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Minutes 07-07-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, JULY 7,2009 Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow L. Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:31 p.m. An invocation was given by Vice Mayor Woodrow Hay. The Pledge of Allegiance to the Flag was led by Commissioner Ross. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted for the benefit of those in the audtence there was a request by the parties to table Items A.1 through A.6 under XII. Legal and also Items D.l. and D.2. Commissioner Weiland requested, under IX. City Manager's Report, the City Manager elaborate on the four budget scenarios submitted by the budget team. Motion Vice Mayor Hay moved to table the items previously mentioned. Commissioner Ross seconded the motion. The motion passed unanimously. 2. Adoption Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 II. OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland suggested a type of grass, Empire Zoysia, be considered for use in the re-sodding of the cemetery. It was his opinion it was more drought tolerant, easy to mow, and grows slower. It would be more expensive, but would greatly improve the aesthetics of the cemetery when the lawn is mowed. Lori LaVerriere, Assistant City Manager, advised another bid could be sought for the grass suggested. Commissioner Weiland complimented the Building Department on their handling of his permit for a new roof on his home. He commended staff on their helpfulness. He also mentioned the 4th of July celebration was excellent and well organized. Commissioner Rodriguez congratulated The Links of Boynton Beach and the staff for being named the best municipal golf course in the State of Florida. Mayor Taylor commended Dan Hager and his entire staff. Commissioner Ross announced the Boynton Beach Mental Health Initiative would be presenting a special screening on Saturday, July 18, at the City Library, on the topic of teen depression with a featured film, More Than Sad -Teen Depression. A panel of experts and speakers would be present for questions and answers. Also announced was the Green Community Alliance meeting and workshop on July 27th at Intracoastal Park Clubhouse at 6:00 p.m. The public was invited. Vice Mayor Hay recognized his daughter, Kesha, son-in-law, Daniel and grandson, Bryce in the audience. He also had attended the Firefighters' Pension Board Retiree Banquet held at the Intracoastal Clubhouse and the Firefighters' picnic. Both events were uplifting and enjoyable. Vice Mayor Hay participated in the ribbon-cutting celebration for the Solantic Urgent Care facility that is affiliated with Bethesda Hospital and now open for business. He also applauded the Grucci Fireworks display for the fabulous show. Mayor Taylor offered kudos to the Building Department for expediting the first permit under the new ordinance establishing an expedited process. The bank and developer involved were thrilled with the cooperation and diligence of the staff. It would be an asset to attract new businesses. III. ANNOUNCEMENTS, COMMUNITY It SPECIAL EVENTS, It PRESENTATIONS: A. Announcements: None B. Community and Special Events: 2 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 None C. Presentations: 1. Proclamations: a. "National Recreation & Parks Month" - July Mayor Taylor read a proclamation for July as National Recreation & Parks Month and presented it to Wally Majors, Director of Recreation and Parks. Mr. Majors invited everyone to review the FunFare Magazine with all the programs and activities available. b. "2010 Census Partner" Carisse Lejeune, Assistant to the City Manager, was present to accept the 2010 Census Partner proclamation after being read by Mayor Taylor. Ms. Lejeune reminded everyone the census was the basis for critical data needed to establish the City's population. She urged completion of the 2010 census questionnaires. 2. Presentation: a. Legislative update by Representative Mary Brandenburg, District 89. Representative Mary Brandenburg from the Florida Legislature, gave an update of the budget that was required to be balanced with no deficit spending. While revenues were down, additional monies were received from federal stimulus dollars. One-third of the monies has to go to public education, a third to health care and a third to economic development. Some taxes and fees were increased significantly, such as license renewal or replacement and court costs. Revenue from tobacco taxes would also increase due to an additional $1 tax per pack. Ms. Brandenburg hoped the revenue would not increase, reflecting a lower number of citizens, young or old, who would not smoke; thereby reducing health care in the future. Cigars were exempt from any increase since there is a thriving cigar industry in South Florida. Drilling for gas and oil in Florida's waters was not approved. A rise in gasoline prices will enhance the support for the drilling. She hoped any revival of the measure would be contained in the Gulf rather than the Atlantic coast of Florida. Gaming was also discussed during the session and revealed slots generated the most revenue. Slot machines located in dog and horse tracks were approved, but only for Dade and Broward Counties. The Palm Beach Kennel Club would not be entitled to the additional revenue. The economic impact of the 600 employees at the Club is significant to Palm Beach County. A highly controversial bill relating to growth management had positive and negative impacts for municipalities. Also considered were tax exemptions for affordable housing projects and mandates for counties to plan for public transportation and provide two-year extensions of 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 building permits retroactive to September 1, 2008 thru December 31, 2010. It did eliminate the DRI process and established den~e urban land areas that would be exempt from traffic concurrency . Senate Bill 216 prevents local government expenditure for election communications. Local government cannot advocate for a particular candidate and this has now been extended to any issue on the ballot. Any communication that would not. cost money would still be allowed. Monies spent to distribute educational information had been eliminated. The Constitutional amendments on the ballot will include a first-time homeowner's homestead exemption of 25% the first year, declining over five years. Another bill allows counties to levy a discretionary sales tax of up to 1% for emergency services. The money collected would be divided among all emergency services providers based on a formula. Participating governments would have to reduce their property taxes by the amount of the new sales tax. The freeze on Citizens' Insurance rates was also lifted with rates increasing 10% a year for as long as necessary to make the program statutorily sound. It will affect many homeowners. Ms. Brandenburg urged the Commission and citizens to suggest any input they may have on agenda items for the next legislative session. She was sensitive to the issue of balancing budgets. Mayor Taylor indicated Boynton Beach joined with the League of Cities opposing the passing of Bill 360. Ms. Brandenburg advised she had voted against the Bill also, but it had passed. Mayor Taylor expressed appreciation for the update and Ms. Brandenburg replied it was an honor to serve the City of Boynton Beach. She stressed citizen input as greatly appreciated. IV. PUBLIC AUDIENCE: INDMDUAL 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> Jeff Marabach, Treasurer of the San Raphael Condo Association, addressed the Commission in response to charges made by a resident of the community, Larry Gottfried, at a previous meeting. Serious slanderous comments were made by Mr. Gottfried. Mr. Marabach indicated while Mr. Gottfried was on the Board many of the directors had resigned due to Mr. Gottfried's irrational, abusive, delusional and unprofessional behavior. Mr. Gottfried has no monetary interest in the community. The representations of Mr. Gottfried were questionable including his credentials as an attorney. The many police reports filed by Mr. Gottfried would illustrate his mental status including allegations of an assault that did not occur. Mr. Marabach strongly disagreed with Mr. Gottfried's assertions relating to Sgt. Sheridan, the current president of the condo association. 4 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 Mayor Taylor interrupted that th~ Commission was well aware of Mr. Gottfried's remarks and concluded the dispute did not involve the City and advised Mr. Gottfri~d to seek legal couse!. Mr. Marabachapologized for the dispute and appreciated the Commission's understanding. Sean Dykes, announced he was starting a non-profit organization, I Am My Brother's Keeper, and his goal was to encourage young men in the area to make better choices. He felt partnering with any and all organizations would be helpful in leading young men into successful lifestyles. He wanted to serve th~ City of Boynton Beach and was committed to helping young men by learning the needs of the individuals and the City. The focus age group was 7 to 14, but he would help whoever needed attention. Commissioner Rodriguez directed Mr. Dykes to contact Stacey Robinson of the Youth Violence Prevention Program. Herb Suss, 1711 Woodfern Drive, mentioned the success of The Links and the recent designation as the Best Municipal Golf Course in Florida. Mr. Suss also commended the Water Department for their quick response to his home to fix a water leak and stressed the workers are unsung heroes of the City. No one else coming forward, Mayor Taylor closed the public audience. v. ADMINISTRATIVE: A. Accept the resignation of Paula Melley, Regular member of the Community Relations Board Motion Commissioner Weiland moved to accept the resignation of Paula Melley, as a regular member of the Community Relations Board. Vice Mayor Hay seconded the motion. The motion, passed unanimously. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II Hay Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2) III Rodriguez Bldg. Bel. of Adj. & Appeals Alt 1 yr term to 12/09 II Hay Cemetery Board Alt 1 yr term to 12/09 (Tabled 3) III Rodriguez Cemetery Board Reg 3 yr term to 12/09 Mayor Taylor Code Compliance Board AIt 1 yr term to 12/09 (Tabled 3) II Hay Education & Youth Advisory Board AIt 1 yr term to 12/09 (Tabled 2) III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 2) IV Ross Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 2) Mayor Taylor Library Board Alt 1 yr term to 12/09 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 IV Ross Recreation & Parks Board Alt 1 yr term to 12/09 Motion Commissioner Ross moved to appoint Thomas Gresh as an alternate member of the Recreation and Parks Board. Commissioner Weiland seconded the motion. The motion passed unanimously. III Rodriguez Senior Advisory Board AIt 1 yr term to 12/09 (Tabled 2) Motion Commissioner Rodriguez moved to appoint Jean Young as an alternate member of the Senior Advisory Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Commissioner Rodriguez moved to table all other appointments. Commissioner Ross seconded the motion. The motion passed unanimously. Commissioner Rodriguez inquired if any applications had been filed for the Community Redevelopment Agency Board and City Clerk Prainito advised none had been submitted. 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 Meeting of June 16, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Approve the purchase of an Emergency Traffic Signal through Palm Beach County Traffic Engineering Division for the construction and installation of a signaling device for Fire Station #4 at 1919 South Federal Highway for a price not to exceed $156,491.40 (includes a 20% contingency). Commissioner Rodriguez pulled Item VI.B.1 for discussion. C. Resolutions: 1. Proposed Resolution No. R09-089 Re: Authorize the execution of the reissuance of two Conditional Permit Agreements 6 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 between the Lake Worth Drainage District (LWDD) and the City of Boynton Beach in support of the City's construction of the new regional force main. 2. Proposed Resolution No. R09-090 Re: Requesting the assistance of Governor Crist and Florida Department of Transportation Secretary Kopelousos to prioritize the Intercity Rail Component of the FEC Corridor Project (from Jacksonville to Miami) as part of the Federal Economic Stimulus Package for the State of Florida. 3. Proposed Resolution No. R09-091 Re: Approving an interlocal agreement with the City of Delray to submit a joint application for the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment Act 2009 in the amount of $20,000,000. D. Authorize the use of $1,000 of Community Investment Funds from Vice Mayor Hay for the Museum of Lifestyle & Fashion History. (Tabled on June 16,2009) Commissioner Weiland pulled Item VI.D. for discussion. E. Authorize the use of $750 of Community Investment Funds from Commissioner Ross for the Museum of lifestyle & Fashion History. (Tabled on June 16, 2009) Commissioner Weiland pulled Item VI.E. for discussion. F. Approve the return of a performance bond in the amount of $283,883 for the construction of the Boynton Beach Mall - Muvico Theater facility. G. Approve the second reduction of a performance bond in the amount of $667,575.98 for Boynton Town Center and Boynton Village from $3,465,665.63 to $2,798,089.65. H. Accept the Recreation and Parks Department monthly report of major projects. I. Approve the recommendations of the Community Development Block Grant Review Committee for funding activities in preparation of the City of ~oynton Beach's One-Year Action Plan for FY 2009/2010. The 2009/2010 allocation is $529.1857. J. Accept the "Analysis of Revenues & Expenditures (General Fund & Utility Fund) for the eight months ended May 31, 2009. K. Approve reimbursement of $750 to Commissioner Rodriguez for participation in 2010 Leadership Palm Beach Program 7 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 Vice Mayor Hay pulled Item VI. K for discussion. L. Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund to support the ongoing programs of the Education & Youth Advisory Board. Commissioner Ross pulled Item VI.L for discussion. M. Authorize Mayor Taylor to attend the Florida League of Cities 83rd . Annual Conference, August 13-15, 2009 at World Center Marriott, Orlando, FL. for a total cost of $827.87. Motion Commissioner Weiland moved to approve those items not pulled for discussion. Vice Mayor Hay seconded the motion. The motion passed unanimously. VI.B.1 Approve the purchase of an Emergency Traffic Signal through Palm Beach County Traffic Engineering Division for the construction and installation of a signaling device for Fire Station #4 at 1919 South Federal Highway for a price not to exceed $156,491.40 (includes a 20% contingency). Commissioner Rodriguez noted the station had been built in 2005 and questioned the delay in getting the signal installed. Mr. 'Bressner explained it was permitting issues on the State and County levels that created the extended delay. It was not lack of diligence on the part of the Fire Department, Building Department or City Manager's office. Motion Commissioner Rodriguez moved to approve Item VI.B.l. Vice Mayor Hay seconded the motion. The motion passed unanimously.: VI.D. Authorize the use of $1,000 of Community Investment Funds from Vice Mayor Hay for the Museum of lifestyle & Fashion History. (Tabled on June 16, 2009) VI.E. Authorize the use of $750 of Community Investment Funds from Commissioner Ross for the Museum of Lifestyle & Fashion History. (Tabled on June 16, 2009) Motion Commissioner Weiland moved to remove Items VI.D. and VI.E from the table. Vice Mayor Hay seconded the motion. The motion passed unanimously. Attorney Cherof indicated he had investigated a story regarding the realtor, Charlotte Durante, and alleged use of funds she had collected to acquire property under the name of Museum of Lifestyle & Fashion. It was supposedly a real estate complaint and the association had no 8 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 ongoing investigation into any complaint. The State Attorney would not indicate whether there was or was not an active investigation underway. No other information was available. Motion Commissioner Hay requested to move Item VI.D forward and moved to approve Item D. Commissioner Rodriguez seconded the motion. The motion passed unanimously. , Commissioner Ross inquired if more information would be available in the future. If charges were filed by the State Attorney's office, that information would then be made public. Motion Commissioner Ross moved to remove Item VI.E from the agenda. Commissioner Rodriguez seconded the motion. Vice Mayor Hay asked for the relationship of Charlotte Durante to the Museum other than mother of the owner and Attorney Cherof indicated she was the registered agent for the Corporation, President and Director. The motion passed 4-1. (Wee Mayor Hay dissenting). VI.K Approve reimbursement of $750 to Commissioner Rodriguez for participation in 2010 Leadership Palm Beach Program Vice Mayor Hay asked about the benefit to the City and the list of qualifications for the members. Mr. Bressner, being a graduate of the Program, explained it was competitive and 45 private sector, public sector and non-profit individuals are accepted. It gives a full review of all aspects that are political, social, environmental, educational, historical and general information regarding Palm Beach County. Boynton Beach is a major stakeholder in the County and region and having representation would be beneficial to the City and community. Mr. Bressner encouraged as many elected officials as possible to participate in the program. Money had been budgeted for the participation. Commissioner Rodriguez competed to be a member of the class. Mayor Taylor agreed the class was very informative with a diverse membership. Motion Vice Mayor Hay moved to approve Item VI.K. Commissioner Ross seconded the motion. The motion passed unanimously. VI.L Authorize the use of $1,000 from Vice Mayor Hay's Community Investment Fund to support the ongoing programs of the Education & Youth Advisory Board. Commissioner Ross advised she had pulled the item because she wanted to also allocate $750. 9 " Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 Motion Commissioner Weiland moved to approve Item L. as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE It LEGAL SETTLEMENTS: None VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION None IX. CITY MANAGER'S REPORT: A. Report on Utilities CIP Non-Bonded Projects (prioritized). Kofi Boateng, Director of Utilities, recalled the Commission had suggested rolling back the increase in user rates by deferring some capital improvement projects. He explained there are three funds; 406, 404 and 403 to support groups of projects. The portion of the funds allocated to funding the debt service on the bonds has been committed. Projects funded under the 404 account are designed to add capacity to the water and wastewater system that are driven by the capacity charges with no bearing on the user rates. Only the 403 funds that support the capital projects could be used to reduce the rates. Some of the funds have already been designated for transfer to the General Fund. Mr. Bressner further explained that the funds collected from developers are for enhanced capacity and must be used for expansion. The other funds are bond proceeds and there is a requirement to pay the debt service on those bonds and future bonds, using rate-payer funds. The funds for repair and replacement are in general operating funds that can be used to reach the 7% decrease in the rate. Monies from a bond fund can be used for repair and replacement projects. Commissioner Weiland appreciated the efforts of the City Manager to reduce the rate. Vice Mayor Hay inquired if the balances in the various funds were monitored by the Utilities Department. Mr. Boateng advised the Utilities and Finance Departments would be scrutinizing the funds more closely in the future. Vice Mayor Hay also requested clarification on the $227,000 proposed for security issues. Plant security originated after 9/11 when utilities were mandated to develop programs _to protect against terrorism. The allocation was a ore time expense with perhaps some additional maintenance expenses in the future. B. Update on the four budget models submitted to the Commission 10 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 (Earlier added to the agenda at the request of Commissioner Weiland) Mr. Bressner indicated the updated information was distributed based on July 1st property data received, available ~anitation funds and changes in the millage rate based on new property value information. The monies available in the Solid Waste Fund were the major change. He cautioned the City was in the secOnd year of a four-year financial crisis, predicting next year will be a challenge. The Commission' favored and staff sought to maintain the level of services and use as little as posSible from the reserves. The funds from the sanitation monies helped to achieve those goals. A salary freeze has been initiated, but the preliminary models included a 3% salary cut and some benefit cutbacks. Only one of the options now includes a 20k salary cut for all staff and some benefits. Collective bargaining agreements must be negotiated for any change involving salary cuts. Mr. Bressner noted the receipt of the COP grant also impacts budget projections relating to the 15 police officers involved. One model maintains the current millage rate requiring 22 staff cutbacks and a 2% salary cut across the board. Commissioner Ross noted the Commission would be deciding the positions or programs to be eliminated. Mr. Bressner advised there was not consensus among the Commission on the issue of layoffs. Three out of four options contained a revision to the property tax rate. Commissioner Rodriguez questioned why the monies recently found to assist in the budget preparation were not discovered earlier and if those can be found, maybe others could be found. Commissioner Weiland indicated he had been requesting information for several months and it was the responsibility of the Commission and City Manager to spend the taxpayers' dollars as wisely as possible. . Commissioner Ross wanted clarification that debt service for the new police facility was included in all budget models. Mr. Bressner responded direction to go forward with the RfP was approved. It could be eliminated during the budget hearings. The boundless playground has also been eliminated in three of the four budget models. X. FUTURE AGENDA ITEMS: A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,SOOjSQ1(c)(3) Discussion. (Proposed Resolution No. R09-073) (Tabled to Budget Workshop) XI. NEW BUSINESS: None XII. LEGAL: 11 Meeting Minutes Regular City Commission Boynton Beach, FL . July 7, 2009 A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. Proposed Ordinance No. 09-003 Re: Approving a request to annex the properties. (Sam's Club ANEX 09-001) (Tabled on June 2, 2009) 2. Proposed Ordinance No. 09-004 Re: Approving a request to annex the properties. (Northstar ANEX 09-001) (Tabled on June 2, 2009) 3. Proposed Ordinance No. 09-005 Re: Amending the Comprehensive Plan Future Land use Map classification on :t:41.19 acres of land from Commercial High (CHIS) and Institutional (Palm Beach County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002) (Tabled on June 2, 2009) 4. Proposed Ordinance No. 09-006 Re: Amending the Comprehensive Plan Future Land use Map classification on :t:41.49 acres of land from Commercial High (CHIS) and Institutional (Palm Beach County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002) (Tabled on June 2, 2009) 5. Proposed Ordinance No. 09-007 Re: Approving the rezoning from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. (Sam's Club LUAR 09-002) (Tabled on June 2, 2009) 6. Proposed Ordinance No. 09-008 Re: Approving the rezoning from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled on June 2, 2009) 7. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification on :t:13.66 acres of land from Medium Density Residential to Industrial. (New Urban High Ridge LUAR 09-001) (Tabled on June 2, 2009) 8. Proposed Ordinance No. 09-010 Re: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-l Industrial District. (New Urban High Ridge LUAR 09-001) (Tabled on June 2, 2009) 9. Proposed Ordinance No. 09-026 Re: Amending the Land Development Regulations, Chapter 2, Zoning to create a waiver process 12 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 for minimum setbacks associated with ancillary fueling centers with Planned Commercial Development (PCD) zoning districts annexed into the City. (Tabled on June 2, 2009) 10. Proposed Ordinance No. 09-027 Re: Amending the Land Development Regulations, Chapter 2, Zoning to allow Funeral Homes with Cemetery in the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres. (Tabled on June 2, 2009) . Mayor Taylor commented it was the third time the items had been tabled and felt some finality should be forthcoming. Attorney Cherof advised Items XII. 7, 8, 9 and 10 would also need to be tabled. Motion Vice Mayor Hay moved to table. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 11. Proposed Ordinance No. 09-031 Re: Rezoning from Planned Unit Development (PUD) to the Single and Two-Family Dwelling (R-2) zoning district. (Imagine Charter School at Boynton Beach (REZN 09-002) Attorney Cherof read proposed Ordinance No. 09-031 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 Ross moved to approve Proposed Ordinance No. 09-031 for the Imagine Charter School at Boynton Beach. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING None C. Ordinances - 1st Reading None 13 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 D. Resolutions: 1. Proposed Resolution No. R09-084 Re: Approving and authorizing execution of an Annexation Agreement between the City of Boynton Beach and Northstar Palm Beach, LLC regarding annexation of Northstar Palm Beach Property into the City boundary. (Tabled on June 2, 2009) 2. Proposed Resolution No. R09-085 Re: Approving and authorizing execution of an Annexation Agreement between the City of Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal- Mart Stores C'Sam's Club") property into the City boundary. (Tabled on June 2, 2009) E. Other: 1. Authorize the City Attorney's Office to file a lawsuit to foreclose on Code Enforcement Liens totaling $508,336.48 as of June 15, 2009 held by the City on real property owned by Gail Luchey and Andrew Luchey, located at 124 NW 10th Avenue, Boynton Beach, Florida. Motion Commissioner Weiland moved to approve item XII.E.l. Vice Mayor Hay seconded the motion. Commissioner Rodriguez inquired about the criteria for filing a suit and why the two cases listed were selected. Attorney Cherof contended the properties were important because of their location and interest to the Community Redevelopment Agency. The location at the corner of Seacrest and Martin Luther King Boulevard is critical for the CRA. A policy could be established for the criteria in these cases to proceed. Vice Mayor Hay noted the properties were an eyesore with undesirable activities ongoing. There would be little or no impact on the budget for the properties. The motion passed unanimously. 2. Authorize the City Attorney's Office to file a lawsuit to foreclose on a Code Enforcement Lien totaling $1,584.12 in addition to a prior lien recorded on the property as previously owned by Essie Mays in the amount of $167,834.12 as of June 15, 2009 held by the City on real property owned by Jerry L. Brandom and Melody A. Brandom located at 112 NW 10th Avenue, Boynton Beach, Florida. 14 Meeting Minutes Regular City Commission Boynton Beach, FL July 7, 2009 Motion Vice Mayor Hay moved to approve. Commissioner Weiland seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taytor properly adjourned the meeting at 8:15 p.m. CITY OF BOYNTON BEACH ~~/~ ~rry Ta,/or, 'M or i./ /' ~ ROdJ~ ;e, Woodrow L. Hay, Commissi -~ ATTEST: Marlene Ross, Commissioner 15