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Minutes 06-07-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JUNE 7, 2011 PRESENT: Jose Rodriguez, Mayor William Grlove, Vice Mayor Woodrow Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherot, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Rodriguez Mayor Rodriguez called the meeting to order at 6:35 p.m., welcomed everyone and offered the invocation followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Item 6.F. Vice Mayor Grlove pulled Item 6.G. Commissioner Holzman pulled Item 6.H. Mayor Rodriguez pulled item 6.B. Attorney Cheraf requested Item 6.0 be pulled. 2. Adoption Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously and the agenda was adopted. 2. OTHER A. Intormationalltems by Members ot the City Commission Meeting Minutes Regular City Commission Boynton Beach, FL June 7,2011 Commissioner Hay had attended the Haitian Flag Day, Annual Boynton Beach Police Memorial Ceremony, ribbon cutting for the Bravo Supermarket, and League of Cities Gala Affair with the installation of the Board of Directors. He had also attended the Veterans Memorial Day service and a ribbon cutting at the Pathway to Prosperity building. There were two ground breaking ceremonies for Galaxy Elementary and Commissioner Hay was one of the speakers. Commissioner Holzman had also attended many events and congratulated Commissioner Hay on his installation as one of the Board of Directors for the League of Cities. Vice Mayor Orlove had attended the Memorial Day Service that included a presentation by the Counsel General of France to those who fought on French soil. Vice Mayor Orlove had suggested other ways to commemorate Memorial Day should be developed. He participated in the City Hall spruce-up event. Vice Mayor Orlove congratulated Commissioner Hay on his retirement. Commissioner Ross offered congratulations to Commissioner Hay on his retirement and continued service on the Board of Directors for the Palm Beach League of Cities. Commissioner Ross had submitted an application to serve on the League of Cities Water Resources Task Force Committee and hoped to be selected. She attended the Iberia Bank ribbon cutting and the Pathway to Prosperity opening of a faith-based church. The Galaxy Elementary ground breaking ceremony was another event she attended and emphasized the school would become the "Greenest School in the Galaxy." Mayor Rodriguez was pleased to hear all the events that the Commission supported and attended. The Mayor had also attended many of the celebrations. He did brag about the paint job on City Hall that included 35 volunteers. He thanked Jeff Livergood, Lori LaVerriere, and other staff who participated. Mayor Rodriguez announced this would be the City Manager, Kurt Bressner's, last Commission meeting. He again thanked him for his work over the last 11 years and noted Mr. Bressner was continuing to lead the City to the last day, June 30, 2011. Mr. Bressner remarked he would miss the job and appreciated the support from the community, Commission and staff. Boynton Beach is a very complex City with many moving parts. It made the job interesting and dynamic. It was a privilege to serve the City for the last 11 years that he would miss terribly. He felt honored to serve and received a standing ovation. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 A. Presentation of a Beautification Award from the Boynton Beach Garden Club to Glenda Hall. Presentation will be made by Garden Club Co-Presidents Jane Gavlick and Sonja Zalutko. Ms. Gavlick and Ms. Zalutko, Co-Presidents of the Boynton Beach Garden Club presented the Beautification Award during National Garden Week to Glenda Hall. The Club members had worked with Ms. Hall over the years with various projects. In 2009, Ms. Hall created the gardens surrounding the Boynton Beach Library meeting all the requirements of cost, maintenance requirements and watering which is why she was chosen as the recipient. Ms. Hall thanked the Garden Club and City for allowing her to do the landscaping and hoped everyone would enjoy the area. B. Permit presentation of Tribute to Coalition of Boynton West Residential Associations in celebration of the organization's 30th anniversary. Dagmar Brahs, Vice President of COBWRA (Coalition of Boynton West Residential Associations) indicated it was an honor to be recognized by the City and a privilege to have a good working relationship and share information. If the City is not strong and viable the western areas would not survive and vice-versa. She hoped the new City Manager would have as good a relationship with COWBRA as had been ongoing with Mr. Bressner for 11 years. Mayor Rodriguez read the tribute and presented it to Ms. Brahs recognizing the organization's 30 years of service to the western residents of the City of Boynton Beach that proved beneficial to both areas. C. Proclaim Public Communicators Week, July 25-29, 2011. Wayne Segal, FGCA Vice President & Treasurer and City of Boynton Beach Public Affairs Director, will accept the Proclamation on behalf of FGCA Mayor Rodriguez proclaimed July 25-29, 2011 as Public Communicators Week and recognized Wayne Segal as the Public Affairs Director for the City of Boynton Beach. Mr. Segal thanked the City for the Proclamation, the first in the entire country. Other cities would soon follow. Mayor Rodriguez remarked Mr. Segal supported the entire Commission. Mr. Segal would be retiring shortly and Mayor Rodriguez thanked him for all his work and effort. 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) 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 Mary Katherine Morales with the American Heart Association, expressed appreciation for the hard work Mr. Bressner had done for the American Heart Association over the last 11 years. He had sat on the Executive Leadership Team, been a Cabinet member and part of the team structure in the City of Boynton Beach. From a grass roots perspective, many of the employees have been affected by heart disease and stroke. Mr. Bressner's efforts would be greatly missed, but Ms. Morales was confident the relationships formed would continue. She presented Mr. Bressner with two awards. Mr. Bressner thanked the team captains for their hard work and effort in making each year a bigger success for the Heart Association and the City of Boynton Beach. Wade King, 235 NW 10th Avenue, Board member and volunteer at Boynton Beach Child Care, Inc., spoke on behalf of his late aunt, Lena Rahming. He thanked Mr. Bressner for his long-term friendship and relationship with Boynton Beach Child Care, Inc. Mr. King also congratulated Commissioner Hay on his retirement and hoped he got even more involved in the City. Kevin and Joanne Scully, 941 Brookdale Drive, owner of Scully's Restaurant on Federal Highway, thanked Mr. Bressner for his assistance over the years and wished him the best. Mr. Scully was concerned the City would negotiate with the owners of Ralph and Rosie's and reduce the Code Enforcement fines. It is a privilege to do business in the City of Boynton Beach and owners should abide by the rules and regulations. Mr. DeVita, owner of Ralph and Rosie's, did not follow those rules and regulations and reducing the fine would encourage the same action from other business owners. He contended Delray had phoned the City and warned Mr. DeVita was trouble. Denise Chamberlain, Chair of the Senior Advisory Board, addressed the issue of the Shopper Hopper. She felt the program should be reinstated in the budget because many seniors needed the assistance. Ms. Chamberlain had many surveys she had collected that supported continuation of the program. There is an indication that an increase in the fee would be acceptable or cut some of the locations or schedule changes. David Katz, 67 Midwood Lane, expressed his regret in seeing Mr. Bressner leave. Mr. Katz addressed Mayor Rodriguez's special interest in having the City do business with the IBI Group. The IBI Group did donate to the Mayor's campaign. A discussion about the IBI Group and their contract was added to the July 13th agenda at the Mayor's request. Mr. Katz read from three emails involving Barbara Ready that he alleged created a conduit for Mayor Rodriguez through Barbara Ready to the IBI Group, subcontractors of REG Architects. Mr. Katz would be forwarding the emails to the Ethics Commission to review. Mildred Hay, 427 NW 5th Avenue, publicly thanked Mr. Bressner for his servitude to the City of Boynton Beach over the years. She noted Mr. Bressner never hesitated to visit all sections of Boynton Beach and made every effort to be at all events held in the Heart 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 of Boynton. Ms. Hay appreciated the years of training Mr. Bressner had and asserted others could not fill his position easily. She was glad to have had the experience of working with Mr. Bressner over the years. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion At the request of Mayor Rodriguez, Vice Mayor Orlove moved to appoint Robin Lorenz to the Arts Commission. Commissioner Holzman seconded the motion. The motion passed. Motion Commissioner Ross moved to appoint William Combes to the Arts Commission. Mayor Rodriguez pointed out there was a current alternate that wished to be moved into a regular position. Commissioner Ross decided she wanted to review the applications of both applicants before making a final decision. Commissioner Ross moved to table the appointment. Commissioner Holzman seconded the motion. The motion passed. Motion At the request of Mayor Rodriguez, Commissioner Holzman moved to appoint Libby Stroud to the Education and Youth Advisory Board. Vice Mayor Orlove seconded the motion. The motion passed. Vice Mayor Orlove did not want to appoint the two applicants for the Financial Advisory Committee, who were currently regular members, to an alternate position, if regular appointments were not available for reappointment. It was determined the appointments for regular members had not appeared on the list of vacancies and would be included at the next meeting. Motion Vice Mayor Orlove moved to table his appointment to the Financial Advisory Committee. Commissioner Hay seconded the motion. The motion passed. 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 Motion Vice Mayor Orlove moved to appoint Helen Bush to the Firefighter's Pension Board. Commissioner Holzman seconded the motion. The motion passed. Motion Commissioner Ross moved to appoint Arthur Gabler to the regular position on the Golf Course Advisory Committee. Commissioner Hay seconded the motion. The motion passed. Motion Mayor Rodriguez nominated Corrado Giangreco. Commissioner Holzman so moved. Vice Mayor Orlove seconded the motion. The motion passed. Motion Commissioner Ross appointed Dr. Ginger Pederson to a regular position on the Historical Resources Preservation Board. Commissioner Holzman seconded the motion. The motion passed unanimously. Motion Mayor Rodriguez nominated Eric Salomonsson. Commissioner Holzman so moved. Vice Chair Orlove seconded. The motion passed. Motion Vice Mayor Orlove appointed Paul Gionfriddo. Commissioner Holzman seconded the motion. The motion passed. Motion Commissioner Hay appointed Harvey Rosenblum. Vice Mayor Orlove seconded the motion. The motion passed. Motion Commissioner Ross moved to table the remaining appointments. Vice Mayor Orlove seconded the motion. The motion passed. 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 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 meetings held on May 3 and May 12 and May 17, 2011 B. Accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the seven (7) month period ended April 30, 2011. Mayor Rodriguez sought clarification that the revenues and transfer funding was $2.1 million behind schedule. Barry Atwood, Director of Finance, confirmed and pointed out it was very similar to the figures last year, at this time. It has been the trend and would be monitored closely. The benchmark for property taxes would be available after the tax sales are held in July. The figure is 1 % lower than last year. The expenditures were higher because of the pension payments being made bi-weekly. The recommendation for next year will be to pay all the pension costs at the beginning of the year. The Annual Required Contribution (ARC) for the pension is $12 million. Motion Commissioner Hay moved to accept. Vice Mayor Orlove seconded the motion. The motion passed unanimously. C. Approve membership in the Gold Coast Clean Cities Coalition and authorize the Mayor to sign a letter of commitment to be included in the Florida Gold Coast Sustainable Community Planning for Electrical Vehicle Charging Infrastructure grant application. D. Approve cancellation of the current custodial contract with Performance Cleaning Group for non-submittal of performance/payment bond. Attorney Cherof requested the terminology be changed from "approve cancellation" to "approve mutual rescission" of the contract. Discussion revealed the City was not satisfied with the performance of Performance Cleaning Group and the Group does not want to perform the work. There has been agreement to do a mutual rescission. Motion Commissioner Holzman so moved. Commissioner Hay seconded the motion. The motion passed unanimously. 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 E. Appoint Assistant City Manager Lori LaVerriere as one of two City representatives to the Boynton Cultural Centre. F. Receive the recommendations from the "review committee" to rename Veterans Park in honor of Harvey Oyer, Jr., rename Veterans Bicentennial Park to Veterans Park, and to rename the Boynton Beach Child Care Center building in honor of Lena Rahming. Additionally, to receive an update regarding the Boynton Beach/Lantana Rotary Club's request to have Jaycee Park renamed Boynton Beach Rotary Park. Commissioner Ross brought attention to the renaming of the Boynton Beach Child Care Center. She inquired if the name would officially be Lena Rahming-Williams. Mr. King asserted his Aunt was widely known as only Lena Rahming and the family would appreciate the Center being named as such. Commissioner Ross had received numerous phone calls and emailsindicatingLenaRahming-Williamswascorrect.Mr. King was speaking for the relatives of Ms. Rahming including her brother and sisters. Wally Majors, Recreation and Parks Director, understood the facility would be named for Lena Rahming. Commissioner Ross noted the husband disagreed. Mr. King advised the family did not recognize a marriage had taken place. Her legal name is Lena Rahming. Mayor Rodriguez felt the legal name should be used and the City Manager's office could confirm the name. There was consensus the matter be returned to the Commission to be formalized. Vice Mayor Orlove wanted to have a better understanding of the naming of Jaycee Park and the status of the Rotary Club in the name. Mr. Majors explained the Rotary Club and another group had requested renaming the park. The review committee studied the reason for the original naming of Jaycee Park and the new recommendations. The first recommendation was to not change the name; however, the Rotary recommendation referenced a commitment to maintain the Park and a financial contribution. The Commission directed staff to get more information on the offer from the Rotary Club. The Club advised they would do a monthly cleanup at the Park and donated $250 annually to offset expenses in exchange for being part of the name for the Park. The current request is to accept the recommendations of the committee and then final approval of each individual name would come before the Commission again. The Park had been adopted by another group and two organizations can adopt the same park. The other recommendations were to rename Veterans Park in honor of Harvey Oyer and rename Veterans Bicentennial Park to just Veterans Park. Commissioner Holzman understood the Oyer family indicated there was some kinship to Boat Club Park and he thought that should be recognized. Mr. Majors reported the committee felt there was a 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 connection to Veterans Park since Mr. Oyer worked adjacent to the Veterans Park on a daily basis, he had a strong relationship with veterans in the community and there would be significance to the location being in the downtown. There were strong opinions and a great deal of discussion. Mr. Bressner recommended the item be tabled and staff separate the parcels into individual agenda items. Vice Mayor Orlove inquired if the Oyer family agreed with the recommendation. Mr. Majors gleaned from correspondence, the family would be honored regardless of which park was named in Mr. Oyer's honor. Motion Vice Mayor Orlove moved to accept the report with the exception of staff review of the naming of the Boynton Child Center for Lena Rahming. Commissioner Holzman seconded the motion. Mr. Bressner noted the matter would have to come back to the Commission for final disposition. Commissioner Hay did not understand the hesitancy on the name for Lena Rahming. There was no legal obligation to use a specific name. Rather, Lena Rahming was a name to be honored. Mayor Rodriguez felt the issue was the family had a dispute about the name. Vice Mayor Orlove did not want a conflict as a result of not properly naming the building. There was agreement she was known as Lena Rahming. Mr. Majors advised he would divide the items into three separate requests and would return for approval on renaming Jaycee Park, Veterans Park, Veterans Bicentennial Park, and Boat Club Park. A fourth item would be a decision on the Child Care Center and the name to be utilized. Commissioner Ross wanted there to be discussion with the Oyer family to ascertain their wishes. Commissioner Holzman had spoke with Harvey Oyer III and been told the family would be honored either way, but would prefer Boat Club Park. The motion passed. G. PROPOSED RESOLUTION NO. R11-061 - Approve an Agreement for Professional Services between the Cities of Boynton Beach, Delray Beach and Boca Raton and RCC Consultants, Inc., for engineering and consulting services associated with the consolidation of the three cities' radio/dispatch/911 functions for a firm fixed price of $54,000 or $18,000 for each City Vice Mayor Orlove was concerned if the problems with the West Palm Beach system would occur with the system being proposed. Matthew Immler, Chief of Police, advised the system was not similar to West Palm Beach. The radio system being proposed is consistent with all three cities and works through County control and links into Palm Beach Sheriff's Office. There have been only minor problems. Mr. Bressner explained 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 the consultant would be providing preliminary information on the feasibility of moving the dispatch centers of all cities to a hurricane hardened facility in Boca Raton and share costs. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. The motion passed unanimously. H. PROPOSED RESOLUTION NO. R11-062 - Rescind Interlocal Agreement between City of Boynton Beach and Town of Gulfstream dated September 7, 2004 Commissioner Holzman commented in 2004 an agreement was made with the Town of Gulfstream that, if Boynton Beach were to annex the property, the zoning and land use would be limited to a similar density as currently exists in Gulfstream. In consideration of the limitation, the Town of Gulfstream waived their right to annex the property. The Town of Gulfstream recently annexed the property and violated the agreement with Boynton Beach. The property is worth $115 million of property tax value. Multiplied over the twenty-year term of the agreement would produce $14 million in tax revenue at the current tax rate. The City of Boynton Beach should assert its right, under the contract and be compensated for the money the City of Boynton Beach lost. The situation should be rectified. Rescinding the agreement would not be in the best interest of the taxpayers of Boynton Beach. Mayor Rodriguez asked if the Town of Gulfstream had the right to terminate the agreement. Attorney Cherof advised there was no unilateral right to terminate the agreement. It could be done by mutual agreement to rescind. From the City's standpoint, if the agreement was not rescinded it would be a contract that could still be enforced. The Town of Gulfstream claims the vote on annexation rendered the agreement moot. The City Attorney did not agree. Mayor Rodriguez interjected the property annexed would have to be contiguous to the City boundary and a referendum vote for annexation into the City of Boynton Beach would also have to be done. Attorney Cherof agreed there were conditions of annexation that would have to be met if the City exercised the right to annex the property. Attorney Cherof advised there was more to the history of the relationship and the origin of the agreement and other agreements as well. If the matter were tabled, it could be returned and include a list of all the legal alternatives to the City. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 Motion Commissioner Ross moved to table. Commissioner Holzman seconded the motion. The motion passed. I. PROPOSED RESOLUTION NO. R11-063 - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on May 5, 2011 1) Authorization to decrease our Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2010/2011 to .2000/1,000 gallons 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-064 - Award the remaining period (June 8,2011 - September 30,2012) of a "Two-Year Contract For Custodial Cleaning Services For Facilities", Bid #063-2511-10/JMA to the second lowest bidder, First Genesis Lawn Service, Inc., of Boynton Beach, Florida, in the amount of $366,656. Vice Mayor Orlove recalled a past discussion relating to consolidating all the custodial contracts. Jeff Livergood, Director of Public Works and Engineering, replied the discussion related to incorporating the services for the Utilities Department into the overall, general custodial contract. An evaluation of the contracts for compatibility revealed some of the lab cleaning in the Utility Department could not be incorporated into the existing contract. The Utility Department contract has gone out to bid and would be returned to the Commission in the near future. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. The motion passed unanimously. 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. 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 None 10. CITY MANAGER'S REPORT A. Approve schedule/route change from 6-day per week refuse collection to 4-day per week refuse collection. Mr. Livergood remarked an evaluation of all operation budgets revealed a budget reduction in Solid Waste could not be effectuated. The last three years were analyzed and $190,000 of costs could be cut by making some operational changes. It would be returning to a four-day schedule which will be well received by the citizens and provide make-up days. Mr. Livergood took the opportunity to recognize a long-time employee, Larry Quinn, who was retiring. The City has made tremendous strides in the collection of solid waste during Mr. Quinn's tenure. It included converting to full automation, increase recycling efforts and even with the growth the City has experienced, utilizing less employees in the division. Mr. Livergood attributed the success to Mr. Quinn and was proud of his efforts. He thanked Mr. Quinn for his support and hard work. Mayor Rodriguez requested more information on the calculation of the $81,000 in savings on five vehicles. Mr. Quinn advised the savings would be from prefunding and maintenance. The vehicles include one automated, one front loader, one cherry picker, one pickup truck and one dump truck. The vehicles would be sold at auction. The salvage value was not calculated in the projected savings. Mr. Quinn speculated the vehicles could be auctioned for a total of $50,000 to $60,000. Mayor Rodriguez inquired about additional savings if one-day a week collection was initiated. Mr. Quinn opined a once-a-week service would be the worst thing the City could do. An analysis was given to the Financial Advisory Committee. Mr. Bressner interjected the Committee was not finished with their analysis. The concern was too many changes were being considered rather than one comprehensive change. The proposed schedule change would work with once-a-week pickup. There would be a financial savings also; however, there were many other issues that would arise. Don Scantlan, 13 Cedar Circle, Chair of the Finance Committee, clarified the discussion of the Committee was not an analysis of the one day a week pickup. It was determined there had to be more investigation over the next year, including the concept of outsourcing. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. The motion passed unanimously. 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 7,2011 The Commission and Mr. Bressner thanked Mr. Quinn for his service and dedication. B. Discuss Economic Development incentives and allocation of funding for the City of Boynton Beach and provide policy direction to staff (TABLED on 5-17- 11) Quintus Greene, Development Director, indicated staff had prepared a report on the economic development section in the City Code, proposed incentives and allocation of funding for the City's economic development program. Two sections were reviewed relating to economic development incentives in the Community Redevelopment Agenda (CRA) and the other speaks to economic development incentives in Planned Industrial Districts. The waiver of fees was addressed and the lack of any responsibility on the businesses to obtain the incentives in the eRA. The Planned Industrial District had very specific requirements that must be met for incentives such as number of jobs created, salary levels and retention of the business for at least three years. Staff was recommending the two areas have very similar requirements and the Commission have a broader discussion on the economic development incentives generally. The Renaissance Commons and Las Ventanas projects were done without any financial incentives. It was ascertained that the incentives applying to Planned Industrial District has been applied; however, the incentives for the CRA have not been offered. Discussions between Mr. Greene and the CRA Director revealed there was an issue with the two sections. There was discussion that the lack of knowledge of the existence of these types of economic development incentives mentioned in the Code was disturbing. Making changes at this point, without practical application, was questionable. Mr. Greene and staff had researched that Boynton Beach was one of only two cities in the State that had Code requirements to offer incentives without any responsibility on the part of businesses. Whether the Code needed changed could not be determined since the incentives had never been utilized. Neither Boca Raton nor Delray Beach have such regulations, yet they are thriving cities. Commissioner Hay summarized the City was at a juncture and had a tool that may be useful. Moving forward should be the focus rather than looking back and asking why it has not been used. Commissioner Ross contended now that the provisions were known, they should be dissected to determine their applicability. Mr. Greene attempted to clarify by reviewing a quantitative analysis called the Impact Fee Reduction and Development Activity in Florida counties. Impact fee reductions usually included some requirement on the part of the businesses. The study indicated impact fee reductions are not that effective a tool for economic development. The summary conclusion indicates the average percentage change in permit issuance does 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 not suggest a strong correlation between fee reductions and an increase or decline in building permit issuance. Mayor Rodriguez summarized that Boynton Beach wanted an edge above other cities and asked Mr. Greene for a recommendation to entice businesses to come to Boynton Beach. Mr. Bressner clarified the request was for staff to consider the current Code parameters and develop other proposals for economic development. The language approved from 1996 may not be appropriate in a market that has changed drastically since that time. Vice Mayor Orlove wanted specifics on what tools should be used or funds budgeted specifically for economic growth. Mr. Greene noted the problems of economic development transcend the Code. The fundamental building block for an overall economic development program is a business retention program. Steps had been taken to initiate such a program. A lack of resources has limited the effectiveness of such a program. A team should be developed from the public side and private side. It now consists of Mr. Greene and Mr. Jergensen from the Chamber of Commerce. The needs of the existing businesses have not been determined. Vice Mayor Orlove stressed determining what tools should be gathered to create a plan. was necessary. Commissioner Holzman wanted to be assured retention and new businesses were both addressed. Commissioner Ross added the Business Development Board works closely with municipalities for those purposes and assists in marketing the cities. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R11-059 - Establish a Special Events Ad Hoc Advisory Committee (TABLED on 5/17/11) Motion Commissioner Holzman moved to remove from the table. Vice Mayor Orlove seconded the motion. The motion passed. Vice Mayor Orlove sought an explanation on why it was an ad hoc committee. Mr. Bressner replied it would be an experiment to combine talents from other advisory boards. Mayor Rodriguez had proposed there be an advisory board rather than an ad hoc committee. He did not want to limit the selection to those individuals currently serving on existing advisory boards. Vice Mayor Orlove wanted to be sure some synergy was created using individuals who already work well together on existing boards. Carisse LeJeune, Assistant to the City Manager, pointed out there were specific skill sets listed to ensure those with the necessary backgrounds are included to make it a professional type committee. 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 7,2011 The selection of the staff liaison was discussed and a list of possible duties and responsibilities were outlined. The burden for the success of the ad hoc committee should be the responsibility of the entire committee and not the liaison. There was consensus that the City Manager's office and CRA Executive Director would determine who the liaison would be. Motion Commissioner Holzman moved to approve subject to announcement of the liaison by the City Manager and Executive Director of the CRA. Commissioner Hay seconded the motion. The motion passed unanimously. B. Continue discussion of City Manager resignation - TABLED from May 17, 2011 City Commission Meeting. Motion Commissioner Holzman moved to remove from the table. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Holzman moved to accept June 30, 2011 as the resignation date of the City Manager, Kurt Bressner. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Appointment of an Interim City Manager was discussed. Ms. LaVerriere was asked if she would accept the appointment as Interim City Manager. Ms. LaVerriere replied she would be honored to serve. Motion Vice Mayor Orlove moved to appoint Lori LaVerriere as Interim City Manager. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Holzman contended there were two options that should be discussed. First was to bring on a consultant to assist through the budget hearings. It would provide an opportunity to have a fresh perspective to review the City and the budget to see the pitfalls and opportunities that may exist. The next City Manager would then have a blueprint for success. In a transition period, it would be best to have a plan established before new management is in place recognizing the strengths and weaknesses that exist. An audit may be appropriate to analyze the City's financial status and outline a plan to address any issues. 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 7,2011 Commissioner Hay stressed the current staff had the history needed and he would not support bringing in another individual to overshadow the work and progress made to date. The main issue would be the funding for any consultant. Commissioner Hay had confidence in the current staff, with Mr. Bressner's advice, to get through the budget and lay the groundwork for next year. He would not support the expenditure at this time. Mayor Rodriguez established the balance of Mr. Bressner salary for the year minus the separation pay would result in a $10,000 expense. Mr. Atwood confirmed the approximate calculation. Vice Mayor Orlove concurred with Commissioner Hay and recalled the Commission had wanted money for a historic preservation planner. In his view, the planner position would be more important than hiring a consultant to speculate on the direction a new City Manager may want to take the City. Mr. Bressner reported the Historic Planner position had been budgeted for the next year and hopefully the remainder of this year. The applicants had been interviewed and two candidates were viable. Commissioner Ross thought the figures spoke for themselves and she concurred with Commissioner Hay and Vice Mayor Orlove. The next phase would be commencing the search for a new City Manager. Other cities in the area have recently hired City Managers and Commissioner Holzman suggested staff contact those municipalities, and request copies of the applications they have received. Commissioner Holzman suggested letters be sent to those applicants to ascertain if they would be interested in coming to Boynton Beach. It would save the cost of hiring a search firm. Commissioner Hay cautioned there was no comparison between Boynton Beach and the City of Ft. Lauderdale, one of the cities suggested. Mayor Rodriguez thought it was a good idea and pointed out North Palm Beach had also just hired a new City Manager. Vice Mayor Orlove agreed with the suggestion and questioned if other cities that are similar in size could be found. Mr. Bressner interjected the letter of inquiry should include the issues facing the City, together with a profile of the community and the traits preferred by the Commission. An information packet should be prepared and Mr. Bressner offered to prepare the necessary documents. Motion Commissioner Holzman moved to direct staff to request public records from the City of Ft. Lauderdale and any other surrounding cities in the State who have found a new City Manager within the last year, as well as putting together a profile with the assistance of the current City Manager. Vice Mayor Orlove seconded the motion. 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 Don Scantlan, 13 Cedar Circle, reminded the Commission that Workforce Alliance offers the service for businesses daily and it is free. The motion passed unanimously. 12. NEW BUSINESS A. Request to consider amendment to City Code on temporary banners.. Commissioner Hay had received input from existing businesses concerning feather banners. The Code currently does not allow this type of banner. It was a vertical banner on a pole that is in put in the ground. The Ordinance relates to 20 square foot banners. Mr. Bressner interjected the Code had been amended to allow the banners. Mike Rumpf, Planning and Zoning Director, advised the banner could not be placed in the landscaping buffer. Commissioner Hay knew the banners were allowed for 90 days for new businesses. Mr. Rumpf noted new construction could use the banners for one year. Commissioner Hay proposed the banners be permitted for a longer period of time. They do bring attention to an establishment and business owners had reported when the banners were taken down there was a significant reduction in the business. He asked that staff take a more in depth look at the issue. Providing assistance in the retention of businesses in the City can only be a benefit. The assessment of a fee could be an option. Mayor Rodriguez reiterated the discussion related to temporary banners, no more than 20 square feet in size, on new development is one year and a new business for 90 days. Commissioner Hay questioned why the banner had to be removed after 90 days. Mayor Rodriguez expressed concern that allowing the banners for a longer period would delay the installation of more permanent signage. Mr. Rumpf noted the site plan approvals normally include the signage and can be a condition of approval if not done in conjunction with the project. The 90 days could be broken up over a year timeframe. Mr. Bressner reported 65 violations since 2009 were issued for banners without permits. The City should be working with the businesses. Commissioner Holzman did not want to lose sight of the beautification of the City. Mr. Rumpf offered a one-year trial period to extend the time period for the banners for a specific time may be more appropriate than changing the Code. There are not that many applications for this type of banner. Lynn Carrier, owner of Marathon Music, related she had been denied a permit for a feather banner. The banner was being used as an inexpensive form of advertising. The feather banner grabs the attention of passersby and brings attention to the permanent signage. The sign was only displayed during business hours. Mr. Bressner offered that specific definitions have to be developed and administrative guidelines established for specific standards. 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 Mayor Rodriguez emphasized the impact across the City has to be considered. If there is an explosion of feather signs, they will not grab the attention as intended. Commissioner Hay was looking for options. Hernan Argueta, owner of Heavy Hittaz Barbershops located in Boynton Beach and Lantana, had a banner displayed, but had to take it down. The banners would assist the owners and enhance the City's revenue for the permit. He was attempting to advertise. Mayor Rodriguez reiterated his concern that the City had to carefully assess the impact on the City of Boynton Beach as a whole. Vice Mayor Orlove inquired if there could be a hardship exception if location was an issue. He did agree with Mayor Rodriguez's concern City-wide. The direction was to have staff make recommendations how the feather banners work within the constraints of the current Code. The placement of the banners should also be addressed and the time period allowed. Mr. Rumpf could bring back suggestions along with benchmarking the concept with other municipalities. (Commissioner Hay left the dais at 9:20 p.m.) 13. LEGAL A. PROPOSED ORDINANCE NO. 11-017 - SECOND READING - Approve an amendment to modify the definitions of sporting good stores, new auto dealers, and used auto dealers (CDRV 11- 004) of the Land Development Regulations (LOR), Chapter 1, Article II Definitions, to allow the retail sale of electric and / or motorized bicycles, mopeds, and scooters in sporting goods and / or other retail stores. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 11-017 by title only on second reading. Eric Johnson, Planner, revisited the regulations presented at the last meeting and recommended approval as submitted. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove 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 4-0. B. PROPOSED RESOLUTION NO. R11-060 - Approve execution of the Joinder to the Memorandum of Understanding between The South Florida Water 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 Management District, Palm Beach County, Lake Worth Drainage District, and the City of Fort Lauderdale, regarding C51 Water Supply & Water Quality Reservoir Planning and Development (TABLED on 5-17-11) (Commissioner Hay returned to the dais at 9:24 p.m.) Motion Commissioner Holzman moved to remove from the table. Commissioner Ross seconded the motion. The motion passed unanimously. Mr. Bressner thought it was a broad based initiative that was a good project. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public comment. No one came forward. The motion passed unanimously. C. Request for closed door session to be held at 6:00 p.m. on June 21, 2011 regarding WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, - Palm Beach County Circuit Court - CASE NO. 50 2010 CA 029319 XXXX MB Attorney Cherof advised more time would be required to accommodate discussion on two additional cases. The other cases are the Boynton Beach Mausoleum Inc. lawsuit and the Lisa Bright public records request lawsuit. There was consensus to begin the discussions at 5 p.m. D. Discussion regarding applicability and possible modification to the City's lobbying registration ordinance. Attorney Cherof pointed out, on paper, the Ordinance seems to serve a public service by allowing the public an opportunity to understand how and when public officials are lobbied. In terms of application, enforcement and regulation, it is difficult, if not impossible. Some modification or delegation of responsibility is needed. The County has also adopted an Ethic Ordinance and the State has provisions dealing with conflicts of interest requiring disclosure of certain types of contacts and may include lobbying. The violations involved occurred during a public meeting after the public had notice of the meetings to hear and see the same materials. The Ordinance needs some refinement and policy direction. The violations that occurred during the workshop session have progressed from the fines being imposed and the appeal period is now running. One appeal has been filed and a special magistrate will have to be appointed 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 7, 2011 by the City Manager to conduct an appeal hearing. Any changes initiated at this point, would not alter the prior violations. Mayor Rodriguez strongly urged the Commission to maintain its own Ethics Ordinance. He asked Attorney Cherof to return to the Commission with recommendations for continued oversight, but less demanding than the current ordinance. The requirement for reporting contacts could be less stringent, but the registration requirements continued. It could be made more manageable. Attorney Cherof noted the current regulations and State provisions to report voting conflicts, provides more than sufficient access for the public to be aware of the proceedings. The additional role of each Commissioner may be an issue versus the role of a lobbyist. Commissioner Hay agreed with the Mayor's suggestion to modify the present Ordinance. Attorney Cherof advised he would recommend the presumption be the Commission sits to serve the public and not abuse the position for personal gain. Vice Mayor Orlove did feel there were not clear and precise definitions of lobbying and lobbyist. Disclosures could be made at the beginning of each item on the agenda. Motion Commissioner Holzman moved that Attorney Cherof return with suggestions on how to resolve the issue. Vice Mayor Orlove seconded the motion. Brian Edwards, 629 NE 9th Avenue, appreciated the City Attorney's perspective of clarifying the Ordinance and educating the Commission and Board on the issues. The meeting at Intracoastal Clubhouse and subsequent fines that were levied was mishandled and that type of situation should be avoided. City officials have spoken with individuals not being lobbyists, who were ultimately awarded contracts. He was confident a resolution could be achieved. Commissioner Holzman thought any fines collected as a result of the Ordinance should be given to charitable organizations throughout the City. The previous motion passed unanimously. Motion Commissioner Holzman moved that any monies generated from the fines are to be distributed to charitable organization within the City of Boynton Beach and designated by the Commission. Commissioner Ross seconded the motion. The motion passed unanimously. 20 Meeting Minutes Regular City Commission Boynton Beach, FL June 7,2011 14. FUTURE AGENDA ITEMS A. Follow up staff report on Boynton Woman's Club - June 21, 2011 B. Announce FY 2011-2012 Budget Workshop Dates C. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD D. Request by the 300 Property Owners Association to receive title to vacant open-space property from the City. - For agenda 06-21-11. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:45 p.m. CITY OF BOYNTON BEACH ~..-~ ATTEST: Steven Holzm , ?7~/L Marlene Ross, Commissioner ,-\ 't( dith A. Pyle, CMC puty City Clerk 21 From: <fiveready@aol.com> Date: Wed, 14 Ju12010 17:10:40 -0400 To: Rick Gonzalez<rick@regarchitects.com>; <harveyoyer@comcast.net> Subject: Fwd: Good morning! Ok, herels the proposal from the group Jose wants to hire. S9litRttwe~ve some~ because Rick has already done some of the arch. work? Thanks for letting me know what you think. I plan to be deeply involved with these guys, goaJ #1 is to make the city retain ownership, then weill kick around what goes in it, but having the financial aspects put together is the one key step we've been lacking. Best B ----Original Message---- From: LaVerriere. Lori <LaverriereL@bbfl,us> To: fiveready@aol.com Sent: Wed, Ju114, 201012:20 pm Subject: RE: Good morning! Yes ma'am -here you go, Have a good one, From: fiveready@aol.com (mailto:fiveready@aol.com) Sent: Wednesday, July 14, 2010 2:02 AM To: LaVerriere, Lori SUbject: Good morning! Good morning Lori, If you get a minute would you please remember to forward the IBI info to me? Thank you, Barb