but would have to be repaid) and it cannot be used to lower your water rates. On ilie bottom of this form is a simple straw ballot to begin to collect ilie community's opinion about trading this vacant lot for a passive park. Please complete the form and cut off the on the dotted line and drop it off in ilie drop box at the North pavilion door by August 3, 2009 (envelopes are not necessary). The form can also be mailed to: Beacon Property Management. 500 NE Spanish River Blvd.. Ste. 18. Boca Raton, FL. 33431 or faxed to: (561) 750-0040. Thank you for your interest in our community. Terry Lonergan, President William Wamer. Vice President Beverly Yocum. Treasurer Passive Park Committee *** ******** ****** * * ** * * ******** *** **CUT HERE* ** * *** ** * * * * * **** * * * **** * *** * *** Please check one: I prefer the vacant lot remain as is: I prefer the vacant lot be turned into a "passive park": PRINT NAME SIGNATURE ADDRESS .J:iCE.ru~d, 230ndd and JJnlut~d To: Members and Other Interested Citizens The Democratic Club of the City of Boynton Beach SCANNED C'if'" C':o-k"s Qt.tj'''Q .J '. ~ , II vv RE: Boxtops for Education (see reverse side) Our very own Galaxy Elementary School is one of two school in Palm Beach County intended to be a prime beneficiary of this program! . Our goal is to collect at least $] 000 for each of two schools -- this is only 10,000 Boxtops coupons each, which should be easily be do-able with all of us working together! The Box Tops for Education program sponsored by General Mills makes it easy for everyone to pitch in and raise money to help kids, teachers and their schools. Box Tops for Education is a successful fundraising program iliat has helped America's schools eam over $300 million (yes, $300 MILLION!) in the past 13 years. And it's easy to get involved-just look for the pink Box Tops coupons found on many of your everyday products, clip the coupons and turn them in at meetings. Every coupon is worth 10 cents - - which add up quickly. After we give the coupons to the schools to submit (twice yearly), they'll receive a check from General Mills based on the number of coupons turned in. The program has helped schools across the country earn extra hundreds and even thousands of dollars to get the things they need-from books and school supplies to playground equipment and computers. Box Tops coupons can be found on hundreds of products, including Cheerios & all other General Mills cereals, Betty Crocker, Pillsbury, Progresso, Ziploc, Juicy Juice, Kleenex, Huggies, Viva, Hefty, and many more (now including Avery labels & paper products!) A complete list of all participating products can be found on the reverse side, After purchasing these items, just clip the Box Tops coupon on the side or underside ofilie box. Please bring your collected Box Tops coupons to monthly DEC (Democratic Executive Committee) meetings or to the local club (The Democratic Club of the City of Boynton Beach) which meets on the third Thursday ofthe month. Learn more about ilie program by logging onto www.boxtops4education.com. For additional questions, please contact Carol Levy at insurcgirl524(Zvvahoo.com, (561) 699- 5421 or Cary Nation at cnation(i'vbellsouth.net. Evenjust 1 or 2 Boxtops per person per month helps! Working togeilier, we PBC Democrats can help our designated schools get extra cash for needed supplies -- at no extra cost to ourselves, thanks to General Mills. It's a real win-win for everyone! Thank you. John E McGovern Corresponding Secretary The Democratic Club ofilie City of Boynton Beach http://www.pbcdcmocraticpartv.org Clip Box Tops - earn cash for our school! Earn cash for Our schuol every time you shop for grocene.... \.Jip Rox lops from hundreds of your favorite products.* \-aeh Box Top" coupon is worth W( to our :>chool and that adds up fast! BAKING [jesseit', .AlrllollilJo{Dpl\PrtHMMiy . Bett\' Crulker (oll)plel~ Dfl'erl" .Bell\,(rorkN'Cooki~Mij -Seuylrv,kt'l'F-rl)llilll) .B~t1y(rn(kN>(iluleT1frePBrownipMlx . Betty(rOlker"Glulcn free (JKe Mix . !lettytrv'Krr"Gfutpn ~ree(ookipMix . 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J1flh. ,"qisl'r~d r"'Gem"rf;"f KI'nD"'I, t", WOlldwl!i,' i,,, Hellv-',EalyGrip", Elegaolwm", 100 Pol,-' Ih1(,tipP""',linrh5Jk"aM~II(h"nr"'lh',,"r1qiS1e!..dt"'d"nl."k\oIPa(('v(orpOl'atlon AVerl' _ Ho-LlIfl" ,llld Mal\:'; A.lot' Jle ,..~Metfd lr,'OIIl'Jrk.\ of IV",'I 01~1l1\O" (nI1l0r,lIIM_ T",d~mar\;\ ',I"'Ted '0 ""1"'" ,,,, 'I,I w'p,rt'! u' rile" ,r-;pecllle "wn,,' 6-11-09 ~f'Ar..'N ED "'>~".. c.~,.. . CIt! C6fk's Office Bill Graham. Chairman Monroe Benaim, MD Paulette Burdick Carrie Parker Hill Frank Barbieri, Esq. Sandra Richmond, EdD Debra Robinson, MD Dear Members of The Palm Beach County School Board: The release iliis week (6-9-09) of the Gates Foundation Report entitled "Report Cards Count" raises some interesting questions for persons intent on seeing that our school system improves its delivery of quality educational services to all students. School Improvement must indeed be our principal focus in Palm Beach County in order that quality of life of our citizens is nurtured if not ensured. The 2009 Gates report statistically covers the school year 2005-2006. The Gates Foundation promotes its own statistical method (CPI - The Curnulative Promotion Index) for determining high school "Completion Rates." According to statistics cited on ilie website of the Palm Beach County School District the completion rate for Palm Beach County for that year was 69.3%; ilie State of Florida statistic for the same year was 71.1 % The Gates Foundation statistic for the State ofF10rida for 05-06 is 57.5% - fifth from the bottom of the list followed by New Mexico, Georgia, District of Columbia and Nevada. The gap between 57.5% and 71.1 %, two extremes on range of difference between statistical methods of "counting," for the state of Florida and, by extension, for Palm Beach County raises obvious questions. This is the tenili year that The Gates Foundation has been producing this report. I have been following it closely ever since moving to Florida in 1999 and note, in ilie most general of terms, iliat there seemed to have been a pervasive problem in just about all the souiliern states regarding satisfactory completion rates during this ten year period. However, all southern states with ilie exception of Florida and Georgia exhibited statistically significant improvement. A review of education research literature indicates iliat among the states iliere are numerous methods of counting completion rates and the correlative statistic - dropout rate. I have discovered at least five different methodologies used across the states to paint the picture traditionally described as "graduation." 1 ask you: a. Using ilie Gates Methodology - what would be the comparable district statistic for the school year 05-06 for Palm Beach County? b. Does it conctill'l1 you that the methodology of representing completion rates both !c)r the State of Florida and for Palm Beach County might be problematic in terms of presenting the most realistic picture versus a yield intentionally designed to put the "bella tigura" on a reality which indeed should provoke a renewed dedication to improving the quality of all schools for all students. For cxample, it is wonderful that Suncoast High this past week receivcd national distinction for being among the top ten schools in the country. I know that school well as I have worked with both school staff and students in my capacity as Director of Education for thc 15th Judicial Circuit. You might be interested to know that I have VIsited that school many times as a Guardian ad Litem advocate for some students which pinpoints the reality that some Suncoast students are achieving despite some very complex social realities and other factors which we might traditionally label as detractors from achievement. I have secn brilliance in the eyes of some students at Suncoast who have to contend with "alot" more than academics c. What factors could possibly exist in Palm Beach County which could inflate the completion rate and thus yield a gap such as the one demonstrated by these numbers. For example. are OE [) students included in our global completion rate statistic? What other comparable factors might we consider in determining the gap(s) in findings stemming trom the use of "more favorablc" statistical methodologies pertaining to "completion rate." Thank you for your attention to these important questions. I recently noted in the Superintendent's evaluation that only one board member raised a concern about" graduation rate." I think every member of the board should he thusly concerned. I would be happy to meet with you for a discussion of this matter with an eye toward solutions. Thank you. John McGovem P. S. I have attached two relevant pages form the Gates report which should attract you to reading it in its entirety if you have not already done so. It is obtainable on-line from Education Week. Dr. John E. McGovern 2620 Spiceberry Lane Boynton Beach, FL 33436 Home-561-736-5568 Cell- 561-876-6002 AMENDMENT TO POLICY 1.3.1 (a): (additional changes as recommended by the Planning and Development Board and staff) In a.!ld!tion to other allowed non-resid~mtial u~es. the Ci:tY mAY allow marine- oriented alld water-qe~ent ..ses In tile Sp~ial Hjgf1 Density Resi~ential cat~ry in gmjunction with tf'Ie Palm Beach County Manatee Protection Plan1.the MPPJ as adopted in August of 2007. A $j~e for a RrQROsed facility must be desjgJ1ated as ~refelTed" b,y the BQjJt ~cility Siting PLan cqntained in the M-.PP an~ must be consist~nt wi.tl1 all aalicable Pial) recommendations and pglicies for IlQiIt fa,.dlities. The City shall also establish land development regulations that maximize land use compatibility and protect residential neighborhoods from n~tive impacts of subi~ uses.