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Minutes 04-06-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, APRIL 6,2010 Present: Jose Rodriguez, Mayor Kurt Bressner, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney William Orlove, Commissioner Janet M. Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Hay Mayor Rodriguez called the meeting to order at 6:39 p.m. Vice Mayor Hay gave the invocation and led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Orlove pulled Item 6.E. Commissioner Holzman pulled Item 6.0. Motion Vice Mayor Hay moved to table Item 6.H. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof indicated Item 7.A. should be moved to Legal, Item 13.A for first reading of the Ordinance which did not require a public hearing. Commissioner Ross requested to add a discussion regarding the Children Services Council and proposed legislation. Mayor Rodriguez added the item under New Business. Commissioner Holzman pulled Item 6.F Commissioner Ross also suggested an item regarding the salary increases for Commissioners be added under New Business. Mayor Rodriguez agreed. 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 2. Adoption Motion Vice Mayor Hay moved to approve the agenda. Commissioner Orlove seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross noted Galaxy Elementary had their annual softball tournament against Leisureville. The kids did triumphant. Commissioner Ross had thrown the first pitch. She also attended Career Day at Crosspointe Elementary, a Title I school and had spoken to fourth and fifth grade classes. The City Manager had attended the event. Commissioner Ross announced the Fire Department chili cook-off and fishing tournament would be held on Saturday, April 10th at Boat Club Park commencing at 10 a.m. She attended the "Love of Literacy Luncheon" at the Kravitz Center and enjoyed the speaker and the program. Some City employees and the City Manager had attended the event. Vice Mayor Hay attended the League of Cities luncheon and was nominated to be on the Board of Directors. Commissioner Orlove thanked staff for accommodating his two-day tour of the departments to learn about their responsibilities and meet the employees. It made him proud to be an elected official and a resident. He had attended the 'Love of Literacy" luncheon and applauded the City's Library for the AmeriaCore volunteer who worked with 25 kids every day on homework, math and reading. Commissioner Ross added the AmeriaCore program was part of the Literacy Coalition of Palm Beach County. Mayor Rodriguez commented he had the honor of attending the re-dedication of the Royal Palm School, a special needs school, and urged citizens to volunteer at the school. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the upcoming Ocean Avenue Concert. Kathy Biscuiti, Special Events Director, announced the concert series would continue on April 16th featuring "Cricklewood" a real favorite in the area. It would be held at the Ocean Avenue Amphitheater from 6 p.m. to 9 p.m. There would be ample parking and vendors on site. No pets would be allowed. 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 B. Announce the musical performance, itA Tribute to Neil Diamond Featuring Neil Zirconia - The Ultimate Faux Diamond. Ginny Shea, Senior Manager for Recreation and Parks Department, announced the Neil Diamond Tribute featuring Neil Zirconia that would be held at the Civic Center on April 1 ih beginning at 7 p.m. She urged everyone to support the event and enjoy the show. C. Present a Proclamation for Arbor Day - April 28,2010. Mayor Rodriguez proclaimed April 28th as Arbor Day in the City of Boynton Beach and presented Glenda Hall of Forestry and Grounds with the proclamation. Ms. Hall announced the celebration at the Jaycee Park beginning at 9 a.m. that would include the 8th grade science class from St. Mark, the Boynton Beach Garden Club and the Parks Department. D. Pres~nt a Proclamation for Water Conservation Month -- April, 2010. Ms. Laura Corry, Lead Intergovernmental Representative of the South Florida Water Management Governing Board was present to accept the Proclamation for Water Conservation Month. The month of April was proclaimed Water Conservation Month by Mayor Rodriguez. Ms. Corry thanked the Commission for the proclamation. E. Present a Proclamation for Water Reuse Week -- May 10-16, 2010. The Proclamation for Water Reuse Week, May 10-16, was read by Mayor Rodriguez and presented to Ms Corry. Ms. Corry thanked the City for their efforts in utilizing reuse water to save the precious water supply. F. Present a Proclamation to the Boynton Beach Police Department Communications Section commemorating National Telecommunicator's Week- - April 11-17, 2010. National Telecommunicator's Week, April 11-17, in the City of Boynton Beach, was honored with a Proclamation. Lt. Grant Lanier and many of the employees in the Dispatch Department were present and accepted the Proclamation after it was read by Mayor Rodriguez. Lt. Lanier thanked the City for the recognition of Dispatchers and the work they perform. G. Present a Proclamation celebrating National Library Week -- April 11-17, 2010. 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 Mayor Rodriguez read the Proclamation recognizing the week of April 11-17 as National Library Week. Craig Clark, Director, accepted the Proclamation and announced the Boynton Beach Magical History Tour to be held on April 19th from 9:30 to 11 a.m. It is a fundraiser for the Friends of the Library at $20 per person. H. Present a Proclamation celebrating Earth Day on April 22, 2009 and Earth Week April 19-25, 2010. A Proclamation recognizing Earth Day on April 22nd and Earth Week, April 19-25 was read and presented to Carisse LeJeune, Assistant to the City Manager. She announced there would be week-long activities in the Library, sculpture exhibits, various speakers, recycling and other information available. Earth Day t-shirts were presented to the Commission. I. Announce the Palm Beach International Film Festival outdoor screening Ms. Biscuiti announced the Boynton Beach Community Redevelopment Agency was partnering with the Palm Beach International Film Festival to present their only nighttime screening. It would be at the Ocean Avenue Amphitheater. The movie would start at approximately 7:45 p.m. showing the movie, "Chicago". Food and drink vendors would be available. No pets were allowed. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENT A TIONS (a t 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> Mayor Rodriguez reviewed the procedure and opportunities for public participation. He directed all questions be addressed to the Mayor. Frank Dinnino, owner and Board Member at West Quantum Plaza, Condo Association at 2445 Quantum Boulevard, discussed the issue of the operation of a Pain Clinic at the Plaza and associated crime and problems. He indicated the Clinic attracted many patrons from other states consuming all the available parking, nonstop traffic, public urination and drug use in and around the businesses in the plaza. He urged the Commission to ban the sale of pills on the premises at clinics. He submitted an article from the community newspaper in Pompano where the ban was initiated. Mr. Dinnino had worked with the Police Department, but asked the Commission to more closely scrutinize these types of businesses within the City. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 Mayor Rodriguez commented the Commission had acted to curtail pain clinics from opening within the City. Action would be taken against those clinics illegally dispensing drugs. Chad Birch, a business owner in the Plaza and another business owner, explained the issue was the classification of the prescriptions being dispensed was Class III narcotics. He suggested the Commission limit the prescription of those types of drugs and require the prescription to be filled at pharmacies. Frank Dinardo, business owner in the West Quantum Plaza, advised the situation was totally out of control. His secretary was working from her home because of the fear factor created by the patrons of the pain clinic. It had greatly influenced his business. Mayor Rodriguez recognized there were many victims of the abuse and the City did take the matter seriously and would continue to address it as best it could. He encouraged the business owners to keep the Police Department apprised of the problems. A speedy resolution to the problem was anticipated. Commissioner Orlove inquired if the existing issues could be addressed in the resolution being proposed with the Notice of Intent. Attorney Cherof advised it was possible. In the interim, it would be a law enforcement issue and he suggested the citizens contact their State Legislators for resolution on the State level. Chief Immler, Police Department indicated a task force had been established with the County Sheriff Department, area municipal Police Departments and various federal agencies at a pain clinic summit that had recently been held. The groups also sought assistance from the State government to give law enforcement the authority to deal with the mass distribution of narcotics at pain clinics. He noted, unfortunately, the current activity is legal. A doctor is present who reviews bogus medical reports and treats complaints of pain with large supplies of narcotics. The medical association was supportive, but did not want to restrict their ability to legitimately dispense medication to patients in legitimate pain. The task force was being proactive in their approach and made some early arrests and successes. There are currently nine pain clinics within the City of Boynton Beach. Mark Karageorge, 240A Main Boulevard, thanked the citizens who had brought the issue to the attention of the Police Department and the Commission. He commended Chief Immler for addressing the issue quickly. Mr. Karageorge alleged there was an issue with the conduct of an Assistant City Attorney who had attended the recent Code Compliance Board meeting. Mr. Karageorge indicated he did not want to violate any of the Sunshine Law provisions or ethical considerations so he brought the issue before the Commission in a public meeting. 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 Mayor Rodriguez indicated direct contact with the Mayor, City Attorney or City Manager would not violate any Sunshine Law provision and he encouraged Mr. Karageorge, in the future, to contact himself or the District Commissioner with any concern. Attorney Cherof advised a meeting had taken place with the Chair of the Code Compliance Board to address the issues that had occurred and develop remedies for the situation. Attorney Cherof encouraged Mr. Karageorge to call him at any time. Mayor Rodriguez advised he would further review the matter. Don Scantlan, 13 Cedar Circle, spoke on behalf of Workforce Alliance. The County had received $30 million to put Floridians back to work with subsidized employment programs. Applicants and those who wanted jobs were needed to come to the Center and apply for the available jobs. The requirements were the household income had to be below 200% of the federal poverty level and a minor living in the household. Mr. Scantlan also thanked the City for the opportunity to attend the City Services Institute. Susan Mandell, the proud founding President, Educator and Visionary of the Thank You For Your Ride, Room 101E, a team-based spin class room of the Palm Beach School District introduced her program. It focused on the wellness and health of all those in the City of Boynton Beach and throughout Florida. She wanted to partner with the City to provide rewards and incentives for school-age children to exercise and attain their fitness goals. The facility was on Ocean Avenue at Marina Village and she encouraged everyone to make it part of their lifestyle. There was no price or fee. Mayor Rodriguez announced a Mayor's Walk was being implemented in the City of Boynton Beach to promote wellness. Herb Suss, 1711 Woodfern, thanked Vice Mayor Hay for recognizing his personal holiday. He thanked the City for his CERT training and being able to assist a man who had fallen at the Kravitz Center. He urged everyone to undertake the CERT training. Mr. Suss encouraged others to visit The Links golf course and the available nature walk through the Audubon Society's certified nature area. He also stressed the Commission and residents should voice their opposition to pending State legislation relating to teacher's pay being related to measurable outcomes. John Nickels, 119 SW 3rd Avenue, a new resident, had a contractor's license to fabricate granite. He could not afford a commercial location and a home. Assistance was needed to allow him to fabricate granite in his driveway, in his truck. Mr. Bressner suggested Michael Rumpf be contacted to assist in resolving the issue. Charles Gaulkin, Colonial Club, Federal Highway, thanked the City for the quick response regarding the drainage issue on Federal Highway. He suggested a City 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 representative be appointed to Boynton Intracoastal Group with 5,000 residents, to address any issues in the area along the intercoastal and the various associations. Mayor Rodriguez suggested the item be added to Future Agenda. Commissioner Holzman welcomed contact to discuss any concerns. Victor Norfus, 261 North Palm Drive, presented a newsletter from the Heart of Boynton. He called attention to a rash of windows being broken in his neighborhood. Vice Mayor Hay had been advised of the pattern that was developing. Mr. Norfus remarked the Animal Control Department was understaffed and proper staffing was essential. On behalf of the Community Relations Board, he thanked the Commission for their support. Commissioner Ross recognized Officer Liz Roehrich, who worked as an Animal Control Officer. Cliff Montross, congratulated the Mayor and asked that the citizens give the Mayor a chance to lead the City and take the City in the right direction. No one else coming forward, Mayor Rodriguez closed the Public Audience. 5. ADMINISTRATIVE A. Accept the resignation of Jeff Lis, a regular member of the Planning and Development Board. Motion Commissioner Ross moved to accept the resignation of Jeff Lis, a regular member of the Planning and Development Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Ross moved to appoint Emily Schweitzer as a student regular voting member of the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Rodriguez suggested an alternate on the Planning and Development Board be appointed to replace Mr. Lis. 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 Motion Commissioner Orlove moved to appoint Sharon Grcevic as a Regular Member of the Planning and Development Board. Commissioner Ross seconded the motion. The motion passed unanimously. Mayor Rodriguez inquired if the Commission would allow appointments to be made immediately to replace any vacancies on the boards. Vice Mayor Hay wanted to open the process up for other applications to be reviewed and afford everyone an equal opportunity. There was consensus to make appointments immediately upon acceptance of a resignation. Vice Mayor Hay cautioned that some applicants request status as only a regular or only as an alternate. Motion Commissioner Ross moved to table the rest of the appointments. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R10-033 -- Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. Mayor Rodriguez had been the representative and would continue to do so, unless there were others interested. Motion Commissioner Orlove moved to keep the appointment the same. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Ross noted she had served as the representative and the Organization addressed very important issues such as transportation. There was agreement to allow all the Commissioners to act as alternates. D. PROPOSED RESOLUTION NO. R 10-034 -- Re: Appointing a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. Mr. Bressner noted the Assistant City Manager currently served as the representative. The preference was to have an elected official participate in the program. Commissioner Orlove expressed an interest in serving. Ms. LaVerriere, Assistant City Manager, explained the program addressed multi-jurisdictional boundaries and issues. 8 Meeting Minutes Regular City Commission April 6, 2010 Boynton Beach, FL Motion Commissioner Ross moved to appoint Commissioner Orlove. Vice Mayor Hay seconded the motion. The motion passed unanimously. It was agreed that Ms. LaVerriere would act as the alternate. E. PROPOSED RESOLUTION NO. R10-035 -- Appoint a City Commission representative and appoint all City Commission members and the City Manager as alternate representatives to the Palm Beach County League of Cities. Motion Commissioner Ross moved to appointed Vice Mayor Hay as the representative on the Palm Beach County League of Cities. Commissioner Orlove seconded the motion. The motion passed unanimously. All other members of the Commission would serve as alternates. F. PROPOSED RESOLUTION NO. R10-036 -- Appointing a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA) Commissioner Ross expressed an interest in continuing as the representative. She had a good relationship with the President of the organization, Mr. Ken Lassiter. Motion Vice Mayor Hay moved to re-appointment Commissioner Ross. Commissioner Holzman seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to appoint Commissioner Holzman as an alternate. Commissioner Orlove seconded the motion. 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. 9 Meeting Minutes Regular City Commission April 6, 2010 Boynton Beach, FL A. Approve the Minutes from the City Commission meetings held on March 2, 2010 and March 16,2010. B. Accept the Budget Status Report of the General Fund and the Utility Fund Revenues and Expenditures for the five (5) month period ended February 28, 2010. C. PROPOSED RESOLUTION NO. R10-037 -- Adopt the Palm Beach County Unified Local Mitigation Strategy (LMS) Plan. D. PROPOSED RESOLUTION NO. R10-038 -- Approve an Agreement with Government Services Group, Inc. (GSG Inc.) to assist the City of Boynton Beach to maintain the Fire Assessment Program for FY 2010-2011 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,000 should they become necessary. This item was pulled for discussion by Commissioner Holzman. Barry Atwood, Finance Director, explained the Fire Assessment had to be re-authorized after the original Assessment had sunset. The proposed resolution would approve an agreement with Government Services Group to provide the technical support not available with staff. It would not commit the Commission to assess the Fire Assessment, it would allow for the collection of information to make the decision. Commissioner Holzman suggested the request may have been premature since a decision had not been made to continue the Fire Assessment. Mr. Atwood replied, due to TRIM notifications, the data had to be compiled early to meet the notice requirements. Commissioner Holzman inquired if the data had changed significantly since the last assessment. Mr. Atwood responded the Company would draw down all the parcels in the City and the ownership of the parcels for presentation and aggregation. Ownership changes and separate notices would have to be sent to those owners. The Fire Assessment could not be continued without the necessary data compiled and owners noticed. Vice Mayor Hay supported the proposal. Mayor Rodriguez concurred it was necessary. Mr. Atwood noted some of the work was being done by staff, but the analysis and categorization could not be done by staff. Requests for Proposals had been sent out previously and GSG, Inc. offered the lowest price and was the most experienced with the City. Motion Vice Mayor Hay moved to approve. Commissioner Ross seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 E. PROPOSED RESOLUTION NO. R10-039 -- Approve the Non-Profit Developer Agreement between the City of Boynton Beach and (1) The Boynton Beach Faith-Based Community Development Corporation, together with (2) R. M. Lee Community Development Center, Inc. (CDCs), to act as developer under the City of Boynton Beach's Neighborhood Stabilization Program (NSP). Commissioner Orlove had pulled Item 6.E for discussion. He noted the Districts with the most need were Districts " and IV. The government had designated certain areas and he hoped other areas of the City would be considered in the future. Quintus Greene, Development Director, agreed the government had established the funding would go to the Districts with the largest number of foreclosed properties. The checklist supplied by the Housing Urban Development (HUD) required the City to establish the areas with the greatest supply of foreclosed properties. The Commission had expressed the desire to go City-wide. HUD disagreed and advised specific areas had to be designated. Commissioner Ross noted the information provided indicated the gap between Districts on the number of foreclosures had gotten smaller. She hoped HUD would consider the 2010 data. Mr. Greene was willing to pursue the issue of City-wide use of the funds. Vice Mayor Hay recalled the decision had been made to use the funds City-wide except for $400,000 that would assist first time homebuyers within the Heart of Boynton Beach. Mayor Rodriguez questioned the actual inventory of foreclosed homes within each district. He also felt it should be a City-wide initiative and inquired where the monies would ultimately go when the homes were bought, rehabbed and resold. Octavia Sherrod, Community Improvement Manager, replied HUD had supplied the foreclosure counts for each of the municipalities. A specific system was used to tally the foreclosures and the number of homes at-risk of going into foreclosure. The number of sub-prime mortgages in the community was also part of the tabulation. Ms. Sherrod explained she had requested HUD expand the funding City-wide and HUD refused. She preferred the program be City-wide, based on the figures having accelerated since 2008. The areas not in the plan approved by HUD would have to wait for HUD approval. The instructions from HUD were to use the money where it can garner the greatest impact. With regard to the resale dollars, Ms. Sherrod noted there was no requirement to sell the rehabbed homes for a profit. She also indicated any profits received have to be used before any new allocations would be made. Mayor Rodriguez recalled the original decision to use $400,000 exclusively in the Heart of Boynton would now give District" the benefit of the $400,000 plus at least half of the total dollars shared with District IV. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 6,2010 Ms. Sherrod stressed the rules on the funding have been changing almost on a daily basis as the program evolved. Mayor Rodriguez was interested in the CDCs developing a solid plan of action to move the project forward. Ms. Sherrod mentioned liability issues had to be factored into the equation and partnering with the CDC would alleviate the risk for the City. The CDC would have title to the properties and would have to manage and maintain the properties. Keturah Joseph, of the CDC, advised a plan had been submitted to the Community Improvement Manager and the Development Director. She stressed she had over 20 years experience in managing properties. Although the approval had not yet been given, the CDC had already accumulated data on the available properties and had a list of 12 properties available for purchase. Negotiations with the lenders would commence as soon as the agreement would be signed. The CDC had years of experience in identifying buyers, counseling the buyers and assisting them with financing. They have assisted 120 families in the last ten years in the City of Boynton Beach. Ms. Joseph did acknowledge taking ownership of the property was a different aspect, but not something they could not manage. Mayor Rodriguez expressed concern the plan had not been in place and distributed to the Commission prior to the meeting. Ms. Joseph advised there was an internal plan in place, but she had not been requested to produce the plan until recently. Commissioner Holzman's concerns addressed the use of the CDCs and inquired if a Request For Proposal (RFP) was issued or other organizations investigated. Ms. Sherrod advised there was no requirement for an RFP. Since the CDCs were sub- recipients of the CDBG funds, the City could delegate to them. It is an NSP ruling. There are only two non-profits in the jurisdiction and the direction was to work with eligible non-profit organizations. The CDCs have worked with the City and CRA and for-profit developers. It was felt they were the most appropriate non-profits having the longest history with the City. They are a HUD certified housing agency and have CDBG experience. Commissioner Holzman expressed his concern that the City had not looked at any other organizations or discussed the selection with any other individuals. He stressed the City should keep itself open to all who could provide services. Ms. Sherrod responded the City had worked with other non-profits in the area. The Boynton CDCs had provided probably 95% of the assistance needed in the past. HUD approved the use of the CDCs. Commissioner Holzman questioned why staff could not provide the service so the 13% paid to the CDC to administer the program could be used to further rehabilitate another home or purchase more properties. Ms. Sherrod emphasized it would be a tremendous 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 6,2010 strain on the existing staff. Commissioner Holzman pointed out if the staff would be overseeing the program, perhaps they could administer the program too. Ms. Sherrod explained handling the magnitude of the phone calls and participants in the program would be a strain on the entire staff. Vice Mayor Hay understood there was a timeline to get the funds expended and the CDC would be able to expedite the process better than the City. Mr. Greene agreed. He also quoted from the restrictions placed on the City by HUD, 'The City received three times its FY 2008 CDBG allocation. HUD has determined that any grantee receiving NSP funding in excess of three times its FY 2008 CDBG allocation is at high risk that its management system is inadequate to administer these funds. Since your NSP grant amount is greater than three times your jurisdiction's FY 2008 CDBG allocation, the NSP grant agreement contains a special condition requiring information to be submitted demonstrating the adequacy of staff and other resources to administer the NSP grant." Part of the City's response to the HUD condition was the retention of the CDC. Commissioner Ross understood the requirement and hoped staff could continue to move forward with the plan. She established that the number of homes involved would be 12 to 15 properties. Commissioner Ross was eager to have staff work with the CDC until September on the foreclosed homes. Ms. Sherrod stressed with the changing real estate market, there was no way to estimate how many homes would be involved. Commissioner Holzman calculated the CDC would receive approximately $500,000 or 13% for administration of the program. Ms. Sherrod replied other municipalities had been surveyed to determine the rate as well as the industry standard which was 12% to 15%. Commissioner Holzman noted the 13% could be used to hire one person to administer the program. Mayor Rodriguez inquired about the impact of tabling the matter until a plan could be produced and reviewed. Ms. Sherrod replied the City would lag behind in the program. Mayor Rodriguez reiterated his concern that a definitive plan of action from the CDC and the City staff had not been presented to the Commission. Ms. Sherrod clarified the monies would only be dispersed at time of closing. Commissioner Ross questioned if the City Manager had confidence in staff that a plan was in place and would be executed so the 12 to 15 homes can be developed and completed by September. Mr. Bressner pointed out the agreement contained the responsibilities of the parties and the timeframe required by HUD. He wanted the Development staff to have a focused, direct, specific work agenda for the project and devote their energies and talents to the project and make that commitment to the Commission. Staff productivity on the project currently did not meet the high standard and focused team work would be needed to complete the program by September. He could not give the Commission 100% endorsement of staff. 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 Vice Mayor Hay and Commissioner Ross indicated they wanted the program to move forward as soon as possible and had trust in the staff based on their past record. Delaying the implementation of the program would hurt the citizens and the City should take full advantage of the NSP funds being available. The two local CDCs have already produced and assisted many home buyers and have a good track record. The funds should not be jeopardized to question their competency. There appeared to be a problem with the City creating road blocks to detour progress and help its citizens. Commissioner Orlove agreed with Vice Mayor Hay and Commissioner Ross. The longer the Commission delayed the 12-15 homes would not be available. Motion Commissioner Orlove moved to move the program forward. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public comment. Mark Karageorge, 240A Main Boulevard, discussed the allowable administrative cost was 10% or over $296,000. Mayor Rodriguez explained there were administrative costs for both entities. Mr. Karageorge commended the CDC for the excellent job they have done in the past six years to place citizens in homes. Both CDCs have a track record of success. He was concerned with the administrative fees being wasted paying both entities when the monies could be used for property improvements. The program did need to move forward. Brian Edwards, 629 NE 9th Avenue, supported the program moving forward. The concerns over the administrative costs were important, but the National Organization for Charities supports a 25% fee. He argued 13% was a good deal and other purchases that the City and CRA have conducted involved much more than 13% in administrative costs. The community involved is one that needs the help the most. The CDCs have people from the community helping the City to develop and re-develop the community and save the City money. Mr. Edwards stressed the CDCs have partnered with the City for many years and he was frustrated with the constant argument about the administrative fee for a program that could help so many. Commissioner Holzman indicated he wanted to move forward with the program as well, but remained concerned with utilizing the two organizations without further investigation into possible alternative organizations. He perceived a lack of transparency in the way the agreement was written. Mayor Rodriguez commented the CDCs have done a great job counseling and pre- qualifying potential homeowners. He did not know if they had completed acquisitions of 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 the magnitude of the current project. His biggest concern was he held the City Manager responsible for the City and if the City Manager was uncomfortable with the plan, he was uncomfortable and could not support the plan. Mayor Rodriguez preferred the matter be tabled. Vice Mayor Hay understood the observations of the Commission. He did have confidence in the City Manager, but would like to have more detail on his concerns with the Department in question. It should not; however, impede the progress of the program. The details could be worked out at a later time. The motion passed 3-2 (Mayor Rodriguez and Commissioner Holzman dissenting). F. PROPOSED RESOLUTION NO. R10-040 -- Ratify the SEIU Florida Public Services Union White Collar FY 2009/2010 Collective Bargaining Agreement. Commissioner Holzman requested discussion on the pending MOU under Future Agenda items and the impact on this collective bargaining agreement. Attorney Cherof explained the collective bargaining agreement was a stand-alone document. The MOU requested that the monetary benefits that were required to be paid pending ratification would not be recouped through payroll deduction. The collective bargaining agreement is totally consistent with the Commission and bargaining unit approvals. Motion Vice Mayor Hay moved to approve. Commissioner Holzman seconded the motion. The motion passed unanimously. G. PROPOSED RESOLUTION NO. R10-041-- Ratify the SEIU Florida Public Services Union Blue Collar FY 2009/2010 Collective Bargaining Agreement. H. PROPOSED RESOLUTION NO. R10-042 -- Approve Addendum #1 to Lease Agreement between the City of Boynton Beach and the Boynton Beach Child Care Center, Inc. (This item was previously tabled) 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 15 Meeting Minutes Regular City Commission April 6, 2010 Boynton Beach, FL 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve the First Reading of an Ordinance abandoning a portion of SE 1 st Avenue between SE 4th Street and the FEC Railroad. (The expeditious placement of this item before the Commission will allow for the concurrent review of Second Reading and the corresponding site plan application on April 20, 2010) (1st READING PROPOSED ORDINANCE 10-007) (This item was moved to Legal, 13.A) 10. CITY MANAGER'S REPORT A. Accept the final report from the Green Community Alliance as an informational item. Carisse LeJeune, Assistant to the City Manager, reviewed the history of the creation of the Green Community Alliance that created implementation programs and strategies to be considered. The resulting report had been provided to the Consultant, CDM, to be utilized in the creation of the Climate Action Plan She recognized the members of the Community Alliance that were present. Vice Mayor Hay commented they had done a fantastic job. Commissioner Orlove indicated he was very impressed with the report, especially the transportation and alternative fuel sections. He also commended Commissioner Ross for her involvement. Commissioner Orlove inquired if other communities had undertaken similar programs. Ms. LeJeune replied the City was a leader in Palm Beach County being the first municipality to complete a Greenhouse Gas Inventory and a Climate Action Plan for future sustainability of the City of Boynton Beach. Commissioner Ross recognized the efforts of the Alliance as well as the subteams for renewal/alternative energy and fuel utility, sustainable construction, land use/landscaping and irrigation, transportation and education. Ms. LeJeune stressed the education component would be ongoing for the future. Motion Commissioner Ross moved to accept the report of the Green Community Alliance. Commissioner Orlove seconded the motion. The motion passed unanimously. 16 Meeting Minutes Regular City Commission April 6, 2010 Boynton Beach, FL B. Accept report and presentation from CDM for the City of Boynton Beach Greenhouse Gas Emission Inventory. Dr. Patrick Gleason and Lauren Miller of CDM presented a PowerPoint presentation that is attached to the minutes. It was informational only and no decisions were required. The work was 100% supported by grant funds from the Department of Energy. If the suggestions were implemented, the savings could be over $1 million annually and future regulations would already be met. Motion Commissioner Ross moved to accept the report and presentation from CDM for the City of Boynton Beach Greenhouse Gas Emissions. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Authorize staff to prepare ordinance or resolution to create a financial advisory committee to assist with budget and financial stability recommendations. Mr. Bressner indicated a comparative review of other municipalities and their financial advisory committee had been prepared. He focused on the City of Delray Beach's program as best practices for the report prepared and the structure of the budget review committee. It was a permanent committee with seven regulars and two alternates that was charged with reviewing the City's budget systems and procedures, technology improvements or related materials and concepts to make recommendations concerning the issues. The recommendations covered revenues, salaries, benefits, operating expenses, debt services, expenses, capital outlay, grants or transfer of funds, a broad based review. Five of the nine members of the task force must have at least one of the qualifications of being a certified public accountant or accounting professional or financial professional or certified financial planner, investment advisor, insurance professional with property, casualty or health insurance, business owner, manager or officer or someone possessing an MBA or MPA degree. The remaining members can be citizens at large. The members also had to be residents, own a property within the City or an officer, director or manager of a business located within the City. Mayor Rodriguez stressed the committee would be a tool the City could use to evaluate and maneuver through touch economic times. The cost would be the same as it is for any advisory board. Mr. Bressner surmised there would be some staff cost to provide a liaison and some incidental cost of $5,000 to $10,000 to cover any outside research necessary. Mayor Rodriguez envisioned the members would be appointed by the Commission and he requested the City Manager and the Finance Department review the applicants and propose a team to the Commission to finalize and approve. He was optimistic the committee could be utilized in preparation of the budget cycle this year. Mr. Bressner 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 6,2010 agreed the timing would be tight and some recommendations could be made, but not with a great deal of detail this year. The proposed budget would be submitted to the Commission by early July. By August 1 st the tentative millage rate had to be adopted for the property tax, the largest source of revenue for the City. The committee this year may have to be a hybrid along with staff and Commission review. He anticipated a close budget cycle and some programs and services provided may not be available this year. The budget review committee could assist in vetting some of the programs and services to hear from other interested parties on the necessity of continuing the programs. Motion Commissioner Holzman moved to move ahead. Vice Mayor Hay seconded the motion. Attorney Cherof advised the board would be created by Ordinance with two readings. There was consensus that the Chamber of Commerce be a source of finding members with the proper qualifications. Mr. Bressner added excellent cost data had been prepared by staff on the cost of programs and he thanked staff for the database of information already in place. Mayor Rodriguez was excited to move forward with the implementation and the return on the investment would be cost effective. The motion passed unanimously. 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09-030 is subject to the discretion of the City Commission. (Tabled to April 20, 2010) B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 20, 2010) C. Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (Tabled to April 20, 2010) D. Boynton Vista II, SPTE 10-004, located at 419 South Circle Drive. Request approval for a one (1) year site plan time extension for major site plan modification (MSPM 07-004) approved on May 20, 2008, from November 20, 2009 to November 20,2010. (Tabled to April 20, 2010) E. Consideration of a MOU with the SEIU FPSU White Collar bargaining unit requiring monetary benefits paid to bargaining unit members under the status 18 Meeting Minutes Regular City Commission April 6, 2010 Boynton Beach, FL quo since 10/1/ 09 until current will not be recouped by payroll adjustment deduction. (April 20, 2010) F. CRA Agreement to Fund Museum Renovations: The Department of Housing and Urban Development has awarded the Boynton Beach Community Redevelopment Agency (CRA) a $294,000 Consolidation Appropriation under Economic Development Initiative-Special Project B-08-SP-FL-0052. The Boynton Beach CRA will use these funds to help the City make renovations to the 1913 Schoolhouse Children's Museum and Learning Center. (April 20, 2010) G. Review of City of Boynton Beach Climate Action Plan First Draft: Consultant CDM will give presentation on first draft of the comprehensive Climate Action Plan to advance the city's energy conservation and sustainability goals. (April 20, 2010) H. Capital Improvement Status Report - Initial City Commission review of 2010- 2011 Capital Improvement Budget (General and Utilities) and Five-Year Capital Improvement Plan. (TBA) I. Police Complex - Discussion of project timing, scope, location and funding alternatives available. (TBA) 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations intended to appropriately group and regulate uses categorized under the heading "Indoor Athletic InstructionfTraining", to maximize the consistent and uniform treatment within the M-1 and PID zoning districts, and provide staff with desired direction. Ed Breese, Principal Planner, advised the amendment would increase the consistency in the uses ~uch as dance instruction, cheerleading and rectify incremental Code amendments over the last few years. It would create a blended category of uses with similar characteristics, under one heading of Indoor Athletic InstructionfTraining. It would allow them in the industrial district and all three planned industrial districts. The change would include gymnastics, dance, jazzercise and Pilate instruction, cheerleading instruction, Karate instruction, indoor golf facilities and other having similar characteristics to be conditional uses and allow for a case-by-case review of any request. Staff sought direction from the Commission whether to proceed with an ordinance encompassing the changes. 19 Meeting Minutes Regular City Commission April 6, 2010 Boynton Beach, FL Motion Commissioner Holzman moved to allow the preliminary review of a potential amendment of the Land Development Regulations. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Discussion on pending Children Services Council legislation. (This item was discussed prior to 6. Consent Agenda.) Mr. Bressner framed the issue to be discussed. Two bills were pending in the Senate and the House that would require the Children Service Councils throughout the State to be re-authorized every six years. If approved, the re-authorization could appear on the ballot in the August primary. The League of Cities had expressed concern because the programs of the Council provide services or funding to many other agencies and if not approved, would have to be funded by the municipalities, other public agencies or funding would not be available. Many of the programs are preventative in nature for children and their families. In 2000 a millage rate of $1 per $1,000 was established by referendum vote. Commissioner Ross stressed the services provided are very necessary for the community. Commissioner Orlove concurred with Commissioner Ross. Tana Ebbole, CEO of the Children's Services Council, advised there were seven Councils in the State that had gone to referendum to create independent Councils. She understood it did not make sense that an independent taxing unit would sunset every six years and -have to create a political action group to campaign to be authorized every six years. The local Council served approximately 50,000 children and families last year. Four goals were established that children are born healthy, ready for school, not abused or neglected and have access to quality, after-school programs. Motion Commissionei' Ross moved to approve the Resolution in opposition to Senate Bill 1216 and House Bill 1227, legislation which requires re-authorization of Children Services Councils every six years by referendum. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Discussion of City Commission salary increases. .. Mayor Rodriguez explained he had been made aware of a Commission salary increase that would automatically take effect that had not been allocated. He reiterated that leadership should start at the top and the increase should be frozen and set an example 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 for the rest of the employees and the community at-large. Vice Mayor Hay agreed 110%. Commissioner Holzman agreed and mentioned other benefits should also be reviewed to assure consistency. Mr. Bressner advised another scheduled increase would automatically be made to the expense accounts in June. Mayor Rodriguez recommended both increases be frozen. Commissioner Ross noted the fiscal impact of the salary freeze would save $1,977.07 and contributed to the cause. Motion A motion was made to freeze both increases and properly seconded. The motion passed unanimously. 13. LEGAL A. Approve the First Reading of an ordinance abandoning a portion of SE 1 st Avenue between SE 4th Street and the FEC Railroad. (The expeditious placement of this item before the Commission will allow for the concurrent review of Second Reading and the corresponding site plan application on April 20,2910) (1st READING PROPOSED ORDINANCE 10-007) Attorney Cher'bf read Proposed Ordinance NO.1 0-007 by title only on first reading. Commissioner Holzman understood the abandoned property would be equally divided between the property owners on either side of the 40-foot right-of-way and the property owners could ,discuss any modification of that division. Motion Vice Mayor Hay moved to approve. Commissioner Holzman seconded the motion. The motion passed unanimously. Vote City Clerk Prainito called the roll. The motion passed 5-0. 14. UNFINISHED BUSINESS None 21 Meeting Minutes Regular City Commission Boynton Beach, FL April 6, 2010 15. ADJOURNMENT Mayor Rodriguez thanked the Commission, staff, citizens and police officers who stayed throughout the meeting. There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 10:07 p.m. CITY OF BOYNTON BEACH ATIEST: 22 ,....., ,. to "'C .- '- 0 - L&. > ... cu ~ ..c: U) 0 u ::J"" to o t: 4 ~cu GJ t: > ~ cu.E c cu .-.. ~LLI 0 CJCJ ...., ns::I: C ~CJ > 0....... 0 .... U) t: t: ~ cu 0 \I- e"V; 0 U) ...-t 0 C. "- 0 o e N > - .. CULLl U) ...., > U) - .- .- CU ns '- U CCJ Q. c:( COM is Assisting the City in Development of the Climate Action Plan (CAP) . $658,900 grant from US Department of Energy (DOE) Energy Efficiency Conservation Block Grant (EECBG) for energy efficiency and conservation improvements . Component 1 - Develop and Implement an Energy Conservation Strategy for DOE . Component 2 - Conduct a Greenhouse Gas (GHG) Emissions Inventory . Component 3 - Develop a Comprehensive Clim~te Action Plan (CAP) to A'-'vance ':~ 'l 2 Breakdown of Money Project Cost Component 1: EECBG Energy Conservation $70,160 Strategy Component 2: GHGE $63,940 Inventory Component 3:Climate $61,800 Administration Total Cost Action Plan (CAP) Total of CDM Tasks $195,900 $25,163 $221,063 Activity 2: Retrofits at Ezell Hester $388,000 $49,837 $437,837 Comrnu(lityCenter, 3 GHG Emissions Inventory for the City of Boynton Beach - a First for Palm Beach County . Component 2 of the Climate Action Plan . The City's GHG inventory . Conducted with EECBG grant funding . Includes both City operations and the City community at large . Utilized the Clean Air - - -- Climate Protection Software from ICLEI . Calculations for calendar year 2006 4 Overview of GHG Emissions and Sources City Operations Community GHG's From Each Source Electricity "'-Water Plant Electricity Primary: CO2 & Buildings Secondary: CH4, N20 Natural gas - heating Natural gas - heating Primary: CO2, Secondary: CH4, N20 Propane - heating Fuel Oil - heating Primary: CO2. Secondary: CH4. N20 Diesel and gasoline - Transportation - vehicle miles traveled Primary: CO2, Secondary: CH4, vehicles, equipment within City limits N20 City employee Public transportation - Boynton Beach Primary: CO2, Secondary: CH4, commuting - fuel combustion Trolley. Palm Tran and Tri-RaiJ N20 Solid waste emissions Solid waste emissions Primary: CH4 Secondary: CO2, N20 Refrigerant releases - ice machines, HFCs refrigeration equipment Wastewater treatment N20 processes 5 GHG Emissions by City Operations 2006 . Total emissions is about 29,300 metric tons of carbon dioxide equivalent Iii Building & Facilities - 20% 50/0 2010 .010/0 200,10 . Streetlights & Traffic Signals - 4% 1 50,10 Iij Water Delivery Facilities - 29% 10/0 40/0 Ii Wastewater Facilities - 24% Iij Mobile Equipment - 1 % IiVehicleHFleet -15% li;ljr;l])ploy,~ei~orturll!lting - .5% 6 Estimated Vehicle Fleet GHG Emissions by Department 2006 ii Solid Waste - 32% . Other Departments - 6% fiii Forestry and Grounds - 2% II Roads & Streets - 2% Iiiil Facilities Management - 2% ii Parks Department - 3% !;d Fire - 7% Ii Water Utilities - 18% 7 The Largest GHG Emissions Are From Electrical Usage in City Operations t/) 25,000 - t: CD ca .~ 20,000 ::s C" W CD 'tJ 15,000 .;C .2 c t: 10,000 0 .a ~ ca 0 - 5,000 0 2,327 t/) t: ~ 6 15 26 378 0 8 Large Individual Sources of GHG Emissions - City Operations SoufllCefitraJ'RegionalWastewater Treatr1"lentPlant, 5,258 17.9% 1801 North Con ress Avenue Membrane Softening Water Treatment Plant, 4,990 17.0% 5469 West Bo nton Beach Boulevard Vehicle Fleet 4,416 15.1 % City Hall, 100 East Boynton Beach Boulevard 2,315 7.9% Wastewater Pumping Stations 1 ,829 6.2% Lime Softening Water Treatment Plant, 1,536 5.2% 124 East Woolbri ht Road Employee Commuting 1 ,476 5.0% Streetlights & Traffic Signals 1,237 4.2% Hester Center, 1901 North Seacrest Boulevard 512 1.7% 23,569 9 GHG Emissions by Operational Boundary - City Operations - Source Metric Tons C02e Natural Gas 6 Pro ane 15 26 Mobile E ui ment 241 Wastewater Processin 378 Vehicle Fleet 4416 Direct I Sco e 1 Emissions Electrici Indirect I Sco e 2 Emissions 10 GHG Emissions by Source Community-Wide 2006 Ul 500,000 - c .!! 450,000 <<l > ";5 400,000 C" w CD 350,000 'tl "~ 300,000 i5 c 250,000 0 ~ 200,000 0 '0 150,000 Ul 5 100,000 F u 50,000 "0: 14 2,366 5,811 - CD :E 0 11 Percentage of GHG Emissions by Sector Community-Wide 2006 II Transportation - 48% . Public Transportation - 0.25% Iii Commercial - 21 % II Solid Waste - 3% IiiiI City Operations - 3% II Industrial - 0.5% Iiiij Residential - 25% 12 Total GHG Emissions in Boynton Beach 2006 . City Operations: 29,334 MTC02e . Community-wide: 931,305 MTC02e . Grand total: 960,639 MTC02e . City has control of 3% of grand total - focus forecasting and goal setting on city operations . Forecasting assists goal setting and avoids subjective reduction goals which are not based on analysis 13 Per Capita Metrics (metric tons of C02e) '_ - ,~-'~ ' t>,;, :':: -::-'. " ;~, :,' ' - ~'" '6"':'~T -'... City of Boynton Be~ch (2006) 14 67,644 Florida (2006) 19 18,088,505 U.S. (2007) 24 301 ,579,895 City of North Miami, FL (2006) 10 57,670 City of Gainsville, FL (2008) 16 124,491 14 Forecasts: Percent Change of GHG Emissions from 2006 Levels Scenario 1: Business as Usual .;110/0 -80/0 -g% Scenario 2: U.S. Mayor's Climate -36% -36% -36% Pledge Projections Scenario 3: Pending and Non-binding -140/0 -210/0 -27% Florida Legislation Total Reduction between Scenarios 1 and 3 -30/0 -130/0 -180/0 15 Comparison of GHG Emissions Forecasts for City Operations 35,000 30,000 25,000 ~Scenario 1: Business Q) 20,000 as Usual N 0 0 I- :::.\'E 15,000 ~Scenario 2: U.S. Mayor's Climate Pledge Projections 10,000 ....-Scenarlo 3: Pending 5,000 and Non-binding Florida Legislation - 16 Electricity Emissions Decrease from BAU to Meet Goal of 18% GHG Reduction in 2035 ""--.." -",-. :"'C, % GHG'Reduction of.. ~Iectri~ity; Emissions 3% 17% 250/0 froOlBAU % Total GHG 30/0 130/0 180/0 Reduction from BAU 17 Assuming 10% Reduction in Vehicle Fleet Fuel Use - Electricity Emissions Decrease to Meet Goal of 18% GHG Reduction in 2035 . ~$'~~~'~~~~(idtfof1.6f ElectriFityEmissions 2% 16% 23% fromBAlJ % Total GHG 3% 13% 18% Reduction from BAU 18 Potential Annual Cost Savings by 2035 Gasoline Fuel Cost $2.85 per gallon Diesel Fuel Cost $2.99 per gallon Electricity Cost $ 0.11 per kwh Total fuel & electricity savings in 2035 $1,209,000 (all reductions made in electricity) Total fuel & electricity savings in 2035 (100/0 reduction in fuel use, remaining $1,227,000 reductions made in electricity) 19 Conclusion . Forecasts and analysis assist in goal setting . City operations 18% reduction by 2035 is significant, but feasible: . City staff: Committed, focused on reductions since 2008 . Community Alliance: Provides community input . Climate Action Plan is the road map of how to meet forecasted GHG emission reductions and reductions in the overall community 20 ('I ('-- '" c 0 .- ~ Q) a