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Minutes 05-04-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MAY 4, 2010 Present: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherot, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge ot Allegiance to the Flag led by Commissioner Woodrow Hay Mayor Rodriguez called the meeting to order at 6:32 pm. Commissioner Orlove gave the invocation. Commissioner Hay led the Pledge ot Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mr. Bressner advised the second reading ot the Ordinance tor the Financial Advisory Committee should be added to agenda since it was noticed per statute. It was added as 13. Legal. B. Attorney Cherot added it was Proposed Ordinance 10-009. 2. Adoption Motion Commissioner Holzman moved to adopt the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Intormationalltems by Members ot the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4,2010 Commissioner Holzman advised he had attended the tundraiser tor the Boynton Beach Fishing Academy and hoped the event was successtul in generating tunds to continue the program. Commissioner Hay remarked he attended the proposed re-designed plan meeting tor the Sara Sims Park and a combination ot the plans presented was accepted by those in attendance. Commissioner Hay had also attended the AI DeMarco memorial services. Mr. DeMarco had contributed and touched many lives in the City ot Boynton Beach including Commissioner Hay who spoke on behalt ot the City. Commissioner Hay had also attended the INCA picnic that was well attended and input trom the citizens was garnered. Vice Mayor Ross announced she had visited the Florida Career College and Mayor Rodriguez had been present tor the ribbon cutting ceremony. She mentioned the Interlocal Service Boundary Agreement meeting that was held and ot interest to many people and municipalities. Vice Mayor Ross announced Lisa Bright, Executive Director ot the Community Redevelopment Agency (CRA), was recognized by Florida Trend magazine as a "must-know" contact in Florida and congratulated her on the accomplishment. Commissioner Orlove had attended the INCA picnic with the Mayor and Commissioner Hay and the Sara Sims Park presentation. Commissioner Orlove, along with Vice Mayor Ross had attended the Sandsifters monthly beach cleaning which included a presentation by County Commissioner Steve Abrams tor the Sandsifters' six years ot service to the citizens and City. He had also attended the Intergovernmental Coordination Program meeting where the State legislation regarding pill mills was discussed. Further discussion and guidance tor the municipalities would be on the July agenda. Mayor Rodriguez noted he had attended the Fishing Academy Fundraiser, Florida Career College grand opening, INCA picnic, Interlocal Service Boundary meeting and attended an intormational meeting with the Marina tenants. He also indicated the City Manager had brought the possible impact ot the oil spill crisis to the County's attention and they tormed a Deep Water Horizons Planning Task Force to develop a County specitic contingency plan to address mitigation, response and recovery operations, it an issue arises to be prepared. Mayor Rodriguez thanked all the Commissioners tor being active in the community with the citizens. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement ot the upcoming Movies on the Ave. event 2 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 B. Announcement ot the upcoming Ocean Avenue Concert Kathy Biscuiti, Special Events Director, announced the showing ot the movie UP, an animated movie that had won Oscars and the Golden Globe awards. It would be shown on May ih at the Ocean Avenue Amphitheater commencing at 8 p.m. May 21,2010 would be the last Ocean Avenue Concert teaturing True Justice a rhythm and blues band starting at 6 pm to 9 pm at the Ocean Avenue Amphitheater. Food and drink vendors would be available. No pets were permitted. C. Present a Proclamation tor National Public Works Week - May 16 - 22, 2010 The week ot May 16 - 22, 2010 was proclaimed National Public Works Week with the theme ot Public Works - Above, Below and All Around You. The Proclamation was presented to Jeff Livergood, Director ot Public Works and Engineering. Mayor Rodriguez expressed his appreciation to Mr. Livergood tor the work he does. Mr. Livergood stressed the proclamation related to Public Works as a protession. He reviewed the many areas encompassed by Public Works that are essential parts ot everybody's daily lives that should be appreciated by all. D. Present a Proclamation tor Mental Health Month to members ot the Boynton Beach Mental Health Initiative Mayor Rodriguez read the Proclamation tor Mental Health Month and presented it to the co-tounders ot the Boynton Beach Mental Health Initiative. They related their own stories ot coping with mental illness within their tamilies and sought support to educate others on the issues and solutions in coping with mental illnesses. E. Announcement ot the 2010 Mayor's Challenge Commit 2B Fit 3K Walk Wayne Segal, Public Affairs Director, announced on May 8, 2010, a 3K Walk would be held in recognition ot the Mayor's challenge, Commit 2B Fit to make Boynton Beach a healthier, more vibrant community. The walk would begin at the Museum on Ocean Avenue at 8 am. Mayor Rodriguez expressed his appreciation tor organizing the walk and noted the cost ot the walk would be tunded by local businesses who contributed to cover any expenses. F. Present a Proclamation designating Mayas Water Satety Month and receive a short presentation about programs and activities at the John Denson Pool Mayor Rodriguez proclaimed Mayas Water Satety Month and recognized the accomplishments ot the programs and swim teams trom the John Denson Pool at the Wilson Center. Wally Majors, Director ot Recreation and Parks, shared some ot the 3 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 exciting events and accomplishments ot the swimmers (Boynton Beach Blazers) trom the pool that reopened in 2008. Some ot the programs and attendance numbers were reviewed all due to the efforts ot an outstanding staff. Mr. Majors asserted the City and his Department should be very proud ot the broad and diverse group ot people being served by the pool and staff. He especially thanked Susie Peccerelli and her staff under the supervision ot Mary DeGraffenreidt and recognized the Boynton Blazer swim team. G. Permit presentation ot National Day ot Prayer Proclamation The National Day ot Prayer Proclamation was read by Mayor Rodriguez recognizing May 6th as the National Day ot Prayer and presented it to Rev. Chuck Brannon. Rev. Brannon invited everyone to join in prayer asking tor the power ot God to unify everyone. A service would be held during the lunch hour on May 6th at the Ocean Avenue Amphitheater and Rev. Brannon urged everyone to join in prayer. H. Permit presentation ot National Preservation Month Mayor Rodriguez proclaimed Mayas National Preservation Month and the Proclamation was presented to Ms. Voncile Smith, President ot the Boynton Beach Historical Society. She commented she hoped the rich heritage ot the City could be preserved and was pleased the Commission recognized the deep economic, educational and cultural values ot historic preservation. 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> Brian Edwards, 629 NE 9th Avenue, appreciated the proclamation and reiterated his hope that the historical and cultural issues within the City could be addressed by the Commission. Mark Karageorge, 240A Main Boulevard, thanked the Commission tor their participation and attendance at so many events throughout the City including the upcoming Commit 2B Fit. Herb Suss, 1711 Woodtern Drive, displayed a birthday card that had been given to him by the students at Galaxy Elementary School where he volunteers. He urged everyone to volunteer in the schools. He also reiterated and agreed with the concerns over the environment and the recent oil spill. 4 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 John McGovern, 2620 Spiceberry Lane, inquired who had the authority to close the Boynton Inlet it the oil spill intiltrated to the east coast shores. Mr. Bressner replied the Inlet is owned and operated by the County. The County was exploring the possible installation ot some sort ot boom system to protect the Inlet. Boynton Beach would be participating in the efforts along with several other municipalities, County, State and Federal authorities. Mr. McGovern re-asserted his concern with the State ot Florida's count ot the graduation rate/completion rate. His concerns were reintorced when the County was not approved tor a grant trom the Gates Foundation. The school district could not demonstrate a working relationship between the teachers and the district. Florida also did not receive tederal monies based on the same reasoning. Mr. McGovern announced he was seeking a seat on the Palm Beach County School Board tor District 4 attempt to regain local control ot the schools. He alleged part ot the problem was the schools within greater Boynton Beach lie within tour school districts and not in District 4. A coalition between the other districts must be established which would be unique to the City ot Boynton Beach. Shirley Jaskiewicz, 1917 SW 13th Avenue, congratulated the Mayor and new Commissioners and their proactive approach to governing. She contended the Shopper Hopper bus service is a tremendous asset to the residents and she urged the Commission to not eliminate the service in the upcoming budget decisions. It was an extremely successtul endeavor that aided many residents. Mayor Rodriguez thanked Ms. Jaskiewicz tor her dedication and hard work serving as the Chair ot the Planning and Development Board. No one else coming torward, Mayor Rodriguez closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members ot the community to serve in vacant positions on City advisory boards. Motion Commissioner Orlove moved to table all appointments. Commissioner Hay seconded the motion. The motion passed unanimously. B. TABLED on April 20, 2010 - Appoint an eligible member ot the community to serve on the Historical Preservation Ad Hoc Committee. 5 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 Motion Commissioner Holzman moved to appoint Janet DeVries as a member ot the Historical Preservation Ad Hoc Committee. Commissioner Orlove seconded the motion and strongly agreed Ms. DeVries would be an excellent candidate to serve on the committee. Vice Mayor Ross agreed Ms. DeVries was an excellent candidate and an employee ot the City. The motion passed. 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 trom the City Commission meeting held on April 20, 2010. Motion Commissioner Orlove moved to pull item 6.A. Vice Mayor Ross seconded the motion. The motion passed. Commissioner Orlove requested the minutes be corrected on Page 22 to retlect the CRA vote on the committee would constitute a quarter ot a vote. Motion Commissioner Orlove moved to approve the minutes as amended. Commissioner Holzman seconded the motion. The motion passed. B. PROPOSED RESOLUTION NO. R10-048 - Approve notitication to FDOT ot the City's interest in exercising its right ot tirst retusal tor the acquisition ot FDOT's surplus property known as Galaxy Way. C. PROPOSED RESOLUTION NO. R10-049 - Approve Amendment #3 ot the Interlocal Agreement with the CRA, regarding the cost-sharing ot tunding improvements along SE 4th Street improvements D. PROPOSED RESOLUTION NO. R10-050 - Approve request trom Clear Wireless, LLC to allow tor ground equipment and co-location on the existing 6 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 telecommunications tower at the Public Works Compound (222 NE 9th Avenue). Motion Commissioner Holzman moved to approve the Consent Agenda as amended. Vice Mayor Ross seconded the motion. The motion passed. 7. BIDS AND PURCHASES OVER $100,000 A. Award "MICRO-SURFACING FORTY-FOUR (44) STREETS IN CITY OF BOYNTON BEACH" to FLORIDA HIGHWAY PRODUCTS, INC. ot Celebration, Florida with a total proposed expenditure ot $484,471.18 plus a 10 percent (%) contingency in the amount $48,447.12 tor a total project cost ot $532,918.30. This includes both the micro-surfacing and the line restriping where deemed necessary. Motion Commissioner Hay moved to approve the contract. Commissioner Orlove seconded the motion. The motion passed. 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. A. Request amendment to add a detinition tor aeration Windmills and corresponding provisions and standards (CDRV 10-002) to the Land Development Regulations (LDR), Chapter 2 Zoning, Section 4.J.29, including a maximum height ot 25 teet, and limitation to nonresidential zoning districts tor the purpose ot aerating wet detention areas. Applicant: City-initiated. PROPOSED ORDINANCE NO.1 0-01 0 - FIRST READING Attorney Cherot read Proposed Ordinance No. 10-010 on tirst reading, by title only. Mayor Rodriguez opened the issue tor public hearing. No one came torward. Mayor Rodriguez closed the public hearing. 7 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4,2010 Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-051 - Approve the Interlocal Agreement with the Town ot Manalapan, providing tor an emergency interconnection between the potable water systems. Mr. Bressner explained the proposed Interlocal Agreement with Manalapan was one ot the interconnect agreements with surrounding municipalities. Koti Boateng, Utilities Director, outlined the agreement was to assist the Town ot Manalapan with any emergencies and spelled out the cost tor reimbursements and the cost ot the installation ot the meters tor the interconnect installation. The procedures to smooth out any activities that may occur are also included in the ten-year agreement. The Town ot Manalapan would be charged the current non-resident rate tor any usage. A termination clause was also included. Mayor Rodriguez questioned it the agreement was one-way or the tlow could be reserved it the City ot Boynton Beach needed assistance. Mr. Boateng replied it could be reversed, but it would be highly unlikely. Commissioner Orlove inquired it there had been a prior agreement. Mr. Bressner did not think there was a prior agreement with Manalapan. With the other municipalities and the County already interconnected, Manalapan would be the last contiguous entity to be added. Motion Vice Mayor Ross moved to approve Proposed Resolution No. R 10-051. Commissioner Orlove seconded the motion. The motion passed. B. TABLED on April 20, 2010 - Discussion on the Budget Status Report ot the General Fund and the Utility Fund tor the six (6) month period ended March 31, 2010. 8 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4,2010 Motion Vice Mayor Ross moved to remove trom the table. Commissioner Orlove seconded the motion. The motion passed. Barry Atwood, Finance Director, reported the City anticipated a $1 million shortfall in revenues this tiscal year. The City Manager had asked all departments to reduce their budgets tor the remainder ot the current year. The expenditures were within control. The tunding sources tor the General Fund show a high reliance on transters trom other tunds. There are no reserves to draw trom tor the use ot the General Fund. Commissioner Orlove requested claritication on the drain on the reserves. Mr. Atwood responded the General Fund balance was depleted with the exception ot the emergency reserve. A past resolution ot the City Commission dictates that 10% ot the annual expenditures be set aside in an emergency tund. Mayor Rodriguez added most ot the reserve had been utilized the past year to avoid employee layoffs. Mr. Atwood added the current reductions were being made to offset the dollars trom the reserve and perhaps build the reserve tunds slightly. Mr. Bressner mentioned an added draw was the adjustment on the pension tunds to bring the City current on the payments. A savings ot $800,000 per year tor interest would be realized by keeping the payments current. Commissioner Hay inquired it the reserve monies accumulate over the years. Mr. Bressner responded in prior years the City had been able to balance the budget without using the unobligated reserve. However, the sudden deep reduction ot redevelopment related revenues was a major tactor in budgeting even with the reduced expenditures. He predicted the next budget cycle would be very difficult. Mayor Rodriguez asserted the Commission would have to be diligent and efficient in balancing the budget without increasing the taxes. Tough decisions would have to be made. Motion Commissioner Hay moved to accept the six-month tinancial report. Commissioner Orlove seconded the motion. The motion passed. 11. FUTURE AGENDA ITEMS A. Monthly status report trom Development Department on NSP Program and CDC Performance - (May 18, 2010) 9 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 B. Follow-up report on status ot agreement between Boynton Beach and Palm Beach County Fire-Rescue tor tire rescue coverage in three barrier island enclaves near Briny Breezes. (May 18, 2010) C. Staff tollow-up report on Emergency Medical Service Billing changes and c1aritication ot collection reporting options (May 18, 2010) D. Follow-up Staff Report on Pain Management Clinic Regulations (May 18, 2010) E. Capital Improvement Status Report - Initial City Commission review ot 2010- 2011 Capital Improvement Budget (General and Utilities) and Five-Year Capital Improvement Plan (May 18, 2010) F. Budget Amendment - Reduction ot FY 09/10 City Operating Budget by $1M (May 18.2010) G. Discussion and Formalization ot Budget Workshops Agenda/Format - Workshops scheduled tor July 19-21 - 1:00 pm to 5:00 pm in the Library Program Room (May 18,2010) H. Formalization and approval ot CRA Application and rating matrix (May 18, 2010) I. Request authorization to transmit additional amendment to the CDBG Substantial Plan Amendment to HUD designating the CRA as a sub-recipient tor NSP allocation ($400,000) - (May 18, 2010) J. Appointment ot members to the Financial Advisory Review Committee (May 18, 2010) K. Report and Recommendation tor Interlocal Agreement with Palm Beach County Fire-Rescue - Sales Tax Program (June 1, 2010) L. Interlocal Agreement with the CRA designating the CRA as a sub-recipient ot Neighborhood Stabilization Funds (June 1, 2010) M. Second draft review ot Climate Action Plan (June 15, 2010) N. Final approval ot Climate Action Plan (July 20, 2010) O. Appoint members to 7 member independent Community Redevelopment Agency Board (August 3, 2010) P. Police Complex - Discussion ot project timing, scope, location and tunding alternatives available. (TBA) 10 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 a. TABLED on April 20, 2010 (Pending continued discussions with Palm Beach County)-Lease agreement between City ot Boynton Beach and Boynton Beach Child Care Center, Inc. (TBA) 12. NEW BUSINESS A. Discussion ot City Commission Workshop/Retreat; tormalization ot Retreat Program Agenda. Lori LaVerriere, Assistant City Manager, proposed, based on Mayor Rodriguez's remarks, a team building retreat to be tacilitated with a consultant, Ginny Rizzo and held at the Intracoastal Clubhouse on May 22 trom 8 am to 4 pm with a short program on Friday evening, May 21st. After discussions with the consultant, Mayor Rodriguez, explained the consultant would meet with each ot the Commissioners, one-on-one, to understand their needs. He recommended the retreat be supported. Ms. LaVerriere remarked the team building/communication strategy session would be a tirst step, to be tollowed by a goal setting session to complete the training. Vice Mayor Ross had learned the Ethics Committee was very close to selecting an Inspector General tor the County and she wanted to see the topic ot ethics included on the agenda. Everyone was striving tor transparency. Mayor Rodriguez concurred and indicated he had been invited by the State Attorney to participate in a discussion on ethics in Palm Beach County. He would share any intormation gained. He assumed the City Attorney could be prepared to discuss ethics at the retreat. Vice Mayor Ross pointed out the City had an ethics ordinance since 2006 that had never been discussed or reviewed with the Commissioners. Commissioner Hay concurred with Vice Mayor Ross on the need to understand the Code ot Ethics, based on his observations. He also suggested racial issues and multi-cultural issues should be added to the agenda. Learning how to deal with the diversity in the City ot Boynton Beach was crucial. Ms. LaVerriere thought diversity might be appropriate to discuss as goal setting, but basic discussion could be initiated at the retreat. Commissioner Hay mentioned he had observed different reactions to some cultures that have addressed the current and previous Commission. Ms. LaVerriere did not tee I that would be a problem tor Ms. Rizzo. Ms. LaVerriere advised it would be a public workshop, minutes would be taken, although there would be no public participation. Mayor Rodriguez explained his intent was to afford the Commission the opportunity to better understand each other and how to work together as a team tor the betterment ot the City ot Boynton Beach. In addition, tocusing on the high level decisions that would address the tuture ot the City may assist on building consensus when the ultimate decisions had to be made. 11 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 Commissioner Orlove agreed with the proposed agenda and plan. He recognized there were other issues that may need to be addressed, but the initial goal should be how to work together as a team. He wanted to be sure the team building aspect was the tocus rather than numerous issues that would be counterproductive to team building. Commissioner Hay agreed with Commissioner Orlove, but cautioned it was a "team" effort and not an "I" effort. The additional issues proposed did need to be addressed at some point. Mr. Bressner noted the ethics issues were transitioning to County-wide regulations that would be subject to a reterendum. The current ordinance would be a transitory document when it is replaced by County regulations. In the interim, the current regulations should be upheld. Attorney Cherot advised the 2006 ordinance reterred to voting contlicts and not ethics. Commissioner Hay wanted assurance that the agenda that would be distributed would be tinal and no additions or changes made. Mr. Bressner stressed the consultant would be meeting with each Commissioner individually to customize the training to meet the needs ot the Commission without attribution. Commissioner Hay wanted some measurables that could be quantitied and Mayor Rodriguez agreed. Motion Commissioner Hay moved to approve the agenda tor the workshop. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue tor public hearing. Herb Suss, 1711 Woodtern Drive, contirmed the location and time ot the meeting. No one else coming torward, Mayor Rodriguez closed the public hearing. B. Consideration and approval tor City Commissioner to attend the 18th Annual National League ot Cities Leadership Summit in Philadelphia, Pennsylvania trom September 23-25, 2010. Commissioner Hay remarked the League ot Cities was one ot the best organizations and offers a wealth ot intormation on the local, state, national and international level. He had also been appointed to the Board ot Directors tor the local League ot Cities as well as the representative tor the City ot Boynton. All intormation and materials would be shared with the entire Commission. He hoped the Commission would continue to support the organization. 12 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 Commissioner Orlove wanted to approve the expense based on Commissioner Hay's experience, involvement and pending appointment. Commissioner Hay added the Summit was open to all the Commission. Mayor Rodriguez pointed out, it the request was approved, the budget item would be depleted tor any tuture expenses. He had inquired into the program and Mr. Jamie Titcomb had advised the Palm Beach County League ot Cities did not get involved in the National Leadership Summit as it tocused on continuing education credits. Commissioner Hay was not participating tor the credits, rather the betterment ot the City ot Boynton Beach. Commissioner Hay questioned why the Mayor had inquired about the program and assured the Commission he was not seeking any accreditation or attending tor any credit ot any kind. He did not want the request to be an issue in any respect. Mr. Bressner remarked there would be many elected officials trom other municipalities in Palm Beach County who would attend the Summit. Even though the budget line item would be depleted, Commissioner Orlove supported Commissioner Hay's attendance at the event. It would be an asset to the Commission and the City. Motion Vice Mayor Hay moved to approve. Commissioner Orlove seconded the motion,. The motion passed. C. Consideration ot Alternative Use ot Vacant Landtill Property East ot the Boynton Beach Links, Municipal Golt Course Mr. Bressner located the property that was east ot the golt course and previously used as a landtill. A prior study by the Department ot Environmental Protection (DEP) revealed housing was not an option. Another option that was analyzed was realigning the golt holes onto the parcel and using the vacant internal golt course property tor housing. The housing market crashed and no serious discussions ensued. The County owns the land ot the golt course and the City has a 99-year lease. Commissioner Holzman had suggested an adaptive reuse as an alternative energy source. Upon turther investigation, Mr. Bressner concluded the cost tor a solar array on the 42 acres would be in the realm ot $25 million that would come trom grants. Approximately 3,000 homes could be powered with the resulting energy generated. Florida Power and Light would have to establish some type ot credit tor the energy source produced. The project was ot interest to the sustainability team. Vice Mayor Ross thanked the City Manager tor his assessment. Commissioner Holzman's interest and suggestion was a result ot a tour ot the golt course and the 13 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 realization that the acreage was vacant and could make the City ot Boynton Beach distinguishable throughout the nation. Commissioner Orlove was impressed with the suggestion and alternatives. He understood there would be no affect on the golt course. He preterred that the credits be ot benetit to the City and citizens, rather than the power going out into the grid. Retrotitting existing buildings would be a cost savings. Carisse LeJeune, Assistant to the City Manager, advised the sustainability team would be recommending in the Climate Action Plan retrotitting tor energy efficiency, all City tacilities. Commissioner Hay supported the suggestion and agreed the idea should move torward. Mayor Rodriguez applauded Commissioner Holzman tor thinking outside the box and his efforts to move the City torward. Regulatory-wise, the issue was very complex and Mayor Rodriguez suggested a consultant be hired. Attorney Cherot advised a Request For Proposal (RFP) would be the best route. Ms. LeJeune pointed out the energy source had not been identitied in the original Climate Action Plan. She sought direction trom the Commission on how to proceed with either the consultant or tunding. Attorney Cherot advised the issues being discussed were not on the agenda and the issue was extremely complex and should be placed on the agenda to elaborate what is being sought and give staff direction. It should be on the agenda to afford the public notice ot the discussion. Mr. Bressner advised there had been preliminary analysis on the land use issue as the property was owned by the County. Motion Commissioner Holzman moved to approve the consideration ot alternative use ot vacant landtill property east ot the Boynton Beach Links, Municipal Golt Course. Vice Mayor Ross seconded the motion. Herb Suss, 1711 Woodtern Drive, Chair ot Golt Course Advisory Committee, agreed with the concept, but urged the Commission to gather all the intormation even through tederal departments and agencies, to reduce cost. The current budget constraints warrant moving slowly on any staff additions. He cautioned the area residents should be noticed on any developments with the vacant land. Dr. Piotr Blass, 113 West Tara Lakes Drive, offered the assistance and encouragement ot the University ot Boynton Beach to work on alternative energy resources. Commissioner Hay inquired about the availability ot tunds to pay tor a consultant. Mayor Rodriguez telt contident that grant tunding would be available to cover the cost. The motion passed. 14 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 D. Consideration ot meeting time change tor Regular City Commission meetings. Commissioner Holzman Orlove suggested a time shift to convene the meetings at 5 pm rather than 6:30 pm since the meetings are running very late. Commissioner Hay had an issue with his unpredictable employment hours and being able to be present tor the meetings at 5 pm. Commissioner Holzman suggested a compromise ot 6 pm and inquired it it would be a problem tor staff. Mayor Rodriguez, Vice Mayor Ross, Commissioner Orlove and Commissioner Holzman were flexible with either 6 pm or 5:30 pm. Commissioner Hay agreed to have the matter tabled tor him to consider his preterence. Motion Commissioner Orlove moved to table the matter to June 1, 2010. Vice Mayor Ross seconded the motion. The motion passed. 13. LEGAL A. PROPOSED ORDINANCE NO. 10-008 - SECOND READING - Request code amendment (CDRV 10-001) to add "Amusement Arcade" to the C-2 (Neighborhood Commercial) zoning district as a conditional use. Applicant: City-initiated. Attorney Cherot read Proposed Ordinance No. 10-008 on second reading, by title only. Mayor Rodriguez established the staff report had not changed since tirst reading. Mayor Rodriguez opened the issue tor public hearing. No one came torward. Mayor Rodriguez closed the public hearing. Mayor Rodriguez inquired about the business or individual who had brought this matter to the attention ot the Planning Division. Mike Rumpt, Director ot Planning and Zoning, reported an individual trom the community who previously had a business within the City, had a property in a C-2 zoning district. It was located along Woolbright Road in a small commercial development and in response to the plan submitted, staff opted to change the use rather than encourage a rezoning application. Motion Commissioner Orlove moved to approve Proposed Ordinance No. 10-008 on second reading to add Amusement Arcade to the C-2 (Neighborhood Commercial) zoning district as a conditional use. Commissioner Hay seconded the motion. 15 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 10-009 - Forming a Financial Advisory Committee. Discuss and approve Ordinance on second reading. Attorney Cherot read Proposed Ordinance NO.1 0-009 by title only on second reading. Commissioner Hay questioned the entire concept and what had changed trom previous years. Mayor Rodriguez explained the Committee would not usurp the responsibility ot the Commission, but rather give the Commission recommendations not only on the budget, but also the entire organization and identify areas ot opportunity and efficiencies. Commissioner Hay was concerned about the cost tactor. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. Mayor Rodriguez opened the issue tor public comment. Brian Edwards, 629 NE 9th Avenue, appreciated the issue ot transparency but the Committee would create another layer that would instill a hardship on staff to get the intormation through all levels. Whether it would or would not be a savings cannot be determined. He was more comtortable with staff being held accountable. Herb Suss, 1711 Woodtern Drive, agreed it would add another layer ot bureaucracy and staff was very qualitied to make the decisions as well as the Commission. The public and taxpayers do have input. Another agency would only interfere with the process. He urged the Commission to not approve the Ordinance. Ron Washam, 127 S. Atlantic Drive, West Palm Beach, commented the transparency was wonderful and applauded the effort. The proposed change would add more discussion and more debate. He had contidence in the staff and the elected Commission to make the hard decisions and another layer was not necessary. No one else coming torward, Mayor Rodriguez closed the public hearing. Commissioner Orlove inquired it it would impose a hardship tor staff. Mr. Bressner admitted the tirst year would be a struggle and on tirst reading there was acknowledgement that there could not be tull implementation the tirst year. A compressed schedule would have to be utilized. It would be a quasi judicial board. Commissioner Orlove did not teel the creation ot the advisory board would be 16 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4, 2010 disrespectful to staff. A second set ot eyes should always be welcomed, especially with the current tinancial crisis. Commissioner Hay did teel adding another level would add to the complexity ot some issues. He had contidence in staff and did not teel it was necessary and would not support the ordinance. Mayor Rodriguez commented that transparency would be a by-product and recalled the budget workshop was concluded without hearing trom all departments. Mayor Rodriguez called tor a vote. Vote City Clerk Prainito called the roll. The vote was 4-1 (Commissioner Hay dissenting). 14. UNFINISHED BUSINESS None 15. ADJOURNMENT There being no turther business to come betore the Commission, Mayor Rodriguez adjourned the meeting at 9:08 pm. (Continued on next page) 17 Meeting Minutes Regular City Commission Boynton Beach, FL. May 4,2010 CITY OF BOYNTON BEACH J----. ~ ATTEST: 18