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Minutes 07-05-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JULY 5,2011 PRESENT: Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim City Manager Shana Bridgeman, Assistant 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 Commissioner Hay Mayor Rodriguez called the meeting to order at 6:30 p.m. and welcomed everyone. Vice Mayor Orlove gave the invocation. Commissioner Hay led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Consent Agenda Items A and D. 2. Adoption Motion Vice Mayor Orlove moved to adopt the agenda. Commissioner Ross seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross announced there would be an item on the July 19th agenda relating to the 300 Property Owners' Association in the Meadows and assuming ownership of a vacant city-owned park at the corner of Meadows Boulevard and Springfield Boulevard. Commissioner Ross also wanted discussion of a proposed dog park and the Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Communit~ Action Plan to be added to the Future Agenda Items. She also indicated the July 4t Extravaganza was fantastic and thanked Vivian Brooks, Kathy Biscuiti and the Community Redevelopment Agency (CRA) staff. Vice Mayor Orlove concurred with Commissioner Ross that the 4th of July celebration was a great event. He had assisted the Sand Sifters with the monthly clean up of Oceanfront Park on Saturday. Vice Mayor Orlove announced an event that was being done in conjunction with the Parks and Recreation Department and Chamber of Commerce; "A Wedding on the Waterfront". The event includes a free wedding ceremony in February, 2012, including a reception at Oceanfront Park and services donated by the Chamber of Commerce and local businesses. Applications would be available on the website and at City Hall. No funds would be budgeted and all the services donated. Either the bride or the groom had to live within the City. It would be an opportunity to showcase Oceanfront Park and businesses within Boynton Beach. Commissioner Hay reiterated the July 4th celebration was probably the best so far and there were thousands in attendance. Commissioner Hay also congratulated Commissioner Ross for being appointed to the Water Management Committee for the League of Cities. Commissioner Ross clarified she was chosen as an alternate member and could attend all the meetings. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim July as Parks & Recreation Month Mayor Rodriguez proclaimed the month of July as Parks and Recreation Month and presented the documentation to Wally Majors, Director of Recreation and Parks. Mr. Majors thanked the Commission and urged everyone to pick up a copy of the FunFare Magazine that provides a wide variety of activities offered through the Department. 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) No one came forward and Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 2 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Motion Commissioner Ross moved to appoint Robert Bucella to the Code Compliance Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Orlove moved to appoint Calin Mircea Roiban to the Education and Youth Advisory Board as a student member. Commissioner Ross seconded the motion. The motion passed unanimously. B. Accept the resignation of Lorrie Scott, a regular member of the Code Compliance Board Motion Commissioner Holzman so moved. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Orlove moved to table all other appointments. Commissioner Ross seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's One Year Action Plan for FY 2011/2012. The anticipated 2011/2012 Community Development Block Grant allocation is $479,344. Commissioner Holzman had pulled the item for discussion. He was concerned there was no indication of the plans for the monies to be given to the Faith-Based Community Development Center (CDC). The justification for the dollar amount was not clear and there is some discrepancies that the CDC partners with the City and Habitat for Humanity that factors into the dollar amount to be awarded. All other organizations provided clear and concise information. Mayor Rodriguez pointed out the recommendations were not made by staff, rather a committee. 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Octavia Sherrod, Community Improvement Manager, explained the purpose of the Faith-Based CDC, a community-based organization, with 51 % of the Board members from the distressed area. The Housing and Urban Development Agency (HUD) mandates helping to serve community development and housing missions that are required. It empowers local residents and gives them a voice in the future of their neighborhood. The goal is to assist the organization to achieve a greater production capacity. There were two organizations that had merged to one. They target very low and low income individuals. Commissioner Holzman recognized the City partners with the CDC in the NSP (Neighborhood Stabilization Program). The request was to give $100,000 to the CDC with no specific project or basis for community development. Ms. Sherrod replied it would sustain their operation. Mayor Rodriguez agreed the $100,000 was aggressive for the CDC since the City had just given them land to build some housing by partnering with Habitat for Humanity. He suggested reducing the amount to $65,000. Then increase the Community Caring Center to $55,400, give the Girl Scouts $10,000, give Aids to Victims of Domestic Abuse $23,000, with the remainder to the City of Boynton Beach Recreation Department.. Ms. Sherrod cautioned there is a maximum of 15% of the entire amount that can be given to service organizations. Vice Mayor Orlove thought it might be inappropriate to circumvent the recommendations of the citizen committee. Mayor Rodriguez indicated he was attempting to add equality to the process. Ms. LaVerriere questioned why the recommendation was to reduce the allocation for the CDC from $100,000 to $65,000 if they did not partner with Habitat for Humanity. Ms. Sherrod explained the committee felt the money should go to support the Ocean Breeze project to be a success. Ms. Sherrod advised staff did not recommend giving money to the Recreation and Parks Department since the scholarship program had been funded for several years and all the monies had not been used. Mr. Majors advised the scholarships were awarded based on the applications received. The criteria are based on the school district's reduced lunch program. In previous years, Ms. Sherrod noted they have used less than $10,000. Commissioner Holzman suggested making the scholarships full rather than a percentage to entice more participants who could go to camps. Ms. Sherrod reiterated that only $71,000 could be allocated for public service. Commissioner Hay felt it was unfair to the committee to re-allocate their funding decisions. It was time-sensitive and a thirty-day comment period had to be given. (Discussion on the item continued after figures were confirmed by staff) 4 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Ms. Sherrod noted the CDBG funding was $479,344. HUD regulations allow 15% to be expended for public service. The agencies that fall within the definition of public service are Aids to Victims of Domestic Abuse, The Community Caring Center, Girl Scouts and the Unlimited Dance and Art Enrichment. The 15% total was $71,901. Commissioner Holzman suggested the monies that were allocated over and above the 15% be returned to the City to be used for the housing program. Ms. Sherrod pointed out the committee did not recommend any funding for the Girls Scouts or the Unlimited Dance and Art Enrichment programs. She agreed with that recommendation because the applications were not complete and did not substantiate the need for the funding. Mayor Rodriguez suggested the Commission should have input on the composition of the committee members. The CDC receives the majority of the funding every year and he felt it should be balanced more fairly. Commissioner Holzman proposed $45,000 be given to the CDC and the remaining $65,000 given to the City for revitalization and beautification of the City. Motion Commissioner Holzman moved to reallocate $35,000 from the Faith-Based CDC and put it into the Housing Rehabilitation and Delivery Program in the City. Commissioner Ross seconded the motion. Vice Mayor Orlove wanted further information on the Housing Rehabilitation and Delivery Program. Ms. Sherrod advised it was a grant for housing rehabilitation and addresses major Code related issues involving minimum housing standards. There is a geographical area of priority but the Program addresses need. It is an ongoing process that is marketed to the residents. There is a criteria for the homeowners to meet to be eligible. Keturah Joseph, Director of the Boynton Beach Faith-based CDC, reminded the Commission the CDC was a non-profit community development corporation. The staff ha been reduced to three staff members providing the same level service as originally established on opening. They provide free home buyers counseling as a HUD certified housing counseling agency for Boynton Beach and surrounding areas. They utilize the first-time home buyers program, assisting 120 buyers. The CDC provides free financial literacy to anyone and is very involved in foreclosure counseling services. The NSP generates a small amount of revenue for the Corporation. There is a free youth program that hires 20 kids who are paid a stipend. The CDC has partnered with Habitat for Humanity on the Ocean Breeze project that will generate no profit. The allocated money would fund a full-time position for a home-buyers counselor with benefits. It would pay part of the Director's salary that was being reduced to part-time because many funding sources have disappeared. If the funding was reduced, only one 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 position would barely be funded. The allocation proposed would limit the amount of resources going back into the community. The motion passed 3-2 (Vice Mayor Orlove and Commissioner Hay dissenting). Mayor Rodriguez commented all the monies would go back into the community. The authority to spend those dollars changed. Commissioner Hay pointed out a committee had been formed and made a recommendation. It was being modified even though it was an established organization that had received the bulk of the funds and needed assistance to continue their service to the community. B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the eight (8) month period ended May 31, 2011. C. PROPOSED RESOLUTION NO. R11-069 - Approve renewal of the City's Vision Plan with Humana CompBenefits for the renewal period October 1,2011 to September 30, 2013 D. PROPOSED RESOLUTION NO. R11-070 - Approve a Five-Year Agreement with The Family Vending Co. Inc. of Coral Springs, FL for providing vending machines at various City locations, RFP #053-1410-11/CJD. The Agreement calls for the awarded vendor to pay the City a commission based on sales. Commissioner Holzman questioned the length of time involved in the contract. Tim Howard, Deputy Director of Finance, advised the last contract was set up the same way and it was advertised as such. There was no additional savings involved. References were submitted and contacted. The current vendor was sent the Request for Proposal and chose not to respond. There would be regular meetings with the vendor to determine if changes in the selections should be made. Motion Commissioner Holzman moved to approve Proposed Resolution No. R11-070. Vice Mayor Orlove seconded the motion. The motion passed unanimously. E. Approve the minutes from the City Commission meeting held on June 21,2011 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-071 - Approve renewal of the City's Life and Disability Insurance Plans with Hartford Life for the Fiscal Year 2011/2012 6 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Commissioner Holzman inquired if there was any reason not to go out for a Request for Proposal. A Willis Consultants representative advised the City's life rate is lower than any other in the tri-county area. Hartford was willing to come down 10% on everything except long-term disability because there are existing high claims and a few pending claims. They would come down 5.5%. It was decided a better rate could not be found by going out to market. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R11-072 - Approve a one-year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2011 through September 30, 2012 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach Commissioner Holzman inquired if this would be involved in any collective bargaining. Ms. LaVerriere did not think it would be affected because the modification to plan were minimal and fell under the 15% allowed changes. There would be no increase cost and only minor modifications to the plan. Motion Commissioner Ross moved to approve. Commissioner Hay 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. None 10. CITY MANAGER'S REPORT 7 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 A. Provide direction to staff regarding the Old High School RFP elements including proposed use, land disposition and preliminary engineering 1 architectural work. Ms. LaVerriere explained staff needed more direction from the Commission on the parameters of the RFP (Request for Proposal). The IBI Group had identified three specific uses and staff recommended limiting the RFP to the three uses; education banquet uses as a single tenant, jobs based multi-tenant models andlor arts or cultural based user. The proposed lease or sale of the land was another area that needed more specificity in the RFP. Jeff Livergood, Director of Public Works and Engineering, advised there was a separate parcel when the CRA owned the building within the defined set backs. The vacant lot to the west of the Old High School is City-owned and staff was recommending it be made available in the RFP because parking would be an issue. Any parameters would further define any transfer such as a low dollar amount, if the proposal is satisfactory. Mayor Rodriguez felt the responders should be extended the highest level of incentives. The $4 million to $5 million needed to renovate the building would be on the responder and conveying the building for $1 to the responder, with some deed restrictions, would be an incentive. The incentive should include the City-owned land for parking needs. Commissioner Holzman inquired why the option for conveying to a 501(c)(4) was eliminated. Mr. Livergood indicated the idea was to let the responders propose the funding sources. Ms. LaVerriere defined a 501 (c)(4) as being a non-profit, but limited to a public purpose. Mayor Rodriguez and Commissioner Holzman did not want to limit the possibilities and not including a 501 (c)(4) organization would limit the uses. Vice Mayor Orlove felt the RFP should be open to any organizations or non-profits. Attorney Bridgeman interjected the 501 (c)(4) had to be operated for social welfare. Commissioner Ross noted it should be at least three uses most likely supported by the commercial market. Commissioner Hay asked if a sale price had been established for the sale of the property. Ms. LaVerriere contended a figure should not be included, rather offers provided by the responders. Mayor Rodriguez emphasized the Commission would have the ultimate decision on the uses. Making the RFP as open as possible to as many available options was the best course. There was consensus to include language that the City would be willing to deed the property with certain restrictions and the vacant lot to the west of the building would be included in the deal, but the tree would have to be preserved, if possible. The engineering and architectural design services to stabilize the floor and shell of the building were recommended to be started immediately at a cost of $250,000. It was suggested those services be the City's contribution to get the project started and be an incentive and a good faith gesture. It would have to be funded in the capital improvement budget. Commissioner Holzman would not support adding any debt to 8 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 finance the design services without a firm proposal. It could be recouped in any subsequent development agreement, but could deter some responders. The other incentive could be waiving the permit fees that could total $160,000 to $180,000. Waiving the permit fees would be less risk because the project would already be underway. Commissioner Hay wanted to see the project move forward and spend the $250,000 upfront with the idea of recovery since he had faith the project would sustain itself in the near future. There was a slight risk he was willing to assume. There was agreement that the goal should be to restore the building to as close as its current architectural style and design. Motion Vice Mayor Orlove moved to provide engineering and in the RFP show that we are providing engineering and stabilization services for the Old High School in lieu of waiving permitting fees and for staff to determine what would be the pay back situation on money expending on those services. Mr. Livergood added the Community Redevelopment Agency (CRA) could offer some incentives as well. A Request for Qualification (RFQ) would go out to meet CCNA requirements that could take three months to select a consultant to negotiate a task order. Private entities would not have the contract regulations to hire an architect because there would be no bidding process. Vice Mayor Orlove amended his motion to have the RFP include the City would provide the engineering and stabilization services in lieu of waving the permitting fees. He asked staff to put out an RFQ regarding engineering and stabilization services for the Old High School. Commissioner Hay seconded the motion. The motion passed 4-1 (Commissioner Holzman dissenting). Mayor Rodriguez stressed that no dollars had been allocated for the project at this time. No funds could be expended until the monies are found during the budget process. There was further discussion to waive the permitting fees. It would be contingent upon the budget workshop discussions and the available funds, if any. Any incentives the CRA may have available would have to be brought before the Community Redevelopment Agency Board (CRA). The issue of economic development funding was also considered that would be contingent on the budget finalization. Attorney Bridgeman advised the monies cannot be committed until the budget is adopted. Ms. LaVerriere suggested the discussions be continued during the budget workshop. 9 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 (Discussion on Item 6.A was continued). B. Update on staff research regarding potential city ownership of the Women's Club. Mayor Rodriguez disclosed he had received a request from the President of the Women's Club to table the item; however, he thought discussion could be heard without taking action. The President had to assure she had the support of the voting membership to take any action. Mr. Livergood reported staff had met with the Women's Club to clarify the issues for both sides. There is recognition of the architectural and historical value of the building. Staff identified three factors that merit further evaluation and discussion. The building condition has to be such that it would not burden future taxpayers with significant expense to maintain the building. It would be best to contract with a historical firm that specializes in historic structures to obtain an analysis of the structure itself and maintain the historical integrity of the building. The approximate cost would be $15,000 to $20,000 for an architectural assessment. The second issue would be proposed future uses for the building. It would have to fit into the City's system of buildings and not compete with any of the existing facilities. Mr. Livergood speculated the Women's Club could do more to market the building and government may not need to be involved. The private sector could do more in the area of marketing than the public sector. He concluded the building had great value and part of the due diligence should be to make sure the building is used to its full potential. If the City owned the property, parking would need to be addressed including the installation of a pedestrian signal to access parking at the existing City-owned facilities. There is a strong sentiment to preserve the building, but there has to be a break-even point of maintaining and use of the building. Vice Mayor Orlove reviewed possible alternative parking locations. The building is on the National Register and the City should have some involvement in the use or promotion of the building. He was in favor of seeking an architectural analysis. The parking would have to be available for whatever the use may be, private or public ownership. Mr. Livergood indicated there were many ways to solve the problem. Vice Mayor Orlove wondered if the Greater Boynton Beach Foundation could become involved, as well as the CRA and the City maintain some involvement. Mayor Rodriguez felt the Commission agreed on the concept of supporting the building, but the extent of that involvement and possible detriment to the rest of the City had to be considered. Vice Mayor Orlove did not want the facility to compete with existing City facilities for the benefit of the community. Commissioner Hay inquired about the number of parking spaces that would be needed. Mr. Majors responded there had to be one parking space for every 100 square feet and 10 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 the building was 15,000 square feet. Approximately 16 spaces are now available at the building. There are 65 to 70 parking spaces available at the Senior Center. Mayor Rodriguez opened the issue for public comment and no one came forward. C. Discuss the format for the FY2011/2012 Budget Workshops being held July 11, 12 & 13, 2011. Ms. LaVerriere reviewed the proposed format and announced the schedule. Mayor Rodriguez suggested the discussions start with the biggest budgets. The proposed agenda for each day were outlined and there was consensus that each department do an overview and then go into questions from the Commission. Mayor Rodriguez contended a positive, "we can do it", attitude should be utilized. 11. UNFINISHED BUSINESS A. Request to consider amendment to City Code on temporary banners. Mike Rumpf, Director of Planning and Zoning, recalled the matter had come before the Commission based on the request of two business owners. The current regulations allow one, 20 square foot maximum banner to be displayed up to one year at new multi- family developments or any non-residential development and two, 20 square foot maximum banners to be displayed at one driveway per frontage for up to one year at new mixed-use developments and one, 20 square foot maximum banner to be displayed for a cumulative maximum period of 90 days per year for an existing or new business within the City. The banner could be on a building fa~ade or placed behind the shrub line and not attached to landscaping materials. Various types of banners were displayed. Certain signs are prohibited including signs that flutter or are animated, as well as pendants and streamers. The sign regulations do not allow feather banners. The various type of feather banners can vary based on degree of movement. There are tear drop banners, vertical flag sign or banner, or bow type banners. The idea was not to show the copy of materials, but to attract attention, Staff met with the two business owners that had appeared before the Commission. They also phoned other municipalities in the area and found they limit the use of these types of banners to new businesses. Some allowed feather banners for a period of seven days to 67 days. There are many forms of ways businesses attract attention and many are contrary to the City's regulations, such as window advertising, commercial vehicle signage, and small "A" frame signs. Window signage currently is limited to 20% or three square feet of the window area depending on location and was not intended to be visible from motor vehicles passing by. The new regulations prohibit vehicle signage within 25 feet of the front property line for more than four hours over a 24-hour period. 11 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 The staff report offers various options with an emphasis on the display period and the feature of feather-style banners as approved signage. The options include status quo with no change to allowing feather banners without limit during the display period. The second option includes the static banner, but an increase in the display period with an extension provision. The third option inserts the feather banner provision and allows them at any location for the current static banner duration. Option four includes a density limit to offset the proliferation. There was a suggestion for a one-year test period to evaluate the impact. Proliferation could be an issue. The recommendations are based on the current economic conditions and a test period would allow the regulations to sunset and then an extension would be added, if necessary, and the program was successful. The size and height standards for a feather banner would have to be included in any regulations and the type of banners allowed or not allowed would have to be delineated. Sign regulations are an area of special concern and have been tested through the highest courts. A street front or non-street front differentiation in sign standards should be considered as it could impact the streetscape. The prohibition of the feather banners would have to be amended. There should be an allowance for at least one banner for each business at one location, within the specified time period. Provisions to preserve visibility at corners would be necessary. The "A" frame type signs could be allowed. An amended fee schedule would have to be adopted and it may require more staff attention to monitor the signage. Mr. Rumpf distributed a letter submitted on behalf of Mega Mini relating to their signage and the issue of removal of their sign that had existed for many years, even though it was non- conforming. The sign is not a permitted sign and the letter requests a Code amendment to allow re-installation of the sign to accommodate their unique circumstance. Commissioner Holzman thanked Mr. Rumpf for the very detailed report and noted any small change to the Code would affect many throughout the City. It is not a small issue. He inquired how many times a request for feather banners or issues about feather banners had been dealt with. Mr. Rumpf replied questions on the type of signs allowed are common and the feather banner had been requested. Escalating to this level has not happened until now. There are many feather banners on display and if the businesses were all cited, there may be more requests for allowing those types of signs. The economic development impact of any amendments was not known. Signs are very critical and the raw data on the cost effectiveness of signage is hard to obtain. Considering the number of businesses in the City, there were not many requests about banner signage. Quintus Greene, Director of Development, advised he had no empirical data or basis to make any assumptions. Mr. Greene did not see an issue with allowing the banner signs as long as they were properly controlled. If too many signs were displayed, it could 12 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 have a negative impact on businesses. A few banners would probably help the specific businesses. A test period would give the opportunity to test the program for its impact on the City streets and the associated businesses. Ms. LaVerriere added to obtain data the businesses would have to be willing to participate and share the information. Mr. Greene interjected a survey form would have to be developed and sent to any business who installed the banners, pursuant to the Code and the impact on the businesses. Commissioner Hay agreed with the suggestion of Mr. Rumpf to have a one-year test period. Commissioner Hay had spoken with other businesses and their focus was not on signage, rather survival. There was enough interest to modify the regulations during the economic downturn to help businesses survive. There was agreement by staff to track as much data as possible on the economic impact on the businesses of the proposed changes. Mayor Rodriguez expressed concern that enforcement of the new banner regulations would impact staff. Vice Mayor Orlove pointed out there are many signs that are currently in violation of the Code. The financial impact on business may not be indicative of whether the new signage is good or not. One banner every three hundred linear feet seemed manageable with a maximum display period of 90 days. Mayor Rodriguez continued to be concerned about how the success of the signage would be measured and by whom. Motion Commissioner Hay moved to accept the recommendation of staff to increase the advertising mechanism and visibility for the businesses while minimizing the overall impact on the streetscape. He moved to implement staffs recommendation. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public comment. Lynn Carrier from Marathon Music, 701 N. Congress Avenue, appreciated the attention of staff to the issue. The data should be viewed about the violations that currently exist. It is a matter of Code Enforcement implementing the modified program and then after a year looking at the number of permits requested and the number of violations. The density levels would be helpful. The additional revenue would benefit the City. Commissioner Holzman's concern was the rotation of the ninety days and who would determine the rotation schedule. There could also be issues if there was sufficient frontage along strip malls to accommodate all the feather banners permitted, diminishing the impact of all feather banners. It could create more issues than solving issues. 13 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Commissioner Hay commented the feather banners did not seem to be an issue in other municipalities who allowed them. Chief Immler interjected he did not feel the banners would create any type of safety hazard. The sidewalks along Congress are not used that much. The size, style and height of the banners to be permitted was discussed. Establishing and monitoring any rotation of the 90 days would be more staff intensive to monitor. The motion passed 4-1 (Commissioner Holzman dissenting). B. Follow-up to the Ad Hoc Special Events Committee Staff Liaison and Appointment Process Mayor Rodriguez supported the recommendation to use the existing members to establishing qualifications for the team. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. No one came forward for public input. The motion passed unanimously. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-018 - SECOND READING - Approve amendments to the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development Districts (PID). Applicant: City-initiated. Eric Johnson, Planner II, reminded the Commission the request was to amend the Land Development Regulations to allow bars and nightclubs as conditional uses in the mixed- use pods. The regulations would change so a bar or nightclub that is a conditional use in the C-3 zoning district would also be a conditional use in mixed-use pod of a PUD. There was only one PID that had mixed-use pods and that is Quantum Park. There are mixed-use pods on the north and south side of Gateway Boulevard. A cigar bar owner wants to introduce alcoholic beverages to his establishment. A cigar bar is a retail establishment that is allowed. 14 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 Commissioner Holzman was concerned that the change would allow the sale of alcohol in close proximity to those areas allowed to have adult entertainment. Mr. Johnson understood it would. Mr. Rumpf added the adult entertainment ordinance did not have a distance separation from the sale of alcohol. Motion Commissioner Ross moved to approve Proposed Ordinance No. 11-018. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public hearing. Harry Hersey, 3438 Embassy Drive in West Palm Beach, wanted to become a business owner in Boynton Beach and wanted to include alcohol beverages with cigar sales as a test site. He was present to answer any questions. He hoped to be in business within twelve months. It is a 3,500 square foot, stand-alone building. Attorney Bridgeman read Proposed Ordinance No. 11-018 by title only on second reading. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Lobbyist Registration Ordinance - David Katz Attorney Bridgeman advised the ordinance was placed on the agenda at the request of Vice Mayor Orlove. The previous discussion was if an investigation should be conducted if there was a violation of the lobbyist ordinance. Attorney Cherof had advised a determination on whether an investigation would be done could not be made because the police records and documentation explaining the alleged nature of the violation were not available. There was also no determination that the level of violation would violate the anti-lobbying provision. Now that the State Attorney's office has concluded their investigation, the records have recently become available and Attorney Cherof will be working with the Interim City Manager to make a determination as to whether an investigation may continue, pursuant to the plain language of the Code of Ordinances. Vice Mayor Orlove established there was no investigation taking place at this time. He was concerned with the process and procedure. Since the City Attorney had been asked to bring a revised lobbying ordinance to the Commission, it may be improper to have an investigation ongoing under the current ordinance. It would be the City Manager's decision whether or not to pursue the investigation. Vice Mayor Orlove contended any confusion on the process should be addressed and resolved in the new 15 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 ordinance. There should be some input from the City Attorney on how an investigation takes place and the proper procedure involved. Commissioner Holzman offered the current ordinance allows any individual to make a complaint to the City Manager and the City Manager determines whether an investigation is warranted. Attorney Bridgeman advised the specific language is, ". . . the City Manager shall conduct an investigation as deemed necessary under the circumstances". Commissioner Holzman related there had been a suggestion to the City Manager that one individual or more had violated the City ordinance and the City Manager makes a determination. Commissioner Ross added she had been told by the City Manager there was no official investigation, contrary to what any newspaper or media outlet had reported. Mayor Rodriguez stressed the ordinance is specific about the responsibility of the City Manager at her discretion to take action. Interim City Manager LaVerriere agreed any investigation was at the discretion of the City Manager. Her pause was to wait for the return of the City Attorney and discuss the merit of a violation of the lobbying ordinance, and if the individual meets the definition of being a lobbyist. There was no investigation at this time. 14. FUTURE AGENDA ITEMS A. Discuss the request by Ms. Lonergan of the Meadows HOA to allow the HOA to assume maintenance of the City vacant park land located at the Southwest Corner of Meadows Boulevard and Springfield Boulevard (extended) - 7/19/11 B. Economic Development Plan - 7/19/11 C. Modification to City's lobbying registration ordinance - 7/19/11 D. Contractual Agreement between the City of Boynton Beach and Sharyn Goebelt - 7/19/11 E. Update by Utilities on the Seacrest Corridor Project - 7/19/11 F. Follow-up to City/CRA workshop - 8/02/11 G. Veteran's Park on Ocean Ave - 08/16/11 H. City Manager Search - 8/16/11 16 Meeting Minutes Regular City Commission Boynton Beach, FL July 5, 2011 I. Recommendation from the "review committee" to rename the Boynton Beach Child Care Center building in honor of Lena Rahming - TBD J. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meting at 9:50 p.m. CITY OF BOYNTON BEACH ATTEST: Steven Holz an, om miSSioner -/~~L Marlene Ross, Commissioner /~~to 17