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Minutes 06-15-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JUNE 15, 2010 Present: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez Mayor Rodriguez welcomed everyone to the Commission meeting and called the meeting to order at 6:32 p.m. Commissioner Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Rodriguez. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Consent Agenda Item 6.J as did Commissioner Hay. Commissioner Orlove requested to include further action regarding WXEL in the agenda. Mayor Rodriguez added the item to 14. Unfinished Business. He also asked to pull Consent Agenda Items 6.A and 6.C. Vice Mayor Ross pulled Consent Agenda Items 6.C and 6.J. 2. Adoption Motion Commissioner Hay moved to approve the agenda. Commissioner Orlove seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Vice Mayor Ross remarked how wonderful the "Cops and Rodders" event had been and the unveiling of the 1953 police car. She recognized Chief Immler, the City Manager and Officer Rodriguez for their work with the Youth Violence Prevention Program. Vice Mayor Ross requested an Ethics Ordinance be added to a future agenda in view of the Inspector General appointment of Sheryl Steckler. The November election would include a referendum to expand the oversight powers to local cities. Mayor Rodriguez commented the office that had been established would primarily address the Palm Beach County Commission. The City would have the opportunity to voluntarily adopt the County ethic standards. He agreed the item should be added to a future agenda. Vice Mayor Ross announced the Florida League of Cities Conference in Hollywood on August 19, 2010. She anticipated attending. Commissioner Hay would be attending at his own expense. Commissioner Orlove concurred with Vice Mayor Ross regarding the "Cops and Rodders" event. He commended the work of the youth in the Youth Violence Prevention Program. It was outstanding, as well as the work of Officer Rodriguez and Sergeant Cannon. He had attended the Chamber's Taste of Boynton event and it was a great opportunity to experience the culinary samples from the City of Boynton Beach. Commissioner Orlove had met with members of the Boynton Beach Mental Health Initiative and hoped the Commission would be able to work with the organizations in their various endeavors. Commissioner Hay advised he had been on vacation visiting his grandchildren. He extended a Happy Father's Day greeting to all those in attendance. Commissioner Holzman acknowledged the success of the "Cops and Rodders" event even though he was unable to attend. Mayor Rodriguez advised he and his son had attended the "Cops and Rodders" event and commended Officer Rodriguez for mentoring the kids. There may be other opportunities for them in the future. Mayor Rodriguez also attended an Incident Command System Overview at the Town of Palm Beach demonstrating emergency procedures during crisis situations. He had visited the Town of Plantation, along with the City Manager, Police Chief and Director of Public Works and Engineering to view their new facilities. The Boynton Beach Police Department and City Hall would be an issue that would have to be addressed in the near future. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 A. Presentation of Legislative Update by Representative Mary Brandenburg, District 89. Representative Brandenburg mentioned she was honored to represent the City of Boynton Beach for the past eight years in the State Legislature. Term limits would preclude any further service. She highlighted the following issues she had worked on during the past legislative session: HB1301 allowed cities to adopt more stringent ethic rules than the State requirements. HB 965 dealt with Chinese drywall, requiring Property Appraisers to adjust the taxable value of homes with Chinese drywall to zero if remediation or repairs were necessary. It also provided the homestead exemption would not be lost if temporary living arrangements had to be made. HB 325 cleared up the legal issues relating to red light cameras. It apportioned the fines and shifted the burden to those breaking the law to share in the costs connected with their conduct. SB 448 did not pass. It would have outlawed texting while driving. $1 million for beach restoration was restored in the budget to keep the issue alive in the budget process for the next year. The bill did require contractors to give preference to Florida residents. SB 366 restricted the sale of smoking pipes allowing them to only be sold in tobacco shops. It was designed to make it harder to smoke crack cocaine. HB 7179 allows local governments to levy non ad valorem assessments to fund improvements for energy efficiencies to a homestead or any other property. A low interest loan could be applied for through the City and the "green" improvements could be made immediately and paid back through the annual tax payments over time. SB 464 expands leave of absence for public employees who are reservists from 17 days to 30 days. HB 1157 forces local governments to pay bills in a timely manner. Contractors have to be informed within 10 days if work remains to be completed or any other contract disputes; otherwise, pay the bill immediately. SB 1196 gives condo associations the right to collect rents from tenants and deduct the maintenance fees and then forward the remainder to the property owner. It allows condo associations to ban anyone in a delinquent condo from common areas. The bill 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 also requires foreclosing banks to pay 12 months of delinquent maintenance fees when ownership is assumed. Vice Mayor Ross requested an update on HB 1271 relating to truck weight limits. Ms. Brandenburg explained truck weight limits in Florida were less than any of the neighboring states. It was a priority of the trucks and the agriculture industry. Commissioner Orlove interjected the bill had passed and the concern was that the larger loads would now be allowed on County and City streets. Representative Brandenburg explained the increase was only a few thousands pounds and local law enforcement could ticket any loads using the streets for purposes other than deliveries. In regard to the beach restoration issue, Representative Brandenburg added the money was going to be eliminated from the budget entirely. Her goal was to keep some funds in the budget for the benefit of the next year's budget and either adjusting the money up or down rather than adding funding back into the budget. Better economic times may give some plausibility to revisiting major beach projects in the area. She was confident there was a plan in place to deal with any possible affects of the oil spill if it should migrate to the east coast. The Governor had declared a State of Emergency for the State's coastal areas that would trigger federal aid to pay for any cleanup, if necessary. Mayor Rodriguez thanked Representative Brandenburg for her hard work and dedication to Palm Beach County and City of Boynton Beach. He wished her the best in whatever endeavor she pursued. B. Presentation of Art Public Places (AIPP) Program Overview for FY 2009/2010. Debby Coles-Dobay, Public Art Administrator, presented a video showcasing the Public Art within the City and giving examples of new and innovative designs to stimulate the economy and attract people to the City of Boynton Beach. Ms. Coles-Dobay reviewed the pending projects and announced an upcoming workshop in the Library Program Room on August 26 from 6 p.m. to 8 p.m. focusing on the vision plan and seeking input from the public. The final vision plan would be presented to the Commission in October. Mayor Rodriguez thanked Ms. Coles-Dobay for her hard work and dedication in placing art throughout the City. Commissioner Orlove thanked the Arts Commission also. C. Proclaim June 25, 2010 as POW/MIA Remembrance Day. Mayor Rodriguez proclaimed June 25, 2010 as POW/MIA Remembrance Day and presented the Proclamation to Mr. Joe Green, a Korean and Vietnam War veteran. A memorial service would be held at Bicentennial Park on June 25 at 11 a.m. 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 D. Proclaim June 25, 2010 as Korean War Remembrance Day June 25, 2010 was proclaimed Korean War Remembrance Day by Mayor Rodriguez, who presented the Proclamation to Mr. Green. Mr. Green thanked the City and the citizens for their aid to all veterans. E. Presentation of the second draft outline of the City of Boynton Beach Climate Action Plan for City Commission review and comment. Presentation given by Nancy Byrne, Assistant Director of Development. Nancy Byrne, Assistant Director of Development, reviewed a PowerPoint presentation of the second draft of the Climate Action Plan for the City of Boynton Beach. A copy of the presentation is attached to the minutes. It was noted the Plan was a working document and some aspects could require Commission approval. The final plan would be brought before the Commission for approval on July 20, 2010. Vice Mayor Ross commended Ms. Bryne, Ms. LeJeune and the entire team for their dedication and hard work on the project. Commissioner Hay inquired if building more sidewalks had been reviewed. Ms. Byrne advised sidewalks and bike trails were investigated in conjunction with Tri Rail and education programs on the possible connectivity that could be developed. Commissioner Orlove inquired about the use of the FEC tracks for some type of low-rail or light-rail system. Ms. Bryne replied the City was an active partner in the planning study. Mayor Rodriguez questioned if the study addressed new development and sustainability. Ms. Bryne responded both development and redevelopment were included in the Green Building Ordinance as well as the PACE program. An update would be forthcoming on the surrounding municipalities and implementation of PACE programs and energy service companies who manage energy retrofits. 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, addressed the behavior of the Community Redevelopment Agency (CRA) Board at the last meeting. He resented the time spent on innuendos and personal attacks and the lack of leadership, trust and team work. Mr. Edwards had complete confidence in the entire CRA and City staff and the same confidence and trust should be between the eRA staff and CRA Board to work efficiently. He suggested the Commission address the CRA Board and the new independent board to let the past go and try to work together, rather than wasting time and taxpayer dollars. 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Ron Washum, 127 S. Atlantic Drive West, echoed Mr. Edward's remarks and noted civility and kindness were the leadership qualities that got the Commission elected. He described the meeting of the CRA as deplorable and stressed the conflicts should not be personal, but issue-oriented and return to respect and civility. He expressed hope the Board could move forward. Herb Suss, 1711 Woodfern Drive, offered his congratulations to Janet Prainito for being profiled in the Boynton Forum and commended her and the staff of the City Clerk's office. In addition to the many recommendations of the Climate Action Plan, Mr. Suss suggested bicycle racks should be in all shopping centers to improve transportation. He also expressed appreciation to all the veterans of the Korean War. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Ross nominated Boyd Boggess as an alternate member of the Building Board of Adjustments and Appeal. Commissioner Orlove seconded the motion. The motion passed unanimously. Motion Commissioner Hay nominated Merline Pomplona as an alternate member of the Financial Review Committee. Vice Mayor Ross seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to table all remaining appointments. Vice Mayor Ross seconded the motion. The motion passed unanimously. 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. 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 A. Approve the Minutes from the Special City Commission meetings held on May 22,2010 and May 23,2010 and the Regular City Commission meeting held on June 1, 2010. Commissioner Orlove had pulled Item 6.A for discussion. He corrected the June 1, 2010 minutes to reflect on Page 14, the ACA report on the company's current ALF's. Motion Commissioner Orlove moved to approve as amended. Commissioner Hay seconded the motion. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R10-074 - Approve an Agreement for Water Service outside the City limits with Edna S. Seymour and Tammy L. Musselman for the property at 1057 Seagrape Rd, Lantana, FL. C. PROPOSED RESOLUTION NO. R10-075 - Approve Lease between the City and Team Reel Estate, Inc. d/b/a Florida Fishing Academy (Academy) for use of the Bait Shop at Boat Club Park as a training and education facility for youth. Commissioner Orlove pulled Item 6.C for discussion. He assumed there was some contention surrounding the issue when it was brought before the prior Commission. The issue would be resolved as long as there was not a bait shop in operation at the facility. It would be a benefit for the youth to utilize the building and he was glad the problem was solved. Vice Mayor Ross recalled there was also a discussion on a liability issue. Mayor Rodriguez interjected the liability related to traffic backing up on Federal Highway that would be alleviated by eliminating the bait shop. Motion Commissioner Orlove moved to approve Item 6.C under Consent Agenda. Commissioner Hay seconded the motion. The motion passed unanimously. D. PROPOSED RESOLUTION NO. R10-077 - Approve "piggy-backing" the United States Coast Guard Contract HSCG84-09-A-100113 with Clean Harbors Environmental Services Inc. for emergency environmental response; contract meets or exceeds the City of Boynton Beach procurement requirements E. PROPOSED RESOLUTION NO. R10-078 - Approve supporting the Regional Planning Councils of Southeast Florida in preparing a comprehensive joint application under the Federal Sustainable Communities Initiative and establishing a working partnership agreement with appropriate water resource, housing, environmental and transportation agencies, local governments, nonprofits, academia, and private sector organizations 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 F. PROPOSED RESOLUTION NO. R10-079 - Authorize the City Manager to approve administrative changes and amendments to all Local Agency Program (LAP) Agreements and Joint Participation Agreements (JPA) with the Florida Department of Transportation G. Accept a report from the Recreation and Parks Department regarding the use of facilities by various groups/agencies/organizations H. Accept the written report to the Commission for purchases over $10,000 for the month of May 2010. I. Accept the Budget Status Report of the General Fund and the Utility Fund for the eight (8) month period ended May 31,2010. J. Approve the recommendations of the Community Development Block Grant Review Committee for funding activities in preparation of the City of Boynton Beach's One-Year Action Plan for FY 2010/2011. The anticipated 2010/2011 Community Development Block Grant allocation is $572,725. Commissioners Holzman, Hay and Vice Mayor Ross had pulled Item 6.J for discussion. Commissioner Holzman was concerned that the Community Caring Center (CCC) Green Market was not receiving any funds from the Community Development Block Grant. Octavia Sherrod, Community Improvement Manager, explained the proposed funding was recommended by the Technical Review Committee. The Green Market had received funding for the last few years and Ms. Sherrod had personally monitored their progress as excellent. She reiterated the recommendations were those of the Committee. Mayor Rodriguez inquired how the Committee members were selected. Ms. Sherrod replied many of the members had served on the Committee previously or served on other City boards. They are generally familiar with the process and the program. Based on the board lists, Ms. Sherrod sought volunteers. Mr. Bressner recalled the Review Committee was established in 2000. It had been a total staff function until a Commissioner suggested there be citizen involvement. Staff did have the responsibility of seeking volunteers to participate. Mayor Rodriguez confirmed that the Commission had the ultimate decision to distribute the monies. He supported funding the Community Caring Center Green Market rotationally $25,000. The monies could be redistributed by taking $20,000 from the CDC appropriation and $5,000 from Aid to Victims of Domestic Abuse (AVDA). The CDC would then receive $80,000 and the Aid to Victims of Domestic Abuse would 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 receive $50,000. Commissioner Holzman questioned if any of those involved with AVDA were from the City of Boynton Beach rather than the Delray. Ms. Sherrod responded they provide services throughout the area including the residents of Boynton Beach. Their place of business was located in Delray and they were the only agency of its kind. Mr. Bressner added AVDA had been funded the last ten years. Commissioner Hay suggested the Committee should be advised of the proposed change in funding and seek their input on the change. Ms. Sherrod cautioned the distribution of the funds was a time sensitive issue with the preparation of the Action Plan. She further explained the Community Caring Center requested funding under two categories; public service such as the food bank and economic development category for the Green Market. Mayor Rodriguez corrected his suggestion that $20,000 be taken from the CDC appropriation and $5,000 from the Community Caring Center share to be given to the Community Caring Center Green Market at $25,000. Motion Commissioner Orlove moved to reconsider the amount to give Community Caring Center Ocean Avenue Green Market $25,000 as discussed for the Grant Block program. Commissioner Hay seconded the motion. Brian Edwards, 629 NE 9th Avenue, pointed out there were other monies available and the proposed funding would take monies away from the CDC. He reiterated there is money available to assist funding the Green Market and the Incubator Project. The grading was done based on the health and human services needs. The scenario includes location and other incubator-type businesses and success rates. The consensus, even though the grades were different, was that it was important enough for the amount of money being requested by the CCC, that the Commission closely examine whether or not the City and/or CRA should be involved in funding the Green Market. Mr. Edwards reiterated the monies do not have to be re-distributed to achieve the same goal for the Community Caring Center Green Market incubator request. Sherry Johnson, Community Caring Center, commended the committee and their indepth questions. The comments by Ms. Jaskiewicz were that the project should be supported by the CRA and perhaps funded by the City. The money is available. The question was should it be funded out of CDBG or an activity funded by the CRA Board. There was also a question about the benefit to the community that should have been expanded to include nutrition, education classes, job creation and the businesses are within the City limits of Boynton Beach. Fifty percent of the jobs are given to residents of the City and fifty percent of the entrepreneurs are from the City of Boynton Beach. An application for funding had also been given to the CRA that would be considered 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 later. She expressed concern that if it was not budgeted now and did not get funded later in the year, no monies would be available. Mayor Rodriguez stressed the Commission had an obligation to allocate the funds based on the CDBG program at this time. Commissioner Hay wanted assurances that the funds taken away from the two organizations were appropriate. Ms. Sherrod agreed the dollars could be re-distributed. She was concerned with the public service aspect. Only 20% of the funds provided could be used and monies given to CCC for the Food Bank barely sustain the need. There were more monies available in economic development funds. Commissioner Hay emphasized it was important to understand all the facts and hear again from Mr. Edwards before a decision was made. The excess monies mentioned were for housing rehabilitation. Mayor Rodriguez called for a vote and 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. A. TABLE this request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe PUBLIC NOTIFICATION REQUIREMENTS WERE NOT FULLY MET, PREVENTING BOARD REVIEW. ITEM SHOULD BE TABLED TO THE JULY 20TH COMMISSION MEETING. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Motion Commissioner Holzman moved to table. Vice Mayor Ross seconded the motion. The motion passed. B. Request Conditional Use (COUS 10-002) approval, located at 1500 Gateway Boulevard, Compson Place Condo. to allow stealth telecommunications facilities consisting of rooftop antennas and related equipment housed within four (4), concealment structures 16 feet in height, approximately 13 feet by 25 feet. Applicant: Gary Kissel, SBA Network Services, Inc. Attorney Cherof administered an oath to all those intending to testify. Kathleen Zeitler, Planner, reviewed the request and located the property. It is a request for a conditional use in a SMU district. The plans would integrate the antennas into the architecture with four stealth enclosures for AT&T and the remaining three would be for future carriers. It would have minimal impact, mimic the existing tower features and provide more visual interest to the roof line. The addition would not exceed the maximum building height. The elevations were displayed and reviewed. The conditions of approval included AT&T's proposal to construct the first two enclosures on the east side of the building and the others when leases are finalized for future carriers. The applicant agreed to all conditions of approval as modified. Staff recommended approval with 17 conditions of approval and modification of condition 13 to be in compliance with SMU standards with respect to maximum building height. A period of 18 months to initiate the project was also recommended. The Planning and Development Board unanimously recommended approval of the request, subject to staff conditions as revised. Patrick Bardone, 5900 Broken Sound Parkway, Boca Raton, FL, Project Director with SBA Network Services representing AT&T Mobility, indicated he agreed with all the conditions of approval including the modification on condition 13. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward and Mayor Rodriguez closed the public hearing. The motion passed. C. PROPOSED ORDINANCE NO. 10-014 - FIRST READING - Approve an amendment to the Land Development Regulations, Chapter 2, Sections 4 and 11, to create regulations for the installation of low voltage fences within 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 perimeter fences on properties zoned M-1 (Industrial) and PID (Planned Industrial Development). Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 10-014 by title only on first reading. Mike Rumpf, Director of Planning and Zoning, recalled a preliminary code review had been presented to the Commission on April 20, 2010. Staff finished the analysis and formulated it into an Ordinance to bring before the Board and Commission. The Board supported the request and recommended approval. The fencing would be placed inside a perimeter fence so there would not be any inadvertent exposure to the low-voltage fence. The Building Division, Police Department and Fire Department have all reviewed the proposal and have no objection. The electrical fences would only be allowed in M-1 zoning districts, with low voltage without connection to central electrical systems or grids, placed within a perimeter enclosure fence and not less than six feet in height. The location of such properties and electrified fence would have to be made known to the City as security systems are now. Cindy Vaughn of North Carolina from Sentry Security Systems, assisted the City in drafting the ordinance for the industrial business to provide them with an effective crime deterrent and cost effective security system. Motion Vice Mayor Ross moved to approve Proposed Ordinance No. 10-014 on first reading. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT A. 1) Consider the presentation on development of the 501(c)3 Foundation; 2) PROPOSED RESOLUTION R10-080 - authorizing budget amendment for partial funding for Congress Avenue Barrier-Free Park - Phase I; and 3) PROPOSED RESOLUTION R10-081 - authorizing contract for specialized professional services with Charlotte Pelton & Associates, Inc. in the amount of $55,500 for the Capital Campaign Development for Congress Avenue Barrier- Free Park Project plus reimbursable expenses not to exceed $12,500. Lori LaVerriere, Assistant City Manager, introduced the consultant, Charlotte Pelton, who had been involved in the project for the last five years. Ms. LaVerriere thanked Ms. Pelton for her efforts and the Commission for their support and foresight on several fronts. 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Ms. Pelton presented a PowerPoint presentation. A new logo was unveiled and the entity would be legally constituted and papers sent to the IRS. She reviewed the history of the concept and indicated a feasibility study had been done to determine if there would be support for a barrier free park and the creation of the foundation. An independent governing body would be established with volunteer support that was created through the efforts of the steering committee and the development of a strong Board of Directors. It was agreed the foundation would reach out beyond the City limits to benefit the entire community. Marketing materials were recommended for the foundation and the barrier free park project to educate the community using a strong campaign strategy and team to ensure success. The goal was reassessed and modified. A mission statement was developed along with attainable goals so the organization would benefit the broader community in every possible way. Ms. Pelton reviewed the actions of the steering committee. The purpose of the foundation would be to advance recreation, education and culture in the Boynton Beach area. It would focus on social services. The first project would be a capital fund campaign to help fund the barrier free park. The mission would be to enhance the quality of life for all residents now and in the future. The ultimate goal would be let funds grow in an endowment over time to enable the entity to do local grant making for projects within the region. The community needs would be the true focus. The monies raised initially would be dedicated to the first project. The vision would be to build a sense of community pride and common purpose in terms of projects within the area. Addressing the needs of the diversity within the Boynton Beach area was paramount. Collaboration with other organization would be essential to avoid duplicating efforts. Transparency and neutrality were essential to encourage the citizens to come forward and assist and participate in the organizations and the many projects. The Board of Directors currently consists of Joseph Bernadel, Caroline B reder-Watts , Robert Garrison, Sharon Geitner, John McGovern, Mike Penn, Steve Waldman and Lori Wilkinson. The initial phase of the first project would be to seek funding for the barrier free playground. The total budget is $2 million and some grant monies had to be spent on the project so the funding was not lost. Additional funds have also been set aside leaving a goal for the foundation of $500,000. Mike Penn, Chairman of the Board, stressed that it was a greater Boynton Beach community to be served. There was a strong commitment through the Chamber of Commerce to ensure that the City and surrounding area worked together for the greater good. His personal experience with children with special needs and knowing there are adults, veterans and seniors with special needs who could utilize the barrier free park, would sustain the goals of the mission statement of the foundation. It is a larger vision to create a place where everybody in the community can go and have a forum to solve any problems. 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Mayor Rodriguez thanked Mr. Penn for accepting the Chair position and the challenge. Commissioner Hay commended the steering committee, Ms. Pelton and the Board for a job well done and inquired if all areas of diversity would be represented. Mr. Penn pointed out they were recruiting representatives from the Heart of Boynton community and the Hispanic community. Ms. Pelton confirmed the search for board members was ongoing. Mayor Rodriguez questioned the start date of October, 2010. Mr. Penn replied the Board would be making the same PowerPoint presentation to solicit support from other community organizations and developing literature, creating committees and other housekeeping tasks. Commissioner Holzman was excited about the project and asked how quickly the monies could be attained and if not achieved was there a contingency plan to close the gap. Ms. Pelton felt confident the monies could be obtained. She noted across the street from the park was going to be a world-class center for autism. There could be an opportunity for a relationship between the two entities to move the project along quickly. Ms. LaVerriere explained the project could only go forward with funding that is secured. The $1.2 million would allow for a good Phase I park. Grants will be available once the approval is made and the foundation is registered. In the meantime, the park construction could go forward. Commissioner Orlove was glad to see the park come to fruition after many years of planning and speculation. He recalled that some grant funding had been lost and questioned if construction needed to start before the end of year to retain grant funding allocated to the project. Ms. Rivers replied there are two grants that will terminate the end of April 2012 and there is a need to move forward as soon as possible. There would be a three to four month bid process. Commissioner Orlove stressed it was only Phase 1 of a four phase project depending on funding resources. The park would be a jewel in the crown of the City's park and recreation system. It would draw not only individuals with limitations, but also be a unique opportunity for everyone to experience a one-of-a-kind park in the entire area. Ms. Rivers explained the park would far exceed the American with Disabilities Act (ADA) standards with no restrictions. Ms. LaVerriere indicated the first resolution would allow a budget amendment for the fund balance of $870,000 in the Recreation and Park restricted use fund to be used for the new park. There is grant funding available for an additional $350,000. Anticipated savings from two ongoing park projects that were funded by park impact fees could generate additional funding of $500,000 that may be another requested budget amendment when the projects are completed. A future expense that needs to be considered is the replacement of the buildings at Oceanfront Park. There may be grants available to assist with the cost. Mayor Rodriguez surmised the park impact fee funds were not growing at this time due to the economy. 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Mr. Bressner noted the Meadows/Nautica Park had been postponed indefinitely and none of the funds being used for the barrier free park were earmarked for the Meadows/Nautica Park. Attorney Cherof read Proposed Resolution R10-080 by title only to clarify the issue. Motion Commissioner Orlove moved to accept or approve Proposed Resolution R 10-080 authorizing the budget amendment for partial funding of the Congress Avenue Barrier Free Park, Phase I. Vice Mayor Ross seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Resolution R10-081 by title only. Motion Vice Mayor Ross moved to approve Resolution R10-081 authorizing a contract for specialized professional services from Charlotte Pelton and Associates for $55,000. Commissioner Orlove seconded the motion. Commissioner Holzman requested an explanation of the exact services to be provided going forward. Ms. LaVerriere responded it would be a one-year contract to continue to provide administrative support to the new Foundation, assist with the capital campaign materials, develop a web site, market that the foundation now exists, continue to develop the Board, and commence the campaign to solicit funds. Ms. Pelton added there would be extensive organizational development that would need to be implemented to make the foundation successful. There would also be a needs assessment done so the Board can focus on the next project. The motion passed. Mayor Rodriguez mentioned this was initiated and totally supported by the late Vice Mayor Ensler who would be proud of the accomplishments. Vice Mayor Ross added Henry Ensler was currently involved with the committee and new Board. B. Discussion regarding annual contribution to the Boynton Beach Child Care Center, Inc. Motion Commissioner Hay moved to reconsider. Vice Mayor Ross seconded the motion. The motion passed. 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 Mayor Rodriguez indicated the Child Care Center was a great program; however, he stressed the Commission had an obligation to be diligent and the request would adjust the current year budget that has a shortfall of $1.5 million. The next year's budget discussion would be held in July and difficult decisions would need to be made. Commissioner Hay emphasized whenever there was uncertainty on an issue it should be discussed and reviewed again. Vice Mayor Ross concurred and wanted to bring the item back for further discussion also. Commissioner Hay and Vice Mayor Ross admitted they had missed the budget amendment proposed for this Center. Mr. Bressner summarized the request was whether the Commission wanted to restore the funding for this fiscal year and provide direction for staff on funding for next year. The discussion did not include the lease which was ongoing with Palm Beach County. Historically, the City has funded the Center since 1990 in the same amount from the General Fund. The services they provide could be funded through the Community Development Block Grant monies. The Center would not be eligible for grant monies until 2011. Mayor Rodriguez developed the fact that funding for this fiscal year could be absorbed in the budget. Motion Commissioner Hay moved to restore the balance of this year's funding of $11,250. Vice Mayor Ross seconded the motion. The motion passed. Mayor Rodriguez advised he would be uncomfortable making a budget decision for the 2010/11 fiscal year before the entire budget was discussed and reviewed. Commissioner Hay agreed because he wanted more information on the possibility of CDBG or CRA funding and on the percentage of time that was dedicated to tutoring and mentoring services versus clothing, medication and those types of items. Mr. Bressner replied most of the activities were in the mentoring and tutoring that would be eligible under the Block Grant Program. Commissioner Orlove established the Center, as a 501(c)3, could do fundraising and it might be appropriate for them to develop other resources to help fund the services. There was consensus that the $22,500 should be included in the proposed budget for 2010/11 and it could be further discussed at the budget meetings. C. Discuss and schedule a special meeting or workshop to discuss the City's five (5) year General Fund and Utilities Fund Capital Improvement Plan (CIP). 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 There was discussion on scheduling the workshop for a half day in conjunction with the operating budget workshops. There was consensus the preferred date would be Monday morning, July 19 from 8 a.m. to noon. 11. FUTURE AGENDA ITEMS A. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (July 6, 2010) B. New Contract for Police Services in Briny Breezes (July 6, 2010) C. Pain Clinic Ordinance (July 6, 2010) D. Overview of City Commission Meeting card system (July 6, 2010) E. ATS (Red light camera) Contract Amendment and Resolution (July 6,2010) F. ATS (Red light camera) Ordinance - 1st Reading (July 6,2010) G. ATS (Red light camera) Ordinance - 2nd Reading (July 20,2010) H. Final approval of Climate Action Plan (July 20,2010) I. Budget Workshops - July 19-21; Library Program Room; 1 p.m. - 5 p.m. daily; including adoption of Tentative Millage Rate for FY 2010/11 and Preliminary Fire Assessment Resolution for FY 2010/11 J. Appoint members to 7 member independent Community Redevelopment Agency Board (August 3, 2010) K. Police Complex - Discussion of project timing, scope, location and funding alternatives available. (TBA) 12. NEW BUSINESS None 13. LEGAL None 14. UNFINISHED BUSINESS A. Discussion relating to pending sale of WXEL. 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 15, 2010 (Vice Mayor Ross left the dais due to a conflict of interest previously disclosed) Commissioner Orlove had requested further discussion because he wanted a separate letter to be sent to American Public Media, the proposed purchaser, requesting their presence at a City Commission meeting to reveal their plans. There was consensus that a separate letter be sent to American Public Media and attach a copy of the letter to the State Board of Education. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:33 p.m. CITY OF BOYNTON BEACH Jose Rodrigu , a~ ~o~~ ayor ATTEST: 18 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS on 0 COUNTY 0 m HER l.OCAI. AGENCY ~^ME~'rr:qAI.~~V~Th,J ~~ MY l>osn-ION IS: ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 88 This form is for us~ by any person serving at the coumy, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting contlict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office \1UST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the contlict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form "in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the contlict before making any auempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any auempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you ha~e a conflict of interest. CE FORM XB. 1-'11 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. I, MAA-LE,J€" ~S> DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ I '=> T"h. , hereby disclose that on ZQ. co ,~_: (a) A measure came or will come before my agency which (check one) ~nured to my special private gain; or _ inured to the special gain of . by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~ 1~ ~ j..'iY' ~~ ~ IV\PL,{) '1<<" e F "'" )tEL. A A-ooro \1> T,* ClT~ ~'SS-toN s~tE/f~ afvJ'-I€L. rY\A~ \Ms. A~^-l04- t.f:6A/U::,,'Nlr ~IO Date F ed . '..1 '''?d:/~Y ~ ,.., I A c::/ /~ ~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~I12.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RE~10V AL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAI'<D, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM HB. 1-91 PAGE :!