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Minutes 11-05-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 5,2008 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 by Reverend Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Rodriguez Mayor Taylor called the meeting to order at 6:55 p.m. Reverend Gill offered the invocation. Vice Mayor Rodriguez led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted action relating to the Old High School should be added under Unfinished Business. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTH ER: A. Informational Items by Members of the City Commission Commissioner Weiland noted there had been several home invasions in Golfview Harbour and was overwhelmed by the way the Police Department handled the investigation. He commended Sgt. Broberg and his team in apprehending seven suspects involved in the burglaries. The community was in the process of organizing a Citizens Observer Patrol. Mayor Taylor conveyed the comments of a council member from Briny Breezes on the excellent work being done by the Boynton Beach Police Department in their neighborhoods. 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Commissioner Hay acknowledged the St. John Missionary Baptist Church's Men's Conference being held November 6, 7 and 8. The guest speaker is world renown Dr. Tony Evans who will be presented with a key to the City. The public is invited to attend on Thursday and Friday at 7 p.m. Dr. Evans would be speaking on Friday and Saturday. Mayor Taylor thanked Commissioner Hay for making the presentation to Dr. Evans and extended his welcome to the visitors and wished the Church success with their Conference. Commissioner Ross advised she had attended the opening day for the Green Market. Although the weather was rainy, she was able to buy produce and food items. She noted the Green Market will continue every Saturday and encouraged others to attend and enjoy fresh produce and good food. Commissioner Ross was also impressed with the number of voters who weathered the rain to vote at the Boynton Beach Public Library. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Procla mations None 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> Herb Suss, 1711 Woodfern Drive, read an editorial that had appeared in the Sun Sentinel relating to a violation of 1st Amendment rights regarding political attire in Chambers. (A copy is attached to the minutes.) Mr. Suss felt the directive took away the spirit of the election. He suggested better discretion should be used when addressing the rights of voters and citizens. Commissioner Weiland disagreed and recalled since 1999 no political attire has been permitted in City Chambers whether a local or national election. The former Mayor, Gerald Broening, had made similar remarks and was never chastised. Commissioner Weiland admitted he had spoken with both the City Attorney and City Clerk regarding the issue and requested that individuals be quietly reminded of the policy. 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Attorney Cherof remarked the City Commission Chambers is a limited public forum and a place where City business is conducted. The types of free speech that have been referenced have no application in a limited public forum. The custom that has been in place since at least 1990 has been respected by most citizens. Attorney Cherof advised the Mayor was fully informed on the status of the law as he had personally advised the Mayor of a federal case in Florida that ruled municipal chambers are a limited public forum where the issues of free speech do not always come into play. Other members of the Commission had made inquiries to Attorney Cherof as well as members of the public seeking guidance. Mayor Taylor commented he merely called attention to the general rule that has been respected for years. The Commission is non-partisan and his remarks were intended to appeal to the common sense of all citizens. Lawrence Gottfried, 1102 Renaissance Way, referred to a landscaping issue in his community and meeting that took place to address the issue with the City. He contended that there was not proper notice for the meeting and various issues were not properly brought before the governing board. (Copies of two violations, together with a written letter, were submitted and are attached to the minutes.) Mr. Gottfried alleged many of the participants at the meeting and City staff were guilty of perjury. He insisted the City initiate an investigation by the US Attorney's Office or the Department of Justice involving possible perjury and the lack of proper notice. Mark Karageorge, 240A Main Boulevard, noted Mayor Taylor was recently recognized in the Boynton Forum newspaper as the best City official. Chad Shane of the Boynton Beach Police Department, Jim Ness, retired from the Boynton Beach Fire Department, Kurt Bressner, City Manager and Chief Matt Immler of the Police Department were also recognized. Mr. Karageorge strongly disagreed with the accusations previously made by Mr. Gottfried and stressed proof was needed to substantiate the allegations. The Code Compliance Department was diligent in their responsibilities and had compassion for the citizens. He also stressed the Police Department was a model of efficiency for other departments in the area. Mayor Taylor appreciated the recognition that was given, but acknowledged all the designees were only as good as those that worked with them. Victor Norfus, 261 N. Palm Drive, brought to the Commission's attention a problem with vermin infestation in his community and the rats and mice crawling along the poles and wires into homes. He requested assistance as a public safety and health issue and indicated his area was experiencing problems as were homes in District 1. Mayor Taylor indicated he was not aware of a problem and thought individuals usually hire exterminators for their properties to deal with the infestation. Vice Mayor Rodriguez suggested the residents have to be proactive and deal with the issue individually. Mr. Bressner suggested the Palm Beach County Health Department may be able to assist. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, and a property owner in Boynton Beach, belonged to a group called the Choralairs that were sponsored by the City. The group practiced at the Civic Center and went out into the community and sang to those elderly and challenged during the holiday season. All the participants are volunteers. The Director, Millie Sonnema, 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 did receive a stipend of $48. She had been advised the City would no longer sponsor the group. A charge of $50 was suggested for the service with the Director receiving a percentage of the fees collected. The total cost of the Choralairs program was approximately $1,000 annually. She urged the Commission to continue to support the group. Commissioner Ross inquired if some or most of the locations they visited were within the City of Boynton Beach. Ms. Hogan replied many were within the City limits, as well as nursing homes and elderly facilities. The Choralairs were not comfortable with charging a fee for the service. There was a suggestion of a $50 fee, but collection was not stressed. Commissioner Ross inquired if the community investment funds could be allocated as she wanted to support the program. Wally Majors, Director of Recreation and Parks, advised the group had been with the City for more than 20 years and it was a wonderful program. He indicated all programs were being reassessed to increase revenue and/or decrease expenses. Ms. Sonnema has not been receptive to discussion on the issue with staff, who was willing to assist in finding partners or sponsors to assist and continue the program. The Choralairs were not charged a fee for the use of the facilities to practice, which is a generous in-kind contribution. Other groups are being asked to make some type of contribution to offset costs. Mayor Taylor ascertained the fact the Director organizes the materials, plays the piano, directs the group and searches for various instruments to enhance the music. The costs involve the director's fee and use of the facility twice a year. It was suggested the singers may be able to contribute. Ms. Hogan noted many of the singers were seniors themselves on fixed incomes. Commissioner Hay inquired if the group would qualify to receive monies from the discretionary funds. Mr. Bressner was unaware of the financial status of the group. Ms. Hogan indicated there was no formal structure to the group. Mr. Bressner offered to review the request and report back to the Commission on available options. Tom Warnke complimented the City on the lack of a contentious atmosphere at their meetings. He also inquired if the limited public forum law applied to issues as well as candidates. Mayor Taylor corrected the implication that there was a law, rather it was a general rule. People do come into chambers with banners and signs for a particular issue that are not allowed. Mr. Warnke agreed with the general rule as it was not conducive to conducting the business of the City. He also volunteered to participate in developing the options for a green police facility. It was also discussed that the doors banging closed in the chambers was a distraction that should be addressed along with the temperature in the Chambers. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Appointment Length of Term To Be Made Board EXDiration Date III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 IV Ross Cemetery Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 II Hay 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) III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Library Board Reg 3 yr term to 12/09 Tabled (2) II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Recreation & Parks Advisory Board Reg 3 yr term to 12/09 Tabled (3) III Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (2) Motion Vice Mayor Rodriguez moved to table all appointments. Commissioner Ross 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 21, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award Bid #069-2821-08/0D, "Southeast Federal Highway Corridor Infrastructure Improvement Project", to Chaz Equipment, Inc., and execute a contract in the amount of $598,455.45 plus an owner's contingency of 10% in the amount of $59,800 for a total project budget appropriation of $658,255.45. (Proposed Resolution No. ROB-125) 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 2. Award Bid #059-2821-08/0D for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" to ALLIED UNIVERSAL CORPORATION of Miami, FL. Contract period: November 6, 2008 to November 5, 2009 with an estimated annual expenditure of $230,000. C. Resolutions 1. Proposed Resolution No. R08-126 RE: Approving and adopting a Subordination Policy for use in the City of Boynton Beach Community Improvement Housing Programs. 2. Proposed Resolution No. R08-127 RE: Approving and recognizing the "Building Citizenship in the Community: Back to Basics" initiative of the Florida League of Cities, Inc., and pledging support for the statewide effort. Commissioner Ross pulled Item VI.C.2 for discussion. D. Authorize the use of $600 from Commissioner Weiland's Community Investment Fund for the School District of Palm Beach County, The Education Network, T.E.N., to assist students in our community with first quality TV productions to showcase their talents. Commissioner Hay pulled Item VI.D for discussion. E. Authorize the use of $500 from Commissioner Ross's Community Investment Fund for the School District of Palm Beach County, The Education Network, T.E.N., to assist students in our community with first quality TV productions to showcase their talents. F. Accept the written report to Commission of purchases over $10,000 for the months of August and September, 2008. G. Approve payment in the amount of $46,302 to Nowlen, Holt & Miner, P.A., Certified Public Accountants, the City's auditors, for excess time incurred in completing the audit for fiscal year ended September 30, 2007. Commissioner Weiland pulled Item VI.G for discussion. Motion Commissioner Hay moved to approve the Consent Agenda with the exception of Items C.2, D and G. Commissioner Ross seconded the motion. The motion passed unanimously. VI. C. 2 Proposed Resolution No. R08-127 RE: Approving and recognizing the "Building Citizenship in the Community: Back to Basics" initiative 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 of the Florida League of Cities, Inc., and pledging support for the statewide effort. Commissioner Ross highlighted the issue as it was very important since the focus of the program has been K-12 civics education, but the League is now working towards the design, launch and management of a new campaign. The campaign would heighten civic awareness and participation of the Commission's constituents. It is important to the communities, and Commissioner Ross wanted to emphasize the need to educate the citizens on fundamentals of City services and what it takes to effectively run a City, especially in these difficult economic times. She was looking forward to seeing the projects and resources mentioned in the resolution that would be available in the future. Mayor Taylor complimented anyone who helped pass the amendment on the ballot for "Let Us Vote". It is very important for municipalities to maintain their local jurisdiction on issues. Motion Commissioner Ross moved to approve Proposed Resolution R08-127. Commissioner Hay seconded the motion. The motion passed unanimously. VLD. Authorize the use of $600 from Commissioner Weiland's Community Investment Fund for the School District of Palm Beach County, The Education Network, TEN., to assist students in our community with first quality TV productions to showcase their talents. Commissioner Hay indicated he was very familiar with T.E.N. and requested authorization to use $500 from his Community Investment Funds to support the program. Commissioner Ross explained it was basically the School District's public access television Channel 19 with Comcast in Palm Beach County. The station produces some programming and works with students to learn production skills and other educational aspects of television. There is an entire staff available at the Congress Avenue facility for those specific purposes. Carisse LeJeune, Assistant to the City Manager, added The Education Network was responsible for the filming of both Go Green Boynton pubic service announcements and collaborated on the Boynton Beach High School meeting. Motion Motion to approve Item VLD with the addition of Commissioner Hay's funds. Commissioner Ross seconded the motion. The motion passed unanimously. VLG Approve payment in the amount of $46,302 to Nowlen, Holt & Miner, P .A., Certified Public Accountants, the City's auditors, for excess time incurred in completing the audit for fiscal year ended September 30, 2007. Commissioner Weiland advised he found the answer to his question. 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Motion Commissioner Weiland moved to approve Item VLG. Commissioner Hay 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. None IX. CITY MANAGER'S REPORT: A. Discussion of Neighborhood Stabilization Program (NSP) Options Mr. Bressner advised the City would be eligible for an allocation of $2.9 million from the Federal Housing and Urban Development Department (HUD) for a program called the Neighborhood Stabilization Program as an adjunct to the Community Development Block Grant program. The funding was available because Boynton Beach is an entitlement community. The formula for distribution of funds was based on the foreclosure rate. Four areas for the funding would be suggested and if approved, the grant applications would be submitted, HUD would review the material and a final decision would be made in February, 2009. The funds would be returned to the State if the City did not want to proceed with the program. The four areas for funding are as follows: . Down payment assistance of $400,000 for the Ocean Breeze project to be administered by the Community Redevelopment Agency. Both the Agency and developer must comply with all Federal regulations as sub-grantees . Scattered site acquisition for deteriorated structures in the Heart of Boynton area for an amount of $400,000 . Foreclosed purchase and rehabilitation City wide of $1.8 million. There were 153 known foreclosed properties within the City limits as of last week . 10% allocated for administrative costs; the first and second options would not be as labor intensive as the third option Mayor Taylor questioned if the Commission would have final approval of where the money would be spent. Commissioner Weiland questioned if a property was bought and rehabilitated what would the City's role be in selling the house. Mr. Bressner explained there would be a revenue stream that would come back to the fund for additional purchases. The homes would not be given away; rather bought from a bank, 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 refurbished and then made available to an income eligible family to purchase the home. The proceeds would be available for other activities. Attorney Cherof advised that each purchase and each sale should be ratified by the City Commission. Vice Mayor Rodriguez suggested all of the monies should be spent for foreclosures, the primary purpose for the money. The Community Redevelopment Agency has its own budget and homebuyer program. The funds should not be scattered, but totally used to assist more foreclosures throughout the entire City. Commission Weiland agreed and indicated he understood that American Realty had already received significant assistance from the Community Redevelopment Agency. Commissioner Ross inquired if a majority of home foreclosures would receive assistance. Mr. Bressner indicated a maximum of 18 homes would be helped. Commissioner Ross noted her district has 65 homes in foreclosure. Commissioner Hay cautioned the Neighborhood Stabilization Program funds are spread around and the City has to qualify to receive the funds or the money goes back to the State. Mr. Bressner contended all four areas recommended are eligible and fall within the four corners of the legislature policy decision. Mayor Taylor indicated the $400,000 for the Ocean Breeze project would help a blighted area. If the funds were not provided, the project would not move forward. Commissioner Weiland reiterated the developer had received assistance from the City and was suppose to look to the County and State for further funding. Mr. Bressner understood discussions the CRA staff had with the County was a 50/50 match was needed to leverage $1 million and the City or Community Redevelopment Agency would need to contribute approximately $500,000 more. The Community Redevelopment Agency did not have the monies and was hoping the City could contribute $400,000 from the Neighborhood Stabilization Program and another $100,000 from the CRALS funds received from the traffic mitigation program for low income housing. Vice Mayor Rodriguez pointed out the proposed options utilized more of the monies in District 2 while the highest number of foreclosures are in District 4. The only option he would support would be focusing on foreclosures. Commissioner Ross asked for clarification on how the funds would be distributed. Mayor Taylor indicated the eligible homes would already be foreclosed and in the hands of the banks. Preventive measures were not addressed by the legislature. Mayor Taylor cautioned if the monies were not allocated to the Ocean Breeze project, the entire development would be jeopardized. Vice Mayor Rodriguez pointed out the funding is to assist home purchases and had nothing to do with projects. Commissioner Weiland noted the Ordinance indicated the program was to assist in redevelopment of abandoned and foreclosed properties and provide benefits to individuals and families whose incomes do not exceed 120% of the median income. At least 25% had to be used to purchase foreclosed properties. Vice Mayor Rodriguez advised he would rather put a family in a home that is refurbished then to start a new project and leave those homes behind. Commissioner Hay contended it was a 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 real opportunity to move the Ocean Breeze project ahead and cause things to happen in the community. It still made no sense to Vice Mayor Rodriguez to start a new project and leave foreclosed homes abandoned throughout the City. The remaining funds would only assist approximately 20 homes. Mayor Taylor felt it was an opportunity to finally see some progress and get the Ocean Breeze project underway. Commissioner Ross asked the status of all the foreclosed homes in her District if assistance was not provided. Vice Mayor Rodriguez indicated the homes would just sit empty . Mayor Taylor stressed all the remaining funds would go to foreclosed homes. Commissioner Ross suggested if all remaining funds were used for foreclosed homes it would be a good compromise. Mr. Bressner again explained the basis for staff's recommendations of the four options and reiterated the suggestion that another $400,000 be used to purchase homes in the Cherry Hill area. The remaining dollars could be spread throughout the other districts: however, Mr. Bressner took issue with discussing allocations by districts. Vice Mayor Rodriguez asserted his concern was the entire City is suffering and should be recognized and not just the Heart of Boynton Beach. Commissioner Weiland noted in light of past efforts to get Ocean Breeze off the ground, if $400,000 was awarded, the developer would not seek further funding from the County or the State. Mayor Taylor indicated the $400,000 would go towards a match for County funding. Vice Mayor Rodriguez alleged the discussion should have been brought before the Community Redevelopment Agency Board first to inform the Board of the status of the Ocean Breeze project. Mayor Taylor summarized if $400,000 went to the Ocean Breeze project and $300,000 for administrative costs, $1.2 million would remain for foreclosures. Vice Mayor Rodriguez offered the suggestion that the $400,000 be allocated and then no other funds be used within District 2. Commissioner Hay strongly opposed separating the City and funding by districts. Mayor Taylor added each new acquisition would have to be approved individually by the Commission. Keturah Joseph, Boynton Beach CDC Executive Director, asserted the County would require a 50/50 match if any funds were awarded by the County. She also felt the matching funds would be leverage for the State to award funding. She suggested the monies be expended only if the developer seeks further funding from the County and State. If the developer fails to seek additional funding, the monies could revert back to foreclosed homes. There was consensus that $400,000 would be given to the Ocean Breeze project and the remaining funds would be dedicated to foreclosures City-wide. If additional funding sources were not sought by the developer, or the matching funding not received, the $400,000 would revert back to the foreclosed home program. Commissioner Weiland asserted if the properties in Cherry Hill were residences, he did not feel relocation expenses should be claimed. Mr. Bressner agreed that any occupied properties should be avoided. 10 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Mark Karageorge, 240A Main Boulevard, commented the Ocean Breeze project would house 32 single families arid would address blight in the area. The contribution would also help with County and State funding and ultimately assist 40 to 50 families. The combined efforts would greatly enhance the area and the City in eliminating blight. Brian Miller, Chair of the Community Relations Board, strongly supported the idea that the Sea crest area was a blighted area. He urged the Commission to use the funds to eliminate blight by working as a team. Mayor Taylor agreed with Vice Mayor Rodriguez that the City as a whole needs to be addressed and the entire City needed to be included to balance the allocation of funds. The best buys also need to be considered. Mr. Bressner reminded the Commission there needed to be funding for administrative costs included in the allocation. Mr. Bressner recapped that $400,000 would go to the Ocean Breeze Project contingent upon receipt of matching funds from the County within six months, $2,273,311 to foreclosures and $290,000 for administrative costs. Staff would come back to the Commission with targeted areas and properties for final approval. Motion Commissioner Hay moved of the $2.9 million, $400,000 would go to the Ocean Breeze Project, $290,000 for administrative costs and the remaining balance for foreclosures City-wide, contingent upon the matching funds from the County being received within six months or the monies would revert back to the City for foreclosures. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A. S.E. 4th Street Corridor Improvement Project - Review and discussion of project scope and budget - November 18, 2008 B. Report on Tow Contractor Meeting - November 18, 2008 C. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - November 18, 2008 D. Nautica/Meadows/Quantum Parks - November 18, 2008 E. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 F. Review of NE 12th Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) G. Report on available mechanisms to save the Old High School - December 2, 2008 11 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 H. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - December 2, 2008 1. 2008 Recreation and Parks Strategic Plan Update - January, 2009 J. Report on cost sharing options for take-home vehicles - January 2009 (In conjunction with continued budget discussions) K. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) XI. NEW BUSINESS: A. Provide direction regarding continuation or modification of the current CRA Board configuration Commissioner Ross had requested the item be added to the agenda. She requested a discussion on the issue and referred to the City Attorney's outline of the three options. Vice Mayor Rodriguez suggested a fourth option that a Community Redevelopment Agency Board be established that is advisory to the City Commission, similar to the Planning and Development Board. Commissioner Ross added Fort Lauderdale had used that approach. Attorney Cherof advised the suggested options are statutory options. It would not preclude the Community Redevelopment Agency, no matter how it is constituted, from using the services of a sub-advisory committee. There would remain two legal entities; the Commission and the Community Redevelopment Agency. The Commission can create any number of advisory boards as the Commission or the Community Redevelopment Agency. The role of an advisory board could not be substituted for the Community Redevelopment Agency Board. Commissioner Hay inquired if the current Board could be expanded by two members and have the advisory committee. Attorney Cherof advised no matter how the Community Redevelopment Agency Board is configured, an advisory board could be added. Vice Mayor Rodriguez felt the addition of members to the current board would be too much bureaucracy. Commissioner Ross and Commissioner Hay disagreed. Commissioner Ross included that the membership should be based on City boundaries and not Community Redevelopment boundaries. Attorney Cherof explained the statue is clear and the Attorney General has ruled that eligibility to sit on the Community Redevelopment Agency Board is any individual that resides or owns property in the City limits. Commissioner Ross gave an example of an officer with a non-profit agency that does not live in the City limits, but works within the City would be eligible. Vice Mayor Rodriguez noted none of the Community Redevelopment Agency staff live within the City of Boynton Beach. Commissioner Ross supported the third option of the members of the Commission plus two additional members to constitute the Community Redevelopment Agency Board. She did not 12 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 feel the creation of an additional board would be beneficial to the Community Redevelopment Agency staff and developers seeking stability. Commissioner Hay also supported option three with the addition of the citizen's advisory committee. Commissioner Ross inquired if the issue could be addressed in phases. Mayor Taylor felt the Board was not broken and did not need to be fixed. He felt the Board had done an excellent job and saw no reason to change the present makeup of the Board. Five people were sufficient to make the necessary decisions. Commissioner Ross indicated she had based her decision on feedback from the citizens and their impression Commissioners as the Community Redevelopment Agency Board was a conflict. She did not agree with replacing the entire Community Redevelopment Agency Board. Vice Mayor Rodriguez contended having citizens on the Community Redevelopment Agency Board was responsibility with accountability. There would a $10 million budget that would be administered by volunteers and would not hold the Commission accountable for the money. He would support an advisory board to the Community Redevelopment Agency Board; however, any number of members more than five would be too many in his view. Commissioner Hay felt the remarks were an insult to the citizens of the community and totally disagreed with Vice Mayor Rodriguez. He did agree with Mayor Taylor that the current Community Redevelopment Agency Board was doing a great job. There was room for improvement with an addition of two residents. He did support the creation of an advisory board. The people who actually live in that area have not been given a voice in the decisions and it would be a tremendous benefit for them to be represented on the Board. Commissioner Ross emphasized there would be no guarantee on who the two additional members would be or from a specific area. It has to be open to any resident or business owner within the City. Vice Mayor Rodriguez reflected back on the actions of the previous Community Redevelopment Agency Board and the many properties they bought with no responsibility or accountability to sustain the acquisitions or properties. If those same decisions were made by an elected official, re-election would not be possible. Mr. Karageorge offered his opinion that there are several board appointees, with the necessary qualifications, that work for the best interest of the City and understand their awesome responsibility. A few boards do have a fiduciary responsibility to the citizens. Citizens from throughout the City have requested a stronger voice on the Community Redevelopment Agency Board. Mr. Karageorge agreed with Commissioners Ross and Hay to expand the Board to seven members with two additional qualified individuals. Their objective should be to bring business to the corridor east of 1-95 and assist in redeveloping the area. Vice Mayor Rodriguez noted no advisory board has a $10 million budget and a staff to manage. Mr. Karageorge alleged the Code Compliance Board members had a similar fiduciary 13 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 responsibility . Mayor Taylor noted the public cannot fire a board appointed volunteer. The public can fire an elected official. Gertrude Sullivan, 201 NE 6th Avenue, stressed there were capable people who could assist the Board and the residents. She urged the Commission to consider all the citizens. Victor NOrfus, 261 N. Palm Drive, spoke in favor of adding members to the current Board, as well as an advisory board. He asserted the Commission should have more authority on what the Community Redevelopment Agency Board can and cannot do. The Commission is responsible to the citizens, but the Board was not an elected body. Citizen input from the area is critical as well as input from all residents of the City. It is impossible for the Commission to manage the Board when the members are the same. Vice Mayor Rodriguez advised the Community Redevelopment Agency Board is an independent board and the Commission has no oversight unless the Commission sits as the Board. Mr. Norfus contended a citizen's adviSOry board would have longevity rather than new board members with each election. Herb Suss, 1711 Woodfern, asserted the addition of two qualified members would be advisable. He agreed a five person advisory board should be appointed also. Commissioner Weiland questioned the cost of additional staff time to accommodate another advisory board, along with meeting dates and times. Those aspects should also be considered. Elizabeth Jenkins, 711 NW 1st Street, was concerned with the treatment of the residents in the Heart of Boynton. She recognized the Commission took on the responsibility of the Community Redevelopment Agency Board. Other areas were being developed and the Heart of Boynton remains the same. Dr. Martha Meeks-Light, 225 NW 6th Avenue, was glad the issue was being discussed and she was in favor of adding two additional members to be selected from City-wide and based on qualifications. She pointed out the current Board members had to be trained regarding redevelopment and many residents are eager and capable of learning. Many residents in the blighted area feel they have no input into the decisions relating to their community. No one else coming forward, Mayor Taylor closed the public comments. Commissioner Hay inquired if and when any decision that might be made could be reconsidered. Attorney Cherof advised nothing was forever. Mr. Bressner indicated it would have to be reconsidered at the next meeting from someone on the prevailing side of the first vote. Anyone could second the motion once the motion is made. Commissioner Ross suggested as a compromise to start with an advisory board of five to seven members. Over a three to six-month period, if two rose to the top, those two could be appointed as members of the Community Redevelopment Agency Board. 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Commissioner Weiland reiterated his concerns relating to staff time, meeting place and timing for the City and the Community Redevelopment Agency staff and the impact on the budgets. Commissioner Hay suggested the matter be tabled until the logistics could be evaluated. It is an important decision for many people and caution should be taken. Commissioner Ross agreed and sought more information on the advisory board approach and the impact on the City and Community Redevelopment Agency staffs. Attorney Cherof suggested a decision be made whether an advisory board would advise on all issues or only on select issues. By controlling the issues, the time and costs involved would also be controlled. Motion Vice Mayor Rodriguez moved to adopt Option 2. Commissioner Weiland seconded the motion. Commissioner Hay questioned how the determination would be made of what issues would be considered. Attorney Cherof suggested items such as those listed under Future Agenda Items could be referred to the adviSOry board for input. Vote The motion passed 3-2. (Commissioners Hay and Ross dissenting) 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. 08-031 RE: Amending Part II, Chapter 10, "Refuse and Abandoned Property" by enacting a new Article IV. "Property Maintenance Requirements" to provide for standards for the maintenance of residential and non-residential properties within the City; repealing City of Boynton Beach Code of Ordinances Part III, Chapter 20, Article I, Section 8, "Building Security Code"; Article II, "Electrical Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum Standards" and Article IX, "Swimming Pools and Spas". (Tabled on October 21, 2008) 15 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Attorney Cherof read Proposed Ordinance No. 08-031 by title only on first reading. Motion Commissioner Ross moved to remove Item XII.C.1 from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-031. Commissioner Hay seconded the motion. Mr. Bressner updated the Commission that all issues had been reconciled. He had determined that all language in the Ordinance was elsewhere in another Code. The intent was to consolidate the provisions in one section. Before the second reading of the Ordinance section 10-57, Overcrowding, the language mirrors the model code and the definition may be problematic. Legal will need to review the issue. Another issue is the format of the Ordinance because exceptions are not easily accessible and staff should re-form at the Ordinance to be clear. Vote City Clerk Prainito called the roll. The vote was 5-0. 2. Proposed Ordinance No. 08-032 RE: Amending Section 10-30 of the City's Code of Ordinances, Garbage, Trash and Offensive Conditions, Article II, Refuse, Garbage and Trash allowing for rate increase. Attorney Cherof read Proposed Ordinance No. 08-032 by title only on first reading. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-032. Commissioner Ross seconded the motion. Mayor Taylor would not vote in favor of the rate increase as long as the Commission was willing to spend $42,000 annually to maintain the Old High School that should be torn down. Commissioner Weiland was also not in favor of the increase because the water rates were also going to be raised. The trash collection was just modified and a fee of $.25 per month had been approved. Many residents do not use the service whatsoever. Vice Mayor Rodriguez inquired if the increase was for the City. Mr. Bressner confirmed the City did all solid waste collection. 16 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Jeff Livergood, Director of Engineering and Public Works, advised the rate increase was for commercial customers only. The program operated on revenue received, whether residential or businesses or roll-off services. The roll-off fees actually subsidize residential rates. The objective is to keep the rates equal to the cost of the services provided. The cost of roll-offs has three components; the rental fee, disposal cost and operating costs. Mayor Taylor felt the increase was warranted, but could not raise the rate for a businessman while spending $42,000 annually on the dilapidated building, the Old High School. Vote City Clerk Prainito called the roll. The vote was 3-2. (Mayor Tay/or and Commissioner Weiland dissenting) D. Resol utions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Resolution for Old High School (This item was added to the agenda earlier.) Attorney Cherof explained the original motion was to accept the responsibility for maintenance of the Old High School. The motion should have been to approve Resolution R08-128 that was included in the materials. He asked that the Commission reconsider the matter for the purpose of changing the motion to approve Resolution R08-128 approving an agreement between the City and the Community Redevelopment Agency including a requirement that the Community Redevelopment Agency convey back, by special warranty deed, the property to the City. Vice Mayor Rodriguez implored the Commission to reject the motion. He asserted the Old High School is within the Community Redevelopment Agency district and it should be their responsibility to redevelop, as well as pay the associated costs. The Community Redevelopment Agency Board had just voted the monies budgeted for the Old High School not be given to the City. Mayor Taylor recalled the provisions in the original agreement between the City and Community Redevelopment Agency were not met and the agreement became void. Vice Mayor Rodriguez contended the Community Redevelopment Agency Board failed to hold the Community Redevelopment Agency accountable. 17 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2008 Commissioner Ross noted there was a long discussion on the Old High School in relation to the development of the Children's Schoolhouse Museum. Mr. Bressner would be presenting options regarding the property at the December 16, 2008 meeting. Motion Commissioner Weiland moved to reconsider the Old High School issue. Commissioner Hay seconded the motion. The motion passed 4-1. (Vice Mayor Rodriguez dissenting) Motion Commissioner Hay moved to approve Resolution R08-128. Commissioner Ross seconded the motion. The motion passed 4-1. (Vice Mayor Rodriguez dissenting) XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9: 12 p.m. CTIY OF BOYNTON BEACH h ;Y~ ~rry ~ Ma / Ronald Weiland, Com er ATTEST: a)~0;(: - W?2Zom/2~/ ~ Marlene Ross, Commissioner 18 .. EtIIIodal THI,ISsuE:'BOyntoRmayort,iesto banpoliti~attifeat city ,meetings ApPf,lr~ntiy"the BoyntonBea~, ,city Co~siol . chambers has no room for the First AIhendment. 'fhM's wbat '~u'd have ~o conclude: if you took Mayor J'try:Ta~r'sl::t_~'cr~$~USly,--thatno IlUitter how e:w;cited t ' epul>,lic i~,as,we appreaclto~e of tJie mostiplp,itantpr,e$idepti~ ele~c,uls Qf our tUne, we ai'eto "r~tnertlb~r"that 1).doneis welcome at , City,CommisSion meetlnpor in the clt!ilmbel'Siifhe or . she ~ wearing Kpolitica} clot~g or badg.es." , . NQshUt$,~m~eneijwt~,Bll@Ck 01J~'$,im~e. No ~CouJ;\try~t"Jo1tn:M~~, Duttons:,And dOn't b~$8king'~y"pdntical speeehes." " . .:ray19f dedat'ed the Cbat11bers a "n~n-politicaleT1Vi- ~."(;a..Uit,a,4e~q-{reet;one. P141 it\apgh- ab~,'tOoi'be~~Ei It'8'J?~ste~ous:t~ ttrlnk~ $ay- or c81l'ban political 'attitefr.oma public buD' " "'. ' He's f;igbA:to'b~ pQ1i.ti~rallyiJ.l~~ttp.ee9~, QTto stop someone frOm making.aspeech pro.moting~ope candidate or the oti1eI>'wbUethe city is ttyibgtQ ton- duct its business. That's disruptive. But QO one's done tpat. In fact, it'.s unclear what got Taylor so fired up tbathe felt compelled to xnandate tbat which he can't. Even calling tb,e chambersa"non.poJ,tttcal~aw.- rownent" is silly. The dais. is fun of4~ct~ officials. Elecred oficialS.are j)Qlitjcians, ,COn<I~~~~#<<;s. .' Th,e vrtlole sn:ct~~ w~ ablil\lN, and' ..~v:~no real e~ ~ te coxmpissi~ 'Y'!t>.*'t ev~n 1fi;eet a.gain before'1Uesda~s electi9n. The~y effettitwm have is tolu\'e the!eled~Ied6Y the fUss at a tUne when vOters arSpu !. 'up;'and to cast Taylor in-an unflatt,mnglight,even ifJ),e's n()t~wareoNt.i l't'$ not the fir$ttime ,the mayor has embarrassed hbnself, and tt~t's the point. His c~;mstitUents,and the city he loves, WQuld be best.se1'V~ jfJ;1e~.t~ h~der before opening bis inoutl1hext time,'b~ause tnesev..,t'~~es are,gettingto be a distr~i~n. BCm'OIiiJlt&= Thiolf:beforf! speaking,MSyor. .' , RiME ev CARRI" BYUS, MAIL E . ON!'WEB<SU8SCR'POO>I 7.day SUn .Frl T1lur.-SUn. "'.SUn, SUn,,-, sat-Sun, _ .7_ S_ o 'Pa/mBeldlCounty' ;,91 $8.~ $2.9{) $2.24 $2,]2 SUO :$1.80 1. f8. $1.75 . ", __"__"""SU_Sund_"""S_~~_ M J:::: l.:Jfi'::;' 11 ,will recelYe the 11121IQB, 1~SJ08, 51251os1...1!'d9101109lssues as part of current subscription CITY OF BOYNTON BEACH INTER-OFFICE MEMORANDUM TO: Mayor Jerry Taylor Members of the City Commission CC: Kurt Bressner, City Manager FROM: James A. Cherof, City Attorney ~ RE: Ownership of Old High School DATE: November 5, 2008 At the October 7, 2008 Commission meeting the Commission approved the acceptance of responsibility of the Old High School but the motion did not make specific reference to the Resolution authorizing the rescinding of the Agreement between the City and the CRA which originally effectuated the transfer to the CRA. For technical reasons Commission action is necessary on the Resolution which will allow for signature on the agreement to rescind as well as the Special Warranty Deed. I have discussed this with Commissioner Weiland who made the motion at the October 7, 2008 meeting and he has agreed to make a motion to reconsider which, if approved, would be followed by a "motion to approve Resolution R08-128." Page I of 1 s:\ca\memorandum\comm (old high school).doc 1 2 RESOLUTION NO. R08-128 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, APPROVING THE 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY FOR CONVEYANCE OF 10 THE OLD HIGH SCHOOL BACK TO THE CITY OF II BOYNTON BEACH; AND PROVIDING AN EFFECTIVE 12 DATE. 13 ]4 15 WHEREAS, on October 5, 2005, the City Commission of the City of Boynton Beach 16 approved and authorized an Agreement for the City to transfer ownership of the Old High School 171 to the CRA for maintenance, restoration and redevelopment; and 181 WHEREAS, the parties to the previous agreement desire to return ownership of the Old 19 High School to the City of Boynton Beach; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 21 of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton ! 22 Beach to approve the Agreement between the City of Boynton Beach and Boynton Beach 23 Community Redevelopment Agency returning ownership of the Old High School building from 24 the CRA to the City. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: I 27 ! Section 1. Each Whereas clause set forth above is true and correct and incorporated I I 28 I herein by this reference. i 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby I 30 approve the Agreement between the City of Boynton Beach and the Boynton Beach Community S \CA\RESO\AgreementS\Interlocal~ILA with CRA (Old High School return to City) doc I I I Redevelopment Agency returning ownership of the Old High School building to the City of 2 Boynton Beach, a copy of said Agreement is attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this ~ day of ,2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay I 19 I 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 I 25 I 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 ' (Corporate Seal) I 31 32 I S:\CAIRESO\AgreementsllnterlocalsILA with CRA (Old High School return to City) doc .~~-- -, --- _.._~ ,,' ._fA,... -"': ,; - '-.-- OGDi-CQMPLIANCi DlVISIO . . ----., .- , NOTICa TO CQRRECT \fIOlATION OF NICI,AL CODE fuain S(,"i.~ddreU~D..i!JtI:. ~Iclence S'6,~ Cl'p 2~~ City AeclQien~ldence r ViOlation Location - C" -'_ . _ ./ -. . IJ _ ~PJt;:)/t .~ ~~~=- - ~;;;;~ ~~ t:bt'V/;a/ / Si'~r-tP-1'( - ~ COOESECOOJt ~~~~~ ~ve~. ...ry . ; . tffa>-bu L-s~e .;;, · Orrt4tJ fJlP14 CI'r fl~ Cvi./1! ~~. if ~ c tt.t:~ . Failure to correct this violatlOn within I. day(S) frQiIi the First n ; ,,-, (above)- -- may result in a court citation tnd a fine of up to S500 plus costs., - 1_ , SECOND INSPECTION* io-n-a'1 I d "" ~:.: , I OISPOsmON: ..el:unoC~ 0 EXTENSION TO: ~ C~ '" ~<:;L< a COURT CITATION . 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