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Minutes 04-20-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, APRIL 20,2010 Present: Jose Rodriguez, Mayor Woodrow L. Hay, Vice Mayor William Orlove, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation - Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner William Orlove Mayor Rodriguez called the meeting to order at 6:31 p.m. followed by a moment of silent prayer in memory of AI DeMarco, a long-time community activist and board member in the City of Boynton Beach, who had just passed away. Commissioner Orlove led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Hay requested Item 14.A moved be forward on the agenda, prior to Public Hearings. He also pulled Item 6.G for discussion. Commissioner Holzman pulled Item 6.1 for discussion. Mayor Rodriguez pulled Item 6.E. 2. Adoption Motion Commissioner Ross moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. OTHER A. Appointment and Swearing in of Vice Mayor. Vice Mayor Hay nominated Commissioner Marlene Ross. Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 Commissioner Holzman nominated Commissioner William Orlove. Commissioner Orlove declined and indicated he supported Commissioner Ross as she had seniority on the Commission. He appreciated the nomination. Mayor Rodriguez declared, by acclamation, Commissioner Marlene Ross as Vice Mayor. City Clerk Prainito administered the oath of office to Vice Mayor Ross. Vice Mayor Ross remarked she was honored and happy to be the Vice Mayor of the City of Boynton Beach. B. Informational Items by Members of the City Commission Vice Mayor Ross acknowledged Earth Week and Earth Day and called attention to the many programs and activities commemorating the event. There was even eco art on display in the Library. She also noted the opening of Florida Career College and welcomed them to the City. She hoped adults and other students would be able to take advantage of the training offered. Commissioner Orlove encouraged everyone to visit the Library and see all the exhibits for Earth Week. He noted that he, along with Mayor Rodriguez and Commissioner Hay had participated as judges in the great Chili Cook-off sponsored by the Fire Department and the fishing tournament. Hurricane Alley had the winning chili. Commissioner Orlove announced there were two teams at Poinciana Elementary School who qualified for the world finals in the Odyssey of the Mind competition and they needed $15,000 to attend the next level of competition. He hoped sponsors could be found such as the Pepsi Foundation, and other contributions and donations to make the trip possible and support the school. Commissioner Hay noted some of the chili at the Cook-off was exceptionally hot, but he enjoyed the festivities and saw some very large fish too. He had visited the Library and the exhibits and was impressed with the talented young children in the community. Commissioner Hay had enjoyed the Neil Zirconia concert that had been held at the Civic Center. Many of the attendees remarked similar activities were needed more often. Commissioner Holzman acknowledged those residents in the Forest Park neighborhood who took part in the Great American Cleanup and encouraged all citizens to help keep the City as clean as possible throughout the year. Mayor Rodriguez agreed the fishing tournament and chili contest was a great event and he hoped it would be supported by more people next year. He acknowledged the talent of the young artists competing in the Sister Cities contest. He announced the Mayor's 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 Challenge, Commit 2B Fit walk on May 8, 2010 to fight obesity in young children. There would be entertainment along the route and a light breakfast offered. The 1.5 mile walk would be in the downtown area and community sponsored. It would begin at 8 a.m. Commissioner Hay inquired if there would be any cost to the City or the Community Redevelopment Agency (CRA) for the event. Mayor Rodriguez responded all costs would be defrayed by the sponsors and the goal was to not incur any cost to the City or CRA. Commissioner Hay suggested, in the future, the Mayor discuss such events with the entire Commission before launching the program. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present a Proclamation recognizing May 2 - May 8, 2010 as Municipal Clerk's Week. Mayor Rodriguez read the proclamation for Municipal Clerk's Week, May 2 thru May 8, 2010 and presented it to City Clerk, Janet Prainito. Mrs. Prainito thanked the Commission and Mayor for the recognition. Mayor Rodriguez commented the City Clerk's office provided a vital service to the Commission and the City and thanked them for their assistance and support. B. Present a Proclamation celebrating Silver Star Service Banner Day - May 1, 2010. The Silver Star Service Banner proclamation was read commemorating those who gave freely to assist the Armed Forces wounded and their families for their sacrifices. May 1st was designated to honor those who have given so bravely to protect the freedoms of all. 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) Steven Waldman, 41 Sausalito Drive, Chair of the Education and Youth Advisory Board, spoke about the Odyssey of the Mind winning team that had won the State competition and had previously won the World award. Donations were needed and he encouraged as much support as possible. He stressed Boynton Beach should be very proud of the team. Gloria Gibson, After-Care Director at Poinciana Elementary School, indicated this was the seventh trip to the world level competition representing Boynton Beach. The school is a magnet school and boasted two world championships. The competition is held in 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Michigan and it offers some students a travel experience they would not otherwise realize. It was more than just competition; it was a reward for their hard work. Frank Dinnino, 2445 Quantum Boulevard, noted he had spoken at the last meeting regarding the pill mill near his business. He did not understand how the pain clinic was allowed to open when a chiropractor and two other businesses were denied. The focus should be on the greater good for the City rather than the harm that could come to patients of the pill mill operation. The activities that were ongoing in and around the pain clinic was inappropriate and he sought help from the City. Lloyd Millanise, 3444 Old Germantown Road, Delray Beach, owned two properties along NW 3rd Avenue and was plagued with individuals dumping items on the property. He had been cited twice. Mayor Rodriguez advised it was unfortunate, but it was ultimately the responsibility of the landowner to maintain the property. He suggested the police be contacted when dumping was taking place and Mr. Millanise remain vigilant in keeping the lots clean. Eloise Gilbert advised she did not want to close an internal affairs investigation that was pending in the Police Department and requested a meeting. Mayor Rodriguez had inquired about the investigation and suggested she speak with Chief Immler. Herb Suss, 1711 Woodfern Drive, acknowledged a new restaurant had opened in the Oakwood Plaza called Kay's serving breakfast, dinner and lunch. Mr. Suss requested that the Principal of Galaxy Elementary School be allowed to give a presentation on the new school to be constructed. Mayor Rodriguez agreed. Melvin Wexler, 1625 Casa Loma Boulevard, noticed a sign advising a gun shop was opening on Boynton Beach Boulevard. Mayor Rodriguez was aware a gun shop had been proposed and his investigation revealed it was a legal business, conformed to all zoning and it was a reputable gun dealer. He noted Sports Authority, Walmart and other retailers sold guns in the City. Mack McCray, 806 NW 4th Street, spoke on behalf of Poinciana Elementary School and urged the Commission to lend some financial assistance to the school and their goal to be World Champions representing the City of Boynton Beach. Willie Aiken, 726 NE 4th Street, had requested assistance with a drainage issue at NE 1 st and 6th Avenue. Although the City had worked on the manholes, the issue was the lack of drain off in the area. Heavy rains and hurricanes cause significant damage and further resolution was needed. Lori Wilkinson, a member of the Education and Youth Advisory Board reiterated the request of Mr. McCray and Mr. Waldman to assist the Poinciana Elementary School and the Odyssey of the Mind competition. It was very worthwhile. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 No one else coming forward, Mayor Rodriguez closed public audience. Commissioner Hay commented there needed to be consistency and comments allowed from the Commissioners as well as the Mayor on issues brought before the Commission during Public Audience. Commissioner Orlove mentioned there was legislation going through Tallahassee relating to pain clinics. A proposed bill in the House and one in the Senate did not totally address the concerns. It was a State regulatory issue with many elements from police involvement, doctor's input, medical needs and prosecutorial aspects. Chief Immler agreed that the pending legislation did not fully regulate the issues, especially the mass distribution of narcotics. The type of cases being taken to the State Attorney's office are very difficult to prove and requires extensive investigation and warrants. The task force established through the Sheriff's office was created to address those issues. He advised the ultimate remedy would need to come from the Health Department and more stringent regulations on mass distribution of narcotics from pain clinics. Mr. Bressner advised the House Bill had been pulled from second reading pending the Senate Bill coming out of committee. The Senate version was more a regulatory process. Chief Immler added all internal investigations within the Department are conducted according to the Statute that delineates the procedure. Each complaint is taken through the entire process and once a decision has been made, the complainant would receive notification of the result and invited to review the file. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Holzman nominated James Bowman as an alternate on the Veterans Commission. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to table the remaining appointments. Vice Mayor Ross seconded the motion. The motion passed unanimously. B. Appoint an eligible member of the community to serve on the Historic Preservation Ad Hoc Committee. 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 Although Commissioner Holzman did not have an applicant to appoint, he did feel an appointment to fill the vacancy was appropriate. City Clerk Prainito explained the four original applicants that had not been appointed were contacted. Two continued to have an interest in being appointed, one was undecided and one did not respond. Commissioner Orlove felt another member would be beneficial, but more time was needed to review the applications. Vice Mayor Ross noted of the two applicants still interested, only one was a resident of the City of Boynton Beach. Barbara Ready, member of the Historic Preservation Ad Hoc Committee, commented all interested parties were welcome to participate and attend the meetings. She suggested tabling the appointment would be appropriate to investigate the applicants further. At this point, Ms. Ready did not feel another member was necessary. Motion Commissioner Holzman moved to table the appointment. Commissioner Orlove 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. A. Approve the Minutes from the City Commission meeting held on April 6, 2010. B. Approve renewal of Environmental Impairment Liability (ElL) insurance coverage through Endurance American Specialty Insurance Company for three-years for $67,924, at annual premium of $22,642. C. Authorize the City Manager to enter into an Urban Communities Forestry Grant Memorandum of Understanding between the City of Boynton Beach and the Florida Department of Agriculture and Consumer Services for the South Seacrest Streetscape project, if awarded. D. Accept the monthly report on the major projects being completed by the Recreation and Parks Department. E. Accept the written report to the Commission for purchases over $10,000 for the month of March 2010. Mayor Rodriguez had pulled this item for discussion. He questioned the necessity to spend $21,000 for more shelving when millions had just been spent for the new Library. 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Craig Clark, Library Director, advised the purchase was for display cases that were found to be needed after assessing the need to display artifacts, rare books and traveling exhibits. They need to be locked and good quality to last for many years. It was part of the original plans and the funds had been set aside to evaluate the need before the actual selection was made. The monies would come from the donations account and not the general fund. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. F. Approve expenditure from the department's Law Enforcement Trust Fund (State Forfeiture) in the amount of $12,000.00 for donation to the Youth Violence Prevention Program. G. STAFF IS RECOMMENDING THIS ITEM BE PULLED FROM THE AGENDA AT THIS TIME - PROPOSED RESOLUTION NO. R10-042 -- Approve Addendum #1 to Lease Agreement between the City of Boynton Beach and the Boynton Beach Child Care Center, Inc. This is due to ongoing discussions with Palm Beach County staff. Commissioner Hay had pulled this item for discussion. Contrary to staff recommendations, he wanted the lease to continue. The Child Care Center had been in the City of Boynton Beach for over 40 years and done an exceptional job. Ms. LaVerriere outlined the current arrangement that the City had a lease with Boynton Beach Child Care Center Inc. that has sub-leased with Palm Beach County to run the Head Start Program at the facility. The County no longer wanted to be a sub-lessee due to Federal funding issues. It was suggested the City lease directly with the County and a proposal was being drafted. In so doing, the County would take over greater responsibility for maintenance of the facility, saving the City $15,000 to $20,000 a year. The County was doing internal adjustments with Ms. Rahming and the Boynton Beach Child Care Center, Inc. The lease before the Commission would not apply under the new arrangement. Ms. Rahming is a County employee and Director of the Head Start program at the facility along with the Boynton Beach Child Care Center Inc. non-profit organization. Mr. Bressner discussed the situation and advised he thought the Commission should look at the new arrangement as an alternative, as long as the children were taken care of and there was transparency. Commissioner Hay voiced concern that a change in the ultimate control of the facility could result in the lease not being renewed in the future. The children would suffer from the loss of an organization that has been in the community for almost 50 years. 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 Ms. LaVerriere noted the terms were a five-year lease with an option of one, five-year renewal. County staff indicated in all other cities they are the lessee of the facilities for the program. The issues between the Boynton Beach Child Care Center, Inc. were being addressed. Attorney Cherof explained if the item were tabled there could be no input from the public. If the item would be removed from the agenda or approved then the public could be afforded the opportunity to speak. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Commissioner Holzman clarified that the lease before the Commission would be moot because the County would not enter into an agreement as a sub-lessee. Ms. LaVerriere stressed the County did want to continue the Head Start program and that was their primary purpose. She was not aware of the issues between the Boynton Beach Child Care Center, Inc. and the County. Commissioner Orlove wanted to hear from Ms. Rahming and her concerns. Lena Rahming, 235 NW 10th Avenue, advised she had many concerns and the Child Care Center had always had a good relationship with the City for many years. There were many programs going on in the building, such as after-care programs, utility bill payments accepted, food" drives and other activities that would no longer be allowed. Ms. Rahming contended she had not been in negotiations with the County, but had been accused of "double-dipping" and getting monies from the County and the City. There had been no complaints from the County or City regarding the Boynton Child Care Center. The building was available for the community to use and many services were provided to the citizens. Ms. LaVerriere requested further time to fully develop the situation and understand the changes proposed. Mayor Rodriguez clarified it would be status quo until there is an agreement reached between the parties. Mr. Bressner apologized for not being available to return Ms. Rahming's phone calls, but he had been out of the office the entire previous day. He did agree to have a joint meeting with the County personnel and Ms. Rahming to determine the issues. If the proposal from the County restricted the uses for the ancillary services being offered, it would be a policy issue for the Commission to resolve. The services currently being provided do benefit the community, but need to be done in a way so as not to jeopardize the core purpose of the building, being the Head Start program. Commissioner Hay inquired if Ms. Rahming would be satisfied by being included in any discussions. Mr. Bressner cautioned he could request her participation, but as an employee of the County, he could not dictate her presence at the meeting. 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 Ms. Rahming argued the comments being made were untrue and she had maintained reputable programs and maintained all the services and programs that were offered at the site. She contended it was a power struggle and that the Boynton Beach facility was the best in the County. Mayor Rodriguez assured Ms. Rahming there were no complaints or contradictions regarding the excellent work she had done. Commissioner Holzman reiterated the Mayor's remarks and noted the Commission was not aware of any issues and should not enter into an agreement without fully understanding the concerns and proposals. Commissioner Orlove inquired if the additional services being provided were allowed by the City. Ms. Rahming asserted if the County took over the building it would be the end of Boynton Beach Child Care Center, Inc. She repeated the change was motivated by a power struggle. If the new arrangement would be detrimental to the citizens of Boynton Beach, then the savings of $12,000 or more would not be worthwhile and the new arrangement should not be pursued. Commissioner Hay inquired about the impact on Boynton Beach, if the City did not have the County's support. Mr. Bressner would not speculate on the impact if the Head Start program was not certified to go forward. Ms. LaVerriere added the County provided 100% of the Head Start programming in the facility and if the County withdrew the program would be gone. Mickel Jones, an attorney, supported the Commission moving forward with the current arrangement because the City knew Ms. Rahming was the best person to manage the facility and the programs and services currently provided. He alleged the County could revisit the issue next year and return the expenses to the City. Motion Commissioner Holzman offered a motion to table for further discussion with the City Manager, Ms. Rahming and County Administration. Commissioner Orlove seconded the motion. The motion passed 3-2 (Vice Mayor Ross and Commissioner Hay dissenting) . H. PROPOSED RESOLUTION NO. R10-043 - Approve the agreement with the Boynton Beach Community Redevelopment Agency for $294,000 to renovate the 1913 Schoolhouse Children's Museum which includes a 1 % administrative fee to be retained by the CRA. I. PROPOSED RESOLUTION NO. R10-045 - Approve a Memorandum of Understanding (MOU) with the SEIU FPSU White Collar Bargaining Unit providing a waiver by the City to recoup any monetary benefit paid to a White Collar bargaining unit member under the status quo Collective Bargaining 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 Agreement which is inconsistent with the new benefit levels established and which could otherwise be recouped. Commissioner Holzman had pulled Item I. for discussion. He understood the contract had been negotiated and concessions were made by both sides. The MOU was brought back because the issue had not been addressed during the negotiations. Sharyn Goebelt, Director of Human Resources, agreed the contract had been negotiated in good faith. Two articles had been opened by the union, wages and insurance, which had gone to impasse. After the fact, the MOU was requested. Commissioner Holzman inquired if there had been any offer of additional concessions to offset the $55,000. Ms. Goebelt advised only the one concession had been requested. Mayor Rodriguez commented the issues had been resolved and the negotiations concluded. He recalled the union was not prepared at the impasse hearing and had provided no data to support their claims. In his opinion, the union had done a poor job of representing the employees and he would be in favor of retrofitting the adjustment. Motion Commissioner Holzman moved to deny the Memorandum of Understanding. Mayor Rodriguez passed the gavel to the Vice Mayor and seconded the motion. Commissioner Orlove inquired if the $55,000 deficit to the City had been budgeted. Attorney Cherof explained it had been budgeted going forward under the status quo of the contract. In the bargaining process, it was not factored in as a cost and not discussed during the impasse process that was a public meeting. The employees, through the union, agreed to absorb the cost. The matters had been resolved using the impasse process and agreement included the employees repaying the cost. Brian Edwards, 629 NE 9th Avenue, recalled he had spoke during both the blue collar and white collar impasse hearings and thought the tapes of those proceedings should be reviewed. He recalled there was a brief comment made that there would be no recoupment. Attorney Cherof recalled the recoupment was part of the blue collar negotiations and impasse proceedings. It was an issue that was discussed at the bargaining table. Mr. Edwards reiterated he remembered discussion that the white collar would be treated the same as the blue collar workers. Carl Booth, SEIU representative, agreed the discussion was with the blue collar and after the impasse decisions he had been approached by some white collar members to bring the issue back before the Commission as a fairness issue between white and blue collar unions. 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Commissioner Orlove understood if the MOU were approved, the language in both contracts would be the same. Mr. Booth advised the white collar and blue collar contracts would have different language. Mayor Rodriguez voiced his concern that the negotiations were to be independent of each other and not co-mingled. The negotiations were finalized and agreed upon. Commissioner Holzman echoed Mayor Rodriguez's views and added the white collar union had every right to ask for the non-recoupment of the monies and failed to do so. Coming back to this point would be disingenuous and the fairness argument was not valid. Mr. Booth remarked the white collar impasse was declared at the bargaining table. The blue collar went to a vote of the members and then back to negotiations and could not be resolved. The blue collar had a longer period of time to analyze the entire contract. Mayor Rodriguez stressed a report on the current budget will indicate the City is in a $1 million shortfall. It is important that agreements being made are honored. Herb Suss, 1711 Woodfern, opined, if there was an element of doubt, it should be investigated before any decision would be made. The motion passed 3-2 (Vice Mayor Ross and Commissioner Hay dissenting). Mayor Rodriguez recessed the meeting at 8:20 p.m. Mayor Rodriguez reconvened the meeting at 8:27 p.m. (Item 14.A was discussed at this time.) 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. Attorney Cherof administered an oath to all those intending to testify and gave a brief overview of the procedure to be followed. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 A. Approve a one (1 )-year site plan time extension (SPTE 10-004) for Boynton Vistas Phase II, Major Site Plan Modification (MSPM 07-004) Development Order, located at 419 South Circle Drive, approved on May 20, 2008, thereby extending site plan approval from November 20, 2009 to November 20, 2010. This item was tabled at the March 16th meeting and must therefore be removed from the table to allow for discussion and action to be taken. Applicant: Jeff Wolff, Boynton Vistas, Inc. Kathleen Zeitler, Planner, reviewed the site plan extension and major site plan modification request for Boynton Vistas Phase II. She located the property and indicated Phase I included 12 units and Phase II would add 7 units and office. The request was made based on additional time for financing construction cost. The expiration of the site plan would be extended to November 20, 2010. Staff recommended approval with an updated traffic concurrency approval and three conditions of approval. There were no questions by the Commission. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Jeff Wolff, Applicant, indicated he agreed with the conditions of approval. The motion passed unanimously. B. Approve the Macia Marin Medical Building site plan (NWSP 10-003), located at 115 SE 4th Street, consisting of an 8,576 square foot, 2-story medical building and related site improvements in the CBD zoning district. Applicant: Macia Marin Family Limited Partnership. C. Approve the abandonment of a portion of SE 1 Avenue between SE 4th Street and the FEC Railroad. PROPOSED ORDINANCE 10-007 - SECOND READING. Ms. Zeitler presented the site plan and abandonment together. She located the property, a two-story medical office building. The existing structure would be demolished and replaced with a new medical building. Urban design guidelines would require the building to be set close to NE 4th Street, nine feet from the street. The applicant agreed to share parking in the Central Business District (CBD) zoning district with 22 parking spaces. Waivers for the loading zone and dumpster had been received. The building would include a partial third floor for a private library. Staff recommended approval with 19 conditions. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Julie Shiff, Architect and Planner for the project, was present and introduced Rose Marin, one of the owners and Allan Hendricks, the landscape architect. The conditions of approval for the abandonment and new site plan were accepted by the applicant. Ms. Shiff reviewed the proposed site plan and important features. There would be one entryway to the first floor and a second to an elevator to the second floor. A bike rack would be included; a cistern to collect water for irrigation, use of reclaimed water and solar panels would meet the green requirements. The public art fountain would be along 4th Street. Various elevations were displayed of the entire building. The colors of the building were based on the Coastal Village theme. The use of glass in the entryway was a metaphor for wellness. Ms. Zeitler pointed out there would be vegetation on all sides of the building with the exception of the area that involved the covered parking. Mayor Rodriguez added there is a potential restaurant to be built immediately north of the project. Mr. Hendricks reviewed the landscape plans that included vegetation along the street with a layered affect between the proposed restaurant and the medical building. The project would strengthen the urban fabric of downtown Boynton Beach. Commissioner Orlove commented he appreciated the solar power and cistern to attempt to keep things sustainable. Ms. Zeitler added the conditions of approval for the abandonment needed to include that the owner acquire the south 20 feet from BellSouth once abandoned, or have a long-term lease with BellSouth for the use of the property for a parking lot. Ms. Shiff accepted the condition of approval. Motion Commissioner Holzman moved to approve with the additional condition. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Mayor Rodriguez closed the public hearing and called for a vote. The motion passed u nan imously. Attorney Cherof read Proposed Ordinance No. 10-007 by title only on first reading. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 D. Approve a code amendment (CDRV 10-001) to add ItAmusement Arcadeslt to the C-2 (Neighborhood Commercial) Zoning District as conditional uses, to include size and locational restrictions, and the amendment of an existing definition. Applicant: City-initiated. PROPOSED ORDINANCE 10-008 - FIRST READING. Ed Breese, Principal Planner, explained the amendment had been changed to Amusement Arcades rather than Adult Arcades to eliminate any perception of adult entertainment establishments and to align with State Statutes. Amusement Arcades are currently allowed in C-3, Community Commercial and C-4, General Commercial and Planned Commercial Development zoning districts under the heading of Indoor Recreational Facilities. They are typified by video arcades and pinball machines. The new trend includes playing of a game or machine to receive points or coupons that can be redeemed for non-cash prizes. Police records indicate the uses have not had above average calls for services. Staff recommended the use be treated as a conditional use in a C-2 zoning district so any impact can be evaluated on a case-by-case basis. The use should only be allowed on parcels abutting arterial roadways and in multi-tenant centers to prevent any impact on residential properties. Staff recommended approval with the added conditions. Attorney Cherof read Proposed Ordinance NO.1 0-008 by title only on first reading. Motion Commissioner Orlove moved to approve. Commissioner Holzman seconded the motion. Commissioner Orlove inquired about the location of the proposed new business. Mr. Breese replied the location was on Woolbright Road in the small plaza at the corner of 8th Street. Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT A. Proposed Conversion of Current Vehicle Towing Rotation Program to Franchise Agreement Program. Mayor Rodriguez requested a report from the City Attorney on the information that had been supplied at the last meeting. Attorney Cherof reported the papers did not include anything that had any application to the City of Boynton Beach or any other City in Florida, which would operate to prohibit towing as a franchise. Mayor Rodriguez gave the background that the Commission had approved the franchise situation and the item 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 was tabled for review of documentation submitted. Lori LaVerriere, Assistant City Manager, advised the direction had been for a franchise fee with seven vendors. Staff found it would be doubtful that tow companies would want to participate in such a program and would not recommend moving forward with that type of model. She reiterated the original recommendation for the Commission to go with an exclusive franchise agreement or non-exclusive with possibly two or three vendors as a revenue source for the City. Ms. LaVerriere stressed that with two or three vendors there was no way to control the number of tows and it may not be equitable for each to pay the same franchise fee. Commissioner Holzman recommended an RFP be issued without limiting the numbers and see what the market would dictate. Ms. LaVerriere replied the vendors would not have a basis to calculate their franchise fee because the amount would change if they were exclusive or shared with two or even three vendors. It would result in lower franchise fees being bid. Commissioner Holzman favored option B with some sort of way to establish a market value without limiting the number of vendors. Commissioner Hay supported option B. Commissioner Orlove agreed with Commissioner Holzman, but opted to support option B. Vice Mayor Ross wanted option C. According to Attorney Cherof, another option would be to not specify the number of responders to be selected. It would result in establishing the fair market value and then the decision can be how many to select. Ms. LaVerriere reported the full RFP had not been completed as yet. Mayor Rodriguez wanted assurances that the RFP would encompass all aspects of the City's towing needs. The recommendation was that all City tows be free which was an industry standard. Motion Vice Mayor Ross moved to approve option B, except modify the statement, and after the phrase, II . . . for our towing business." and delete the rest per the City Attorney. Commissioner Orlove seconded the motion. The motion passed unanimously. Dan Miller, representing Eastern Towing and Dave Floering, attempted to comment and Mayor Rodriguez explained there was no public comment permitted on City Manager Reports. Mr. Miller persisted and indicated Mr. Floering had been sent a letter inviting him to participate in the discussion by the City Manager's office. Mayor Rodriguez understood they were invited to come, but the criteria is clear and there would be no public input. Attorney Cherof explained the rules are published with the agenda package, there is no public comment allowed under the Report section of the agenda. The Commission rules do not permit input notwithstanding the letter. B. Review staff recommendation concerning residents/volunteers serving on more than one Advisory Board and permit staff to conduct further review of the City's Advisory Board program. 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Ms. LaVerriere indicated survey results revealed that most municipalities do not allow dual service on boards. Some did, with the caveat of serving on only one quasi-judicial board. Staff made that recommendation. Commissioner Orlove appreciated staff's thorough review and he agreed with having diversity on the boards. He suggested that a regular board member could only sit as an alternate on another board giving more of any option for diversity. Commissioner Holzman supported the suggestion. Mayor Rodriguez thought the limitation would defeat the purpose of serving on two boards. Commissioner Orlove pointed out alternates are often given the opportunity to vote and are active participants. Commissioner Hay supported the concept of a regular member on one board and an alternate on the other, except quasi-judicial boards. Commissioner Orlove pointed out that all the vacancies are for alternates. Mayor Rodriguez reiterate his position that by limiting the participation it would not impact filling seats. Motion Commissioner Holzman moved to approve the recommendation of Commissioner Orlove that the individual sit on one board and then only as an alternate on another. Commissioner Hay seconded the motion. The motion passed 4-1 (Mayor Rodriguez dissenting). Ms. LaVerriere sought approval to move forward with an overall review of the advisory board program, their purposes, effectiveness, the need and complete an overview. There was consensus to allow staff to continue the review. C. Approve a proposal from Academy Roofing & Sheet Metal Co. for the installation of a temporary rubber roofing system at the Old High School in the amount of $18,800. Jeff Livergood, Director of Public Works and Engineering, reported the Old High School had a leaking roof over the gymnasium and the City had installed a very inexpensive tarp over the roof. The tarp did not last. The proposal would provide a better roofing system over the old roof, particularly over the gymnasium. The entire roofing system would need to be replaced when the building is renovated. There would be an alternative of doing nothing. He advised the aesthetics and value of the building to many is the exterior. The interior would require extensive renovation. The proposed roofing would not extend the life of the building. The floor in the gym was already totally rotten. In Mr. Livergood's opinion the roof would not save anything in the interior. If nothing was done the floor would get worse, but it is not in a condition that can be renovated. It will have to be replaced regardless of any further damage. The funds would be taken out of small scale projects. The project was not budgeted. Vice Mayor Ross recalled a recommendation had been made that the roof had to be stabilized. Mayor Rodriguez added it would be some time before the building is renovated and he 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 supported the rubber roofing system be approved. Commissioner Orlove agreed as it was sending a signal to the community the City would preserve the building. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed. D. Review of the first draft outline of the City of Boynton Beach Climate Action Plan, presented by Consultant CDM. Debbie Majors, Grants Coordinator, asked the Commission to listen to the presentation and offer any input or changes that could be made to the final plan to be adopted in July. She introduced Dr. Patrick Gleason who reviewed the draft of the Climate Action Plan. A copy of the PowerPoint presentation is attached to the minutes and available in the City Clerk's office. Commissioner Orlove appreciated the presentation and applauded staff for moving forward with their efforts. Mayor Rodriguez apologized for rushing the presentation and assured Dr. Gleason the Commission would take action on the plan. E. Staff presentation of Neighborhood Stabilization Program (NSP) Work plan. Commissioner Holzman questioned why the properties to be purchased were not listed in the plan. Mayor Rodriguez did not think it was possible to list them in the plan. He noted there was no timeline or dates in the plan. The plan was a list of activities with no completion timeframe. Mayor Rodriguez advised he had received a letter from HUD indicating no monies had been expended and the City was at risk of losing the allocation. Quintus Greene, Development Director, explained he had prepared a chart to outline the steps necessary to implement the project. Key dates were identified that needed to be met. He estimated 12 to 15 properties would be purchased and they would require some degree of rehabilitation. The steps to be taken and the timeframes required, in terms of the implementation of the project and events in the schedule, were reviewed. The critical path was identified to run through environmental and historical review that would be sent to the Department of Community Affairs. The City would have no control over their response. The significance of the dates reflected in the chart were explained. He anticipated all of the funds necessary to rehab the properties would be encumbered to meet HUD's deadlines. Offers have been made on eight properties. Four acceptances had been received. Five of the properties were in District II and three in District IV. Funds totaling $275,400 have been encumbered. There was no doubt the project could be completed during the required timeframe. The location of the homes could be provided; however, none had closed as yet. Mr. Greene emphasized the 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 project continues to 2013. The purchase prices have been just below the asking prices. Monthly reports would be made on the pending sales, closings and progress report. F. Discuss the Budget Status Report of the General Fund and the Utility Fund for the six (6) month period ended March 31, 2010. Motion Vice Mayor Ross moved to table Item F. Commissioner Hay seconded the motion. The motion passed. 11. FUTURE AGENDA ITEMS A. Follow-up report from Development Department on NSP Program and CDC Performance - Note this will be a monthly status report the first meeting of the month. (May 4, 2010) B. Resolution for Interlocal Agreement with CRA for NSP funding program. (May 4, 2010) C. Follow-up report on status of agreement between Boynton Beach and Palm Beach County Fire-Rescue for fire rescue coverage in three barrier island enclaves near Briny Breezes. (May 4,2010) D. Proposed Resolution for Interlocal Agreement for Emergency Water Interconnect with Town of Manalapan (May, 4,2010). E. Follow-up Staff Report on Pain Management Clinic Regulations (May 4, 2010) F. Resolution for Third Amendment to Interlocal with CRA for Cost Sharing Allocation for Southeast 4th Street Improvement Project (May 4, 2010) G. Staff follow-up report on Emergency Medical Service Billing changes and clarification of collection reporting options. (May 4, 2010) H. Interlocal Agreement between the City and CRA designating the CRA as a sub- recipient of $400,000 from the Neighborhood Stabilization Program (NSP) (May 4, 2010) I. Capital Improvement Status Report - Initial City Commission review of 2010- 2011 Capital Improvement Budget (General and Utilities) and Five-Year Capital Improvement Plan (May 18, 2010) J Police Complex - Discussion of project timing, scope, location and funding alternatives available. (TBA) 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 12. NEW BUSINESS A. Request for Commission to conduct a preliminary review of a potential amendment to the Land Development Regulations intended to allow low voltage electric security fencing, inside perimeter fencing, in the M -1 (Industrial) and PID (Planned Industrial Development) zoning districts, and provide staff with desired direction. Mr. Breese explained the proposed change to the Land Development Regulations to allow for additional security measures for industrial businesses. A business within the City had requested to install a low-voltage type fence as a theft deterrent. Staff had met with the applicant to assure all safety measures were in place and there would be no danger to passers-by. The Police and Fire Departments have reviewed the proposal and have no objections. The fencing has been approved in several other municipalities. If approved, staff would complete the staff report and forward the matter to the Planning and Development Board and then submit it to the Commission in ordinance form. Motion Commissioner Orlove moved to ask staff to review. Commissioner Holzman seconded the motion. The motion passed 5-0. B. Discussion regarding SB 6 - Teacher Merit Pay - Resolution in opposition to legislation. Request of a member of the City Commission. Commissioner Orlove explained the issue had been in the Legislature and he felt it was important to show the Legislature that the City of Boynton Beach appreciates the work of the teachers who live and work in the City. The Commission should support the Governor's veto of the bill and hope it is properly vetted in the future and educators are included in the discussion of merit pay. The Resolution addresses any future action by the legislation. He applauded staff for their assistance in the matter. Commissioner Hay indicated the point was the City was taking a position on the matter. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Mr. Bressner indicated the Resolution would be sent to the legislative delegation and the Governor's office. The suggestion would be for the Governor to move the discussions to a different arena with a more positive response. The motion passed. 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 13. LEGAL A. PROPOSED ORDINANCE No. 10-009 - Forming a Financial Advisory Committee. Discuss and approve Ordinance on first reading. Attorney Cherof read Proposed Ordinance NO.1 0-009 by title only on first reading. Motion Commissioner Hay moved to approve. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. UNFINISHED BUSINESS 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 two additional members of the 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. Mayor Rodriguez suggested an organized process to address the matter. First, the application process be reviewed. Second, discuss the selection process. Third, decide the number of members and fourth, establish a timeline to implement the plan. Public input would be taken at the conclusion of all the discussions. Commissioner Orlove preferred public comment be taken on each step or begin with the public comment. There was consensus to proceed on each topic as outlined and have public input on each. Commissioner Hay had brought the item forward on the agenda and indicated he had several concerns with pushing the item along. He admonished it was an open discussion and he would comment when he felt it was necessary rather than on rotation. Attorney Cherof advised comments could be made once the Chair recognized the member of the Commission wishing to speak in the order the Chair establishes. Commissioner Hay stressed each Commissioner had an equal voice in the process and that should be respected. On the application, Commissioner Holzman had no comments. Commissioner Hay inquired why the question about contacts of the applicant with Commissioners had any relevance. Mr. Bressner replied the questionnaire had been created in 2009 by members of the committee established and based on applications gathered from other municipalities. Attorney Cherof added it was viewed as a transparency issue. 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Commissioner Orlove agreed with the application and Vice Mayor Ross concurred. Mayor Rodriguez suggested ownership of property within the City rather than just the CRA area should be added. An additional question on the application should relate to what specific skill sets that were established the applicant possessed. The skills sets could be listed with check boxes for the applicant to select as appropriate. Commissioner Orlove noted the skill sets were only recommended and not required. There could be applicants without any of the skill sets that would have value on the Board. Mayor Rodriguez felt an area should be included for the applicant to provide any skill sets they felt would make them a viable candidate. Commissioner Holzman opined the point was to identify skill sets rather than occupations. Commissioner Hay cautioned the constraints should not be so tight to eliminate or limit the number of candidates and the quality of the candidates It was agreed the question relating to identifying three development issues should not include the applicant's recommendation on the issues. Mayor Rodriguez further recommended a statement recognizing conflict of interest issues should be included. Attorney Cherof advised the Board members were restricted by law and those types of conflict of interest are prohibited. The Commission on Ethics standards would be included. Mr. Bressner noted an explanation of conflict of interest was included in the application. Commissioner Holzman contended additional language would force the candidate to agree to the standards. Attorney Cherof agreed to create an acknowledgment and agreement on the standard. Lastly, Mayor Rodriguez suggested the qualifications to serve on the board should be further restricted. Attorney Cherof advised the language was according to the State statute on who could serve on the Board. Motion Commissioner Holzman moved to accept the modifications as presented. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public comment. Buck Buchanan, 807 Ocean Inlet Drive, commented an individual's knowledge and experience with the CRA and the City would be an important qualification. He also admonished the skills sets should not be tightened to the point that any engineer or architect in the City would be eliminated. Commissioner Orlove noted there was a section for input on community involvement. Kevin Ballard, 3365 Ocean Parkway, questioned if the qualifications specified in the application had ever been required for the previous Board members. He contended residents within the CRA district who had a genuine concern for the development in the area should also be considered. Willie Aikens, 726 NE 1st Street, inquired if the same weight would be given to the applicants who did not possess the specific skill sets. He felt the application's reliance on specific skill sets would discourage many from even applying for the Board. Mr. 21 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Aikens further questioned if a Board member's residency changed or business changed would they be removed from the Board. Attorney Cherof replied it would be the same standard if a Commissioner moved from the City, they would have to resign from the Board. Victor Norfus, 261 N. Palm Drive, wanted assurance the application addressed the issues that resulted in the removal of the previous Board. Terms limits were not discussed and the applicant should have that information before they apply. Motion Commissioner Holzman moved to add to the previous motion and application a term of office. Commissioner Hay seconded the motion. The entire motion passed unanimously. The next issue was the selection process. Mr. Bressner had assumed the process used to appoint members to any of the other Boards would be followed. The committee had not addressed the issue. Mayor Rodriguez suggested each Commissioner rank each application and the results would ultimately select the Board members. Mr. Bressner recalled the rotation process had been utilized, but noted if used for a seven-member board two of the Commissioners would have two appointments and the other three only one appointment each. The rotation methodology may not be appropriate at this time. Commissioner Holzman did not feel a rotation process was adequate and agreed with the ranking suggestion. All members of the Commission would have equal input into the final selection. Commissioner Hay suggested a committee be established to review the applications and make a recommendation of the entire slate of members to be appointed. The Commissioners could then vote on each name recommended by the committee. Mayor Rodriguez indicated the ranking of the applications could also require that the entire Commission vote on each applicant to be appointed. Commissioner Hay suggested the committee submit a short list and then the ranking be done and ultimate voting on each applicant by the entire Commission. The recommendation of the committee would be advisory only. The ultimate decision would rest with the Commission. Commissioner Holzman felt it was important for the Commission to review each and every application and make its own determination. The added level of review would slow down the process. Mayor Rodriguez contended the committee rankings would add a different perspective to the selection process. Commissioner Hay stressed the staff had more time and more knowledge to evaluate the applications and he had complete faith in staffs ability to assess the applications and make recommendations. It was agreed the committee and Commission would review and rank all the applications with the aggregate scores being tabulated. The potential members of the committee were discussed. Mayor Rodriguez contended it would be a conflict of interest to have the CRA Executive Director participate in selecting the Board that would ultimately govern the Agency. Commissioner Orlove felt input from the CRA was needed and it would only constitute eRe a quarter of a vote. Commissioner Hay did not see any hindrance in having CRA staff participate in the 22 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 selection. Commissioner Holzman disagreed and asserted there was an inherent issue to be overcome having CRA input on the ultimate selection of the Board. Vice Mayor Ross concurred with Commissioners Orlove and Hay that the CRA should have a voice. It was agreed Quintus Greene, Kurt Bressner, Lisa Bright and Glenn Jergensen serve as the committee. City staff would produce a scoring system to be utilized. Motion Commissioner Hay moved to have City staff create the ranking system to be done by the Commission, City Manager, Development Director, Executive Director of the CRA and the Executive Director of the Chamber of Commerce. Vice Mayor Ross seconded the motion. Mayor Rodriguez opened the issue for public comment. Brian Edwards, 629 NE 9th Avenue, suggested a three or four-month timeframe should be added to the selection process. He did agree with the use of a panel, because he could see there may be a conflict with the Commission selecting the members, if the Board is to be a truly independent Board. Attorney Cherof confirmed the selection was a statutory responsibility of the Commission that cannot be delegated. Victor Norfus, 261 N. Palm Drive, suggested the candidates be pre-qualified and their names placed in a pool for selection through the normal rotation. A process for removal should also be outlined so it is clear for those appointed. Mr. Norfus did not agree with the CRA staff having input on the selection. Attorney Cherof added there was a provision for removal in the Statute. The criteria was inefficiency, neglect of duty, misconduct in office and the opportunity for notice and hearing. Herb Suss, 1711 Woodfern Drive, strongly opposed any member of the CRA staff being involved in the selection of an independent Board. He also had a problem with some of the members of the committee not living within the City. Lance Chaney, 4312 Pomelo Boulevard, had concerns that the selection process did not include a voice from the community. Mayor Rodriguez pointed out three members of the Commission lived in the CRA district and the community would be well represented. Mr. Chaney countered it was not a layman's voice that should be considered. Glenn Jergensen, Executive Director of the Chamber of Commerce, contended the layman's voice may be the Chamber of Commerce representing the businesses within the City. Mayor Rodriguez inquired if there was any other individual who could participate rather than a CRA staff member. Transparency was essential. Mr. Bressner contended it was a Commission decision. He surmised it would probably be another staff member, but 23 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 did not offer a name. Vice Mayor Ross suggested a community activist from the CRA district. A CRA Director from another jurisdiction was suggested. Commissioners Orlove and Hay were not in favor of an outsider. Commissioner Orlove stressed the individual would have a diminished vote, but someone outside the City would not be familiar with the needs of the City of Boynton Beach. Mayor Rodriguez argued it was the perception that was worrisome and further, all CRAs operate under the same guidelines by Statute. Commissioner Orlove noted the five Commissioners each have their own perceptions and subjectivity. Commissioner Hay agreed with Commissioner Orlove and added the component, the City had the best CRA staff in the State and were award-winning. They have the knowledge and background to select qualified individuals to meet the needs of the City. Mayor Rodriguez ascertained there was consensus to utilize the CRA Executive Director on the selection panel. The motion passed unanimously. The third issue was the number of Board members. Vice Mayor Ross wanted serious discussion on a seven-member Board. Commissioner Orlove reiterated the Commission had established on June 16, 2009 that a seven-member independent Board would be appointed and he agreed. Commissioner Hay recalled campaign promises of all the candidates included a seven-member Board. He favored a seven-member independent Board. Commissioner Holzman was undecided. Mayor Rodriguez commented he had always supported and advocated adding two members to the current board and to transition into a seven member Board. The continuity in transition was vital to achieve skill building and Commissioners Orlove and Holzman would be afforded more time to interact with the CRA staff and understand their functions. The two members would need to be added before the budget cycle started and then a full seven-member board appointed by the end of the year. Commissioner Orlove noted the independent CRA Board was the second biggest issue of the campaigns and the citizenry spoke that an independent board was desired. Commissioner Hay questioned how the addition of only two members to the Board had gotten on the agenda. Mr. Bressner took responsibility and advised the item reflected discussions that had gone on during the March 16, 2010 Commission meeting. There had not been a policy discussion regarding the number composition of the board other than the ordinance that set forth the seven. Vice Mayor Ross recalled she had campaigned and supported the seven- member Board for the last few years. Commissioner Holzman opined seating two members as soon as possible would be best and then add the other five by the end of year. The original two members chosen would have been to meetings, understood the procedure and gained familiarity with the CRA and its staff. Commissioner Hay asserted Mayor Rodriguez had changed his remarks from previous meetings where he supported a total independent Board. Commissioner Hay contended there was not much development in the CRA at this time and it would be a great opportunity for team 24 Meeting Minutes Regular City Commission Boynton Beach, FL April 20,2010 building with an entirely new board. He stressed moving forward as soon as possible was necessary. Mayor Rodriguez countered his opinion and goal had not changed. Motion Commissioner Hay moved to move ahead with a seven member independent Board. Commissioner Orlove seconded the motion. Commissioner Holzman wanted to add a timeline to the motion. Mayor Rodriguez indicated the timeline was the next issue and could be determined separately. Brian Edwards, 629 NE 9th Avenue, recalled various campaign comments and indicated he had a very clear understanding of the issue. He thought the process should move forward and be completed within four months. Glenn Jergensen, President of Chamber of Commerce, read a letter from the Board of Directors, a copy of which is attached to the minutes. Buck Buchanan, Ocean Inlet Drive, supported the seven-member board and felt seven could be appointed as quickly as two because the process would be the same. Sixty days was his estimation of how long the selection should take and their appointment contingent upon the completion of a successful training program. The budget could be addressed with the new Board present and there would be continuity. Ron Washam, 127 S. Atlantic Drive, was proud of the Commissioners supporting the seven-member CRA Board. It had been a campaign issue for several past elections and was long overdue. The CRA district has remained status quo for too long and an independent CRA was needed for progress. Herb Suss, 1711 Woodfern Drive, was pleased the perception would change of a conflict of interest between the Commission and the CRA board. He supported the seven-member Board and that a resident from the Heart of Boynton be on the selection committee. Victor Norfus, 261 N. Palm Drive, emphasized the members of the community should be heard regardless of the majority opinion. He supported seven members were needed and once a single selection had been made, they could be seated on the board immediately rather than wait for all seven to be appointed. He urged the applications be received as soon as possible. Willie Aikens, 726 NE 1st Street, supported the seven-member Board and contended appointing two and then five would only waste time. 25 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Commissioner Orlove inquired how long the training time would differ, if at all, with seven rather two appointments. Vivian Brooks, Assistant Director of the CRA, replied there would be no substantial difference in training time. Mayor Rodriguez called for a vote. The motion passed 5-0. The next issue was the timeline and Mayor Rodriguez inquired of staff, the length of time needed to put together the ranking and publicize the application and openings. Mr. Bressner opined 45 days for the application cycle would be sufficient with a deadline for accepting applications. The ranking criteria could be developed and presented to the Commission by May 18, 2010. Ms. Brooks stressed there could be a one-day training session, but most of the training would be on-the-job type training especially in light of the expertise that was being sought. Mayor Rodriguez declared, based on the estimated time constraints, that August would be the goal for the appointments and October the alternative deadline. Attorney Cherof advised the application would not need to be approved by the Commission unless there was an objection or change that would be requested. Mr. Bressner cautioned the application should not be publicized until the ranking criteria had been established so the applicants can understand the criteria when filling out the form. He realistically speculated the final rankings could be presented to the Commission at the first meeting in August. The deadline for applications would be July 6, 2010 with the final tabulations to be submitted to the Commission at the August 3, 2010 meeting for the appointments. The budget would be ongoing also throughout this time period. Motion Commissioner Orlove moved to accept the City Manager's layout of the application process including deadlines. Vice Mayor Ross seconded the motion. Mark Karageorge. 240A Main Boulevard, contended 30 days rather 45 days should be incorporated into the timeline. Simultaneously ranking while the applications are received would allow for appointment of the board in July. Buck Buchanan, 806 Ocean Inlet Drive, disagreed that the criteria should be developed before accepting applications since they were two independent actions. The sooner the Board was seated the better, so they could be included in the budget process. Victor Norfus, 261 N. Palm Drive, agreed the ranking criteria did not need to be approved before the applications are approved. The entire process should not take more than 120 days in his opinion. There did need to be some introduction for the new Board members. Coordination with the City Commission meeting schedule was essential to avoid any delay. 26 Meeting Minutes Regular City Commission Boynton Beach, FL April 20, 2010 Mayor Rodriguez called for a vote and the motion passed 5-0. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 12:11 a.m. ATTEST: J et M. Prainito, MMC jtyClerk I 27 Trustee Companies Bethesda Memorial Hospital Compson Associates, Inc Donald K. Porges, CPA, LLC Florida Power &: Light CO. JFK Medical Center JMWA Architects Palm Beach Community Bank The Palm Beach Post TO Bank 2010 Board of Directors Chairman of the Board James Williams, IMWA Architects 2011 Chair- Elect Michael Bottcher, The Plastridge lnsurance Agency Immediate Past Chair Buck Buchanan, The Tomorrow ConnecHon Directors Carole Aronson, Attorney Carole Aronson, PA Calvin Cearley, Palm Beach Community Bank Devon Coughlan, Conflict SoluHons Robert D' Angelo, Compson Associates, lnc April Swanson, The Palm Beach Post Nancy Ernst, BankUnited Rosie Feeley, Class Sales Development, CorporaHon Glenis Green, A Classic Residence by Hyatt & Lakeside Village. James Guilbeault, Culinary SoluHons Ken Lassiter, COBWRA William Marcacci, Cypress Creek Country Club Marie Neshe, IFK Medical Center Tony Newbold, Florida Power & Light Co. Jonathan Porges, Donald K. Porges, CPA, LLC Rob Silio, ROC Graphic Design, Inc. Robert B. Tavlor, Jr., Bethesda Memorial Hospital Robert Depace, TD Bank Elliott Williams, Communications Resor/rce Management, Corp. Glenn P. Jergensen, President & CEO Greater Boynton Beach (~ BOYNTONASREACH c..,~ CHAMBER OF COMMERCE April 19, 2010 Mayor Jose Rodriguez City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Support of Independent CRA Board Dear Mayor Rodriguez, The Greater Boynton Beach Chamber of Commerce Board of Directors congratulates you on your election to Mayor of the City of Boynton Beach and your continued desire to reinstate the Community Redevelopment Agency Board back to that of an independent authority. Our appreciation to Vice Mayor Hay and Commissioner Ross for raising this issue before the new commission and to our new Commissioners, Mr. Orlove and Mr. Holzman for running on the platform of having an Independent CRA Board in the City of Boynton Beach. The redevelopment of the Downtown and Federal Highway corridor are critical to the continued success of the City and the Business Community that resides here. There is no better time for the City, the CRA and the Chamber of Commerce to be marketing the opportunities available here in the City of Boynton Beach CRA District. The Chamber of Commerce as the face of the business community feels a strong independent Community Redevelopment Agency Board will be the best face to the development community claiming that we are "open for business". We hope to see the return of an independent CRA Board in the not to distant future. We continue to look forward to working together to make Boynton Beach a great city to live, work and play and top destination for shopping and dining in Palm Beach County. Cc: City ommissioners City Manager Kurt Bressner 1880 N. 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