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Minutes 10-18-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, OCTOBER 18, 2011 PRESENT: Jose Rodriguez, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor Kerry Ezrol, City Attorney Woodrow L. Hay, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. CaII to order - Mayor Jose Rodriguez Mayor Rodriguez called the meeting to order at 5:49 p.m. Ms. LaVerriere advised Commissioner Holzman had been delayed and would be arriving shortly. CLOSED DOOR SESSION to be held at 5:45 p.m. regarding BOYNTON BEACH MAUSOLEUM, INC., Plaintiff /Counter- Defendant, vs. CITY OF BOYNTON BEACH, Defendant /Counter - Plaintiff/Third -Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third -Party Defendant. - Case No. 502008CA030196XXXXMB(AB) Attorney Ezrol explained there would be a private session to discuss the case of Boynton Beach Mausoleum, Inc. vs. the City of Boynton Beach and Boca Raton Mausoleum, Inc., Case No. 502008CA030196xxxxMB(AB). Those in attendance would be the Mayor, members of the Commission, the Interim City Manager, City Attorney and a Court Reporter. The session would take approximately 30 minutes. Motion Commissioner Ross moved to adjourn. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Mayor Rodriguez recessed the meeting at 5:51 p.m. 1 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Motion Commissioner Ross moved to reconvene the meeting and Commissioner Hay seconded the motion. Vote The motion passed unanimously. Attorney Ezrol indicated the closed -door session involving the Boynton Beach Mausoleum case concluded approximately 15 minutes ago and the public meeting could be reconvened. Mayor Rodriguez declared the meeting reconvened at 6:31 p.m. B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross Commissioner Ross gave the invocation and led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections There were no changes to the agenda. 2. Adoption Motion Commissioner Hay moved to approve the agenda. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross reported she had attended the non - profit luncheon sponsored by the Chamber of Commerce and was impressed with the many and varied non - profits operating in the City. She also announced the Sister City Committee would be hosting 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 a fall fundraiser, miniature golf tournament at Puttin' -a -Round in Delray on November 17, 2011. Vice Mayor Orlove had attended the Downtown Open Market event on Ocean Avenue. The event would be held again in November. Commissioner Holzman had also attended the Downtown Open Market event and enjoyed the Gourmet Food Trucks. Commissioner Hay acknowledged he had participated in the Read for the Record program sponsored by the Literacy Coalition of Palm Beaches. He read at Youthland Academy and hoped the City of Boynton Beach would again have the highest participation. Commissioner Hay and Mayor Rodriguez had attended the unveiling of the new signage for Harvey Oyer Boat Club Park, named for a man who had epitomized the history and spirit of the City of Boynton Beach. Mayor Rodriguez advised there were eleven participants in the Literacy Coalition Mayor's Challenge and he had read the story at the Library where the children had come dressed in their pajamas. Mayor Rodriguez and Commissioner Hay had been given a tour of Forest Park Elementary that has the talent and tools to be a highly successful school for the students. Vice Mayor Orlove's wife is a reading coach at the school. The Commission and the City was honored to be able to rename Boat Club Park in memory of Mr. Oyer. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Sand Sifters Harvest Beach Clean Up, which will be held Saturday, November 5, beginning at 8 a.m. at Oceanfront Park. Gary Solomon, President of Sand Sifters, announced the organization was in its sixth year and the monthly beach cleanups had been very successful, saving the City and County approximately $600,000. He announced the Sand Sifters would be involved for six weeks in an after school program to teach children how to cook healthy. They would also be holding the 6 Harvest Beach Cleanup on Saturday November 5, 2011 from 8 a.m. to 10 a.m. and raffling off Publix turkey dinners. There would be a food and toy drive benefiting the Community Caring Center. There would be a manatee awareness program and recycling education. The Green Market Cafe would be donating free smoothies and there would be a nature walk. T -shirts would be sold, pumpkins given away and free cider distributed. The program was designed to educate people about the environment and the beauty of Oceanfront Park. In conjunction with the Parks Department, they would hold the 2 annual Boynton Beach Craft and Treasure Sale on January 21, 2012 from 11 a.m. to 4 p.m. at the Civic 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Center, featuring the Great American Bake -off. There would be 15 vendors selling upscale crafts with pie and cake contests. Publix would be donating 200 pies for sampling. Mayor Rodriguez thanked Mr. Solomon for his community spirit and assistance with all the programs. B. Presentation of the US Green Building Council, South Florida Chapter, 2011 Gala Verde award for Green Government. Jonathan Burgess, Palm Beach Branch Chair of the US Green Building Council and Hector Samario, Vice President of the Greater South Florida USGBC Organization, were present, representing the non - profit organization with a mission to transform the building environment in South Florida. The group was a clearing house for experts in water usage, energy consumption, indoor air quality, green products and much more including green financing. Mr. Samario presented the 2011 Outstanding Green Government Award to Mayor Rodriguez and explained cities will have to absorb, on average, 70 million more residents each year for the next 40 years. The demographics indicated the population of those 50 years and older will double by the year 2030. While cities will shape the future, the current population will shape the cities themselves with green initiatives. The City of Boynton Beach balances its economic competitiveness with a clean environment and high quality of life for the residents. The City initiatives did not go stale and were implemented with the support of the leadership of the City. Incentives were established for the residents, businesses and developers to help or defray the cost of green development. The competition for the award was intense. Mayor Rodriguez remarked it was a true team effort of staff and commended Nancy Byrne, Interim Development Director and Commissioner Ross, "The Green Commissioner ". The City was honored to receive the award. Mayor Rodriguez also recognized Commissioner Holzman for his idea relating to solar panels on the four acres near the golf course. C. Presentation recommending to the City Commission the establishment of Les Cayes, Haiti as Boynton Beach's next Sister City. Major Joseph Bernadel will be making the presentation. Jeannie Heavelin, President of the Sister Cities Committee, gave an overview of the formation and mission of the Sister Cities organization that began with establishing a relationship with Qufu, China. The program promotes cultural, humanitarian, educational, business, professional and technical exchanges and projects. They were asking for approval to establish a relationship with Les Cayes, Haiti. She introduced Major Bernadel who presented the delegation representing Les Cayes and students 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 from Toussaint L'ouverture School. A representative from the Mayor and Council of Les Cayes was present. Major Bernadel displayed pictures and a presentation on the Les Cayes area of Haiti that is only a 38 minute flight from Ft. Lauderdale to Haiti and then 30 minutes from Port au Prince to Les Cayes. It is the third largest city in Haiti with an urban population of 60,000 and rural population of 65,000. There is a small airport and maritime port. The City is developing with many business opportunities to share. Fifty percent of the population is below 20 years old and will need jobs and services in the future. Major Bernadel thanked Commissioner Ross for the opportunity to be part of the program. Mayor Rodriguez thanked the delegation and students for being present and participating in the exchange. He felt the Commission would be supportive of entering into an agreement between the two cities. In particular he thanked Ms. Heavelin for her hard work in keeping the program alive and expanding. Commissioner Ross was thankful for the decision made to sister with Les Cayes, Haiti. Vice Mayor Orlove mentioned the City of Boynton Beach has a significant Haitian population and there were many similarities of the two cities. Commissioner Hay hoped other cities in south Florida would initiate relationships with other cities in Haiti. Motion Commissioner Ross moved to support an official Sister Cities agreement. Commissioner Hay seconded the motion. Commissioner Holzman asked if the agreement committed the City to any type of financial responsibility. The agreement would be brought before the Commission for final approval and signatures. There was no commitment for financial assistance. Vote The motion passed unanimously. 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) Gary Davis, 13015 N. 42 Road, Royal Palm Beach, had taught at the Sims Center for the Youth Violence Prevention Program He advised the programs work to encourage and educate the youth. The creative films the students produced have been shown throughout the County, on the School Board Station and two films were in the Film Festival held in Lake Worth. Mr. Davis presented Mayor Rodriguez with a plaque 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 acknowledging the participation of the students in the Festival, together with a letter that announced two of the twelve films selected were from the Boynton Beach programs. Mayor Rodriguez thanked Mr. Davis for his dedicated work with the teens. Willie Aikens, 715 NE 1 Street, representing the Heart of Boynton, announced a raffle fundraiser for the Heritage Festival. The prize was two nights at the Holiday Inn Express. Mr. Aikens requested a meeting with the Commission or Community Redevelopment Agency to discuss the Habitat for Humanity project and Land Trust. 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 There were no appointments made. 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 regular meeting held on October 4, 2011 B. PROPOSED RESOLUTION NO. R11 -114 - Approve an annual service Agreement with Motorola, Inc. in the amount of $108,443.04 for the continued maintenance and repair of the City's radio telecommunications system and authorize the Interim City Manager to sign the Agreement. C. PROPOSED RESOLUTION NO. R11 -115 - Approve the revised fee structure for Boynton Beach Memorial Park / Sara Sims Memorial Gardens D. Approve a new classification to the City's pay plan and change the position title of a City employee to the new classification. E. Approve the expenditure of $27,506.85 for the annual renewal of the Grants Network Master License and Service Agreement with eCivis. F. Accept the written report to the Commission for purchases over $10,000 for the month of September 2011. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 G Approve an Audit Committee comprised of the Director of Financial Services, Deputy Director of Financial Services and Budget Manager for the purpose of recommending a CPA Firm to conduct the annual audit of the City's financial statements. 7. BIDS AND PURCHASES OVER $100,000 A. (1) Disposition of bid protest appeal (2) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders (3) PROPOSED RESOLUTION NO. R11 -087 - Award a contract for Bid #059 - 2821- 11/TWH "Regional Lift Station at Pence Park" to Wharton- Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner's contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11 & 10/4/11) Motion Vice Mayor Orlove moved to remove the Item from the table. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Attorney Ezrol advised there was a staff recommendation that the Commission reject all the bids. If all bids were rejected the bid protest would become moot. Motion Commissioner Holzman moved to reject all bids. Commissioner Hay seconded the motion. Ms. LaVerriere advised there were ongoing discussions with the consulting engineer construction management services portion of an existing contract. There would be a request to discontinue that contract. A budgetary issue had arisen on the third phase of the raw water main project. The appeal portion of the Pence Park portion has delayed the contract that has affected the pricing of the consulting engineers to manage the construction. With the advice of Legal to reject all bids, the consulting services portion of the bid would be re -bid and the construction of the lift station rebid. A delay in the project would not be critical since it is a relief master lift station and Kofi Boateng, Director of Utilities, confirmed. Mayor Rodriguez opened the issue for public comment. Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Gary Brandenburg, an attorney representing the Hinterland Group, the lowest bidder on the project, was extremely disappointed the second lowest bidder was the recommendation of staff. The recommendation was supposedly based on Hinterland Group not specifying previous work on similar projects. They were currently doing similar work for Palm Beach County and in the past for Seacoast Utilities. Mr. Brandenburg suggested the staff had recommended a larger company to have less risk. The consultants did indicate Hinterland Group was a good, reputable company in conjunction with all the references submitted. By rejecting all bids, the City would lose the advantage of a $27,000 lower bid and having a local company perform the work. There would also be additional costs in rebidding the project and extra engineering review. He requested the City honor the bid documents and award it to the lowest, responsible bidder, Hinterland Group. Vice Mayor Orlove inquired if the office was located in Cocoa, FL where the local firm was located. Mr. Brandenburg replied there was an office in West Palm Beach. They have worked for Seacoast Utilities, the City of Lake Worth and installing six lift stations for Palm Beach County. Attorney Ezrol interjected the City staff, City Manager and City Attorney responded to the bid protest addressing all the issues raised in the appeal. Mayor Rodriguez summarized the bids could all be resubmitted and any deficiencies could be corrected or emphasized. Vote The motion passed unanimously. Attorney Ezrol suggested the Commission move to deny the petition protest based on the fact it would be moot. Motion Commissioner Holzman so moved. Commissioner Hay seconded the motion. Vote The motion passed unanimously. B. Approve changes to the Annual Bid for Landscape Maintenance, original Bid #054 - 2730- 08 /JA, to redistribute maintenance locations and tasks to second lowest bidders, due to the closing of one of the awarded vendors - TABLED ON 10/4/11 Motion Commissioner Holzman moved to remove from the table. Commissioner Hay seconded the motion. 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Ms. LaVerriere advised staff recommended the item remain on the table to finalize pricing with the second lowest bidder. The change was a result of the current contractor going out of business. Consensus Mayor Rodriguez declared there was consensus for the Item to remain on the table. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 11 -026 - SECOND READING - Approve Habitat for Humanity (LUAR 11 -001) reclassifying subject property from Public and Private Governmental /Institutional (PPG!) to Moderate Density Residential (MoDR). Applicant: Michael Campbell Attorney Ezrol read Proposed Ordinance No. 11 -026 by title only, on second reading. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 11 -027 - SECOND READING - Approve Habitat for Humanity (LUAR 11 -001) rezoning subject property from R -1 -A (Single - family Residential District) to R -1 (Single - family Residential District). Applicant: Michael Campbell Attorney Ezrol read Proposed Ordinance No. 11 -027 by title only, on second reading. Motion 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. Mayor Rodriguez questioned when the plans would be submitted. Mike Campbell from Habitant for Humanity responded the plans were in process and would be submitted within the next 30 days. A blitz build was planned for June of 2012 when all five homes would be built by five contractors in five days. Hanna Matras, Planner, remarked it was a single - family subdivision and not subject to the site plan process. It would not be coming before the Commission or CRA for discussion. According to Mr. Campbell, community meetings would be held sometime in November. In relation to the Ocean Breeze project, at least four plans would be brought to the next Community Redevelopment Agency Board meeting. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS A. Accept the Draft City of Boynton Beach Economic Development Program. Ms. LaVerriere advised staff had prepared a program and was seeking conceptual approval of the plan and overall approach. Specific individual items would be introduced as part of the implementation of the economic efforts. Nancy Byrne, Interim Director of Development, had prepared a program to lay the future ground work for future policy decisions to grow the economic base and create new jobs. The program would not be a substitute for the formal economic development plan. The program had been reviewed by the Community Redevelopment Agency (CRA), the Greater Boynton Beach Chamber of Commerce, Palm Beach County Economic Development Office and the Business Development Board of Palm Beach County and their suggestions integrated. The implementation plan now exceeds 50 action items. The plan is based on the creation of an enterprise -wide economic development team in the City, partnering with the CRA and Greater Boynton Beach Chamber of Commerce, so that greater things 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 could be achieved with fewer resources. A major stakeholders meeting would be scheduled to get feedback and input on the plan and how it would impact individual economic situations. The action items are broken into three timelines — short term, 0 -2 years; mid term, 3 -7 years and long term, 8+ years. The implementation schedule is a rapidly moving target. Some items under short term now exist within the City. The City's current economy is similar to the entire County. However, the City's per capita real property taxable values have fallen 36% since 2008 and covers 59% of Palm Beach County. Boynton Beach has the lowest per capita real property taxable value among the three other largest cities in the County. There is a large inventory of inexpensive homes. Residential land use demands more services than they pay for in tax revenue. The City has the second highest share of commercial value and the highest share of industrial value in total real property taxable value. The commercial base is predominately retail, generating plentiful, but low -wage jobs. The industrial base is mostly warehousing and generates few low -wage jobs. The largest share of employment is the 27% in the retail sector. There is a large health services sector employing 11% of the total work force, followed by finance, insurance and real estate firms at about 9% of the work force. The office market is small, low end and low quality. There is a 23% vacancy rate in the City's available office space. The focus of the industrial areas is to bring in manufacturing and higher level paying jobs than the warehousing sector. The inventory of class "A" office space has to be increased to attract the higher wage jobs. The unemployment rate peaked at an all time low of 11.1% in 2010 and has now decreased to 10.1% in this year and was on par with surrounding municipalities, and ahead of the County. The request was for approval to move forward with the implementation plan and trigger staff to return to the Commission with a PACE program within the City to establish a funding mechanism to bring in jobs and create energy efficient improvements. Automation enhancement must be done to make the City competitive in the market place. Marketing materials will be needed in conjunction with the branding and creating an identity. Marketing is the key to the program. A decision would need to be made if an economic development professional or contractor was needed to create the formal plan. Chapter 8 incentives need to be discussed with the CRA and additional incentives for the monies budgeted. A better web page would be needed to spotlight available land, locate businesses and projects and opportunities within the City of Boynton Beach. Upon approval, the enterprise -wide economic development team will be organized to engage every department in the City so a consistent message of economic development will be delivered to citizens and businesses in the field. The established partnerships with various County agencies would be strengthened and encouraged. The Development Department had been loaning LDR, zoning analysis and refinement with the CRA and targeting areas to make the Codes more desirable for developers and 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 alleviate constraints in other areas of the City. Enhanced building division services are being investigated, along with partnering with the County to become a portal of work coming into the City. The development review process must be refined with enhanced services provided to businesses coming into the City. A new interactive map has been created that will be an exciting economic development tool that will be appreciated by the Chamber of Commerce and all businesses within the City of Boynton Beach. Ms. LaVerriere remarked the City had reached out to the Business Development Board and Chamber of Commerce about the approach and felt the program was appropriate. It was apparent there were many services available through other agencies that have not been utilized up to this time. It will take time and effort. The goal was for Boynton Beach to be the most attractive area in Palm Beach County. Glenn Jergensen, of the Chamber of Commerce, was pleased to be a part of the planning and implementation. The assets and databases of the Chamber were available, as well as the resources among all agencies, to bring businesses to Boynton Beach. Mayor Rodriguez appreciated Mr. Jergensen's support and appreciated the views of the business community. Commissioner Hay recalled he had campaigned to get the three major entities within the City together to move forward with economic development. Vice Mayor Orlove thanked staff for their efforts and was pleased with the results achieved. Commissioner Ross concurred. Ms. LaVerriere added with the approval of the concept, the plan would be fluid and changing to adapt to the needs and interests of all boards, agencies, businesses and citizens. A quarterly update would be provided to the Commission on the progress and achievements. Motion Commissioner Ross moved to accept the draft economic development program. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for any comments from the public and no one came forward. Vote The motion passed unanimously. B. Discussion of the City's Branding Initiative and future development. 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Authorize the utilization of up to $10,000 of Economic Development Incentive funding for professional marketing services to facilitate completion of the brand development process. Carisse LeJeune, Interim Assistant City Manager, gave an overview of the branding initiative. It was the result of the efforts of a branding committee that included Glenn Jergensen, Ms. LaVerriere, Margie Walsh from the CRA, Debby Coles - Dobay, Public Art Administrator; Ginny Shea, Recreation Manager; Alan Karjalainen, Webmaster and Ms. LeJeune. Branding is a way to strategically position the approach to economic development. It is important to know the image of the City to be communicated out to the world. Branding unites a community around a competitive identity and communicates that approach as a distinctive and relative experience. It is not an advertising message, rather the essence of the functional and emotional benefits of visiting Boynton Beach. Branding is done in four phases: brand assessment, brand promise, brand blue print and brand culturalization. The initial brand assessment had been completed with a summary of key elements related to the City's identity. A survey was published to identify tangible and intangible attributes of the City and evaluate the Gateway to the Gulfstream tag line. The City is the closest point in the US to the Atlantic Gulfstream that is responsible for the year- around good weather. There are many marine and water related activities available. The phrase evokes images of the tropics and the connection with the natural energy of the ocean. The survey revealed the four key conceptual attributes of the City that was shared with all local agencies, organizations and other stakeholders. The Palm Beach County Convention and Visitor's Bureau had been working to make Boynton Beach their beta location for a national /international branding campaign. They are willing to partner with the City to promote the branding and consolidate resources to market the City. The next step should be the creation of a brand promise and deliver an experience. It should be the community's commitment for the kind of experiences for visitors and stakeholders in the city of Boynton Beach. Dale Carlson with the Palm Beach County Convention and Visitor's Bureau, confirmed the City was developing a successful brand assessment process. To make it more of a success, community leaders would have to be brought together to speak for the communities and develop the process. The Breeze into Boynton phrase would be taken to business professionals, meeting and event planners and posted to the website. Ms. LeJeune continued the next step would be developing the brand blueprint to convey the brand promise in logos, graphic representations, by -lines and tag lines. The blueprint would become the action plan. The final part would be the brand culturalization and the customer service end to create a cohesive image of the promise of the experience of visiting Boynton Beach. 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 The web site was being revised by a team to create a vibrant, exciting web page available around the world. Commissioner Holzman thanked staff for their efforts to this point. He did comment the County and the City's existing logos were harmonious and very consistent. Based on the available data, the City should use what is currently available and expand it rather than spend more monies. The process of cleaning up the City should be given priority rather than developing a new brand for the City. Vice Mayor Orlove disagreed with Commissioner Holzman. He opined having a logo and slogan was not the same as having a brand. A brand is reflective of the feeling the City provokes in the citizens and visitors. He argued that the $10,000 requested would be money well spent for economic development. Commissioner Hay agreed with the Vice Mayor that new thinking should be encouraged to enhance the approach to move the City forward and be competitive around the world. He totally supported the branding initiative. Commissioner Ross concurred and felt it would be a mistake to ignore branding as a critical element in economic development. The plan was not frivolous. Mayor Rodriguez commended staff and the CRA. He felt there was a need to do the branding and done in conjunction with marketing and economic development. It could be done more efficiently and expeditiously if the current logo could be incorporated. Ms. Carlson responded the survey revealed the intangible sales elements. The plan suggested could be completed in three months if the brand promise committee becomes fully invested in the project and completes it in a timely fashion. The next step would be the brand blueprint after the promise had been submitted to the Commission and the investment allotted for the artwork and other ancillaries. Ms. LaVerriere noted there was little or no budget available for the campaign. The request for $10,000 of economic development incentive monies would be used to develop the stakeholders' process that would be vital to develop the promise. It was projected to be done in six to nine months. Mr. Jergensen interjected the "Breeze into Boynton" campaign would be launched in January 2012. He noted the economic development and branding of the City had to be done together to market the City. Mayor Rodriguez questioned how Boynton Beach could distinguish itself from other cities that are attracting businesses. The City had to compete at a higher level to entice businesses to the City. He wanted the program and process to be results driven and not activity oriented. Ms. Carlson noted the process included identifying the competition and what makes the City of Boynton better and different. Vice Mayor Orlove offered there were many elements that played a role in the branding blueprint and a guidebook would be needed for staff, officials and residents. 14 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Commissioner Holzman contended the way to change the current message is to change the infrastructure, sweep the streets, clean the entrance ways and improve the City for its identity. The branding will not change what people see as they enter the City. The look of the City had to change to attract business to the downtown. The branding would not change what is here. Commissioner Ross argued the assets must be embraced and integrated into a positive message. Mayor Rodriguez noted if the logo and brand do not fit with the City, then all efforts had been wasted. The change will take time and money. He asserted the logo branding, concept marketing should be tied with the infrastructure mentioned. Ms. Carlson agreed the culturalization was the last step to complete the deal. Ms. LaVerriere noted there had to be a way to attract businesses and people to come into the City in the first place. There needs to be a positive feeling immediately upon entering the City. Motion Vice Mayor Orlove moved to accept staff's report and have them come back by January with a report how it could move forward for the $10,000. Ms. LaVerriere would be bringing a contract to the Commission for approval for the marketing assistance. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for additional public comment. No one came forward. Commissioner Hay was honored that Boynton Beach was being used to jump start the County program. He wanted the City to take advantage of the opportunities it would afford. Vote The motion passed 4 -1 (Commissioner Holzman dissenting). C. Review the Florida Atlantic University (FAU) Consultant Report on redistricting alternatives for City Commission Districts within the City of Boynton Beach, Florida and direct staff to prepare a redistricting ordinance from one of the alternative district configurations for the November 1, 2011 City Commission meeting. Ron Shultz, Urban Geographer and Professor Emeritus at FAU; James Clark, an instructor and GIS professional and Rick Householder, a GIS professional and adjunct instructor within the Department were present to explain the process and results of the redistricting process. The Charter for the City of Boynton Beach dictates the election districts should have equal population, compact, proportional and logically related to the boundaries of the neighborhoods within the City. Meetings with all the elected officials 15 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 and staff were held to answer any questions. The data came from the 2010 census that was being used for all levels of redistricting. It is resident population and citizenship or voter registration is not required. The standard is population deviation of plus or minus 5 %. Geographic continuity and appropriate compactness is required and respect for the integrity of communities of interest relates to not dividing the population within subdivisions. Maintenance of the existing district has to be considered, as well as the views and concerns of the current elected officials. Population equality is the primary goal, influenced by the other factors. The official population of Boynton Beach from the Census of 2010 is 68,215 residents. Each district should have a population of approximately 17,054, if equally divided. The current districts have an unbalanced population with a spread of 34 %. The average deviation is 11.1% with District 4 having a 22% positive deviation. The black population is at 30 %, with the most being in District 2 having 60% black. The Hispanic population is 13% within the City and varies little throughout the Districts. District 4 is the largest in terms of population and District 2 is the smallest. James Clark reviewed the four alternatives. Alternative A proposed the smallest District being 1 and the largest District being 2. The difference was 956 people with a deviation of 1.5 %, much less than the current deviation of 11.1%. District 2's black population would drop from 61% to 55 %. The Hispanic deviation does not change significantly. District 2 expands into District 4. Where possible, the center line of 1 -95 was used as a dividing line between the districts. District 1 migrates north to further reduce the population of District 4. Alternative B has District 1 with the smallest population and District 2 with the largest population. District 1 and 4 are unchanged from alternative A. The average deviation is 1.4 %. Unifying the marine area into one District is accomplished by moving it from District 2 to District 3. Alternative C has District 3 as the smallest and District 4 the largest, with an average deviation of .08 %. Alternative C reflects the most balanced in terms of population. It addresses the unification of the downtown and marine area as previously indicated in Alternative B. There are only two options to increase the population in District 2 as it currently exists. The options are either moving the District west or south. Alternative C moves the District south rather than west, but confined to moving south west of Seacrest Boulevard to preserve the downtown area in one District. District 3 then has to shift west to increase the population. It does split the Golfview Harbor Estates neighborhood to achieve the proper population balance. District 1 was balanced by bringing the border to 1 -95 and north to Gateway. Alternative D has the smallest district as District 3 and the largest being District 4 with an average deviation of 2.2 %, well within acceptable standards. District 2 is moved both west and south with the entire downtown area in District 2. District 1 moves slightly north. 16 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Commissioner Ross expressed concern with the retail business area of District 4 being entirely removed in the Alternatives, with the exception of Alternative D. Mr. Clark reiterated the primary goal was to achieve population balance. Districts 1 and 3 can only move north. Mr. Shultz noted the areas moved have to be contiguous and be compact. Voter registration was not a factor according to the Voting Rights Act. Commissioner Ross reiterated her concern that the businesses in District 4 would be eliminated. There was discussion on which alternatives could be eliminated from the selection. Consensus There was consensus to eliminate Alternatives A and C from the selection and maintain Alternatives B and D for discussion. Commissioner Ross asked if the redistricting process had ever removed elected officials from their District. Mr. Shultz noted it could happen, but every attempt was made to avoid the situation. Motion Vice Mayor Orlove moved to accept Alternative B as the map and charge staff with creating an ordinance to do so. Commissioner Holzman seconded the motion. Commissioner Hay pointed out Alternative B was the most balanced. Commissioner Ross expressed concern with the effective date of the change, since she had just sold her home and planned to buy another house. Various deviations from the Alternatives submitted were proposed and discussed. Motion Vice Mayor Orlove amended his motion to ask FAU staff to amend Alternatives B and D to put Renaissance Commons into District 4 and realign Districts 2 and 3 so Boynton Beach Boulevard is the dividing line and ensure all population is somewhat equal. Commissioner Ross seconded the motion. Commissioner Holzman would not accept the amendment to the motion. Mr. Shultz pointed out any change shifts the population in all four districts. Vote The amended motion failed 2 -3 (Vice Mayor Orlove, Commissioners Hay and Holzman dissenting). 17 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 Vote The original motion to accept Alternative B passed 3 -2 (Mayor Rodriguez and Commissioner Ross dissenting). 12. NEW BUSINESS A. Discuss cancellation of the December 20th, 2011, City Commission meeting in observance of the Jewish celebration of Hanukkah Motion Commissioner Holzman so moved. Commissioner Hay seconded the motion. Vote The motion passed 5 -0. B. Appoint a five - member committee to review the recommendation by the City Manager to rename Veterans' Bicentennial Park to Veterans' Memorial Park. Ms. LeJeune advised the Veterans Advisory Commission was in favor of making the name change. By Ordinance, a five - member committee had to be appointed by the Commission to recommend the name change. Motion Commissioner Holzman moved to use the same committee as the renaming process for Boat Club Park to rename Veterans' Bicentennial Park. Commissioner Hay seconded the motion. There was discussion that staff appoint a five - member board consisting of the Recreation and Park Board, Community Relations Board and the Veterans Advisory Commission. Motion Vice Mayor Orlove amended the motion to reflect the change suggested. Commissioner Holzman seconded the motion. Vote The amended motion passed unanimously. 18 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 13. LEGAL A. PROPOSED ORDINANCE NO. 11 -028 - SECOND READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011 -109, Laws of Florida, which preempts firearm laws and regulation to the State. Attorney Ezrol read Proposed Ordinance No. 11 -028 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. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Mayor Rodriguez dissenting) B PROPOSED ORDINANCE NO. 11 -029 - SECOND READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance. Attorney Ezrol read Proposed Ordinance No. 11 -029 by title only on second reading. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Mayor Rodriguez inquired if the Ordinance would stop a citizen from approaching a Commissioner and voice their opinion about a vendor or RFP and they do not disclose they are a lobbyist. There would be no way for the Commissioner to know the individual is accepting money for their recommendation. Attorney Ezrol agreed. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Request to consider amendment to City Code regarding temporary banners to allow "feather" banners. 11/01/11 B. Revisions to restrictions for vehicle size in residential districts - 11/01/11 19 Meeting Minutes Regular City Commission Boynton Beach, FL October 18, 2011 C. CIP Utility Fund Report. 11/01/11 D. Review three (3) alternate proposals for leasing, construction and maintenance of a billboard on property owned by the City. 11/15/11 E. Review process and timeline for the sale of City owned real property - three sites. 11/15/11 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:36 p.m. CITY OF BOYNTON BEACH Jp �•�.0 i ,. .r 41V William iris e, Vice Mayor /, Woodr ..y, Commi -'. - ATTEST: teven Hol man, ommissio -r CA , Y11. Pitat_t_Ajz• - ' ,, , , Ja -t M. Prainito, MMC arlene Ross, Commi sioner Clerk ,ii die,6‘ l !� ; J.udith A. Pyle, C Deputy City Clerk 20