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Minutes 12-07-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, DECEMBER 7,2010 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Grlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1 . OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation by Rabbi Anthony Fratello of Temple Shaarei Shalom C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Rodriguez called the meeting to order at 6:34 p.m. Rabbi Fratello offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Holzman. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioners Holzman and Hay had no changes. Mayor Rodriguez proposed Items A and B under Public Hearing be interchanged. Commissioner Grlove pulled Item 6.E. for discussion. Vice Mayor Ross had no changes. Attorney Cherof advised he would be requesting two closed-door sessions be held to discuss pending litigation under Legal, Item D. 2. Adoption Motion Commissioner Hay moved to approve. Commissioner Grlove seconded the motion. The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Ross announced she enjoyed the parade and was honored to have participated for the fourth year. She had also attended the Fire Department's Pancake Breakfast that was also a fundraiser to assist a firefighter's son who was hospitalized. The third "Coffee with the Commissioner" would be held on December 12 from 2 to 4 p.m. at Fire Station #3 and she urged everyone to attend. Commissioner Orlove commended the Community Redevelopment Agency (CRA) staff for a wonderful holiday parade and concert. He had also attended the Pancake Breakfast and reported approximately $8,500 had been raised to assist the child, Bryce Brant, Wayne Segal, Public Affairs Director, Vice Mayor Ross and Commissioner Orlove had attended the City Services Institute graduation. Commissioner Orlove wished everyone a happy, healthy and peaceful holiday season. Commissioner Hay commented the weather was awesome for the parade and he enjoyed the event. He also attended the ribbon cutting for the Sweet Tomatoes restaurant. Commissioner Hay commended the Utilities Department staff and crews for the work on the water main break in District II. No one got hurt and the break repaired and road paved in less than a week. He wished everyone a Merry Christmas, Happy Hanukkah and Happy Kwanzaa. Commissioner Holzman reiterated the praise for the parade, tree lighting ceremony and concert. He hoped the spirit of the season would continue in the coming year. Mayor Rodriguez mentioned Boynton Beach High School had received a "B", FCAT score and he was proud of the effort. Lake Worth High School also received a "B" rating. Vice Mayor Ross added Santaluces High School received an "A" rating. Mayor Rodriguez acknowledged all the principals and teachers who worked extremely hard to help the students achieve the grades. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Tribute to Habitat for Humanity Mayor Rodriguez read a tribute to Habitat for Humanity in South Palm Beach County for improving the quality of life for citizens in the community. A representative from Habitat for Humanity thanked the Commission for the opportunity to provide affordable housing within the City. He thanked the twelve construction volunteers who were present, the Board of Directors and the staff to achieve their goal of 18 more homes built in the Boynton Beach area, including the Cherry Hill project and from 4th Street to 5th Street on 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 NW 11th Avenue would be restored. Wells Fargo and Wachovia had just given $150,000 to buy the vacant lots on 12th and 13th Avenue from the Housing Authority to build even more homes. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mark Karageorge, 240A Main Boulevard, challenged the Commission to match his four hours of volunteer service to Habitat for Humanity in building a home or cleanup and painting homes. It would add value to the community. He noted 30 homes had been rehabilitated by Habitat for Humanity increasing home values and tax dollars. Commissioner Hay accepted the challenge of four hours and added two hours. 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. Arts Commission Mayor Rodriguez appointed Barbara Ready. Commissioner Holzman appointed Donn Davenport. Commissioner Hay nominated Christine Moeller. Commissioner Holzman appointed Bharat Patel as an alternate. Motion Commissioner Holzman moved to approve the appointments. Commissioners Hay and Orlove seconded the motion. The motion passed. BuildinQ Board of Adiustment and Appeals Vice Mayor Ross appointed Boyd Boggess as a regular member. Mayor Rodriguez reappointed Tim Rurey. Commissioner Orlove appointed Michael Bessell. Commissioner Holzman appointed Richard Shores as the alternate. 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Motion Commissioner Hay moved to approve the appointments. Vice Mayor Ross seconded the motion. The motion passed unanimously. Cemetery Board Commissioner Holzman appointed Bonnie Glinski. Mayor Rodriguez tabled his appointment. Motion Commissioner Holzman moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. Code Compliance Vice Mayor Ross reappointed Mark Karageorge. Mayor Rodriguez reappointed Robert Foot. Commissioner Orlove nominated Kirk LaRock. Commissioner Hay appointed Kathleen Carroll. Commissioner Holzman appointed Barry Ravel. Vice Mayor Ross tabled her appointment. Motion Vice Mayor Ross moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. Community Relations Board Commissioner Hay appointed Floyd Zonenstein. Commissioner Holzman appointed Sanford Mayer. Vice Mayor Ross appointed Ben Lowe Mayor Rodriguez tabled his appointment. Commissioner Orlove tabled his appointment. Motion Vice Mayor Ross moved to approve the appointments. Commissioner Orlove seconded the motion. The motion passed unanimously. 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Education and Youth Advisory Board Commissioner Hay appointed Hattie Miller. Commissioner Holzman appointed Carol Lundquist. Vice Mayor Ross appointed Lisa Landis Mayor Rodriguez appointed April Nobles. Commissioner Orlove tabled his appointment. Commissioner Hay appointed Emily Schweitzer as a student member. Commissioners Orlove and Holzman tabled their student appointments. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. Employee Pension Board Commissioner Holzman appointed Lisa Jensen-Joyce. Motion Commissioner Hay moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. Firefiahters' Pension Board Commissioner Hay appointed Robert Taylor Commissioner Holzman tabled his appointment. Motion Commissioner Hay moved to approve the appointments. Commissioner Orlove seconded the motion. The motion passed unanimously. Library Board Commissioner Hay appointed Willie Pearl Wilson. Commissioner Holzman appointed Valerie Pleasanton. Vice Mayor Ross appointed Laurie Sulzer. Commissioner Orlove appointed Bernice Begleiter. Mayor Rodriguez tabled his appointed. 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. Plannina and Development Board Commissioner Holzman appointed Sharon Grcevic. Vice Mayor Ross reappointed Roger Saberson. Mayor Rodriguez appointed Leah Foerstch. Commissioner Orlove tabled his appointment. Commissioner Hay tabled his two appointments. Motion Commissioner Hay moved to approve the appointments. Vice Mayor Ross seconded the motion. The motion passed unanimously. Police Officers' Retirement Trust Commissioner Hay appointed Scott Caudell Commissioner Holzman appointed Toby Athol. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. Recreation and Parks Board Commissioner Orlove reappointed Janelle Sloan. Commissioner Hay appointed Corey Cook. Commissioner Holzman appointed Jack McVey Vice Mayor Ross appointed Brian Hopper as an alternate. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. Senior Advisory Board Commissioner Hay appointed Blanche Girtman. 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Commissioner Holzman appointed Denise Chamberlain. Vice Mayor Ross appointed Virginia O'Connell. Mayor Rodriguez appointed Kathleen Lynch. Commissioner Orlove nominated Jean Young. Mayor Rodriguez appointed Lillian Bruzzese as an alternate. Commissioner Orlove tabled his alternate appointments. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. Veterans Commission Mayor Rodriguez appointed Rev. Richard Smith. Commissioner Orlove appointed Thomas Kaiser. Commissioner Hay appointed Bridget Roberts. Vice Mayor Ross appointed Karl Washington as an alternate. Commissioner Holzman appointed Stanley Gavlick. Vice Mayor Ross and Mayor Rodriguez tabled their appointments. Motion Commissioner Holzman moved to approve. Commissioner Hay 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 November 16, 2010 B. Approve the "BOYNTON BEACH MEMORIAL PARK ADDITION NO.2" Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper) C. Approve a job title change in the Information Technology Services (ITS) Department from ITS Business Application Manager to an ITS Network Manager with no change in pay grade. 7 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 D. PROPOSED RESOLUTION NO. R10-173 - Execute Modification Number Five to Subgrant Agreement with the State Division of Emergency Management to reinstate, increase the funds and extend the Period of Performance from July 31,2010 to January 31,2011 (DCA Contract Number 07HM-4@-10-60-02-006, dated September 28, 2006 - FEMA Project 1545-74-R). E. PROPOSED RESOLUTION NO. R10-174 - Approve Addendum to Contract with Cleaning Quality Service US Corp to reflect two (2) additional (1) year renewal periods as was stated in the original bid. Commissioner Orlove had pulled Item 6.E for discussion. He questioned if all the cleaning contracts for the various departments or buildings could be consolidated. Mr. Bressner advised the price point for the Golf Course was a better price than the current contractor for City Hall. Mr. Bressner indicated efforts would be made to consolidate the contracts in the future. Dan Hager, Manager of Golf Operations, opined the needs of the Golf Course may be different than with other divisions. Motion Commissioner Orlove moved to approve. Commissioner Holzman seconded the motion. The motion passed. F. PROPOSED RESOLUTION NO. R10-175 - Approve an interlocal agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, accepting grant funded equipment from Palm Beach County Division of Emergency Management's EMS Grant Award Program. This equipment, three (3) Glidescope Video Laryngoscopes, will improve and expand delivery of Emergency Medical Services in the City of Boynton Beach. G. PROPOSED RESOLUTION NO. R10-158 - Approve the Contract with RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant for an annual expenditure of $49,960.84. TABLED 11/03/10 & TABLED TO January 4, 2011 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve Settlement Agreement between City and Boynton Pain Management Clinic relating to the issuance of a Business Tax Receipt for the substitution of a doctor practicing at the Clinic. 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Commissioner Holzman questioned if the settlement agreement would prohibit the Clinic from changing the doctor again. Attorney Cherof advised the Clinic would now be governed by the new ordinance. The settlement was done to resolve the substitution of a doctor at the time the moratorium commenced. There is no way through settlement to excuse this individual. The change would be allowed under the new ordinance. The law suit was instituted to test the veracity of the moratorium. The settlement closes out the process without liability. A new ordinance would require a new doctor to file for a new Business Tax Receipt. Motion Commissioner Orlove moved to approve the settlement agreement. Commissioner Hay seconded the motion. The motion passed unanimously. 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. Review for compliance with condition of approval on which The Slomin Family Center (NWSP 10-005) new site plan was approved, requiring a revised traffic pattern and approval from Palm Beach County. Approved site plan included a private school campus with a daycare, community center, and clinic for individuals and families affected by autism, on a 4.59-acre parcel in the C-3 zoning district. Applicant: Sannlor Properties, LLC (TABLED ON 10-19-10 & APPROVED CONDITIONALLY ON 11/03/10) Attorney Cherof explained this was a continuation of the public hearing previously held. He administered an oath to all those intending to testify and gave a brief overview of the procedure to be followed. Kathleen Zeitler, Planner, gave an overview of the history of the public hearings and outcomes. Mr. Bressner added the conversations with the applicant focused on the revised conditions of approval 2, 3, 4 and adding 25 and 26 as being new or changed. All other conditions of approval had been signed off by the petitioner. Mike Rumpf, Director of Planning and Zoning, indicated residents in the area had reported a school bus issue and staff investigated and confirmed there was a school bus hub and a private bus that used the area as a turn around also. The practice is contrary to the school operation policy. The school district is willing to relocate that bus stop hub and keep it off Congress to be the least disruptive option by moving the 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 business stop to the Racket Center. There is ample parking at that location during the drop off and pickup times. Mr. Rumpf continued that emergency vehicle access was a concern. Staff had met with fire and EMS personnel and were advised much worse scenarios exist throughout the City and the proposed change would not impede their ability to gain access. With the vehicles that could stack at the site and moving the bus stop, plus staggering the operating hours, staff had a comfort level they could accept. The applicant proposed the school could promote their own shuttle system from an off-site location to minimize onsite vehicles. Access to the parking area would be a minimum of one hour before start and stop periods. The demand for City services was analyzed and determined to be less than four calls per year. It would not impact the City in any measurable amount of time or money. The drainage design met all the standards across the City and County. The recommendation to limit the site plan to the first phase would be unprecedented and it should be a single application for traffic concurrency to be achieved at one time and the applicant be assured of approval upfront. There is no accommodation in the Code to allow for disjointed approvals. Andrew Mack, Interim Building Official, reported there was adequate capacity for the project. Traffic engineering is not an exact science and best practices have to be applied. Several strategies and their impacts were considered for safeguards to be initiated if a problem arose. Signal timing modifications, a westbound right turn lane on Charter Drive and dual eastbound left turn lanes on to Congress and traffic signal modifications with an exclusive eastbound right turn lane on Charter Drive to Congress were considered. The applicant would be required to provide a bond for improvements after Phase I to include any mitigation strategies needed in Phase II construction. Prior to the release of any bonds, a traffic study would have to be submitted to the Commission and accepted to authorize release of the bond. Mayor Rodriguez inquired if the applicant agreed with all the conditions of approval. Chris Cooper, 500 Park Avenue, New York, New York, remarked it was very critical for the Slomin Center to be part of the community and they had put a great deal of effort into mitigating the issues. They had met with City and County staff and developed a reasonable site plan. There were extended conditions of approval that had been worked and reworked. Absolutely all conditions of approval were accepted and the applicant requested a vote on the issue based on the acceptance of these conditions. Commissioner Hay inquired if there would be a second traffic study. Mr. Mack replied after Phase I is completed and after a three-month period of 250 students, if there are any perceived deficiencies, another study would be done and mitigation strategies could 10 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 be implemented. The impact of the boundless park would be negligible on the traffic analysis. Commissioner Orlove stressed any traffic study should be conducted during the height of the winter season when larger traffic demands are greater. Mayor Rodriguez opened the issue for public hearing. David Gold, 6 Sutton Drive, spoke on behalf of Hunters Run and the Board. The Presidents of the Hunters Run organizations were present and Mr. Gold was a member of the Board of Hunters Run. He was the President of a section of Hunters Run adjacent to the north gate. Their issue was the mitigation plan was subject to County approval and the City did not have any control. He urged the Commission to reject the application and a new application be submitted for Phase I so any problems can be addressed before Phase II is commenced and County approval can be determined. Mayor Rodriguez asked Mr. Mack while the County controls traffic mitigation, any improvements would need County authorization. The City would control the bond. Mr. Mack explained the mitigation strategies were submitted to the County and would be approved by the County if the thresholds for the mitigation were met. After three months of operation, another study would be prepared by the applicant. Any mitigation strategies that would be required would be implemented or the bond would be released for those strategies not required. The study would be brought before the Commission for approval and implementation of any necessary changes. The residents would have an opportunity to be heard on any changes between the completion of Phase I and commencement of Phase II. Glenn Jergensen, President and CEO of the Greater Boynton Beach Chamber of Commerce, presented a letter supporting the project and positive development. There would be construction jobs generated and have a positive impact. There remains sufficient land on the east side of town to attract business and industry to the area. The school would be a positive move and he asked the Commission to approve the project. Mayor Rodriguez closed the public audience. Commissioner Orlove asked the applicant, minus all the mitigation strategies he recalled the school indicated small buses would be used to help mitigate the traffic volume on Charter Road. Mr. Cooper advised it was not one of the conditions of approval. The school would help processing the parking lot and use an elaborate walkie-talkie system to keep traffic moving with school personnel to help in the process. Even if the mitigation strategies did not work the School would work with the City and communities to ensure the school is able to operate and the neighborhoods to the west are able to function in harmony. Mr. Cooper concurred. 11 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Motion Commissioner Orlove moved to approve the Slomin Family Center. Vice Mayor Ross and Commissioner Hay seconded the motion. Attorney Cherof pointed out the motion should be amended for inclusion of the revised conditions of approval dated December 7, 2010. Commissioner Orlove agreed to the amendment and Vice Mayor Ross again seconded the motion. Commissioner Orlove commented the project was within his District and the Center was needed within the greater Boynton Beach area. It would bring value to the region and was greatly needed within the County. The Center would provide 75 jobs and bring some economic development to the City. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R10-161 - Approve (1) authorizing the issuance of Series 2011 revenue bonds not to exceed the amount of $8,050,000 on behalf of the Charter Schools of Boynton Beach, Inc. (the School) for the purpose of providing funds to payor reimburse the cost of the facilities to be acquired and equipped by the School and to pay certain costs of issuance of the 2011 bonds; (2) authorizing the execution, delivery and/or use of a trust indenture, loan agreement, bond purchase agreement, and other documents and the performance of obligations thereunder; (3) authorizing the negotiated sale of the 2010 bonds to Municipal Capital Markets Group, Inc. and delegating the Mayor and City Manager to fix the final terms and conditions of the 2010 bonds and documents subject to certain parameters; (4) appointing TD Bank , N.A. as the trustee, paying agent and registrar; requiring indemnification; and (5) authorizing further acts on behalf of the City in connection with the 2011 bonds.-(TABLED 11/03/10 & TABLED 11/16/10) Attorney Cherof read Proposed Resolution No. R10-161 by title only. Mark Raymond, bond counsel for the City, explained an application had been filed by the Charter Schools of Boynton Beach, Inc., a non-for-profit corporation asking the City to issue up to $8,050,000 of tax exempt bonds to be used by the School to acquire the facilities leased at 1425 and 1325 Gateway Boulevard. The purpose for the financing is the debt service on the bonds would be lower than the annual rent that the School currently pays, reducing the overhead and enhancing the ability to provide the educational services to the students. Since 1968 Florida law authorizes the issuance of industrial development revenue bonds issued by a local government and the proceeds loaned to eligible private borrowers to be used for purposes approved by the legislature for this type of financing. The Internal Revenue Code indicates the interest on debt of 12 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 states and political subdivisions is not subject to federal income tax. By acting as a conduit for the bonds, the tax exemption would pass to the Charter School to take advantage of the lowest possible interest rate. The State statute prohibits the City from using any City funds in connection with the bonds. The notice of the public hearing was paid for by the Charter School and an application fee of $10,000 to the City plus the bond counsel fees. If the bonds default, the investors would not receive a dime and would have no claim against the City. The City would need to issue a resolution to authorize the transaction and documents would have to be approved to hold the City harmless from liability. The bonds would go to market in March or April of next year and then follow to closing. The proposed Resolution complies with all applicable legal requirements. Attorney Raymond recited a list of many other schools that had received monies with the same type of bonds. The project is located within the City and bonds had been done previously for the low income housing project, Clipper Cove. Commissioner Orlove questioned if the bond rating would be impacted and Attorney Raymond advised it would not even appear on any financial statements of the City. The City would purely be a conduit. Mayor Rodriguez indicated a citizen had questioned the City's name being used on the bond and having some reassurance that the municipality would have no liability. Attorney Raymond advised the name of the issuer would be City of Boynton Beach, Florida Revenue Bonds, Charter School of Boynton Beach Series 2011. It would have no effect on the contractual obligations. The bonds will clearly state the City would not be obligated. Motion Vice Mayor Ross moved to approve. Commissioner Orlove seconded the motion. Commissioner Holzman inquired if the school would not exist at the location, would the property return to the tax roles. Barry Atwood, Finance Director, responded it would depend on who would occupy the building. Commissioner Holzman commented the current request and tax consequences should be considered as well as the future tax consequences. The property could be forever removed from the City of Boynton Beach tax roles. Mr. Bressner interjected the City portion of the taxes would be approximately $55,000 without any exemptions. Commissioner Holzman projected if the request would be denied, the $55,000 in tax revenue would return to the tax roles. Space within a commercial zone would be available and previously zoned for industrial or commercial uses. A school in an industrial area would not attract commercial business. The request would be in essence a bail-out for the property owners who would ultimately have to pay taxes on 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 the building if the Charter School would leave the site. In Commissioner Holzman's view, the issue was not about the school, but about the tax dollars and industrial property within the City to attract businesses to the area for the future. The question was also raised if there was a guarantee in the documentation that the excess funds derived from the bonds would be used for educational purposes or if it was an assumption. Mr. Atwood responded there was nothing in writing regarding the use of the funds. Commissioner Holzman contended there many reasons for the City not to issue the bonds that outweigh the possibility of using the City's name on a bond for any school within the commercial, industrial areas. They are vital to the future of the City and directly relate to the City's inability to retain commercial properties for business owners. Vice Mayor Ross disclosed she had spoken to Mr. Raymond prior to the meeting and freeing up money for student education of approximately $1.5 million would be required because they would be accountable to retain their tax exempt status. There would be some accountability. Mayor Rodriguez added the not-for-profit status requires the funds be reinvested into the school, whether it be for the teachers or students or supplies. Commissioner Orlove inquired when the decision had been made to allow Quantum Park to have non-business or non-retail industrial into that area. Mr. Atwood replied in 2008. Mr. Bressner commented the substantive change in the DRI was in 2001 to allow mixed-use development introducing commercial and residential to the area. It was further modified in December, 2001 to allow residential. The Charter School proposal was brought before the Commission in April, 2008. Mayor Rodriguez opened the issue for public hearing. Suki deJung, 2076 SW 14th Avenue, asked how the school would benefit Boynton Beach. She sensed a lack of community within the City and lack of pedestrian areas to shop, dine, have coffee or a nice green market. She felt resources should be directed to those efforts and establish the City as a green community. Any school would have a huge need for water and utilities. It was determined Ms. deJung's comments related to the Slomin Family Center school application. Don Scantlan, 34 Cedar Circle, pointed out the $55,000 would have been based on the assessed value of the property and the 2008 assessment could decrease the value. The proposed sale of the property to the Charter School would give the owner $6 million to invest in other areas of Quantum Park. Mr. Scantlan noted the issue was not strictly property taxes, but the total benefit to the City serving 500 students in the area. Mark Karageorge, 240A Main Boulevard, inquired why the County had not been approached to issue the bonds as opposed to the City. Commissioner Holzman joined in the request for information. 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Ben Reese, Municipal Capital Markets Group of Greenwood Village, Colorado, representing the underwriter of the project, sought investors to purchase bonds and the borrowers. The Charter School of Boynton Beach wanted to find a way to save money and put more money into their programs. Two years ago, the School signed a ten-year lease and would not be vacating the building for eight more years. The concept was to give the School a long-term plan to secure their financial future. The lease has an average $675,000 cost per year. The proposed financing will decrease the cost to $540,000 per year. Other expenses such as a playground and school buses will save $1.5 million over the same eight-year lease commitment. Mr. Reese explained non- profit agencies cannot horde the money and by law have to put the money into programs. A charter school or non-profit can borrow in the tax exempt market, but cannot issue, that requires the service of an authority. The Charter School of Boynton Beach selected the City because the School is located in the City and supports the community. The School is committed to the project and wants to stay for the next 30 years. Vice Mayor Ross clarified Mr. Reese was the gentlemen she had spoken to and previously disclosed. Pamela Owens, 10182 Brookville Lane, Boca Raton, FL reported the School was accountable for all monies being placed into educational and academic programs. The students are serviced for $7,500 a year and the County receives $10,000 per student. The monies would be used to enhance their programs and she guaranteed the use. The extra funds would be distributed to each student. Commissioner Orlove summarized that Ms. Owens, the Chief Financial Officer of the Charter School of Boynton Beach, indicated the money saved would benefit the students and the exact amount was not known at this time. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, had no analysis for the total project or had any personal interest in the discussion of bonding as long as it had no effect on the total bonding capacity of the City of Boynton Beach. Mr. Bressner reiterated it would have no impact. John McGovern, 2620 Spiceberry Lane, was not an ardent supporter of charter schools; however, some have risen and fallen on a financial basis because they are historically underfunded and many are mismanaged. The larger issue was the 50% drop-out rate in Palm Beach County that was a travesty. The City should support anything and everything that educates children and saves education. No one else coming forward, Mayor Rodriguez closed the public audience. 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 7, 2010 Mayor Rodriguez commented it was a difficult issue. There is a lot of benefit to charter schools and on the other side, the Commission has an obligation to maintain the tax base and increase the tax base. Both issues under Public Hearing would reduce the tax base and impacts all citizens. The property on Gateway Boulevard is prime property and if the School moves forward the opportunity for revenue would be lost. There are a large number of charter schools within the City of Boynton Beach. All taxpayers pay the price. Mayor Rodriguez could not support the bond issue because of the obligation to all residents to increase the tax base as much as possible. Commissioner Orlove agreed with most of the Mayor's comments; however, he went beyond that and viewed the issue from the perspective of caring about the citizens and about the children. Quantum Park had been opened up in 2001 for other uses and there remains opportunities for businesses to locate in the Park. The school has been within the City of Boynton Beach since 2008 and adds value to the community. He supported the bond issue. Vice Mayor Ross had visited the school and hoped the Commission would make the right decision and honor what the school was trying to achieve. She supported the request and hoped it would portray the City as a caring community. Increasing the tax roles was not the only role of the Commission and annexation could be another way to increase tax revenues. Commissioner Hay had talked with the staff and students and supported the bond issue. The School had a proven track record within the City of Boynton Beach. Reducing the crime rate through educating the children is another benefit. The industrial and commercial property is dwindling, but not to the point it cannot be salvaged. The City has done a great job in bringing commercial properties to Boynton Beach and the City should continue to move forward with those efforts too. Commissioner Holzman reasserted his claim it was not about the school or what the school does. It was a policy decision made by the Commission indicating to the business community that a contiguous commercial property or industrial area cannot be developed. The mistakes made in 2001 to divide Quantum Park should not continue. The Commission and City is not responsible to bail-out the property owner from a tax liability because only 50% of the Park is occupied. Mayor Rodriguez called for a vote. The motion passed 3-2 (Mayor Rodriguez and Commissioner Holzman dissenting. 10. CITY MANAGER'S REPORT None 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 11. UNFINISHED BUSINESS A. Receive a presentation by the Ad Hoc Committee for Historic Preservation and consider recommendations on program components involving administration, establishment of an advisory board, funding, and public involvement. A video was shown of the public service announcement that had been produced for viewing. Warren Adams, President of the Ad Hoc Committee presented their recommendations. He reviewed the benefits of the program to regenerate growth, assist in grants and loans, tax credits offered to property owners, improve property values, neighborhood stability and reduce crime. It would also support the green initiative, stimulate additional tax revenues, leading to job creation, promote education, boost tourism and recognition. Better designs would be used and enhanced business recruitment to improve the community spirit and pride with controlled historic districts. The five recommendations were for creation of the Historic Preservation Board and the Ad Hoc Committee would continue to work until established and implemented. Second recommendation was to apply to become a certified local government entity and meet the required criteria that was outlined. The third recommendation was to create a grant fund to lead to more investment in the City. Four, was to establish a local historic preservation register and the fifth recommendation to appoint a full-time historic preservation planner position. Mr. Adams reviewed the advantages of having a historic planner including cost savings which leads to consistency within the district. A timeline was reviewed starting in 2011. The historic preservation program could be started in 2012. Funding possibilities were outlined and the planner would make approximately $50,000. The possibility of using existing staff was discussed if the necessary expertise in historic preservation planning was available. The economic impact was reviewed. Many grants were available to help fund the expenses. It would not depress property values, rather retained their values. Mr. Adams asked that the recommendation be adopted. Commissioner Holzman inquired about any dollars being sought for funding. Mr. Adams advised $12,500 would be needed to get the program moving and $50,000 a year salary from 2012 on plus the cost of establishing the registries making applications would be approximately $50,000 in costs. Mr. Adams reiterated the Historic Preservation Ad Hoc Committee would continue until permanent board members were appointed. Vice Mayor Ross asked if other cities in the region were using a historic preservation planner and Mr. Adams gave some comparisons. Sharing the expense with another municipality may be a possibility. Commissioner Orlove appreciated the presentation and the Ad Hoc Committee involvement. He sought input from Mr. Rumpf if a specific planner would be needed. 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Mr. Rumpf responded the possibilities had been reviewed in light of the current economic struggles and advised not all the necessary skills would be available in one individual. State resources would have to be utilized and the assistance of nearby cities and towns. Using current staff may slow down the process, but using interns could also assist in the gathering of necessary data and skills. Commissioner Holzman was enthusiastic about the program and indicated it was of the utmost importance. The program could add tax value. Mayor Rodriguez voiced concern about the availability of $12,000 with the current budget constraints. The City Manager needed more time to evaluate the program and the budget implications. The recommendations could be accepted and ask staff to investigate the alternatives. Commissioner Hay was in favor of funding the initial cost. Historic districts in some cities appear run down and it would be important the program be coordinated to achieve the best results. Motion Commissioner Orlove moved to accept the report from the Ad Hoc Committee and direct staff to come up with a limited program. Vice Mayor Ross and Commissioner Hay seconded the motion. The motion passed. A. Approve the development order for Pro Golf/Mega Mini (ADAP 09-002) administrative appeal of an administrative decision. Mr. Rumpf explained several months ago there was approval by the Commission of the development order for the Pro-Golf/Mega Mini facility and there was an appeal of the administrative decision to allow businesses to be conducted in the mini storage facility. Following approval, staff and business operators had several meetings to identify outstanding issues and the best resolution of the issues. The consensus of those meetings is before the Commission for approval. It addresses the principal issues with non-conforming uses and pre-existing licenses, parking and subsequent business licenses. Jeffrey Lynne, representing the property owners, advised they were in agreement with the terms. He requested the exhibits from the prior hearings be made part of the record and incorporated as well. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. There was no public comment on the issue. The motion passed 5-0. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 C. Consider request of Commissioner Hay regarding proposed methodology for selection of the new CRA Board members. Commissioner Orlove expressed his appreciation of Commissioner Hay reviewing and developing a methodology for selection of a new board. The proposal involved individual voting and the City Manager compiling the numbers with the top seven being seated as the board. Commissioner Orlove felt it was a blind method and would limit any public discussion. Mayor Rodriguez suggested individual motions on each candidate could be made and open for discussion before the final vote. Commissioner Orlove advised he had a commitment on the January 18th date that would require his presence and he could not attend the Commission meeting. He asked the appointments be made at the first meeting in February. Discussion ensued on the issue of inviting the candidates to the upcoming workshop with the CRA to be held on January 6th and the candidates' input to the discussions could also be utilized in the selection process. Mayor Rodriguez felt invitations were not necessary and the lack of interest by not coming to the meetings would be indicative of their interest in the board appointment. After discussion, there was consensus the City Manager would send out some type of informational notice of the workshop to the candidates. Motion Commissioner Holzman moved to direct staff to order for selection purposes, rank the individuals one through ten, collected by staff, calculated, returned and put up for motion at the February 1 st meeting. Commissioner Hay seconded the motion. Commissioner Orlove amended the month to January 18th, before the Commission meeting. Mayor Rodriguez clarified on January 18, 2011, the Commission would have the rankings into the City Manager's office and individual motions for approval, based on the rankings and to invite the candidates to the downtown planning session, and then rank them on the first of February. The motion passed. B. PROPOSED RESOLUTION NO. R10-176 - Approve contract with REG Architects in the amount not to exceed $65,000 for "Historic High School Redevelopment Services". Lori LaVerriere, Assistant City Manager, indicated staff had negotiated a contract with REG for scope of services for redevelopment of the Old High School. Staff had met with Rick Gonzalez and negotiated a contract. The main point was the initial proposal was for $83,440 that exceeded the budget of $52,000 through CRA funding. Mr. 19 Meeting Minutes Regular City Commission Boynton Beach, FL December 7, 201 0 Gonzalez came back with a revised scope of services to $65,000 and the Development Director, Director of Engineering and Financial Director reviewed and felt a good scope of services were agreed upon and recommended the addition of gap funding of $13,000 from small scale capital improvement projects for a total contract price of $65,000. They would be ready to start in January and in a 120-day time period to completed, as outlined in the RFP. Mr. Bressner added there was an early proposal from IBI and subject of some discussion before the CRA Board back in July and the $52,000 figures was selected. The Commission reviewed those and narrowed the scope of services down to four tasks that are reflected in the REG/IBI agreement submitted. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 10-025 - SECOND READING - Approve the LDR Rewrite project (CDRV 07--004) code review to reformat existing Part III Land Development Regulations, consolidating existing 23 chapters into four (4) chapters; comprehensively updating rules and regulations that govern land development in the City; modifying and expanding the list of permitted and conditional uses; incorporating green and sustainable provisions; promoting water conservation measures; expanding the provisions for affordable housing; simplifying the concurrency management system and streamlining the development approval process. Applicant: City initiated Attorney Cherof read Proposed Ordinance No. 10-025 by title only on second reading. There were amendments made between the first and second reading of the ordinance. Mayor Rodriguez opened the issue for public hearing. Buck Buchanan, 807 Ocean Inlet Drive, commended staff on the updated Land Development Regulations and maintaining the spirit of protecting the residential areas. He did note in mixed use areas there was clause on how deep you could go based on frontage along roadways. He suggested something similar for IPUD along the waterways would be appropriate. and consistent with waterways and mixed use. No one else coming forward, Mayor Rodriguez closed the public audience. 20 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Eric Johnson, Planner, agreed to evaluate the concern and evaluate a change to the IPUD zoning regulations. Motion Commissioner Hay moved to approve the second reading of Proposed Ordinance No. 1 0-025. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 10-030 - SECOND READING - Approve Adult Entertainment (CDRV 10-008) code review to amend the Land Development Regulations (Land Development Regulations) to update regulations and provisions applicable to adult entertainment uses involving terms & definitions, revised distance separations, alcohol sales restriction, permitted and conditional use status, and operational requirements. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance NO.1 0-030 by title only on second reading. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. Buck Buchanan, 807 Ocean Inlet Drive, noted it was a land use regulation and was not meant to govern the actual activity. Specific definitions of activities would be needed. He wanted private rooms excluded and a minimum distance to be established from the dancers to the public and a minimum distance from churches and schools and exclude consumption on premises next to the places where nude dancing is allowed. Also restrictions on height of stages and interaction of patrons be implemented. Attorney Cherof clarified certain businesses are not appropriate within 750 feet of specific locations. The locations were specified. All the issues were reviewed by the development staff in composing the new regulations. He did not recommend any changes. No one else coming forward, the public hearing was closed. 21 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Vote City Clerk Prainito called the roll. The vote was 4-1 (Mayor Rodriguez dissenting). C. PROPOSED ORDINANCE NO. 10-031 - FIRST READING - Amend Code of Ordinances, Article XIV: Veterans Advisory Commission, to increase the membership and qualification for membership. Attorney Cherof read Proposed Ordinance NO.1 0-031 by title only on first reading. Chuck Magazine, Veterans Advisory Commission liaison, explained the Veterans Commission contended a number of veterans living in the area but not within the City limits had expressed an interest in serving. The request was made to allow more non- residents to serve on the board. Mayor Rodriguez was concerned a precedent would be set and Commissioners Holzman and Orlove agreed. Vice Mayor Ross understood veterans from several of the wars were not involved and lived outside the City limits and could assist with some of the projects. Mr. Magazine reported the Boynton Beach Veterans Council, VFW and American Legion were all within the City limits. Commissioner Orlove felt confident enough residents in the organizations could be found to serve. Further discussion did not reveal a need to make the requested change. Motion Commissioner Orlove moved to deny. Commissioners Hay and Holzman seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1 (Vice Mayor Ross dissenting). D. PROPOSED ORDINANCE NO. 10-032 - FIRST READING - Ratify City Commission action on street/roadway abandonments taken in the expansion/reconfiguration of POINCIANA ELEMENTARY SCHOOL expansion of their physical facilities. Attorney Cherof read Proposed Ordinance NO.1 0-032 by title only on first reading. Mr. Bressner explained the ratification would clarify some title issues that had occurred as part of the Seacrest street project. 22 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. E. Request for closed-door sessions (Added to the agenda) Attorney Cherof requested to meet in closed-door sessions to discuss two cases City of Boynton Beach versus Frank Janots and others and City of Boynton Beach versus Ralph and Rose's, Inc. Each case would take 20 to 30 minutes at most. He requested the discussion be done in conjunction with the January 4th meeting. There was consensus to add the session at 6 o'clock p.m. 14. FUTURE AGENDA ITEMS A. Proposed Resolution No. R 11- Approving and authorizing the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach - January 4, 2011. B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) C. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) E. Appoint members to 7 -member independent Community Redevelopment Agency Board (TABLED ON 09/21/10 and 10/05/10) - 01/18/11 F. Consider recommendation of Advisory Committee for renaming of Jaycee Park - January 18, 2010 G. Geographic boundaries for City of Boynton Beach voting districts - (TBD) H. Report to Commission on Canal Spraying program with cost analysis - January 2011 23 Meeting Minutes Regular City Commission Boynton Beach, FL December 7,2010 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:51 p.m. CITY OF BOYNTON BEACH ATTEST: Ja t M. Prainito, MMC . Clerk ~~ dith A. Pyle, C ~puty City Cler 24