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Minutes 03-02-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE .. COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MARCH 2, 2010 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ron Weiland, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Absent: Jose Rodriguez, Commissioner 1. OPENINGS A Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:32 p.m. An invocation was given by Vice Mayor Hay. The Pledge of Allegiance to the Flag was led by Mayor Taylor. Commissioner Rodriguez had reported he was in Jupiter and would not be able to attend the meeting. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof reported Item 10.E, the towing rotation franchise agreement, needed to be tabled to allow time for further research. Vice Mayor Hay requested to add recognition of the Girls' Cheerleading Teams. Mayor Taylor declared it would be added under Section 3, Announcements, Community and Special Events and Presentations. Mayor Taylor announced Item B.2 in Section 10 would need to be tabled for further clarification. 2. Adoption 1 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A Informational Items by Members of the City Commission Commissioner Ross reported she had attended an interfaith service at Atlantic High School in Delray Beach led by the Principal of Toussaint L'Ouverture School in memory of all those deceased in Haiti. Commissioner Weiland had attended the opening day for the Little League Program. It was well attended and he looked forward to watching the upcoming games. Vice Mayor Hay thanked all the candidates who attended the forum at St. John Missionary Baptist Church. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Mayor Taylor called all the cheerleaders to come forward. Mary DeGraffenreidt, Senior Manager in the Recreation and Parks Department introduced the City of Boynton Beach All Star Cheerleaders. In 2009 they competed on regional, state, national and world levels to place 8th in the world in their division. The volunteer coaches were present and also introduced. The mini team and senior teams were represented. The coaches volunteer their time to mentor the youth. The goal was to have some of the teens qualify for college scholarships. Wally Majors. Recreation and Parks Director, recognized Ms. DeGraffenreidt for all her efforts in addition to her responsibility for the Senior Center, Hester Center, Sims Center and the transportation section. She also manages the Youth Violence Prevention Program. The cheerleading program was started by Ms. DeGraffenreidt. Mr. Bressner gave each of the cheerleaders a City of Boynton Beach lapel pin to wear during competitions. The teams had performed during the Heritage Fest and Vice Mayor Hay commented he was very impressed with their talent. He urged all of the participants, coaches and parents to keep up the good work. Mayor Taylor announced there were two items to be added to the agenda. One was a proclamation for Red Cross month and the other a Library Board appointment. 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 2,2010 Motion Commissioner Ross moved to add the two items. Vice Mayor Hay seconded the motion. The motion passed unanimously. A Permit brief presentation by Pedro Guilarte, Census Bureau Partnership Specialist Mr. Guilarte gave an update on the upcoming census. He thanked the City for their assistance, especially by promoting the importance of being counted. It is the main driver for federal funding coming into the City. In the State of Florida, over $2,000 per person returns to the State and local governments through federal dollars. Mr. Guilarte indicated 63% of Boynton Beach residents returned the forms by mail and 37% were counted door-to-door. The questions are totally confidential. The goal was a 5% increase in mail returns and work toward the 70% benchmark. In Palm Beach County, approximately 4,000 jobs would be created for the census and 500 to 600 of those positions would be filled with Boynton Beach residents. Mr. Guilarte urged the Commission to assist with training site locations. One week of training would be required for each employee. Mayor Taylor advised the City would be fully cooperative. B. Present Proclamation to Boynton Beach Firefighters in appreciation of their work on behalf of the Muscular Dystrophy Association Mayor Taylor proclaimed the month of March as Boynton Beach Firefighters Appreciation Month in conjunction with the Muscular Dystrophy Association (MDA). The proclamation was presented to Chief Bill Bingham. Chief Bingham thanked the Commission for their continued support and indicated the boot drive would be ongoing throughout the month of March with a goal of $35,000 to be collected for the fight against Muscular Dystrophy. Brandy Miller and Helga Moya were present on behalf of MDA. Ms. Miller thanked the City and Commission for their continued support. All the monies raised by firefighters stay locally and assist in providing flu shots, leg braces, communication devices. wheelchairs and an array of services. Research continues to find a cure. Ms. Miller presented certificates to each of the Commissioners and Chief Bingham. Mayor Taylor proclaimed March as Red Cross Month and presented the proclamation to a local representative of the Greater Palm Beach Area Chapter of the American Red Cross. Essential services are provided to those in need on a daily basis including educational classes. Mayor Taylor vouched for the aid given by the Red Cross to those in the militarY. Information on the services offered can be obtained at either of the Red Cross offices in West Palm Beach or Boca Raton. 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 C. Announcing the upcoming Movies on the Ave. event. Kathy Biscuiti, Special Events Director, announced the Movies on the Avenue to be held on Friday, March 5, 2010, showing My Life in Ruins. The event was free with ample parking in the area. No pets would be allowed. D. Announcement of the upcoming Ocean Avenue Concert. On March 19th would be another in a series of Ocean Avenue concerts featuring Sundown, a country band. It would be held from 6 p.m. to 9 p.m. at the Ocean Avenue amphitheater next to the Children's Schoolhouse Museum. Food and drink vendors would be onsite and no pets were allowed. Ms. Biscuiti urged everyone to attend. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> Mark Karageorge, 240A Main Boulevard, announced the Community Caring Center's Hunger Walk on Sunday, March 7, 2010 from 2 p.m. to 3 p.m. commencing at the Children's Schoolhouse Museum. He urged everyone to attend and bring some canned goods for the food pantry to help those in need. Gary Davis, 13015 N 42nd Road in Royal Palm Beach, advised he taught the Art of Film Making at the Sims Center for the Youth Violence Prevention Program and kids at-risk. He reported great progress was being made and the Boynton Cinema had shown the student's film relating to a recent trip two students took to Africa. The students had done the videotaping, editing and added music. The film was also supported by Channel 5. He offered his students for any interviews or filming that may be needed. He was working with the school district and WXEL to give the kids even more opportunities. The kids need positive role models and feedback. Mayor Taylor thanked Mr. Davis for the update. Mr. Bressner suggested some of the productions could be broadcast on BBTV Channel 18. Don Scantlan. 13 Cedar Circle, spoke as a representative of the Workforce Alliance and Gulfstream Goodwill Industries. Workforce Alliance had a young adults program for out-of-school kids or young adults. It is a three month program with eight weeks of internships with employers throughout the County. It worked with the youth on their resumes, work skills, career counseling and interview skills. Another program was with Goodwill that helps youth build career plans and skills to prepare for school completion, post secondary training and productive work by providing structured and supportive relationships with trusted, adult mentors. It targets youth between 12 -17 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 years of age and at-risk for dropping out of school and delinquency issues including gang membership. The program needs both participants and mentors. Victor Norfus, 26 N. Palm Drive, praised the Heritage Celebration and the many participants, There was a need expressed for more activities to be held on Martin Luther King Boulevard and perhaps the Ocean Concert series could be held there. Willie Aikens, 726 NE 1st Street, gave greetings from the Heart of Boynton and gave praise for the Heritage Celebration. He thanked the Commission and CRA members for their support. He praised Mary DeGraffenreidt and all the City staff who assisted. Herb Suss, 1711 Woodfern Drive, indicated the Preserve development, that was partially funded by the Community Redevelopment Agency, had also been determined to have defective drywall. He was concerned for the residents and hoped some resolution could be found. He question if perhaps the Promenade also had defective drywall. Mayor Taylor remarked the matter would be between the developer and the investigating agency. The City would have no responsibility. Lisa Bright, Executive Director of the eRA, clarified the CRA was not a financial partner in the Preserve project. The CRA had assisted with home subsidy programs. The Board is aware of the allegation. but there was no confirmation that it was Chinese drywall. It would not be a Community Redevelopment Agency Board issue. No one else coming forward, Mayor Taylor closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of William Orlove, a regular member of the Recreation and Parks Board. Motion Commissioner Weiland moved to accept the resignation of Bill Orlove from the Recreation and Parks Board. Commissioner Ross seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Taylor noted there were no applicants for the Building Board of Adjustment and Appeals or Cemetery Board. Commissioner Weiland. commented he had spoken to Doris Jackson of the Community Relations Board and agreed he would move her up from an alternate to a 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 regular appointment. Commissioner Weiland apologized as he had also committed to appoint Sanford Mayer as a regular member of the Community Relations Board. Motion Commissioner Weiland appointed Sanford Mayer as a regular member of the Community Relations Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to move up Valerie Pleasanton from an alternate member to a regular member of the Library Board. Commissioner Ross seconded that motion. The motion passed unanimously. Motion Commissioner Weiland moved to table all remaining appointments. Vice Mayor Hay seconded the motion. The motion passed unanimously. Herb Suss, 1711 Woodfern Drive, reiterated his request that the Commission consider allowing citizens to sit on two boards. Mr. Bressner advised staff was still researching the history of board appointments and past discussions on the same issue. Vice Mayor Hay restated his position that a citizen should be allowed to serve on no more than two boards. He was awaiting staffs input. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on February 2, 2010 and the Special Meeting held on February 9,2010. Mayor Taylor pulled Item 6.A for discussion. B. No action is requested. This item is informational for the purposes of updating the Commission regarding the implementation of Ordinance No. 09-040 and the vendor hired to administer the vacant property registration program. The goal of program is to provide more efficient management of vacant properties In the City. 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 Motion Commissioner Ross moved to approve the Consent Agenda with the exception of Item 6.A. The motion was seconded and passed unanimously. 6.A. Approve the Minutes from the City Commission meeting held on February 2, 2010 and the Special Meeting held on February 9,2010. Patricia O'Conner, 2111 SW Lake Circle Drive, expressed concern regarding the notice of the special meeting. There was no notice on the City web page of the special meeting.. Janet Prainito, City Clerk, advised special notices are placed in the boxes out front of City Hall. There have been occasions where special meetings have been placed on the web site, but meetings with short notices are placed in the boxes out front of City Hall entrances. Mr. Bressner added the posting would have met the statutory requirements. Posting on the web page is not a legal requirement. It is a convenience. Ms. O'Conner felt it should be made a standard practice to also post notices on the web page. She also requested the audio version of the meeting be posted on the web page and Mr. Bressner agreed it would be posted. Motion Vice Mayor Hay moved to approve Consent Agenda Item 6.A. Commissioner Weiland seconded the motion. The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-026 Amend the FY 2009-2010 budget to adjust budgeted appropriations to (1) provide revised spending authority for Capital Improvement Projects carried over from both encumbered and unexpended funds budgeted in FY 2008-2009, (2) transfer funds from the Parks & Recreation Facilities Fund to provide funding for specific projects and (3) reduce the General Fund (Police Department) ARRA funding of eight (8) Police Officers and an Energy Block Grant that require funding and spending in a separate Grant Fund under Federal regulations. Mr. Bressner explained the Resolution had been amended to exclude the expenses for the police facility and was before the Commission for approval. Barry Atwood, Director of Finance, added the resolution appropriates the necessary funds for the amendments for the current year. The decision to defer the police facility reduces the request by $410,000. Motion Commissioner Ross moved to approve Resolution No. R10-026. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R10-028 -- Staff recommends approval of the following: 1. Authorize the submission of an amendment to the Department of Housing and Urban Development (HUD) to the 2008 Application and Substantial Amendment to the Neighborhood Stabilization Program (NSP) regarding the $400,000 that was allocated to the Community Redevelopment Agency (CRA) for the purpose providing financial subsidies for the development known as The Ocean Breeze Project. This allocation will be re-programmed to facilitate the acquisition and rehabilitation activities allqwed under the grant. Octavia Sherrod, Community Development Manager, requested approval to designate the local non-profits as facilitators for the Neighborhood Stabilization Program. It is an effort to expedite the program because certain rules and regulations are less stringent for non-profit developers or sub-recipients than they are for the City. Many federal regulations have changed to accommodate the program. Commissioner Weiland inquired how much of the funds have been used for foreclosures. Ms. Sherrod replied no properties had been purchased. Her department would be responsible, but would work with the non-profit organizations. The day-to- day duties of searching for the homes, meeting with the applicants, would be done by the Community Development Centers (CDC). Mr. Bressner stressed it was not City- 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 wide. Ms. Sherrod pointed out it was in the northeast and northwest quadrants of the City. Commissioner Weiland could not support a program that was not City-wide. Ms. Sherrod further explained the Commission had requested initially that the program be City-wide. The application was sent to HUD and it was rejected. The reason for the rejection was the areas of greatest concern in 2008 had to be chosen and the northeast and northwest had the highest foreclosure rate, highest risk of increasing foreclosure and had the highest number of predatory loans. The entire application process was resubmitted following the specific direction of the HUD. Commissioner Weiland requested another map be prepared showing the foreclosure numbers. Ms. Sherrod stressed the terms and conditions of the program related to the conditions at that time, 2008. There was a second NSP application filed with the City of Delray that was not awarded and it was City-wide. Mr. Greene, Development Director, agreed to supply the map and information. He did point out that the Miami office of HUD directed $2.5 million of the grant received should be under contract no later than September 30, 2010. Vice Mayor Hay understood the City had to abide by the rules of HUD or forfeit receipt of the monies. Vice Mayor Hay and Commissioner Ross wanted to move the project along. Mr. Bressner added joint ventures with Community Development Corporations have been very successful in the State. Mayor Taylor asked if the monies would be divided equally between the Faith Based CDC and R. M. Lee CDC. Ms. Sherrod noted the two were currently working on a merger to become one Community Development Corporation. Commissioner Weiland inquired how much of the funding would go to the employees of the CDC that will not be helping the citizens. Ms. Sherrod replied the CDC would charge a fee for the services they render as part of project costs. It would be a standard fee. The final agreement would come back to the Commission for approval and the fees to be charged would be listed. Commissioner Weiland suggested staff administer the program rather than incur costs that could go towards future acquisitions. Mr. Greene added, to acquire the properties, the normal procurement process had to be followed and it could not be done within the time frame that HUD was mandating. The CDCs are being used to expedite the process. Commissioner Weiland suggested allowing developers to clean up the properties and flip them, would also solve the issue. Mr. Greene stressed the City could not conclude their process within the time period a private citizen could. The grant money would not be spent. Vice Mayor Hay commented this was an opportunity for the City to move in the right direction in that area. He wanted to be sure previous delays were not going to reoccur. Commissioner Weiland contended he was simply trying to spend the grant money as wisely as possible. Vice Mayor Hay supported the request so the funding 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 would not be lost. Mayor Taylor stressed it would come back before the Commission with the correct figures. Motion Vice Mayor Hay moved to approve Proposed Resolution R 10-028. Commissioner Ross seconded the motion. The motion passed 3-1 (Commissioner Weiland dissenting), 2. Amend the 2009/10 Community Development Block Grant (CDBG) Sub- recipient contract agreement between The City of Boynton Beach and the Boynton Beach Faith Based CDC and R M Lee Community Development Center to designate them as the developer under the City of Boynton Beach's Neighborhood Stabilization Program. (This matter was previously tabled.) C. PROPOSED RESOLUTION NO. R10-029 -- Approve a revised tri-party Interlocal Agreement for the exchange of land between the City of Boynton Beach, the School Board of Palm Beach County and Palm Beach County for the modernization of Galaxy Elementary School. Lori LaVerriere, Assistant City Manager, recalled the interlocal agreement was brought before the Commission in January, 2010 to assist the School District and allow the City to save Galaxy Elementary. The plan was to swap out Galaxy Park and build a new park on the north side of the new school. Various ideas were brought before the School District to help promote saving the school with a cost savings of $180,000. The plan has been approved by the School District and the County. Motion Vice Mayor Hay moved to approve Resolution No. R10-029. Commissioner Ross seconded the motion. The motion passed unanimously. D. Notification of staffs intent to reject all fourteen bids received for the Seacrest Boulevard Roadway Improvements project and re-advertise for bids pending final authorization from FHWAlFDOT. Jeff Livergood, Director of Public Works and Engineering, recalled in 2009 the City had received approximately $2 million of American Recovery and Reinvestment Act monies or stimulus funding. The monies were received to construct a project on Seacrest from Ocean Avenue to the C-16 canal to replace medians, extensive landscaping and new street lighting resulting in better access control from the side streets. Bids were opened on February 8th and the first four low bidders did not supply the required documents. The City worked with the Florida Department of 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 Transportation (FDOT) and the Federal Highway Association (FHWA) to reject all bids and re-bid. Attorney Cherof advised the City would follow the procedures set forth in the bid documents and guidelines required to get federal funding and the proper notices had been sent. Mayor Taylor clarified the item was informational and no action by the Commission was required. E. TIME CERTAIN TO BE HEARD AT 7:00 PM - Staff seeks authorization to move forward with issuance of an RFP for Towing Rotation Franchise Agreement. (TABLED from 2/16/10) F. Authorization to provide South Florida Water Management District (SFWMD) with amended Phase I and Phase II Water Reuse Priority List and to authorize engineering work for Lawrence Rd. Re-Use Line Mr. Bressner advised staff had been working with the Hunters Run CMO regarding their conversion to reuse water. The South Florida Water Management District had requested all of Hunters Run convert to reuse water. Hunters Run determined the cost was prohibitive and there would be internal inequities if some areas utilized reuse water while others did not and yet, all homeowners would be assessed a share of the cost to convert. There would also be no financial assistance from the South Florida Water Management District. Staff determined Cypress Creek Golf Course on Military Trail, in the service area, could utilize most of the allocation previously set for Hunters Run. Mr. Bressner requested the Commission authorize changing the reuse schedule to relocate Hunters Run to the bottom of Phase I for 2016 or as a future user to 2017 and beyond. There was consensus to move Hunter Runs to the bottom of Phase I for 2016. Another request was to authorize staff to move forward with the engineering services to proceed with the Lawrence Road reuse line north to the C-16 canal and then travel west to the Cypress Creek system. There was consensus to move forward with the reuse line up Lawrence Road to Cypress Creek Golf Course. ML Bressner thanked Mayor Taylor for his work and efforts as Mayor. 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 11. FUTURE AGENDA ITEMS A. Review of application packet and process for CRA appointments. City Commission is asked to review the application materials and selection process for appointment of a seven-member Community Redevelopment Board. The timeline for the appointment of the CRA Board per Ordinance 09- 030 is subject to the discretion of the City Commission. (Tabled to April 2010). B. Review of Renovation Plan for Old Boynton Beach High School submitted to the City Commission on December 15, 2009. (Tabled to April 2010) 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations to allow Adult Arcade use in the C-2 (Neighborhood Commercial) zoning district, and provide staff with direction as to whether or not to proceed with processing said code review amendment. Ed Breese, Principal Planner, explained the request and indicated it was prompted by a potential tenant that wanted to operate an adult arcade on property zoned C-2 (Neighborhood Commercial). Adult arcade is defined by the statute, "as any place or premise catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six amusements games or machines which operate by the means of insertion of a coin and which by means the skill may entitle the person to play or operate the game to receive points or coupons that may be exchanged for merchandise only, excluding cash and alcoholic beverages, providing the cost value of the merchandise or prize awarded in exchanged for said points or coupons do not exceed $.75 on any game played." Mr. Breese noted adult arcades are currently allowed in C-3 (Community Commercial) or C-4 (General Commercial) and the Planned Commercial Districts under the heading of indoor recreational facilities. The existing arcades have not had above average calls for service by the Police Department. Staff recommended the use be allowed in C-2 zoning districts as a conditional use so any impact can be evaluated on an individual basis and additional conditions implemented. if necessary. Also, the use should only be allowed on properties abutting arterial roadways and in multi-tenant areas. Commissioner Weiland noted it would not be high-end gambling and the established arcades seem to cater to senior citizens. There was consensus to allow staff to proceed as a conditional use. 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 2, 2010 13. LEGAL None 14. UNFINISHED BUSINESS None' 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:04 p.m. CITY F BOYNTON BEACH i or ATTEST: 13