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Minutes 11-16-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, NOVEMBER 16, 2010 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Father Richard Floreck of St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Rodriguez called the meeting to order at 6:30 p.m. Father Floreck gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Holzman. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Items 6.C, F G, I and N for discussion. Commissioner Hay pulled Items 6.E and I. Vice Mayor Ross pulled Items Hand O. Attorney Cherof announced under Legal, Ordinance NO.10-029 on second reading, there was a sign-in sheet for those wishing to speak on the matter or seeking additional information when the Department of Community Affairs addresses the changes. Mayor Rodriguez wanted to add under New Business, Discussion of the Green Market. 2. Adoption Motion Commissioner Orlove moved to approve the amended agenda. Vice Mayor Ross seconded the motion. The motion passed. 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Ross announced she had attended the Chamber of Commerce monthly luncheon and congratulated the graduates of the leadership class. She had also given the keynote address at the Veterans Day ceremony and highlight the two new additions to the Park; the Gold Star Mothers' monument and Vietnam Veterans' monument. Commissioner Orlove had also attended the Veterans Day ceremony and the Galaxy Elementary Veterans' Day commemoration. He had also supported the fundraiser to help Jack McVey, President of the Little League Association, who recently had a liver transplant and was recovering in Tampa, Florida. Commissioner Orlove was thankful the "Flower Power" sculpture had been recovered. Commissioner Hay agreed the Veterans Day celebration at Galaxy Elementary was interesting and he was impressed with the Veterans who had participated in the event. Mayor Rodriguez had not been feeling well and unable to attend any functions. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the Annual Sand Sifters Volunteers of the Year Awards by the Mayor to Soraya Figueiredo and Pamella Lawrie Mayor Rodriguez presented the awards to Soraya Figueiredo and Pamella Lawrie and commented the volunteers were instrumental in keeping the beaches clean. B. Announcement of the Holiday Extravaganza. Kathy Biscuiti, Special Events Director, announced December 4th would be the Holiday Extravaganza starting at 5:00 p.m. with the annual parade, followed by the tree, Menorah and Kwanza lighting. The Dimensional Harmony Chorus concert would commence at 7 p.m. and would be the Grand Marshal's in the parade. Free parking and shuttle service would be available. Food and drink vendors would also be on location. C. Announce Holiday Boat Parade. The annual boat parade would be starting at 6:30 p.m. at the Boynton Inlet on December 11th with live entertainment at Boynton Harbor Marina including food and drinks available. 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 16,2010 D. Announcement of the City of Boynton Beach receiving the Milestone Achievement Award from ICLEI-Local Governments for Sustainability in recognition of leadership and tangible progress toward climate protection Carisse LeJeune, Assistant to the City Manager, showcased the award the City had received on October 29th at the 2nd Annual Southeast Florida Regional Climate Leadership Summit in Miami. The City of Boynton Beach had achieved the first three milestones of the climate mitigation milestones. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Erica Poapg Jennifer Lopez and Lauren Gotten, residents of the Preserve development, thanked the Commission for investigating their situation and listen to their concerns. Suki deJung, 2076 SW 14th Avenue, congratulated the City on the sustainability award and inquired about the status of the solar panel initiative at the Links golf course. Mayor Rodriguez responded there were several challenges that had to be overcome. Mr. Bressner added staff had discussions with Florida Power and Light in regard to changing the regulations in the State for solar power. Don Scantlan, 13 Cedar Circle, requested the Commission's assistance with requesting the Palm Beach School District close school on Veterans Day so all veterans can participate in the observance. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Ross moved to table the appointments. Commissioner Hay seconded the motion. The motion passed. B. Accept the resignation of Steve Myott, a regular member of the Planning and Development Board. 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 Motion Commissioner Hay moved to accept the resignation. Commissioner Orlove seconded the motion. The motion passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on October 19, 2010. (TABLED on 11/3/10) B. Approve the Minutes from the City Commission meeting held on November 3, 2010. C. PROPOSED RESOLUTION NO. R10-156 - Approve Agency Participation Agreement for American Express Card Acceptance by the City of Boynton Beach and authorize the City Manager to execute the Agreement on behalf of the City - (TABLED on 11/3/10) Commissioner Holzman had pulled the item for discussion. He requested data on the cost and any revenues that may be generated or lost. Mr. Bressner advised the customer would not pay any more to use American Express. Mr. Atwood added only estimates could be made because the cost and use varies by month. The request had been initiated by customers. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. The motion passed. D. Approve the Contract with RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of $49,960.84. TABLED 11/03/10 (REQUEST TABLE TO 12/07/10) Motion Commissioner Orlove moved to table. Commissioner Hay seconded. The motion passed unanimously, 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 E. PROPOSED RESOLUTION NO. R10 - 162 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. (GSG) to assist the City of Boynton Beach to maintain the Fire Assessment Program for the FY 2011-2012 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 $40,500 should they become necessary. Commissioner Hay pulled the item for discussion. He was concerned that using GSG again would encourage protests to be filed. Mr. Bressner added there were comparisons made last year and based on the methodology used and past practices, staff was comfortable with continuing the agreement with GSG. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. The motion passed. F. Approve the sole source purchase of two (2) L1FEPAK-15 cardiac monitor/defibrillators from Physio-Control Inc, located in Redmond, WA, for a total expenditure of: $53,991.56 Commissioner Holzman had pulled the item for discussion. His question related to the possible depreciation in usefulness of the equipment currently being utilized. The life expectancy and benefit of the purchase was also a concern. Ray Carter, Assistant Fire Chief, advised the life span of the equipment was only 7 to 10 years. Only two were being replaced each year due to cost with the final purchase in 2016. The new units offer a higher level of monitoring for the patients and transmit EKGs to the cardiac centers so treatment can immediately be administered. Mr. Bressner noted some homeowner associations had contributed donations to offset the cost of these types of items. The American Heart Association had also given funds for defibrillator devices as well. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. G. PROPOSED RESOLUTION No. R10-163 - Approve the sole source purchase of six (6) LUCAS 2 Chest Compression Systems (automated chest compression devices and associated maintenance) from Physio Control, Inc. , located in Redmond, WA , for the total expenditure of: $92,185; and authorize 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 the City Manager to execute the three-year Service Agreement for service on the equipment purchased. Commissioner Holzman had pulled the item for discussion. Mr. Carter noted 75% of the cost would be covered by a grant from the State of Florida, Department of Health. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed. H. PROPOSED RESOLUTION NO. R10-164 - Expressing support for the Florida Department of Transportation's South Florida East Coast Corridor (SFECC) project including the selection of potential station locations, encouraging the shared access to the current FEC Railway Corridor to reintroduce passenger service, and overall commitment to the project to enhance mobility in Florida's southeast region. Vice Mayor Ross had pulled the item for discussion. She stressed enhancing mobility in southeast Florida was very important to all residents. Potential stations would be located on Ocean Avenue and Woolbright Road. Motion Vice Mayor Ross moved to approve. Commissioner Orlove seconded the motion. The motion passed. I. PROPOSED RESOLUTION NO. R10-165 - Accept and authorize the City Manager to execute the Sub-recipient Funding Agreement for a Federal Fiscal Year 2010 State of Florida Division of Emergency Management Grant in the amount of $30,022.50 providing funds to contract for the preparation of a Flood Plain Management plan for the City of Boynton Beach. Commissioners Holzman and Hay had pulled the item for discussion. Commissioner Holzman sought clarification on how improving the rating system would benefit the City. Andrew Mack, Interim Building Official, explained the City's participation in the National Flood Association Program afforded all residents a discount on flood insurance that reside in the flood plain. The new program would drop the rating from seven to six and equate to another 5% savings for the citizens. 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 Commissioner Hay was impressed with the program because it saved money for the citizens and improved the community rating. Mr. Bressner added the zones had been mapped. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. The motion passed. J. PROPOSED RESOLUTION NO. R10-166 - Approve five (5) agreements for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 3, 2010. K. PROPOSED RESOLUTION NO. R10-167- Approve the new collective bargaining agreement (CBA) between the City of Boynton Beach and the SEIU FPSU Blue Collar employees for FY 2010/2011. L. PROPOSED RESOLUTION NO. R10 -168 - Approve the new collective bargaining agreement (CBA) between the City of Boynton Beach and the SEIU FPSU White Collar employees for FY 2010/2011 M. Accept the written report to the Commission for purchases over $10,000 for the month of October 2010. N. PROPOSED RESOLUTION NO. R10-169 - Approve agreement for Water Service Outside the City Limits with Swordfish Real Estate, LLC, for a parcel of land located at the southwest corner of Hypoluxo Road and Military Trail (7005 S. Military Trail, Lake Worth, 33466). Commissioner Holzman had pulled the item for discussion. He assumed the property was receiving water from several sources and wanted to be assured the proper amount was being charged. Peter Mazzella, Deputy Director of Utilities, explained the location had been a convenience store, gasoline station, car wash and changing into a TD Bank. The Bank proposes using potable water for irrigation to meet LEED standards. Impact fees would be charged and only one water source would be maintained. There would be no impact on the residents. Motion Commissioner Holzman moved to approve. Commissioners Orlove and Hay seconded the motion. The motion passed. 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 O. Direct all Advisory Boards to hold a Special Meeting for City required Code of Ethics Training. Vice Mayor Ross had pulled the item for discussion. Mr. Bressner commented the special meetings would focus strictly on the ethics training. It may be possible to consolidate several boards for one night and minutes taken to certify the training had taken place. Mayor Rodriguez suggested one or two consolidated sessions be scheduled. Commissioner Holzman suggested the training take place after the new year and new appointments had been made. While participating in the training would be preferred, a lending library would be established for off-site participation. Mayor Rodriguez declared there was consensus to have two mass training sessions rather than special meetings after the first of the year. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R10-170 - Approve a piggy-back of the State of Florida Contract #618-000-11-1, for office supplies that were awarded to two vendors in our area; Staples Contract & Commercial, Inc. and Office Depot for an estimated expenditure of $220,000. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED RESOLUTION NO. R10-161 - Approve (1) authorizing the issuance of Series 2010 revenue bonds not to exceed the amount of $8,050,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to payor reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2010 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2010 bonds to Municipal Capital Markets Group, Inc. and delegating the Mayor and City Manager to fix the final terms and conditions of the 2010 bonds and documents subject to certain parameters; (4) appointing TD Bank , N.A. as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2010 bonds. (TABLED 11/03/10) Motion Commissioner Hay moved to remove from the table. Commissioner Orlove seconded the motion. The motion passed. Attorney Cherof advised there was a request by the interested parties to table the matter to December 7,2010 to allow for additional notice to the public. Motion Vice Mayor Ross moved to table the Item to December 7,2010. Commissioner Orlove seconded the motion. The motion passed. B. PROPOSED ORDINANCE NO. 10-030 - FIRST READING - Approve Adult Entertainment (CDRV 10-008) code review to amend the Code of Ordinances, Part II, Chapters 3 and 13, and Part III, Chapter 2 to update regulations and provisions applicable to adult entertainment uses, involving terms & definitions, revised distance separations, alcohol sales restriction, permitted and conditional use status, and operational requirements. Applicant: City-initiated. Attorney Cherof read proposed Ordinance NO.1 0-030 by title only on first reading. Mike Rumpf, Director of Planning and Development, recalled the history of the proposed Ordinance coming before the Commission including a moratorium. He reviewed the Court case decisions that would include zoning and police powers to protect the health, safety, welfare and morals of a community, protect the First Amendment rights to free speech, regulate the secondary effects of such businesses, rather than the activity and community values and negative impacts. Mr. Rumpf gave an extensive overview of Court cases over the last 34 years that molded the current status and regulations relating to adult entertainment facilities in any and all areas. He stressed adult entertainment businesses cannot be precluded or the regulations zone them out. Distance separation was another aspect. Alcohol prohibition has been upheld. It is essential to have documentation to support the regulations and make them defensible. 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 Land availability is another issue and has been extensively litigated over the years. The economy and market trends should prevail. There is no requirement that vacant land be provided. Like all businesses, the owners have to locate their establishments in what is available. The approval process cannot be onerous and an appeal process has to be outlined if requests would be denied. Licensing requirements have been upheld. Data gathered revealed the police calls to adult entertainment establishments were greater in number than to restaurant/bar type establishments. Mr. Rumpf reviewed the history of the regulations of the City of Boynton Beach to their current state. There are now only three properties available for adult entertainment establishments that wee displayed to the Commission on a map. There is a 1,000 foot residential separation and the entire boundary of the property must be outside the limit resulting in only two parcels being available. The regulations would reduce the separation to 750 feet to provide adequate opportunities or available sites within the City. There would be additional parcels in Quantum Park and in Boynton Commerce Center PID. Commissioner Orlove located a property west of 1-95 and south of Caloosa Park, but there would be no eligible parcels in that area. One area would be north of Gateway and east of High Ridge on Miner Road. A second area would be in the southeast quadrant of Quantum Park. Area three would be within the Boynton Beach Mall vicinity. Area four involves a condo unit building. Commissioner Orlove established the reason for developing these areas would be so the City would meet some legal standard. Attorney Cherof confirmed there were standards and the proposed Ordinance would meet those standards based on the case law. The number of available parcels would make it defensible. Other distance requirements were reviewed and multiple maps created. The size and population of the City were considered in the mapping processes. The sites are within District IV and District I. Mr. Rumpf continued there are other regulatory measures that would be appropriate to protect the secondary effects upon the community that do not infringe on the elements of the First Amendment rights. Alcohol prohibition is common. There are also buffer zones between a dancer and a patron established. Nudity is limited to the stage with a minimum stage height of 18 inches. Minimum room areas can be established to keep the entertainment in large open areas rather than one-on-one viewing. Mayor Rodriguez thanked Mr. Rumpf for his intense study of the situation and making regulations that would be difficult to establish a business and be profitable. It also gives the police the power they need to regulate the activity. 10 Meeting Minutes Regular City Commission Boynton Beach, FL November 16,2010 Commissioner Orlove commended Mr. Rumpf and his staff for their extensive research. It has been a long-standing request of the Commission. He did question if the alcohol prohibition had been legally tested. Attorney Cherof replied the Federal Courts had ruled on the issue. Commissioner Hay reiterated the praise for the effort put forth to prepare the proposed Ordinance and inform the Commission. He did find it odd that display of male or female butt cleavage can be regulated behind closed doors, but cannot pertain to the baggy pants issue. Vice Mayor Ross inquired if notice to residents would be required. Attorney Cherof replied the public notice would be done with the advertisement for second reading of the proposed Ordinance with the opportunity to come and participate in the public hearing process. There is no special notice requirement. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Review and comment on Historic Preservation regulations as recommended by the Historic Preservation Ad Hoc Committee. Ed Breese, Principal Planner, advised the Ad Hoc Committee would be making a presentation on the recommendations at the next Commission meeting. The Historic Preservation Ordinance and the regulations had been reviewed for legal sufficiency and the Committee requested the proposals be adopted. They were written into the new Land Development Regulations as opposed to a separate ordinance. It includes the creation of a Historic Preservation program and Board and the option of designating individual properties or historic districts, creation of a certificate of appropriateness, process for reviewing building modifications and provides greater oversight and review of building demolitions. There is the potential for designation of a certified local government providing additional grant opportunities, incentives for rehabilitation of historic structures and the ability to waive some technical building requirements and zoning regulations to preserve historic structures. A frequently asked questions brochure had been prepared to address the concerns of property owners. Public education on the issue has been funded through a grant from the National Trust and the monies from the Boynton Beach Historical Society. A public service announcement that had been created was displayed. 11 Meeting Minutes Regular City Commission Boynton Beach, FL November 16,2010 Commissioner Orlove noted there was an exemption from an increase in ad valorem taxes for a ten-year period. Mr. Breese indicated the State had approved the regulation and the County had adopted the same. It would only cover an exemption on the increase in value of that portion of the improvements. Commissioner Holzman expressed his appreciation to Mr. Rumpf, Mr. Breese and the Ad Hoc Committee for their diligence in pursuing the issue and it was long overdue for the City of Boynton Beach. Commissioner Hay echoed the commendation and was excited about the new direction the City would be taking. Vice Mayor Ross hoped the public service announcement would be shared with many as it was to the point and compelling. Warren Adams, Chair of the Ad Hoc Committee, indicated a presentation would be made at the second reading of the Ordinance. On behalf of the Committee he thanked the Commission for taking the step forward. Attorney Cherof advised the regulations would be included in the Land Development Regulations and would be adopted at the same time. He also pointed out the provisions should provide the Board would select the Chair and Vice Chair and it should also include the Board members would serve at the pleasure of the City Commission and could be removed at any time. D. PROPOSED ORDINANCE NO. 10-025 - FIRST READING - Approve the LDR Rewrite project (CDRV 07--004) code review to reformat existing Part III Land Development Regulations, consolidating existing 23 chapters into four (4) chapters; comprehensively updating rules and regulations that govern land development in the City; modifying and expanding the list of permitted and conditional uses; incorporating green and sustainable provisions; promoting water conservation measures; expanding the provisions for affordable housing; simplifying the concurrency management system and streamlining the development approval process. Applicant: City initiated Mike Rumpf introduced Eric Johnson and commended him for his hard work over the past few years to have undertaken the task of doing the rewrite. Eric Johnson, Planner, read Proposed Ordinance No. 10-025 by title only on first reading. The project was started in 2002 and staff presented deliverables over the past three years to the Planning and Development Board and the Commission. There was input from professionals in the sign industry and wireless communication facility industry. The objectives were to preserve and utilize the work efforts, maximize user friendliness, continue public and professional involvement, and use a flexible approach while maintaining the functions of the Planning and Zoning Division. It condensed the prior version from 24 chapters to 4 chapters. A use matrix was created reducing the uses from 444 to 165 uses based on the North American Industrial Classification System. The uses in the M-1 corridor were expanded. The adult entertainment, pain clinic and 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 dry cleaning ordinances would be included. Conventional zoning wisdom was used that each use should be permitted in a zoning district as opposed to uses allowed conditionally only. The landscape code includes many water conservation regulations and promote the use of native or drought tolerant species with an emphasis on reducing sod. Many of the new graphics included were displayed. The new provisions were more business friendly. The concurrency standards were revamped and definitions were consolidated in one area. It is a dynamic and ongoing process that requires constant re-evaluation and updating. There will continue to be amendments to the Code. Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. E. Approve South Florida Radiation Oncology (fka Boynton Beach Cancer Center) (SPTE 10-008) first site plan time extension for a second-story addition of approximately 1,000 square feet to an existing medical office in the Office Professional zoning district. Applicant: Richard K. Brooks, Jr., Architect. Attorney Cherof administered an oath to all those intending to testify on Items 9.E and F and gave a brief overview of the procedure to be followed. Mr. Breese reviewed the request for a site plan time extension. Approval for a major site plan modification and Zoning Code variance for parking had been obtained. The addition would accommodate another cancer treatment room housing very large equipment. The applicant had been focused on another facility and could now be focused on this facility. The traffic performance standards would be met. The extension would be subject to all of the original conditions of approval. Staff recommended approval for an expiration date of August 17, 2011. Richard Brooks, Jr., Architect for the project, was present for any questions. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. F. Approve Historic Jones Cottage Relocation (MSPM 10-002) major site plan modification relocating the 790 square foot Historic Jones Cottage to a 0.336- 13 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 acre parcel at the southwest corner of Ocean Avenue and SE 4th Street in the CBD (Central Business District) zoning district. Applicant: AI Phillips, REG Architects, Inc. Mr. Breese located the proposed new site of the historic cottage and the ingress and egress on SE 4th Street. The cottage would be leased for either a restaurant, coffee shop or some type of retail use. The site would be devoid of any sod and reduce the irrigation demand. Staff recommended signage of appropriate scale and character for the property and consistent with any other historic structures on Ocean Avenue. Approval should include compliance with all conditions of approval. AI Phillips of REG Architects, advised the applicant agreed with all conditions of approval. The interior is open and based on the vendor selected would be modified. Motion Commissioner Hay moved to approve subject to the conditions of approval. Commissioner Orlove seconded the motion. The motion passed. 10. CITY MANAGER'S REPORT A. Consider request from The Greater Boynton Beach Sister Cities Committee, Inc. to pay for their annual membership fees to Sister Cities International in the amount of $685/year and pay the $65 Annual Report fee to the State of Florida. Mr. Bressner explained the request. Vice Mayor Ross reported the group was struggling with low membership. It was now much more active with several new members. A possible Sister City in Haiti is being reviewed and one in Finland. The funds are low at approximately $1,500 and assistance is needed. A fundraiser was being planned for January. She appealed to the Commission for financial aid to support the program. Commissioner Holzman questioned the objectives of the program and benefit to the City. Vice Mayor Ross reiterated the membership has been revived and more involved. She had been selected to help the program and had devoted a great deal of time to revitalize the program. It is an international program with the goal of adopting another City for cultural exchange and ultimately economic development as a result. Mayor Rodriguez noted historically the funding has been from discretionary dollars that are no longer available. He was concerned that they were discussing adding cities when the membership fees could not be paid. Waiving fees for meeting rooms would also be a contribution by the City. Commissioner Orlove agreed with the Mayor's concerns. In his view, the Sister City relationship with Qufu, China had not benefited the City. It needs a broader view and the concept re-evaluated for a more meaningful 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 16,2010 approach that relates to the City of Boynton Beach. Commissioner Orlove suggested a domestic Sister City may be more appropriate. Vice Mayor Ross pointed out there remains a connection between the City and China and there is now a large Haitian community in the area. Her goal had been to change their focus and make them more relevant. Changes have been made and fundraising is ongoing. There is a plan for economic development linked to selecting a city in Haiti. Mayor Rodriguez suggested a presentation from the committee may be appropriate. The current issue is resources and perhaps assistance can be given other than financial support. Commissioner Hay concurred more information was needed, but noted some aspects of any program cannot be quantified with dollars and this was a very small amount. The compassion to underdeveloped countries has to be extended to sustain hope. Mayor Rodriguez countered the funding should have been presented during budget discussions. Commissioner Hay noted there was an alternative to partially support the membership fees. Mayor Rodriguez wanted clarification on the value of the program before any funding would be approved. Vice Mayor Ross stressed the committee was diligent and working very hard to move forward. Motion Commissioner Orlove moved to deny funding pending a report back from the Sister City Committee regarding its mission and direction. Commissioner Holzman seconded the motion. The motion passed 3-2 (Vice Mayor Ross and Commissioner Hay dissenting). 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discussion of a Green Market. (This item was previously added to the agenda) Mayor Rodriguez suggested a green market could be established in the marina area and waterfront. He proposed a committee be assigned to explore a green market for next year. The members should be one from the CRA, one from the City and each Commission member appoint a private citizen. Applications would not be necessary. Commissioner Holzman agreed with the suggestion and stressed it would encourage people coming to the downtown area. The biggest complaint of the current green 15 Meeting Minutes Regular City Commission Boynton Beach, FL November 16, 2010 market vendors was the lack of City involvement. It would bring another identity to the City and enhance the downtown area. Commissioner Hay inquired if a cost analysis had been done. Mayor Rodriguez replied the committee would develop the data and cost for staffs involvement. Commissioner Hay argued if monies were not available for the Sister Cities program, funding would not be available for this endeavor. Vice Mayor Ross had difficulty supporting the idea when her request for funding had been denied for an existing long-term program within the City. Commissioner Orlove suggested other park areas should be considered and a time frame developed. Motion Commissioner Holzman moved to direct staff to come back to the Commission with a time certain as well as the procedure for electing members to a committee to explore a green market. Commissioner Orlove seconded the motion. The motion passed 3-2 (Vice Mayor Ross and Commissioner Hay dissenting). 13. LEGAL A. PROPOSED RESOLUTION NO. R10-171 - Authorize a third extension of the "Notice of Intent" (NOI) and moratorium, extending the moratorium through December 14, 2010, to allow final processing of ordinances following the study of impacts and regulations related to adult entertainment uses. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion carried. B. PROPOSED ORDINANCE NO. 10-029 - SECOND READING - Approve the 2010 update of the Capital Improvements Element (CIE) of the City's Comprehensive Plan for submittal to the Department of Community Affairs (DCA). Attorney Cherof read Proposed Ordinance No. 10-029 by title only on second reading. He reiterated the sign-in sheet would allow for updates on the issue to be sent as the item moved through the Department of Community Affairs. Mayor Rodriguez opened the issue for public hearing. No one came forward. Mayor Rodriguez closed the public hearing. 16 Meeting Minutes Regular City Commission Boynton Beach, FL November 16,2010 Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. (Commissioner Orlove was absent from the dais) C. PROPOSED RESOLUTION NO. R10-172 - Approve an Interlocal Agreement (ILA) with Palm Beach County for the annexation of an enclave, consisting of one 1.88-acre parcel located at 1020931 st Terrace South. Hanna Matras, Senior Planner, indicated annexation of the parcel south of the current site had been approved. The request meets the requirements for annexation of enclaves. The annexation would benefit the City approximately $4,800 annually for taxes and fees. The cost would be negligible. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Robin Bird, owner of the property to be annexed, had discussions with staff and indicated he experienced a decrease in revenues of approximately one-third of his annual gross. He runs a small family business that operates only a small portion of the day. He was hopeful industrial land use and zoning would be forthcoming to benefit his business. The motion passed. 14. FUTURE AGENDA ITEMS A. Proposed Resolution No. R11- Approving and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach - January 4, 2011. B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) C. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3,2010 - (TBD) 17 Meeting Minutes Regular City Commission Boynton Beach, FL November 16,2010 ATTEST: CITY OF BOYNTON BEACH I ~/ Jose Rodri~u ayor. /4L/L Marlene Ross, V'ce "Mayor . 1 19