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Minutes 06-17-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 17, 2008 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Woodrow L. Hay, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez Mayor Taylor called the meeting to order at 6:31 a.m. Commissioner Hay gave the invocation. Vice Mayor Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Hay moved to approve the agenda. Commissioner Weiland seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross reported she had attended a ceremony at the Caridad Center where the Executive Director noted more citizens of the City of Boynton Beach were utilizing the services. The State Representatives, Susan Bucher, Shelley Vana and Maria Sachs were also present for the opening of a new vision van. Commissioner Ross also attended the Women in Government event hosted by the City of Delray Beach Chamber of Commerce. Many of the female State Representatives were present along with the Mayor and Vice Mayor of Delray Beach. The Executive Director and Assistant Director of the City of Boynton Beach CRA also attended. 1 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Commissioner Ross also commented on the dedication of the Veterans Memorial at Bicentennial Park and Mayor Taylor's speech. She urged everyone to visit the park and view the Memorial. Vice Mayor Rodriguez announced he had attended an ethics forum workshop to develop ethics standards for Palm Beach County. It was time well spent and he looked forward to the implementation of the recommendations. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Salute to Independence, Friday July 4, 2008, from 6:30 to 9:30 p.m. at Intracoastal Park. A concert with Ovation Band begins at 6:30 p.m. with a patriotic salute scheduled for 7:30 p.m. At 9 p.m. the world famous "Fireworks by Grucci" will light up the sky. FREE EVENT Mayor Taylor reviewed the details of the July 4th Salute to Independence event. He encouraged everyone to attend the event this year. B. Community and Special Events: None C. Presentations: 1. Proclamations None. 2. Presentation of a certificate to the Mayor and City Commission by Ms. Caryn Seifert of AmSan in recognition of the City's use of Green Seal certified 100% recycled paper towel and toilet paper products, as well as Green Seal certified foam hand soap in all City facilities. Tony Lombardi, Maintenance Manager of the Utilities Department, along with Chris Roschek, Engineering Division Manager, introduced Caryn Seifert and Ed Piland of AmSan and Bradley DeHart of WauSaw Paper, manufacturer of paper products. Ms. Seifert made a presentation recognizing the City's use of Green Seal certified 100% recycled paper products and hand soap. Ms. Seifert thanked Tony Lombardi, Paula LaBlanc, Chris Roschek and Carol Doppler for their roles in carrying out the project. She reviewed the federal definition of green and 2 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 explained the green cleaning principals. Ms. Seifert congratulated the Mayor, Commission and the City of Boynton Beach for their green efforts. Mayor Taylor commended Commissioner Ross for her continuing green efforts. Commissioner Ross announced the City's Green Task Force would be presenting a developer's roundtable on July 18, 2008 at 1 p.m. at the Intracoastal Clubhouse to formulate recommendations for green standards and regulations IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Mack McCray, 806 NW 4th Street, pointed out he had requested information and had not received all the information, including a verbatim transcript. A copy of the Statute pertaining to public record requests was provided. Mr. McCray requested a copy of all of the property in the CRA district from which the City receives revenue rather than the CRA. Any inconsistency should be rectified. Mr. McCray suggested there could have been Sunshine Law violations at the CRA meeting when Vice Chair Rodriguez predicted the vote on an issue. Ethic standards should be implemented. Mayor Taylor advised a public records request should be submitted so the information could be provided. Mr. McCray noted his request for a verbatim transcript had been denied and provisions have been violated. Bill Schmalz, Boynton Leisureville, asserted it was unfair that the City of Boynton Beach did not allow liquor sales on Sunday mornings. He requested that the City address the issue. Mr. Bressner indicated the City Code did not prohibit the sales and suggested the individual stores may be responsible. The law had been rescinded in the State of Florida. John McGovern, 2620 Spiceberry Lane, addressed the issue of the schools and the FCAT scores. Local control of education is a major determinate of maintaining quality control over educational policy and practice. It had previously been suggested that the Commission enhance local control. The current County public school system is the policy of the State of Florida. Local officials should address the issue of more local control through their legislators and create the position for a liaison to the school district. Parental involvement is a concern and their voices should be heard. The boundaries of District 4 should be addressed. Brian Edwards, 629 NE 9th Avenue, reminded the Commission there was still a need for a wellness center. He thanked the Commission and CRA for the movement in the Heart of Boynton project and the inclusion of a wellness center in that area. The PATCH 3 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 committee was still working on the creation of a wellness center concept. Mr. Edwards solicited the assistance of the Commission in their efforts to establish a wellness center. Sunny Garcia, 1631 NW 3rd Lane, requested the Commission set aside more funding for the PAL (Police Athletic League) program and the playoffs. Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of Angela F. Budano, a regular member of the Arts Commission. Motion Commissioner Hay moved to approve Item V.A. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Accept the resignation of George Moyer, a regular member of the Code Compliance Board. Motion Commissioner Weiland moved to approve Item V.B. Commissioner Hay seconded the motion. The motion passed unanimously. Mayor Taylor extended the Commission's appreciation to both board members for their service on the boards. C. Appointments Appointment Length of Term To Be Made Board Expiration Date I Weiland Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Mayor Taylor Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2) II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Weiland Cemetery Board Reg 3 yr term to 12/08 II Hay Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Community Relations Board Alt 1 yr term to 12/08 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) II Hay Library Board Alt 1 yr term to 12/08 4 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Motion Commissioner Hay moved to appoint Martin Helo as an alternate on the Library Board. Commissioner Ross seconded the motion. The motion passed unanimously. III Rodriguez Library Board Alt 1 yr term to 12/08 II III Hay Rodriguez Veterans Advisory Commission Veterans Advisory Commission Alt Reg 1 yr term to 12/08 3 yr term to 12/08 Motion Commissioner Weiland moved to table all other appointments. Commissioner Hay seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - June 3, 2008 Commissioner Hay pulled Item VLA.1 for discussion. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "THREE YEAR LEASE OF SEVEN (7) NEW AND UNUSED 2008 SATURN (VUE) VEHICLES", Bid #089-2110-08jOD to Saturn of West Palm Beach, for $338.56 per month, per vehicle for a total expenditure of $28,439jyear. (Proposed Resolution No. R08-065) (Tabled to .June 17, 2008) (Request tabling to.July 1,2008) 2. Approve the purchase from Ten-8 Fire Equipment Inc., of one new 2008 International chassis model AD-170 type #2 ambulance for an amount not to exceed $172,911. 3. Approve the "ANNUAL SUPPLY OF POL YPHOSPHATE TYPE CORROSION INHIBITORS", Bid #040-2821-08jJA, to Nalco Company of Naperville, IL. for an estimated annual expenditure of $60,000. 5 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Commissioner Hay pulled Item VLB.3 for discussion. C. Resolutions 1. Proposed Resolution No. R08-069 RE: Approving and authorizing execution of Memorandums of Understanding and Attestation to accept funding from the Florida Department of Elder Affairs, Senior Center Fixed Capital Outlay program, for capital improvements to the Boynton Beach Senior Center. 2. Proposed Resolution No. R08-070 RE: Approving and authorizing reinstatement of the Affordable Housing Advisory Committee. Commissioner Ross pulled Item VLC.2 for discussion. 3. Proposed Resolution No. R08-071 RE: Approving and authorizing execution of Amendment #1 to Task Order U07-03-05 with Brown and Caldwell for additional time and effort by the consultant to develop a Water Supply Facilities Work Order Plan as required by the South Florida Water Management District resulting in the additional cost of $9,980. 4. Proposed Resolution No. R08-072 RE: Approving and authorizing amendment to Rule # 19 of the Cemetery Rules & Regulations to correct language to reflect the fee for staff time would be charged if services extend beyond the normal work schedule. 5. Proposed Resolution No. R08-073 RE: Approving Change Order #21 for cost escalations in the amount of $252,518 and the revised Library construction contract award amount to Sessoms Construction in the amount of $6,876,702.69 + $252,518 plus a contingency amount of $175,000 for a total amount of $7,304,220.69. Also review the current Substantial Date of Completion of the Library. D. Authorize members of the City Commission to attend the Florida League of Cities 82nd Annual Conference, August 14-16, 2008 in Tampa, FL. E. Authorize the use of $500 from Commissioner Ross's Community Investment Fund to help fund the Heart of Boynton Community Intergenerational Gathering held on Saturday, July 19, 2008 at the Carolyn Sims Center. Commissioner Weiland pulled Item VI.E. for discussion. 6 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Motion Commissioner Ross moved for approval of the Consent Agenda items with the exception of those pulled for discussion. Commissioner Hay seconded the motion. The motion passed unanimously. VLA.1. Regular City Commission - June 3, 2008 Commissioner Hay pointed out that on the agenda, Item I.c. indicated the invocation was done by Commissioner Woodrow Hay. Commissioner Hay was not present and the minutes should reflect Mayor Taylor did the invocation. Motion Commissioner Hay moved to approve the minutes as corrected. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.B.3. Approve the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS", Bid #040-2821-08jJA, to Nalco Company of Naperville, IL. for an estimated annual expenditure of $60,000. Commissioner Hay questioned why both dry and liquid polyphosphate were being used. Kofi Boateng, Utilities Director, explained the two treatment plants have different treatment processes requiring the use of both dry and liquid chemicals. The concentration of the salt in the liquid solution accounted for the price difference. Motion Commissioner Hay moved to approve Item VI.B.3. Commissioner Ross seconded the motion. The motion passed unanimously. VI. C. 2 Proposed Resolution No. R08-070 RE: Approving and authorizing reinstatement of the Affordable Housing Advisory Committee. Commissioner Ross requested more information on why the committee was being reinstated. Octavia Sherrod, Community Improvement Manager, related the City became an entitlement community in 1997 for SHIP funding. By Statute, a Local Housing Assistance Plan had to be established to develop strategies to provide affordable housing. The advisory board was required before SHIP funds could be received by the City. It was used to assist staff in reviewing land development regulations and other documents to implement affordable housing. The new committee will evaluate the policies, procedures, ordinances, and land development regulations, as well as the City's Comprehensive Plan and its impact on providing affordable housing. The criteria for the committee members had been established by Statute to draw from the various industries and professions. The various definitions of the committee member qualifications and the suggested appointees were discussed. 7 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Commissioner Hay volunteered to serve on the committee. Motion Commissioner Weiland moved to appoint Commissioner Hay to the Affordable Assistance Housing Committee. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Ms. Sherrod reported Robert Taylor from Bethesda Hospital had agreed to serve as the citizen who represents employers within the City of Boynton Beach. She also indicated the initial advisory board was used only to establish the program and not to administer the program. The City of Boynton Beach has been in compliance throughout the program. The many changes that have occurred in the housing industry and economy have precipitated the reinstatement of the committee. Attorney Cherof advised that on occasion, conflict of interests would arise for the board members. The board would operate as a Sunshine board with all the requirements of disclosure, communication and recordkeeping. It would be a Commission decision if legal counsel would be required at the meetings. Ms. Sherrod would be the committee liaison. She advised Brent Clayton had volunteered to serve as the citizen actively engaged in residential homebuilding. Mr. Lamont Robinson had volunteered to serve as the laborer actively engaged in construction. Motion Commissioner Ross moved to approve Item VI.C.2 and the appointments indicated. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VLE. Authorize the use of $500 from Commissioner Ross's Community Investment Fund to help fund the Heart of Boynton Community Intergenerational Gathering held on Saturday, July 19, 2008 at the Carolyn Sims Center. Commissioner Weiland reported he would donate money if the necessary information had been given to the City Manager's office. Victor Norfus, 261 N. Palm Drive, indicated the breakdown had been submitted to Neighborhood Services. Gertrude Sullivan, a resident, advised the breakdown had not been completed, but would be submitted tomorrow. Vice Chair Rodriguez questioned the validity of the sponsorships displayed on the flyer. Mr. Norfus advised the flyers were only a draft. 8 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Commissioners Hay and Weiland requested to donate $1,000 each, pending the appropriate information being submitted to the City Manager's office. Vice Chair Rodriguez donated $500 contingent on the breakdown being supplied. Motion Commissioner Hay moved to approve Item VLE. with the additional amounts as stated. Commissioner Weiland seconded the motion. The motion passed unanimously. Mr. Bressner assured the sponsorships would be clarified before any mailings were distributed. Thelma Lyons, of Neighborhood Services, confirmed the flyer was only a draft. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify on any of the public hearing items. He also explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Description: City Towing (LUAR 07-003) Dave Beasley Charles S. Cook and Alice Snow 506 and 510 NE 3rd Street Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (1). (1st reading Proposed Ordinance No. 08-013) Request to rezone from C-4, General Commercial District to M-1 Industrial. (1st reading Proposed Ordinance No. 08-014) City Towing (ABAN 07-002) Dave Beasley Charles S. Cook and Alice Snow 506 and 510 NE 3rd Street Request for abandonment of a 10-foot wide alley lying between and adjacent to lots 46 and 47 of the Arden Park Addition to Boynton. (1st reading Proposed Ordinance No. 08-015) 9 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Attorney Cherof established the applicant, Dave Beasley, had no objection to Item VIlLA. and Item VIlI.B. being consolidated for hearing. Gabriel Wuebben, Planner, reviewed the staff report and the requests of the applicant. He noted the request for abandonment was common in the area. Public notice was given, as was notice to all the utility companies. There were no conflicts and the alleyway to be abandoned served no public purpose. Mayor Taylor confirmed the applicant understands that the 10 foot alleyway would be evenly split by each adjacent property owner receiving 5 feet. Mr. Wuebben indicated due to the size of the lots, the Department of Community Affairs considered the change a small scale amendment. The request falls within the Comprehensive Plan for expansion of industrial lands within the City. The request for rezoning would not create an isolated district. Staff recommended approval of all requests subject to the conditions of approval su bm itted. Dave Beasley, agent for the applicant, was in agreement with all the conditions of approval. Mr. Beasley acknowledged the screening would need to be addressed and the owners were aware that various improvements and changes would be required. Mayor Taylor opened the issue for public hearing. Gertrude Sullivan, 201 NE 6th Avenue, agreed with the requests as long as the industrial designation did not include 3rd Avenue and the homes on 2nd Avenue. Mayor Taylor assured Mrs. Sullivan the proposed change would not pass 3rd Avenue. Attorney Cherof read Proposed Ordinance No. 08-013 by title only, on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-013. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 08-014 by title only, on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-014. Commissioner Weiland seconded the motion. 10 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 08-015 by title only, on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-015. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. c. Project: Comprehensive Plan Amendments based on the 10- year Water Supply Facilities Work Plan City-initiated Request for amendments to Comprehensive Plan to incorporate State required 10-year water supply Facility Work Plan and related amendments to four elements. (1st reading Proposed Ordinance No. 08-016) Agent: Description: Attorney Cherof read Proposed Ordinance No. 08-016 by title only, on first reading. Hanna Matras, Senior Planner, reviewed the sequence of events that were required for amendments to the Comprehensive Plan relating to the lO-year water supply plan. The projects that were outlined in the plan had been included in the capital improvement budget. The South Florida Water Management District had reviewed the plans and approved the amendments that were required by the State. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to transmit the plan to the Department of Community Affairs for approval. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Project: Land Development Regulation - Rewrite Group 5 (CDRV 07-004) Chapter 3, Article V Supplemental Regulations 11 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Agent: Description: Chapter 4, Article III, Section 3.F.3 Chapter 4, Article III, Section S.B City-initiated A portion of Group 5 deliverable, pursuant to the LDR Rewrite Work schedule, which includes Chapter 3, Article 5. Supplemental Regulations. Chapter 4, Article III, Section 3.F.3 Donation Bins and Chapter 4, Article III, Section 5.B. Crime Prevention Through Environmental Design (CPTED) This proposed section will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 4, 6, 11, 13, 14, 17, and 19; and Chapter 6, Article IV, Section 8 (Seawalls, Bulkheads, Piers and Docks) Eric Johnson, Planner, gave a brief presentation of the planned changes to the Land Development Regulations in Group 5 Rewrite that included changes in the supplemental regulations, crime prevention through environmental design and seawalls, bulkheads, piers and docks sections. Mayor Taylor opened the issue for public hearing. John McGovern, 2620 Spiceberry Lane, inquired if a twelve foot hedge would be allowed across from Fire Station #3 on Woolbright Road. He also requested clarification on the changes relating to generators. Mr. Johnson responded the proposed regulation on generators related to permanently installed generators only. Mike Rumpf, Planning and Zoning Director, added the proposed changes were a conceptual review by staff and any feedback received would be reviewed for inclusion. A draft form would be submitted for Commission's approval. Mr. Johnson requested the proposed changes be approved in their conceptual form. Motion Vice Mayor Rodriguez moved to approve Item VIII.D. Commissioner Hay seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Direct staff to continue research for an IT solution for electronic agenda software and future audio/visual and data storage components that integrate with the City's existing Laserfiche repository and bring back to Commission a preferred vendor selection based on future needs and preferences of the City Commission 12 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Carisse LeJeune, Assistant to the City Manager, gave an overview of the criteria for an electronic agenda and the process utilized to investigate proposed vendors and their software packages. The estimated cost for an electronic agenda system would range from $30,000 to $60,000 for the software solutions and hardware add-ons. Ms. LeJeune advised there was another area of multi media and audio uses and applications that could also be developed. Commissioner Hay inquired if maintenance costs were included in the estimates. Ms. LeJeune responded the package estimates were for basic proposals. Vice Mayor Rodriguez felt a cost analysis should be conducted of the current method to determine if there would be any cost savings. Mayor Taylor felt an electronic agenda was conceivable in the future, but expressed concern with the budget crunch and finding sufficient funding. Mr. Bressner advised the City Clerk's office had budgeted $55,000 in the current budget year for an electronic agenda program. Based on his experience with the school district, Commissioner Hay recommended moving forward with the purchase of an electronic agenda software package. Vice Mayor Rodriguez suggested there might be a possibility of cost sharing with the CRA for their agenda process. Commissioner Ross concurred it was an exciting prospect and the project should go forward. Mayor Taylor inquired about the timeframe anticipated for a system to be operational. Alan Karjalainen, ITS-Webmaster, pointed out it would require four to eight months for the transition and training of personnel before the system would be fully operational. Mayor Taylor expressed concern with changes being made to the existing building if a new City Hall was anticipated in the near future. Mr. Bressner anticipated a conservative approach to automating the agenda process. He suggested a cost analysis be done and the matter returned to the Commission with further data in August, 2008. B. Follow-up on Capital Improvement Program Budget - June 17, 2008 Jeff Livergood, Director of Public Works and Engineering, noted the follow-up was actually a preview of the Capital Improvement Program budget to be presented at the July budget workshops. The Utility Improvement Program was part of the 10-year water supply plan and budget. Mr. Livergood addressed the general government portion of the budget. Favorable bids on Fire Station No.5 resulted in a $3.8M savings that is now available for other projects. Another item was $25M for a new police facility. Funding has not been authorized for the design of a new police facility. It would be necessary, after adoption of the budget, to request the sale of bonds to continue with the work. Payment on the bonds would come from Public Service Tax revenues. At the present time, both the construction and bond markets are favorable for governments to invest in new facilities. 13 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Mr. Livergood further noted the relocation of the Public Works facility had been completely removed from the budget. He also indicated the Children's Schoolhouse Museum need for more appropriate hurricane shutters was a budget item that needed to be addressed also. The current shutter protection consisted of the panels that created a safety issue for staff during installation and expense for installation as a crane had to be rented for several days to complete the installation. The impact glass option was expensive and the permanently installed screens are perhaps not aesthetically pleasing for the museum. Mr. Bressner pointed out replacing windows in older buildings usually created leaks in the original structure. Other options were discussed as well as the priority that should be assigned to the task. Commissioner Ross suggested pictures and more definitive data be submitted. The Congress Avenue Boundless Park had been budgeted for $2.9M to be spent in the fall of 2008 and $5.7M in future years for development. The project is currently not funded and not allowed by the State to be reflected in the budget. The MeadowsjNautica Sound Park has been in the budget for several years for development; however, the dollars are not available to maintain another park. The Winchester Park had also been budgeted. Again, the maintenance costs had not been budgeted. Mr. Livergood cautioned the revenues from park impact fees would need to be spent soon for park improvements. Wally Majors, Director of Recreation and Parks Department, advised a $3M fund balance existed. Mr. Livergood continued that the microresurfacing had been successful and would be continued along with the way-finding signage program. There was also an unfunded State mandate to address the traffic signal on Gateway Boulevard and Quantum Park. There are ongoing negotiations with the developer for the installation of the signal. Mr. Bressner noted the Oceanfront beach project was moving forward and Mr. Livergood verified the project was ready to go out for bids. Mr. Bressner noted the construction of public facilities was in the final stages. He advised substantial dollars for the Town Square area had not been allocated in the budget until the downtown master plan was finalized. It was pointed out that the location and plans for a new police facility were included in the initial drawings for Fire Station #5 to assure there would be ample space at the site, if a new police facility were to be approved. A preliminary space program and site plan for the police station on the Fire Station #5 site have been received to allow for an entire public safety complex. Mr. Bressner reviewed the status of the Boundless Park and reiterated that $2.9M for phase one could be budgeted; however, phase two should be moved to the future until monies are obtained from grants, donations or other sources. Each phase of the project could be added into the budget when the funding was available with the Commission's approval. Vice Mayor Rodriguez requested an update on the status of the non-profit organization. 14 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 Lori LaVerriere, Assistant City Manager, advised a feasibility study had been done to identify potential board members and other parameters to get a foundation organized. The Chamber of Commerce and the United Way have written letters opposing the creation of a foundation. The actual 501(c)(3) has not been formed at this time. The status of the economy is a major concern for seeking donations. It had been suggested that partnerships would be more beneficial than competing with other non-profit organizations for funding. Commissioner Ross wanted to know the concerns of the Chamber of Commerce and the United Way. Vice Mayor Rodriguez expressed concern that the Commission had approved the creation of the 501(c)(3) last year and very little, if anything has been done. Mr. Bressner advised the Articles of Incorporation were done and the shell board could move forward to add members. Ms. LaVerriere stressed the loss of Wilfred Hawkins, Assistant City Manager, and his connections, has hindered the progress. Jody Rivers, Parks Superintendent, added the feasibility study revealed it was not favorable for a fund-raising campaign at this time. A copy of the consultant's findings would be provided to the Commission for further consideration. Ms. LaVerriere suggested the history of the organization should be reviewed and a recommendation for a new focus should be presented with the feasibility study. Vice Mayor Rodriguez contended the primary role of the 501(c)(3) was to apply for grants from organizations other than those presently available to the City, rather than the composition of a board. Ms. Rivers indicated a board would be needed to apply for these types of grants. A gift catalog was being considered to give opportunities for people to donate funds. Mr. Bressner suggested the matter be brought back before the Commission at the second meeting in July. There are two purposes for the non-profit organization; the fund-raising plan for private donations using the board members and then the foundation or other grants. A cohesive outline needs to be presented. An interim board may be necessary to apply for any grants through foundations or other organizations. At a later time another board could be assembled for any private donations when the fund raising climate improves. x. FUTURE AGENDA ITEMS: A. Review new resolution for enclave annexation (Tabled on February 19, 2008) -July 1, 2008 B. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 C. Consideration/Adoption of Tentative Millage Rate - July 15, 2008 D. Budget Workshops - July 28-29, 2008 - location TBD 15 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-017 RE: Approving the establishment of a non-ad valorem assessment to fund fire services. Attorney Cherof read Proposed Ordinance No. 08-017 by title only, on first reading. He advised there would be a second reading and public hearing on the Proposed Ordinance. Attorney Cherof reminded the Commission the adoption of this Proposed Ordinance would not create a fire assessment. It is simply the framework enacting the procedure for a fire assessment. The final decision for the Commission would be made in September. Motion Commissioner Hay moved to approve Item XII.C.1. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1. (Vice Mayor Rodriguez dissenting) D. Resolutions: None E. Other: 1. RECESS FOR CLOSED DOOR SESSION: BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR 16 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN. In attendance is the City Manager, City Commission, City Attorney James Cherof, Assistant City Attorney Michael Circullo. Length of time approximately 1 hour. This closed door session was requested by the City Attorney at the City Commission meeting held on May 6, 2008. Commissioner Weiland requested the closed door session be continued to another date. Attorney Cherof advised there was no urgency to address the issue at this time. Mayor Taylor declared there was consensus to delay the closed door session to the next meeting. Motion Vice Mayor Rodriguez moved to postpone Item XII. E and Item XIII.A to the next Commission meeting. Commissioner Ross seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: A. Disposition of BOYNTON BEACH ALLIANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 8:59 p.m. 17 Meeting Minutes Regular City Commission Boynton Beach, FL. June 17, 2008 ATTEST: J et M. Prainito, CMC Ity Clerk ~ ith A. Pyle eputy City Clerk CITY OF BOYNTON BEACH ~ .~ ~. '~I~ ft~ ,~rry ~ Mar ~ :;>/L/L Marlene Ross, Commissioner 18