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Minutes 10-21-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 21,2008 Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Jose Rodriguez, Vice Mayor James Cherof, City Attorney Ron Weiland, Commissioner Janet Prainito, City Clerk Woodrow L. Hay, Commissioner Marlene Ross, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Mayor Taylor called the meeting to order at 6:31 p.m. followed by Commissioner Hay offering the invocation and leading the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted County Commissioner Bob Kanjian was present and there was consensus to move Item III.C.2. forward on the agenda to accommodate his schedule. No other changes were requested. 2. Adoption Motion Commissioner Ross moved to accept the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. III.2.a. Presentation by Palm Beach County Commissioner Bob Kanjian regarding the contribution of $150,000 towards the development of Congress Avenue Community Park and Barrier Free Playground. County Commissioner Bob Kanjian expressed his appreciation for accommodating his schedule and allowing him to make the presentation to the City of Boynton Beach. He noted he had served the area since August, 2007. There were funds left over from a 2002 bond referendum and he obtained $150,000 for the Congress Avenue Boundless Playground, splash park portion. Commissioner Kanjian related he was impressed that Boynton Beach had the vision to help all 1 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 children even those with special needs. He thanked the Commission and City staff for their cooperation in working with him on the County level. Wally Majors, Director of Recreation and Parks, accepted the check from Commissioner Kanjian. Mayor Taylor thanked Commissioner Kanjian for thinking of Boynton Beach and appreciated his generosity. Vice Mayor Rodriguez commented Commissioner Kanjian has been a good friend of Boynton Beach and the Commission was supportive of his efforts and wished him continued success. 11. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross announced Boynton Beach's Green Market would be opening at 8 a.m. on Saturday, November 1st on Ocean Avenue including the Wise On Water (WOW) workshop presented by the City's Green Task Force. She thanked the Sand Sifters and Gary Solomon, Vicki Robertson and Ginny Shea who had worked to turn the Art Center into a wildlife friendly area based on criteria that the National Wildlife Federation required for a certified wildlife habitat. There were several articles regarding bird houses, bat houses, bird baths, squirrel eating centers and the placement of endangered plant life that are important for maintaining and sustaining plant life that may one day be lost. Commissioner Ross mentioned she had attended the Boynton Beach High School football home game against Royal Palm Beach, one of the top teams. The Boynton Beach Tigers lost by a score of 19 to 12 and she was very proud of their efforts. She thanked Brian Miller, Community Relations Board Chair and Mark Karageorge for their attendance at all the games and support of the team. Commissioner Ross thanked Mayor Taylor for the Literacy Initiative and efforts throughout the City of Boynton Beach that contributed to the City being selected by the Palm Beach County Literacy Coalition as the winner among several other cities. The Children's Schoolhouse Museum and Library were involved too and she thanked Craig Clark, Library Director, and his staff for their achievements. An award would be given to Mayor Taylor at the League of Cities luncheon. Mayor Taylor explained the award is the donation of 100 books to the Library. Commissioner Weiland announced as of 5 p.m. on October 18, 2008, he became the proud grandfather of Lucas James, his first grandson. Commissioner Hay commented, due to Brian Miller's efforts, he was again asked to be the Chaplain for the Boynton Beach Tigers football team at their Friday night game. He was honored to participate. Mayor Taylor announced the Boynton Beach Chamber of Commerce invited everyone to the Indian Springs Country Club on Wednesday, October 29th at 11:30 a.m., for the Education Foundation luncheon focusing on education. The guest speaker would be Dr. Art Johnson, Superintendent of Palm Beach School District. The admission would be $40 with $20 being tax deductible. All monies raised would go to the scholarship fund of the Greater Boynton Beach Chamber of Commerce. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Mayor Taylor noted there is currently a very strong political environment and the City Chambers is a non-political environment to conduct City business in a non-partisan manner. Political clothing, badges or speeches were not permitted and he asked that everyone adhere to the criteria. 111. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentations: a. Presentation by Palm Beach County Commissioner Bob Kanjian regarding the contribution of $150,000 towards the development of Congress Avenue Community Park and Barrier Free Playground. (Addressed earlier in the meeting) b. Presentation of certificates to members of East Boynton Beach Senior Little League team. Dave Barie, Director of the East Boynton Beach Little League, representing Jack McVey, League President, who was hospitalized and unable to attend, introduced the Senior Little League team. It is Boynton Beach's third World Series team. The team finished third in the world representing the City of Boynton Beach and the League. The League remains strong based on the partnership with the City, Commission and especially the Recreation and Parks Department. The support helps the team become the champions that they are. Mayor Taylor commended the team and each of the players on their accomplishments and presented each player and the coaches with a commemorative certificate and City pin. Mr. Barie advised a few of the players had also participated in the 2003 Little League World Series team and were World Champions. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 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) Lawrence Gottfried, 1102 Renaissance Way, advised he had spoken with Commissioner Ross and was coming to the Commission to voice his fears regarding the Boynton Beach Police Department. His contention was that the Police Department had "down played" the seriousness of an assault on his mother. Mr. Gottfried had spoken to Chief Immler regarding the circumstances and his concerns regarding Sgt. Sheridan who is also the President of the Homeowner's Association where Mr. Gottfried resides. He had met with the City Manager and Mayor to have his allegations regarding the Police Department taken to the State Attorney's office. Mr. Gottfried indicated he had gotten a reply from the State Attorney's office denying his claims. He indicated Sgt. Sheridan and the Homeowner's Association Board had attempted to have him charged with grand larceny, being the second time the Police Department was used for inappropriate purposes. A copy of a letter previously distributed to the Commission was submitted. He also contended Sgt. Sheridan uses his police email for condo business and suggested threats and extortion, publications exposing persons to hatred, contempt or ridicule were only part of the crimes committed as well as ongoing harassment. It all stemmed from a police officer abusing his authority. Mr. Gottfried requested the Commission ask the United States Attorney's office or the Department of Justice to do an investigation for a fair review. Mayor Taylor acknowledged he had met with Mr. Gottfried and the State Attorney had rendered a decision. It now was a legal issue. Victor Norfus, 261 N. Palm Drive, thanked the Commission for coordinating the early voting in the Library. He also noted the appointment of a citizen Community Redevelopment Agency Board again did not appear on the agenda. The need for the citizen Board was that the input of the citizens had not been considered in recent decisions and the use of funds were being politicized to advance the City and not the citizens. Mr. Norfus suggested there was a conflict of interest when the Board was not comprised of members dedicated to the community rather than the entire City. He did not believe there should be a combined City Commission and Community Redevelopment Agency Board meeting on one night. Mayor Taylor explained when an issue arose with time constraints, a special meeting has to be held. The practice has been followed by the City Commission and the Community Redevelopment Agency Board. Mr. Norfus continued that a report on the Board's trip to Canada had not been presented. Mayor Taylor advised a report was given at the Community Redevelopment Agency Board meeting. Mr. Norfus contended a verbal report was not proper. Erica Craddock, Skipper of Sea Scout Ship 247, introduced her organization that was sponsored by American Legion Post 164. She reviewed the mission statement of the organization, a program of the Boy Scouts of America. The program lacked youth participation 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 and she requested the assistance of the City and staff to promote the endeavor. Mayor Taylor suggested she discuss the organization and program with the Youth Violence Prevention Program. She had spoken with Stacey Robinson of the Police Department. Her 25 foot sailboat was docked in Rivieria Beach, although she would like to find an adequate dock in Boynton Beach. Several members of her troop were present. Vice Mayor Rodriguez indicated he would also follow up with Ms. Robinson. Mark Karageorge, 240A Main Boulevard, commended the Commission and Community Redevelopment Agency Board for the exemplary job they had done in tough economic times. He contended it was now time to enhance the Board with more citizen participation. He suggested an appointment of qualified board members from District 1 and District 2 should be added. Mr. Karageorge did note that replacing the Board with an all citizen Board would be counterproductive at this time. A period of 30 days to accept applications for appointment would be sufficient. He restated his request that two people be added to the Community Redevelopment Agency Board, one from District 2 and one from District 3. Brian Edwards, 629 NE 9th Avenue, congratulated the City of Boynton Beach on the Children's Museum Carnival held the past weekend. Approximately 3,500 visitors had attended the event. The Museum was an asset to the City and the staff was outstanding. Mr. Edwards did not agree that two additional appointments to the Community Redevelopment Agency Board would make a difference. He did agree that the issue should be addressed. Brian Miller, Chair of the Community Relations Board, thanked Commissioner Hay for serving as the official Pastor of the Boynton Beach High School football team. He also thanked all those who supported the team by buying season tickets. The last home football game would be played on Friday, October 24, 2008 against Dwyer. Mr. Miller also thanked the Community Redevelopment Agency, Commission and the Department of Public Works for distributing the trash receptacles in the Heart of Boynton and the Federal Highway Corridor. A beautification program would be scheduled for the same area. He commented the County housing project was gone and it would greatly improve the Heart of Boynton, as did the additional new single family homes being built. Herb Suss, 1711 Woodfern Drive, reported on his experience volunteering at Galaxy Elementary School and indicated more volunteers were needed. Mr. Suss also felt the pledges made by candidates for an independent Community Redevelopment Agency Board should be upheld and a full citizen board of qualified members should be established. He alleged there remains an appearance of a conflict of interest and the matter should be resolved. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date II Hay Bldg. Bd. Of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (3) 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Motion Commissioner Hay moved to appoint Dave Buist as a regular member of the Building Board of Adjustment and Appeals. Commissioner Ross seconded the motion. The motion passed unanimously. I Weiland Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) IV Ross Cemetery Board Alt 1 yr term to 12/08 Tabled (2) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) Mayor , Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Library Board Alt 1 yr term to 12/08 II Hay Library Board Reg 3 yr term to 12/09 II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (2) III Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 Motion Commissioner Ross 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 - October 7, 2008 Commissioner Ross pulled Item VLA.1 for discussion. B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Rescind the contract for the RFQ: "RE-BID FOR QUALIFICATIONS FROM AN OP,ERATOR TO ASSEMBLE, CONSTRUCT (INTERIOR) AND OPERATE A CAFE FOR A FIVE (5) YEAR LEASE INSIDE THE NEW BOYNTON BEACH 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 LIBRARY", RFQ#061-2710-07jJA that was approved by Commission on August 7, 2007 to Big Brothers, dba P. Logans Coffee of Wellington, Florida. 2. Approve the expenditure of $489,216 against the City's existing Bid #027-2821-07 jJA with Line Tec, Inc., for the supply and installation of water service connections in the district of Golfview Harbour. This expenditure is in addition to the previously Commission-authorized expenditu re. 3. Approve a "piggy-back" contract RFP 2008-23 of the Town of Palm Beach for cleaning and evaluating storm and sanitary lines and structures that was awarded to AUI, LLC of Jacksonville, Florida. The Town of Palm Beach complied with Public Contract Bid requirements equal to or which exceed Boynton Beach's requirements in the amount of $566,164.88 plus a 10% contingency of $56,616.49 for a total of $622,781.37. C. Resolutions 1. Proposed Resolution No. R08-1l7 RE: Amending the City of Boynton Beach, FL Deferred Compensation Plans administered by Nationwide Retirement Solutions (NRS) and ICMA Retirement Corporation (ICMAjRC) to allow eligible plan participants the ability to borrow funds from their plan account balance. 2. Proposed Resolution No. R08-l18 RE: Approving and authorizing execution of Task Order #08-05-1 for $697,092 to CH2M Hill to provide professional engineering and construction management services for the Central Sea crest Corridor Stormwater Improvements and Water Main Replacement Project plus an owner's contingency of 10% in the amount of $69,710 for a total budget appropriation of $766,802. 3. Proposed Resolution No. R08-119 RE: Approving and authorizing the City of Boynton Beach to officially adopt Palm Beach County's Local Mitigation Strategy (LMSA) for reducing the City's vulnerability to identified natural, technological and societal hazards. 4. Proposed Resolution No. R08-l20 RE: Approving the granting of a utility easement to Bellsouth Telecommunications, Inc., dba AT&T Florida, on the property known as "Police Station #2", whose address is 2210 South Congress Avenue, Boynton Beach, FL. 5. Proposed Resolution No. R08-l21 RE: Approve and authorize the City Manager to execute an agreement between the City of Boynton Beach and D. R. Horton, Inc., wherein Horton agrees to not seek refund of $136,300 of impact fees for Knollwood PUD Park site and 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 instead these funds will serve as surety for the construction of a traffic actuated signal at the intersection of Gateway Boulevard and Quantum Drive. Commissioner Ross pulled Item VLC.5 for discussion. 6. Proposed Resolution No. R08-122 RE: Approving and authorizing execution of Task Order No. U08-03-07 in the amount of $31,775 to Brown and Caldwell to provide professional engineering services for Section C of the Raw Water Main Interconnect project and approve an owner's contingency of 10% in the amount of $3,178 for a total budget appropriation of $34,953. 7. Proposed Resolution No. R08-123 RE: Approving and authorizing the City Manager to sign Task Order No. U07-15-04 to Metcalf and Eddy in the amount of $515,406 for route evaluation of Section A of the Wellfield Interconnection line and preliminary design of the Ion Exchange System with transfer pumping station at the West Water Treatment Plant and approve an owner's contingency of 10% in the amount of $51,541 for a total budget appropriation of $566,947. 8. Proposed Resolution No. R08-124 RE: Approving and authorizing the City Manager to apply for State permits for temporary closing of Federal Highway from Boynton Beach Boulevard south to Woolbright Road for the annual Holiday Parade. D. Approve the reduction of a performance bond for Boynton Town Center and Boynton Village from $4,400,000 to $3,465,665.63. E. Approve the Arts Commission recommendation to purchase the sea turtle sculpture, Opus 14, which has been on loan to the City since 1995, for permanent placement at Oceanfront Park as part of Recreation and Parks commitment to publiC art in the project. F. Approve the reduction of a cash bond for the Monterey Bay project from $32,670 to $9,801. G. Approve the renewal of insurance policies for Automobile Liability & Physical Damage with Preferred Governmental Insurance Trust (PGIT), Equipment Breakdown Insurance with Hartford Steam Boiler Inspection & Insurance Company, and Inland Marine Insurance for marine vessels with Continental Insurance Company (CNA). H. Appoint two (2) members of the City Commission to hold voting rights at the National League of Cities (NLC) Annual Business Meeting, November 15, 2008. 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Commissioner Ross pulled Item VLH for discussion. 1. Appoint representative(s) from the City Commission for the City's membership to the Business Development Board. Commissioner Ross pulled Item VLI for discussion. J. Report on possible annexation of property at Hypoluxo and Sea crest, authorize staff to negotiate utility extension agreement with Palm Beach Memorial Park and authorize staff to review pOSSible modification to 2001 billboard lawsuit consent decree to relocate one billboard location. K. Authorize the use of $300 to Boynton Beach High School Girls Basketball program from Commissioner Ross's Community Investment Funds. Commissioner Ross pulled Item VLK for discussion. L. Authorize the use of $1,200 to Boynton Beach High School Aerospace Science program from Commissioner Ross's Community Investment Funds. M. Authorize the use of $500 of Commissioner Hay's Community Investment Funds to Boynton Beach High School to assist in sending 31 students on a three-day trip on October 23, 24 and 25, 2008 to various aerospace locations in Florida. N. Authorize the use of $1,000 of Commissioner Hay's Community Investment Funds to Boynton Beach High School to assist with funding of athletic insurance and necessary equipment purchases. Commissioner Hay pulled Item VLN for discussion. Motion Commissioner Hay moved to approve the Consent Agenda with the exception of those items pulled. Commissioner Ross seconded the motion. The motion passed unanimously. VLA.1. Regular City Commission - October 7, 2008 Commissioner Ross noted Larry Siegal's name had been misspelled and should be S-i-e-g-e-1. She requested the minutes include that the initiative was through the South County Mental Health Alliance. Also, in the remarks of Brian Edwards, the references should all reflect the Cultural Centre and not the Cultural Council. Motion Commissioner Ross moved to approve the minutes with the changes. Commissioner Hay seconded the motion. The motion passed unanimously. 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 VI. C. 5 Proposed Resolution No. R08-121 RE: Approve and authorize the City Manager to execute an agreement between the City of Boynton Beach and D. R. Horton, Inc., wherein Horton agrees to not seek refund of $136,300 of impact fees for Knollwood PUD Park site and instead these funds will serve as surety for the construction of a traffic actuated signal at the intersection of Gateway Boulevard and Quantum Drive. Commissioner Ross advised Charles Canter was present representing the Parkside Homeowner's Association, who were concerned about the traffic signal. Charles Canter, advised the Parkside community had 251 units along Quantum Boulevard. It was very difficult to make a left turn onto Gateway Boulevard and he hoped the request could go forward quickly. He stressed the children going to school were also at risk. Mr. Canter indicated he loved the community and would assist in any way he could to get the light installed. Mayor Taylor advised as soon as the design was complete the construction would begin within six months. Jeff Livergood, Director of Public Works and Engineering, noted he had coordinated the review of the agreement with D. R. Horton who recognized they have a responsibility for the traffic signal. Mr. Bressner added the City would need to appropriate the remaining funds necessary from the Capital Improvement budget to accommodate the new standards for hurricane protection. The surety was based on previous standards. It did meet warrants for the traffic signals. Mayor Taylor advised there would be approximately $120,000 difference for the City to fund. Motion Commissioner Ross moved to approve Item VI.C.5. Commissioner Hay seconded the motion. The motion passed unanimously. VI. H Appoint two (2) members of the City Commission to hold voting rights at the National League of Cities (NLC) Annual Business Meeting, November 15, 2008. Commissioner Ross indicated she preferred to represent the City on the Business Development Board. Mayor Taylor advised he would be leaving the National League of Cities meeting on November 14, 2008. Vice Mayor Rodriguez volunteered to have the primary voting rights and Commissioner Ross agreed to be the alternate. . Motion Vice Mayor Rodriguez moved to appoint himself as the primary voting member and Commissioner Ross as the alternate for the business meeting on November 15, 2008. Commissioner Ross seconded the motion. The motion passed unanimously. VI. I Appoint representative(s) from the City Commission for the City's membership to the Business Development Board. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Commissioner Ross suggested the City Manager be a part of the membership. Vice Chair Rodriguez questioned the source of the membership. Mr. Bressner responded the City and Community Redevelopment Agency split the membership and three representatives from each agency would be needed. The Community Redevelopment Agency had a membership last year and the City of Boynton Beach had withdrawn their membership. Lisa Bright, Community Redevelopment Agency Director, replied they held a smaller membership and the Mayor, as Chair, and Ms. Bright attended the meetings. The upgrade with the City this year made more seats available. The previous membership cost was $1,000 for two seats and the upgrade was to $5,000 for six seats. Ms. Bright explained it was based on the number of employees and revenue. Commissioner Ross confirmed the monies had been budgeted. Mr. Bressner clarified he had not unilaterally withdrawn the City from the organization the previous year. It was part of the budgeting process. Vice Mayor Rodriguez and Commissioner Ross were interested in serving together with the City Manager. Mr. Bressner pointed out Mr. Himes of the Business Development Board did suggest a staff member be included as was Ms. Bright from the Community Redevelopment Agency. Motion Commissioner Hay moved to approve Vice Mayor Rodriguez, Commissioner Ross and Mr. Bressner, City Manager, as representatives. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. Vice Mayor Rodriguez inquired if there was a vacant seat for the Community Redevelopment Agency. Ms. Bright responded Ms. Brooks was also a representative, along with herself and Chair Taylor:. VI. K. Authorize the use of $300 to Boynton Beach High School Girls Basketball program from Commissioner Ross's Community Investment Funds. VI. L. Authorize the use of $1,200 to Boynton Beach High School Aerospace Science program from Commissioner Ross's Community Investment Funds. Commissioner Ross highlighted she was donating to the Boynton Beach High School through her community investment funds and wanted to draw it to the attention of the other members of the Commission for their consideration. Motion Commissioner Ross moved to approve Item VLK. Commissioner Weiland seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to approve Item VLL. Commissioner Weiland seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 VI. N. Authorize the use of $1,000 of Commissioner Hay's Community Investment Funds to Boynton Beach High School to assist with funding of athletic insurance and necessary equipment purchases. Commissioner Hay indicated the request was for $1,200 and Commissioner Ross had donated $300. Therefore, he asked to change his request to $900. Motion Commissioner Hay moved to approve Item VLN. for $900. Commissioner Ross seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Land Development Regulation (LDR) Rewrite Deliverable and Project Update A portion of Group 6 - Property Maintenance Requirements Agent: City-initiated Description: A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article IV, newly drafted Property Maintenance Requirements, to be codified within existing Part II of the City's Code of Ordinances. This proposed section will replace a portion of Chapter 20 (Building, Housing and Construction General) of the LDR, and relocate it to Chapter 10 of Part II. This valuable Code section establishes new property maintenance requirements that would prOVide minimum standards for the upkeep of all vacant and developed property in the City. Unlike most portions of the LDR, which are interrelated and associated with new construction or redevelopment, this section is independent from the LDR, targets existing vacant and built properties, and would have immediate affect upon adoption. (1st Reading of Proposed Ordinance No. 08-031) NOTE: The City Manager recommends that the City Commission not adopt the first reading of the ordinance at this time to aI/ow time for a follow-up staff report on cost ramifications to private property owners under the proposed new regulations. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Attorney Cherof explained the hearing was legislative and not quasi judicial. Mayor Taylor pointed out the City Manager had recommended the 1st reading not be adopted to allow staff to calculate the cost ramifications to private property owners. Mr. Bressner noted the public hearing aspect could go forward. Attorney Cherof advised there was no requirement for a public hearing on first reading. The presentation could be heard. Eric Johnson, Planner II, offered that the request was part of the Group 6 deliverable of the Land Development Code Rewrite. The portion to be changed related to the Property Maintenance Requirements to place greater emphasis on non-residential and vacant properties and increase the acceptable quality standards of all existing lighting, ventilation, plumbing, mechanical and electrical improvements. The draft proposal was brought before the Planning and Development Board in October. Staff felt the changes needed to be approved in ordinance form prior to the end of the year. Chapter 20 includes the Building Security Code, Electrical Code, Energy Efficiency Code, Flood Prevention, Housing, Swimming Pools and Spas, Workforce Housing Program and Historic Preservation. Many changes were updates that had been made to the Florida Building Code. Staff also determined it would be best to take the Property Maintenance Requirements out of the Land Development Regulations and place them in the City Code of Ordinances. Mr. Bressner added the Property Maintenance Requirements were scattered all over the Code and the proposed ordinance would consolidate the regulations. He noted there were two options. One, adopt the national model code into the City's Code or two, adopt the model code by reference. The model code is a national code that has standards and requirements that may be applicable in other parts of the country. While there are no major issues, some may not be appropriate for Boynton Beach. Mr. Bressner suggested the material be circulated to the Chamber of Commerce, as the Code does apply to current property owners. His suggestion was to allow more time for any interested parties to review the document. Mayor Taylor was concerned that the new standards may involve costs to existing property owners to come into compliance. Mr. Bressner proposed a full comparison be made before a final decision is made. Motion Vice Mayor Rodriguez moved to table Item VIlLA. Commissioner Hay seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Discuss status of Old High School Mr. Bressner reviewed the history of the property and current status of the Old High School. The alternatives range from demolition of the building, maintaining the building in its current status until the economy improves or making the building available to an organization. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Vice Mayor Rodriguez thanked the City Manager for bringing the matter before the Commission expeditiously. He was in favor of assigning the building to a non-profit organization to potentially restore the building for future use. Ms. Bright recalled the short fall in the budget was so great no monies were allocated. Vice Mayor Rodriguez felt if the monies were allocated, the funds should follow the building. There was money budgeted for critter control. Commissioner Hay opined that $42,000 was expended to keep the building. A non-profit organization to take over the building had been sought for some time, but no one had come forward with any monies. Commissioner Hay had previously indicated he would wait until October for an organization to come forward. He was willing to allocate the funds had set aside as a springboard to save the building. Unfortunately no organization came forward. Therefore, he was unwilling to spend further monies to keep the building. Vice Mayor Rodriguez stressed there was never a Request for Proposal sent out and there was no inquiry for a feasibility study to address the building. The Community Redevelopment Agency Board has not given the Agency any real direction on the building. Commissioner Hay recalled there was a discussion before the Commission with at least one developer that never materialized. Ms. Bright reviewed the events in 2005 when the Community Redevelopment Agency took control of the building. In 2006 a Request for Proposal (RFP) was issued that resulted in the Boynton Charter School as an option, as well as Five Towns College. Five Towns College was selected and five months was spent negotiating an agreement. In early 2007 Five Towns College backed out of the project. May 2007 the Commission indicated their dissatisfaction with the ongoing process and the suggestion of the then civilian Board was to make the Old High School part of the downtown master plan. Last August the Board issued letters of intent and counsel advised in order to dispose of public property, a request for proposal had to be issued and the Board overrode that decision. The letters of intent could only be reviewed by the Board and that is when the Board made the decision to wait for the downtown master plan. The problem has been that a non-profit and government entity would not have the ability to draw down the no market tax credits or the historic preservation tax credit. Only a private developer could draw that down. The annual allowances of the Florida Historic Trust are only $300,000. A request for proposal had to be issued for a non-profit to get the source of funds and use of funds. The minimum cost of the project is $8 million. Mayor Taylor suggested the public be permitted to address the issue first. Sharon Koskoff, President of the Art Deco Society of the Palm Beaches, wondered why a special committee or task force could not work together and brainstorm how the project could be moved forward. The City should work with the non profits, the community and the people to restore the building. Voncile Smith, President of the Boynton Beach Historical Society, alleged the Historical Society has wanted responsibility to restore the building for years. The money had to be raised first. Experience has proven that organizations and contributors want to know who is controlling the money and that the funds will meet a specific purpose. Ms. Smith proposed the City lease the 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 building to the Historical Society for a cultural center to serve the community. She was convinced, given the opportunity, sufficient monies could be raised, over time, to restore the building. Willie Aikens, 726 NE 1st Street, President of Martin Luther King Homeowners' Association, inquired what would be required for all interested parties to have a discussion on how to keep the tradition rather than destroy it. The building could be saved if the right people could come together to save the building. Jeff Morgan, 745 SW 1st Court, contended there was an opportunity to transform the building into a symbol of empathy and unity through diversity. There has been a suggestion to restore the building as a cultural hub and link the east and west end of Ocean Drive. Mr. Morgan felt the focus was on the pragmatic aspects of the project rather than the ideal. Those in a position to make policy must recognize the ideal while being blinded by the pragmatic. Mr. Morgan stressed there were benefits to historic preservation including long-term economic benefits. Vision is necessary to create a cultural hub for the City and to secure a legacy for the future. Steve Anton, 234 SW 2nd Avenue, read a letter from Harvey Oyer who was unable to attend. Mr. Oyer is Chairman of the Board of the Historical Society of Palm Beach County. Mr. Oyer's letter reviewed the previous actions of the Commission including the idea to incorporate any plans into a larger development scheme. The project was further delayed until the replacement of City Hall within the area was established. The Request for Proposal (RFP) was not released. He felt a decision was impossible until a Request for Proposal was issued for potential developers to propose adaptive reuses for the building within the larger scheme. Mr. Oyer concluded the fate of the Old High School should further be tabled until the future site of City Hall is determined, draft and release of an RFP and review of all the responses for the adaptive reuse of the building. Mr. Anton, speaking on his own behalf, pointed out the City of Delray Beach saved their old school and it has generated revenue for the City. Palm Beach County Courthouse also was renovated and generates funds. Reports have revealed the downtown area needs development and other cities have proven saving historic buildings works. Barbara Ready, 325 SW 13th Avenue, expressed her belief that the Old High school was an existing asset that has been described as a gem in the rough. Experts have determined the Old High School should be saved. While the City has advanced in many areas, the Old High School has not been developed. Vision is needed to make the choice to plan and save the Old High School. She encouraged the Commission to join a partnership with the interested citizen groups to work together. Victor Norfus, 261 N. Palm Drive, noted the school was also the Boynton Elementary School. In 1927 the City of Boynton Beach was racially divided and only whites could attend the school. After the Civil Rights movement it became Boynton Beach Elementary, the first truly integrated school in Boynton Beach. It could be a cultural and economic hub as done in other cities that are now economic and viable entities. The Children's Schoolhouse Museum is a gem in the City. Mr. Norfus contended there has been no follow through after the studies have been done and 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 the Commission has delayed seeking any private funding. A goal has not been established. The history cannot be replaced. Brian. Edwards, 629 NE 9th Avenue, was in favor of saving the Old High School, but pointed out that no one can raise the money, if they are not given the authority to raise the money. All the previous proposals have not developed for many reasons. Any restoration is difficult, but very worthwhile. The economy is very difficult to work through. Mr. Edwards recognized that sustainability could be an ongoing issue. Seed money is already available between the City and the Historical Society. He pointed out there were only a few old buildings left and he hoped the Commission would assist the Historical Society and save the Old High School. Herb Suss, 1711 Woodfern Drive, changed his opinion and now supported saving the Old High School. He recalled he was originally against saving the Children's Schoolhouse Museum, but now felt it was an extraordinary facility. The monies allocated for demolition of the Old High School would be a good start toward restoration. He complimented Vice Mayor Rodriguez and Commissioner Ross for supporting restoration efforts. Mr. Bressner emphasized it would not be that easy. Legally, the City would have to convey out the use of the building, and a deed or lease has to be done through a competitive process to be available for some public or private purpose. A development group's plan may require a decision by the City on other properties within the downtown campus including the current City Hall or Civic Center. Both the Commission and Community Redevelopment Agency have made several attempts to create a campus for the area. Parking remains an issue for all facilities in the area, especially the Children's Schoolhouse Museum. An all-encompassing plan would have to include a parking facility and the proposed cost of an entire campus was $40 million to $50 million in 2005. Ms. Bright stressed the Community Redevelopment Agency had been aggressive in their plans to provide adequate parking and owns land just east of the City Hall parking deck as a commitment to make parking for a campus downtown. No developer was willing to come in without adequate parking. Mr. Edwards addressed the Request for Proposal issue and suggested there was one exception. A request for proposal would have to be fair, but a partnership with the City would be possible. Attorney Cherof advised the City Manager was correct on the process required to dispose of City property. There was also a process to enter into an agreement with third parties to develop property. Both have to be competitive to give public confidence that you pick the right partner to move forward or dispose of the property for fair value. Vice Mayor Rodriguez added the new public safety facility was being built and the parking now occupied by the Police Department would be available for public parking. Mr. Bressner agreed it would be an asset. Commissioner Ross inquired if the same type of competitive process had been utilized for the Children's Schoolhouse Museum. Attorney Cherof agreed to provide the information. He did 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 note a Request for Proposal is not required for a lease or straight sale of the property. The process does include searching for competitive bids for property to establish the proper value and h~ve the property appraised. No one else came forward with public comments. Mayor Taylor displayed a tall stack of papers representing 15 years of talking and meeting to restore the Old High School. A Request for Proposal was sent out in 2005 when the economy was vibrant. There were several interested parties who claimed to have the money, just no dollars were ever produced. He noted the economy is much different and finding funds for normal operating expenses is even difficult. Mayor Taylor was involved in the restoration of Old Schoolhouse Square in Delray and the most that can be received for historic preservation is $300,000 per year competing state wide for the funding. The City of Delray subsidizes the Old School Square for $500,000 and the Community Redevelopment Agency subsidizes the Old School Square for $500,000, totaling $1 million to keep the facility open. He reported the Children's Schoolhouse Museum is subsidized by the City for $220,000 a year for over six years, totaling approximately $1.3 million to keep the facility open. Mayor Taylor supported the museum completely, but available funds are short. The actual amount of pledges for restoration was only $26,000, a long way from $8 million. Currently $42,000 is being spent annually to maintain and insure the building. Mayor Taylor stressed there were no organizations or developers willing to take the building. Many cuts involving open positions, programs and services have had to be made and in January the water rates may have to be increased for every citizen. Mayor Taylor supported saving the Woman's Club, the most historic building in Boynton Beach, rather than the Old High School. He emphasized the monies were not available to save the building, especially in light of next year budget cuts and lost revenues. The emotional ties were acknowledged, but he could not support saving the building and was in favor of demolition. A new cultural center could be built for much less than $8 million. Commissioner Ross remained inspired by the citizens who supported restoration and rarely heard citizens who agreed with demolition. Based on her experience, she could not consider demolition in good conscience. She was astounded positive progress had not been made. Mayor Taylor interjected more time was always requested to raise funds and no monies were ever produced. Commissioner Ross contended it was the responsibility of the current Commission to make a positive decision for the Old High School. She suggested the County's lOath anniversary may be an opportunity for additional funding. The Florida Historic Trust would be visiting the area in May of 2009 for a State conference and could acknowledge saving the Old High School and bring attention to the City of Boynton Beach. She understood there were key leaders in the County and State willing to assist in saving the Old High School. Commissioner Ross was struggling with a manageable part that could be achieved immediately and believed in the long-term benefits of historic preservation. She supported the preservation of the Children's Schoolhouse Museum and the Women's Club and adding the Old High School. Commissioner Weiland concluded in building up Boynton Beach, tearing down its history was not appropriate. The building is part of the history. He also agreed a new cultural center could be built for much less money creating a conflict of interest. Commissioner Weiland mentioned the fact an excess amount of money had been spent to buy two adult entertainment properties 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 over the years to improve the City. He also noted $3 million had been raised for the Boundless Playground. Over the last eight years, Commissioner Weiland has still not seen any positive outcomes regarding the Old High School. He has always maintained it is a good idea to save the building; however, he also maintained it would not happen. The Commission is responsible to the taxpayers of Boynton Beach how their tax dollars are spent and he would make his decision based on that responsibility. Commissioner Hay felt it was a no win situation. Not one citizen had come forward to tear the building down. He understood $42,000 was being spent annually and $625,000 was set aside for the demolition. There was also the emotional side since his son had attended the school. Past efforts have failed, but success could be achieved. Commissioner Hay wanted to feel assured that all avenues have been exhausted before demolition. He did want to give the authority to move forward with restoration possibilities and going one step further. He admired the Historical Society for stepping forth with their efforts and hoped the Request for Proposal would provide a partner. He understood Mayor Taylor's concerns, but supported one more effort to save the Old High School. Motion Vice Mayor Rodriguez offered a motion to allow the City Manager to explore all possibilities as it pertained to saving the Old High School whether it be partnership or issuance of a Request for Proposal. He requested the City Manager come back with a proposal within a month or so. Mr. Bressner requested the first meeting in December timeline to accommodate his vacation in November. Commissioner Hay seconded the motion. Mr. Br_essner clarified he was to prepare strategies or options that could be utilized to make the building available for another use such as governmental use, non-profit use, development use or any options. Vice Mayor Rodriguez indicated he wanted the mechanism to do it. Mayor Taylor's final comment was that if the building were turned over to a third party entity that they be responsible for the insurance and maintenance during any fund raising efforts. The motion passed 3-2. (Mayor Taylor and Commissioner Weiland dissenting) B., Accept informational report on Palm Beach County's "Ten-Year Plan to End Homelessness in Palm Beach County, Florida". Carisse Lejeune, Assistant to the City Manager, reported based on the suggestion of Commissioner Weiland that a homeless transition center would be beneficial to the entire County based on the program in Calgary, Canada. He requested the possibilities of private and public funding be investigated. Boynton Beach Police Officer Robert Kellman was a member of the Palm Beach County Homeless Advisory Board since its inception in May, 2007. A ten year plan to end homelessness in Palm Beach County was adopted by the County Board of Commissioners. The plan included seven goals based on the "Housing First Methodology". Fourteen of the actions within the goals list municipalities as a partner. The County plan is currently being implemented without any partnership opportunities at this time. Progress is 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 being tracked so any opportunities can be brought to the Commission when they become available. Comm"issioner Weiland thanked the City Manager's office and Carisse for the information. He did not know the County had a ten-year plan. It would be a great deal of work with all the municipalities and County, but a worthwhile effort to support. Commissioner Hay concurred with Commissioner Weiland that it was an excellent program. He was optimistic about the program and appreciated the efforts. Commissioner Ross was impressed that Officer Kellman sits on the County advisory board for homelessness. Mayor Taylor pointed out that the report was given based on the report made regarding the trip to Calgary, Canada. Motion Commissioner Weiland moved to accept the report to adopt the informational report of Palm Beach County's plan to end homelessness. Commissioner Hay seconded the motion. The motion passed unanimously. C. Report on take-home vehicles (Tabled on October 7, 2008) Motion Commissioner Weiland moved to remove Item IX.C from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Mr. Bressner reported the information requested was as a result of the budget review and represented a synopsis of the take-home vehicles currently assigned, the number of vehicles per department and individuals receiving an auto allowance. The allowance varies depending on the responsibilities of the individual. Mr. Bressner also prOVided comparative information from other municipalities on cost sharing. Other jurisdictions do require police employees to pay a nominal fee for the use of the vehicles. The City of Boynton Beach has a three year eligibility criteria. IRS regulations dictate fire and police personnel are not required to pay income tax on the use of vehicles under a public safety exemption in the Tax Code. All others are required to record the cost of the commute and any non-City use of the vehicle is taxable as income. Fuel costs are paid by the municipalities. Vehicles assigned for a specific duration or project on a rotating basis were not included in the report. It would be the Utility Department workers who respond to emergencies with a truck. Many municipalities were reviewing the cost associated with the program. The Boca Raton model was favored by Vice Mayor Rodriguez. Those officers who lived within the City limits were given the cars for free. Only 20% or less of the police officers live within the Boynton Beach city limits. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Mr. Bressner noted the criteria for vehicles was different for Boynton Beach based on a three year waiting period, whereas Boca Raton immediately gave take-home vehicles to new officers. He also noted the vehicles and policies for all departments should be included in any cost sharing calculation. Commissioner Weiland questioned if any changes would need to await contract negotiations. Mr. Bressner replied the Union would be amenable to discuss the issue. All employees with take-home vehicles need to be addressed as well. Commissioner Weiland stressed the police union does not have to discuss the issue at this time. Mr. Bressner agreed the issue was not subject to a re-opener. Commissioner Weiland reiterated his view that detectives need to have take-home cars, while road patrol was a different situation. Also the vehicles utilized for pump station malfunctions are necessary and the criteria for all take-home vehicles needs to be addressed. Commissioner Hay favored a cost sharing across the board to some extent or methodology. The economy downfall dictates sharing some of the costs and the take-home cars are somewhat of a deterrent to crime. Commissioner Weiland and Vice Mayor Rodriguez noted the presence of police cars or substations are not deterrents to crime. Herb Suss, 1711 Woodfern Drive, agreed the Police Department needed take-home vehicles, but questioned the Fire Department's use of take-home vehicles. Mr. Bressner noted personnel on shifts cover fires, not volunteers. Mayor Taylor responded the Fire Department has 13 take- home vehicles and 2 allowances. It included command staff and immediate responders. Vice Mayor Rodriguez and Commissioner Hay agreed some type of cost sharing should be developed for all departments. Motion Vice Mayor Rodriguez moved to request the City Manager to provide some cost sharing options for take home vehicles across the board. Commissioner Hay seconded the motion. The motion passed 4-1. (Mayor Taylor dissenting) D. Presentation and discussion of CRA request for City Commission support of Comp Plan Amendment Application to Palm Beach County for Seacrest Blvd. Redesign Jeff Livergood, Director of Public Works and Engineering, explained discussions had been ongoing with the CRA to improve landscaping and streetscapes along Sea crest Boulevard north of Boynton Beach Boulevard to the C-16 canal. The plan was to enhance the area to increase property values of the area by improving the infrastructure. The roadway is currently five lanes and the suggestion was to minimize the pavement width along the corridor to reduce the number of travel lanes for landscape and streetscape elements. It also could reduce prevailing speeds throughout the corridor without affecting capacity. There was also discussion to include a roundabout at the intersection of Seacrest Boulevard and Martin Luther King Boulevard (MLK) for the purpose of pedestrian safety and traffic calming. The concept warrants further investigation, but a letter of support to the County is necessary so that they can incorporate 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 changes into their future long range plans. Design elements have not been incorporated nor have pedestrian safety or vehicular safety been fully evaluated. All access needs to be reviewed along with bus stops and children crossing the roadway. Presently concepts and theories are being reviewed in a proposal to the County. The goal is to create a more residential element that can be continued south to Woolbright and north to Gateway and Hypoluxo as the City grows. Ms. Bright agreed the goal was to get the letter to the County for consideration in the Comprehensive Plan. A complete design would be brought back to the Community Redevelopment Agency Board and the City Commission. Willie Aikens, 726 NE 1st Street, President of Martin Luther King Boulevard Neighborhood Associations, questioned why the lanes were being reduced when more people would be moving into the area after redevelopment. Mayor Taylor responded it would not make a difference. Mr. Aikens pointed out any overflow from 1-95 uses Sea crest Boulevard. Mayor Taylor. noted it would be a decision of the County based on traffic studies. Ms. Bright interjected a traffic study had been performed and was available to the public, which was the basis for the concept being taken to the County. Mr. Aikens contended one lane would be a safety hazard for any police or fire response. He disagreed that two lanes would not be sufficient. Mayor Taylor advised the residents of the area had complained about the speeding up and down the road. Complaints are numerous that children cannot cross the road. Mr. Aikens contended the residents wanted the speeding controlled and not the number of lanes reduced. Commissioner Ross added the issue is not the children. Other areas have done the same thing and it has been very successful. The concept was to improve the neighborhood. Mayor Taylor indicated he would not force the issue if the residents did not want the change. The Commission was attempting to beautify the community. Doris Jackson, 531 NW 10th Avenue, President of the Poinciana Heights Neighborhood Association, pointed out the citizens were not involved in the conceptual plan. The plan the citizens agreed with included four lanes and the median beautified along Sea crest Boulevard. She noted north of the C-16 canal children have been hit, but on the straight stretch the children cross safely with the crossing guard and signal light. Ms. Jackson questioned the timeframe used to establish the traffic count. During school hours the one lane is always backed up with parents picking up or dropping off their children. Two lanes would complicate the issue. She contended the residents wanted to keep the four lanes and the median could be beautified along with the sidewalks. The growth in the area warranted the increase to four lanes. Future traffic would also increase with the influx of new residents. Mayor Taylor contended the traffic flows off 1-95 to Seacrest because the four lanes offer a faster drive. Less lanes would discourage using Seacrest to bypass 1-95. If the residents did not want the beautification, the Commission would redirect the improvements to another area. Commissioner Ross suggested modification should be considered. Commissioner Hay understood the road was currently a County road and was supposed to be a residential road, rather than a commercial road, similar to South Seacrest below Woolbright 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 rather than commercial. He was concerned about emergency access if the lanes were reduced. He suggested keeping the four lanes with the beautification on the center lane and sides with streetscapes. Commissioner Hay desired more community input on the issue. Ms. Jackson added the residents of the area are getting older and emergency access could be critical. Commissioner Hay responded the traffic study indicated the roundabout would not be a hindrance to the emergency vehicles. Mr. Aikens continued to maintain the traffic studies were incorrect. Ms. Bright reiterated the study had to be done to even entertain having a discussion with the County to consider for the Comprehensive Plan. It has to be approved and then the design would be done as discussed in the original Heart of Boynton plan. Ms. Jackson contended the decision had already been made in the conceptual plan down to two lanes from four lanes. Commissioner Ross noted the recommendation indicated reducing the number of lanes on Seacrest from four lanes to two lanes. Ms. Bright emphasized the final drawings would come back to the Community Redevelopment Agency and the City Commission. It was only a conceptual guide. Mayor Taylor explained it would take a year to go through the Comprehensive Plan and during that time the City, consultants and Community Redevelopment Agency staff would continue to refine the design of the road. Ms. Jackson reiterated her contention that the request changed the plan from four lanes to two lanes. Ms. Bright stressed if there was no approval the year's cycle would be missed. Ms. Jackson indicated the City needed to stop pushing. Ms. Bright recommended with redevelopment coming to the area, it made good sense to have the plan in place. The plan has been in progress for three years in the discussion phase. Mr. Aikens contended completion of the redevelopment will require the road be opened to four lanes again and a total waste of the taxpayers' money to reduce it to two lanes at this time. Miscommunication is a constant problem with the City of Boynton Beach according to Mr. Aiken. Mayor Taylor suggested there was an option to do absolutely nothing. Commissioner Ross explained the request was to attempt to meet the County requirements rather than delay the design for an entire year. Commissioner Hay pointed out the City, consultants and Community Redevelopment Agency would: continue to meet during the intervening year, but the citizens and community are not included. Commissioner Ross contended the assumption would be the City and Community Redevelopment Agency would coordinate with the citizens. Mr. Livergood noted there would be meetings with the neighborhoods as there is with virtually all capital projects, as the designs are evolving. Commissioner Hay reiterated it would be easier to add than subtract lanes. Ms. Jackson again alerted the Commission two lanes were not acceptable in the area. 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Motion Vice Mayor Rodriguez moved to deny the request to move forward. Commissioner Weiland seconded the motion. Dr. Martha Meeks-Light, 225 NW 6th Avenue, a lifelong resident of Boynton, indicated there is a definite lack of communication. She contended the Community Redevelopment Agency was not communicating with anyone. The citizens in the area were not made aware of the proposed changes. Navigating on Seacrest with only two lanes and the two schools would be impossible if there was any type of medical emergency. The citizens want to be involved in any changes to the area. Dr. Meeks-Light opined the Community Redevelopment Agency Board was doing an okay job, but had too much to do. The residents do want beautification, but restricting the lanes would be a hazard to the elderly citizens in particular. Vice Mayor Rodriguez commented the Community Redevelopment Agency has been redeveloping the Heart of Boynton Beach since its creation. The neighborhood association presidents should be attending every meeting since the main topic at every meeting is the Heart of Boynton Beach. No one came forward at the last Community Redevelopment Agency Board meeting when the matter was first discussed. Warren Timm, 301 NE 26th Avenue, suggested an accident on 1-95 would redirect all the traffic to Sea crest Boulevard and with only two lanes available emergency personnel would be hindered in any responses. Victor Norfus, 261 N. Palm Drive, questioned if the survey considered the potential growth with tbe proposed redevelopment in the area. Mayor Taylor explained traffic studies are only valid for a specific period of time. Ms. Bright added the traffic study was done by Kimley-Horn, the roadway experts. She explained the proposed development on the west side of Sea crest would add perhaps 100 new residents and the rental residences were delayed, but could include less than 160 units. Mr. Norfus contended the proposed development along Martin Luther King Boulevard would also add to the population using Sea crest Boulevard. Ms. Bright countered that Federal Highway would also be a main route for those residents. Mr. Norfus strongly disagreed with the projected population numbers in the traffic study. He also questioned the amount of community input that was received on the beautification. Ms. Bright responded the Heart of Boynton Plan had included the beautification since adoption in 2001. She again reviewed the request before the Commission that was based on the Kimley-Horn study indicating it does meet appropriate traffic counts for narrowing. She reiterated the final plans would be presented to the Community Redevelopment Agency Board and the Commission. Mr. Norfus contended requests for traffic signals have not been considered to address traffic flow. Gertrude Sullivan, 201 NE 6th Avenue, inquired if the traffic around Poinciana Elementary School was considered, especially if only two lanes are available. Ms. Jackson reiterated that she wanted four lanes and asked that the request be modified. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 Brian Miller, 2515 NE 2nd Court, indicated, in his experience, at least one lane is blocked every morning and afternoon to accommodate traffic from the school. The expansion to four lanes was well received. He felt the beautification should be done, but two lanes in each direction should be preserved. Commissioner Ross suggested more feedback was needed from more of the residents. Herb Suss, 1711 Woodfern Drive, noted this was a prime example of why a civilian, independent Community Redevelopment Agency Board is needed in addition to the City Commission. Commissioner Ross wondered if a completely independent Board would have any different impact on this issue. Vice Mayor Rodriguez recalled the last Community Redevelopment Agency Board meeting had a long presentation and discussion on the issue. Commissioner Hay requested clarification on the objection to four lanes rather than two. Mr. Livergood reiterated the request was only for the County to consider modification of their Comprehensive Plan to aI/ow consideration of a reduction to three lanes. The County plan calls for five lanes currently. The City can proceed without going to the County with streetscapes improvements, median improvement and intersection closures that could involve the neighbors. If the ultimate decision was to go to only three lanes, by not approving the request, the process would. be delayed at least one year. The motion passed 3-2. (Commissioners Hay and Ross dissenting) x. . FUTURE AGENDA ITEMS: A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - November, 2008 B. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - November 5, 2008 C. Report on Tow Contractor Meeting - November 18, 2008 D. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 E. Review of NE 1th Avenue Canal - (Tabled on September 1.8, 2008 to December 2, 2008) F. 2008 Recreation and Parks Strategic Plan Update - January, 2009 G. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Departmenfs Law Enforcement Trust Fund. (Tabled on August 5, 2008) 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-016 RE: Adopting Comprehensive Plan amendments to incorporate State-required 10-Year Water Supply Facilities Work Plan and related amendments to four elements. (Vice Mayor Rodriguez left the dais due to illness) Attorney Cherof read Proposed Ordinance No. 08-016 by title only on second reading. He pointed out revised tables 5-5, 5-6, 5-7, Figure 5-1 and Figure 5-2 were distributed, so there would need to be a motion to amend to incorporate those amended tables and charts. Mayor Taylor opened the issue for public hearing. Mr. Bressner noted their was discussion to delay the use of the Floridan and the timeline outlined may have to be altered. Pete Mazzella, Deputy Director of Utilities, agreed the delay of using the Floridan would push the request out of the five year planning period. The current plan is for the year 2013. Many of the expenditures have fallen out of the planning period. There will be minimal expenses in 2012 and 2013. Mr. Bressner pointed out if there is further delay the Comprehensive Plan would again need to be amended. Ms. Matras noted the water plan has to be amended every five years; however, the South Florida Water Management District is not clear if the delay would warrant amending the plan again. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-016. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-0. 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 2. Proposed Ordinance No. 08-029 RE: Amending Chapter 10, "Garbage, Trash and Offensive Conditions," of the City of Boynton Beach Code of Ordinances, by amending Section 10-24 (a)(5), "Single Family Residential Refuse Collection", to provide for limitations on the placement of refuse containers in proximity to streets and sidewalks within the City. Attorney Cherof read Proposed Ordinance No. 08-029 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-029. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-0. 3. Proposed Ordinance No. 08-030 RE: Amending Section 9-22 of Chapter 9, "Fire Protection and Prevention," to identify individuals and entities who are responsible for payment of fire and safety inspection services. Attorney Cherof read Proposed Ordinance No. 08-030 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-030. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-0. C. Ordinances - 1st Reading None D. Resolutions: 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, FL October 21, 2008 None E. Other: None XIII. UNfINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:58 p,m. CITY OF BOYNTON BEACH ~-_..- ;117~ Je~ aylor, yor " ATTEST: ~ /_ ../ ) ~ /.(/~~-c-~.(/~~; '-C1 Ji,~o:P/ Com~:s; /''/W~/~ Marlene Ross, Commissioner 27