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Minutes 04-03-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, APRIL 3, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove Mayor Hay called the meeting to order at 6:30 p.m. and Commissioner McCray gave the invocation. Vice Mayor Orlove led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled item 6.B for discussion. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 2. OTHER A. Informational Items by Members of the City Commission Commissioner McCray had attended Sunday Funday at the Marina with his family and enjoyed the event. Commissioner Holzman wished his daughter a happy first birthday. Vice Mayor Orlove announced that Saturday was Earth Day beach cleanup at Oceanfront Park in conjunction with Sand Sifters and with many additional activities. They were also collecting non - perishable food items for the Community Caring Center. Vice Mayor Orlove had attended the Boynton Beach Police Department Spring Fest K -9 competition and Officer Mark Sohn and his dog, Hutch, won "Top Dog" for the event. Vice Mayor Orlove also wished everyone a happy holiday season. Commissioner Ross had attended the Canine Spring Fest of the Police Department and offered congratulations to Hutch and Officer Sohn. Two other dogs also got top honors from neighboring municipalities. It was a very well organized event. Commissioner Ross thanked the residents and her constituents for contacting her using Facebook. She encouraged the other Commissioners to reach out to the residents. She also extended her wishes for a happy holiday season. Mayor Hay had attended the funeral for Bill Moss, West Palm Beach Commissioner. He attended the All People's Day in Delray Beach and enjoyed the opportunity to network and learn about other cultures. Boynton Beach was well represented at the Literacy Coalition luncheon. Mayor Hay went to the annual planning meeting for Criminal Justice and reported a great deal of information was disseminated relating to juvenile delinquency and the progress made to address those issues in other municipalities. Lastly, he had participated in the Women's Council of Realtors panel discussion on issues facing realtors. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of April 2012 as Paralyzed Veterans Association Awareness Month. B Proclaim the week of April 8 to April 14, 2012 as National Library Week with Tuesday, April 10 as National Library Workers Day. Mayor Hay read and presented both proclamations to Craig Cark, Library Director. Mr. Clark thanked the Commission for their recognition and support of the Library. He also announced a new service available on the web site, called Over Drive. The service allows ebooks to be downloaded for free. 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 C. Announcement of the Movies on the Ave. film for April 6, 2012 D Announcement of the Downtown Open Market on Sunday, April 15, 2012 E. Announcement of Sunday Funday on Sunday, May 6, 2012 F. Announcement of the Ocean Avenue Concert for Friday, April 20, 2012 G. Announcement of the Movies on the Ave. film for May 4, 2012. H. Announcement of the Ocean Avenue Concert for Friday, May 18, 2012 Kathy Biscuiti, Special Events Director, announced the Movies on the Ave. films, Sunday Fundays and Ocean Avenue Concert series to be held in April and May and the Downtown Open Market on April 15th. The Gourmet Food Trucks would be available at all events. I. Presentation by members of the City of Boynton Beach Sister Cities regarding the Boynton Beach delegation's recent trip to Les Cayes, Haiti Chris Francois, Jeanne Heavilin and Kofi Boateng were part of the delegation who reported on the recent trip to Les Cayes, Haiti. A presentation with many pictures of the area was displayed. The trip was successful in forming strong relationships. Mr. Boateng was given a key to the City by the Mayor of Les Cayes that he presented to Mayor Hay. The Official Charter for the Sister Cities was also presented. It was noted the Mayor of Les Cayes wished to visit the City Boynton Beach, but would need an official invitation from the Mayor of Boynton Beach to obtain permission for the trip. Commissioner McCray commended the delegation and hoped the presentation could be seen by many others to know that we reach out to others and are all one. Vice Mayor Orlove offered the assistance of the Commission on any initiatives to further the relationship with Les Cayes. Commissioner Ross was glad to see the pictures of Haiti and thanked Mr. Boateng for being a wonderful ambassador for the City. Mayor Hay thanked the delegation and appreciated what they had done. J. Announcement of Community Improvement Public meeting for Community Development Block Grant 1 year Action Plan and 5 year Consolidated Plan. Nancy Byrne, Interim Development Director, invited everyone to a meeting in City Hall Chambers at 5 p.m. on April 5, 2012 to discuss the Community Development Block Grant 1 -year and 5 -year plans. It was hoped the current programs could be expanded and some new programs could be added including economic development incentives. 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mark Karageorge, 240A Main Boulevard, wanted to clarify the City has several economic development programs including rental assistance, signage assistance, facade grants, build out assistance, DIFA agreements and brownfield initiative funding. They have been in use for over three years and have attracted businesses from surrounding cities to relocate. The Development Department has incentives such as waiving impact fees, using payment plans on fees and having a ten -year plan to be more business friendly. Dr. Piotr Blass, 113 West Tara Lakes Drive, was delighted with the relationship being developed with Haiti. Dr. Blass indicated he hoped to have an estimate in writing to remove the asbestos from the Old High School and possible renovations of the site to include space for the University of Boynton. John McGovern, 2620 Spiceberry Lane, understood the new Attorney General would be reviewing cases to determine those that did not merit prosecution. He asked an investigation be conducted into a police report that refers to a Department of Children and Families (DCF) investigation being released to the public. In his view it was ethically questionable and procedurally incorrect and perhaps illegal. Neither the name of the child nor the name of the reporter can legally be divulged. He urged the Commission to initiate an investigation involving the release of a police report relating to Jose Rodriguez. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Ross appointed Barbara Wineberg to the Library Board as an alternate member. Commissioner Holzman seconded the mtoion. Vote The motion passed unanimously. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 B. Discuss the appointment of Richard Wise to the Community Relations Board as an alternate and possible appointment of Richard Wise to the Code Compliance Board Richard Wise was present and explained his belief that unless there were felony charges, an arrest did not have to be reflected on the application. He has been a member of the Community Relations Board as an alternate and was now applying to be a member of the Code Compliance Board. He is a licensed mortgage broker, insurance broker and was a licensed property manager. It was an oversight on his part to not mention a conviction he had in the 1980s in the State of Maryland. Attorney Cherof advised a conviction for a crime would not prohibit an individual from serving on a board. Mr. Wise could serve on the two boards. Ms. Prainito explained the information had come to Tight when James Brake pointed out there had been an argument or altercation between Mr Wise and Mr. Yerzy who is currently a member of the Code Compliance Board. Michele Costantino provided more detail on the previous arrest history and background of Mr. Wise. Mr. Holzman concluded, based on the information given, that it was an honest error, but there may be issues with another member of the Code Compliance Board. He did not feel any action was necessary and Mr. Wise should remain on the Community Relations Board. Consensus Mayor Hay declared there was consensus to allow Mr. Wise to continue to serve on the Community Relations Board. 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 Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the five (5) month period ended February 29, 2012 recognizing that budgeted General Fund Business Taxes and State Shared Revenues may fall short for the year. B. PROPOSED RESOLUTION NO. R12 -026 - Approve the reinstatement of the Interlocal Agreement between the Board of County Commissioners, Palm Beach County, Florida and the City in its entirety, extending the term of the original agreement to September 30, 2012, and increasing funding received by 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 $20,000 from $71,352 to $91,352 for personnel and /or youth interest -based programming, authorizing the Interim City Manager to execute agreements associated with this reinstatement Commissioner Ross wanted clarification on the name of the program as it was known as the Youth Violence Prevention Program. Wally Majors, Director of Recreation and Parks, agreed it was the same program. Ms. LaVerriere added Youth Empowerment Center was much more positive and motivational. (Commissioner Holzman left the dais.) Commissioner McCray questioned if the funding was available and Mr. Majors indicated the money was from grant funding. Ms. LaVerriere advised there was some funding in the current budget allocated for the program. Vote A vote was taken that unanimously passed (Commissioner Holzman was absent). C. Approve the minutes from the City Commission regular meeting held on March 20, 2012 D. Accept the resignation of Boyd Boggess, a regular member of the Building Board of Adjustment and Appeals E Accept the resignation of Matthew Barnes, a regular member of the Planning and Development Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 12 -006 - FIRST READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City- owned /operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. (TABLED ON MARCH 20, 2012) Motion Commissioner McCray moved to remove from the table. Commissioner Ross seconded the motion. Vote The motion passed unanimously (Commissioner Holzman absent). Attorney Cherof read Proposed Ordinance No. 12 -006 by title only on first reading. Eric Johnson, Planner, explained the Code amendment would further business and economic development initiatives and further internal consistency within the Land Development Regulations (LDR). The first change would allow primary and secondary schools in Planned Unit Developments (PUD). A school should be where the children reside. It would be consistent with the Comprehensive Plan. Another change would allow accessory commercial components into City -owned and operated parks. It would be beneficial to the City and create revenue. The third change would clarify the restrictions for beverage and food manufacturing establishments and would become more user - friendly. (Commissioner Holzman returned to the dais) Vice Mayor Orlove had worked with staff on allowing food vendors at City -owned parks reiterating it could be a revenue generator and appreciated staff's efforts. He questioned if there would be a difference between the M -1 and C -4 zoning districts relating to the food manufacturing. Mr. Johnson replied it would have no impact. There would be greater time restrictions in the M -1 so it would be more for the beverage manufacturing. The C -4 district would not have a restriction on the size of the tasting room. Rezoning from M -1 to C -4 or vice versa would require a thorough analysis. The zoning would not be prohibitive to opening a business in either district. Commissioner Ross agreed with Vice Mayor Orlove on allowing food vendors and it was refreshing to offer more of an incentive to use the parks and generate more revenue. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 12 -004 - SECOND READING - PUBLIC HEARING - Approve Seabourn Cove Phase II rezoning (REZN 12 -001) of subject property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi - family rental units. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (TABLED ON MARCH 20, 2012) Motion Commissioner McCray moved to remove from the table. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 12 -004 by title only on second reading. Kathleen Zeitler, Planner, located the 7.34 acre property between South Federal Highway and Old Dixie Highway near Miller Road. The adjacent properties and their zoning were described. The existing zoning requires an approved master plan and the previous master plan had expired. The new plan consists of 148 dwelling units at a density of 20 du (dwelling units per acre). There would be 14 buildings of the same type in the Seabourn Cove Phase I project. Recreation amenities were proposed, as well as, parking and bike racks and pedestrian activities. The new master plan was consistent with the Comprehensive Plan objectives and policies and the established land use patterns. Staff and the Planning and Development Board recommended approval of the master plan and associated new site plan. Motion Commissioner McCray moved to approve. Commissioner Holzman seconded the motion Mayor Hay opened the issue for public hearing. Charles Gaulkin, resident of Colonial Club Condominiums, complained his association and the residents had not been advised of the project and the City had little interest in the aesthetic value of the monolithic type projects. Mr. Gaulkin questioned if the overall 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 impact on traffic and schools had been addressed with the neighboring property owners in some type of public hearings. Bradley Miller, of Miller Land Planning, agent for the applicant, recalled the project started in 2003 and been before the Community Redevelopment Agency, Planning and Zoning Board and Commission on several occasions. There had been discussion about the area along Dixie Highway that would be an eco walk and pedestrian oriented with heavy, drought tolerant landscaping. The lighting design was added to promote safety. The owner was in agreement with all the conditions of approval. The developer's agreement has been revised and is acceptable with the City and Developer. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. Approve Seabourn Cove Phase II new site plan (NWSP 12 -001) for multi - family residential (rental apartments and townhomes) consisting of 148 dwelling units within 14, three -story buildings and associated recreational amenities and parking within a master planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (TABLED ON MARCH 20, 2012) Motion Commissioner Ross moved to remove from the table. Commissioners McCray and Holzman seconded the motion. Vote The motion passed unanimously. Ms. Zeitler reviewed the new site plan and pointed out there would be one ingress and egress to Federal Highway. It would be a gated community. There would be an emergency access off of Old Dixie Highway. There would 14, three -story buildings with over 200,000 square feet of building area. The design would be the same as Phase I to the south. There would be the possibility of conversion to condos in the future. Many units would be handicap accessible. It meets the parking requirements, open space and walkways and pedestrian connectivity. There would be three building types with 96 one - bedroom units, 38 two- bedroom units and 14 three - bedroom units. The design would be identical to Phase I. Many features would be green and include upgrades to energy, water conservation and air quality. The landscape plan covers 34% of the site and goes beyond the minimum and includes the swale area of Old Dixie Highway. Staff recommends approval contingent upon approval of the rezoning and agreement with the conditions of approval. The Planning and Development Board also recommended approval. 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Motion Commissioner Holzman moved to approve. Commissioner McCray seconded the motion. Vice Mayor Orlove wanted to make it clear that the Palm Beach County Traffic Engineering Division approved the layout and the applicant agreed with any required changes. Mr. Miller agreed and noted the Palm Beach County School District had also given concurrency approval. Dave Bodker, Landscape Architect, 601 N. Congress Avenue, Delray, indicated the landscaping was all drought tolerant, native species and there would be 12 -foot Tight fixtures throughout and that would be specific to lighting the trail. Vice Mayor Orlove emphasized the project was seeking a Gold Standard for environmental sustainability. Mr. Miller added with the award of the Gold Standard it would be the largest multi - family project in the State of Florida. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R12 -027 - Approve Land Development Agreement with Gulfstream Gardens LLC Motion Vice Mayor Orlove moved to approve. Commissioner McCray seconded the motion. Commissioner Holzman wanted clarification on what the final revisions were agreed upon. Ms. Byrne reported one correction was to clarify the partnership of titling it as Gulf Stream Gardens Phase II LLC The other correction was to grant an easement in perpetuity for the developer to maintain the improvement. Mr. Miller agreed. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Review and discuss Bids received on three (3) parcels of City -owned Real Property. 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Ms LaVerriere identified and located the three parcels for sale. The City's Code requires a competitive bid process that was advertised for six weeks. One bid was received on one parcel at the Leisureville site. The bid received was for $24,499 and the appraised value is $362,000. If the Commission desires to sell the property at less than market value, it would require a super- majority vote of 4 /5ths. The options were to accept or reject the bid and then decide any further action to take with all the parcels. Commissioner McCray thought the bid received was an insult to the City. The bid should not be accepted and the property should be kept on the table for sale. Motion Vice Mayor Orlove moved to change the order of the day to allow for public comment for this item. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Vice Mayor Orlove noted the bid offered was limited to the authority of the Association without going to the Board. He inquired, if the bid was declined, would the formal process have to be repeated. Attorney Cherof recommended, if the bid was rejected, to tweak the provision of the Code that deals with the sale of real property. Any procedure with respect to the sale of real property could be established. It would give the Commission greater flexibility. The property could be left on the open market or listed with a real estate broker, advertised and other options. The technical requirements of sale should be maintained. Commissioner Holzman agreed the bid should be rejected. Motion Commissioner Holzman moved to reject the bid received. Vice Mayor Orlove seconded the motion for discussion and public comment. Harry Thompson, 133 NW 10 Court, Boynton Beach Leisureville, stressed the bid was not intended to offend the City. The bidder was restricted to an amount and 75% of the membership would need to approve anything higher. There was not time to accomplish the required mailings to offer a higher bid. Vice Mayor Orlove questioned if there was any plan for the property if the bid was accepted. Mr. Thompson advised there was nothing concrete planned. Many ideas and thoughts were considered and the cost of maintenance was established. It was adjacent property from anything else at the location. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Mayor Hay asked how much was expended on the property annually and Ms. LaVerriere responded less than $500 a year. Mayor Hay suggested a real estate broker may be the best route. Vote The motion passed unanimously. Motion Commissioner Holzman wanted to direct staff to return with the best process to move forward to leave the properties on the market. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Not - for - Profit Notice of Intent / Moratorium Study- Staff update Mike Rumpf, Planning and Zoning Director, corrected the end date for the moratorium that should be 180 days from the public hearing date of November 15 making it May 13 prior to the second public hearing in May. There may be a need to extend the moratorium minimally to get through the adoption period. Commissioner Ross questioned why the Charter School approval was involved since it had been in existence since 2003. Mr. Rumpf explained there are standard zoning regulations and Planned Industrial Development (PID) that have a separate use list and their own set of zoning regulations that corresponded to the three PIDs in the City; Quantum, High Ridge and Boynton Commerce Center. If there was a pre- existing not - for- profit entity it could have rights to continue. It was anticipated that as many as possible would be recognized with more flexible non - conforming provisions. There would be minimal expansion abilities included. Commissioner Ross wanted the Commission to consider carving out a niche in the moratorium for the ALS Charter School and the Women's Circle. The School would target the young adult population and would be a wonderful fit for the City. The School has a high success rate. The Women's Circle impacts women and children and their future, an excellent non - profit. Both are at a standstill due to the moratorium. Attorney Cherof clarified that religious facilities had been excluded from the scope of the studies, not one particular church. The Commission would have the same authority to carve out the category of charter school on a City -wide basis. There is no provision for individual properties or businesses to seek exception from the moratorium process. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Over the past five months, there are only two interested parties who have indicated a willingness to submit applications. No paperwork has been submitted to further those intentions Mayor Hay was concerned with the affect on the two entities after the moratorium ended and the Code changed. The new Code could prohibit them from the next phase of their planned development. Ms. Byrne reminded the Commission of the intent of the moratorium that came from the economic development initiatives to have more developable commercial and industrial land in the City. Staff was not attempting to prevent the uses from coming into the City. The intent is to ensure there is viable, taxable land in the industrial and commercial areas for those types of uses. The moratorium addresses four key initiatives in the program and is not intended to lock out uses, merely protect areas most desirable for industries. Commissioner Holzman contended the Women's Circle was not being affected by the moratorium. They can purchase the property and their intent is to not proceed further until more funding is available. The moratorium was put in place to allow staff an opportunity to do a total review of the City. Ending the moratorium one month before the conclusion would be shortsighted and would frustrate the purpose of the last five months. There is only one potential affected party. A decision can be made after a full report is received. Commissioner Ross understood the Women's Circle had a contract ready to be signed. Sister Lorraine and her Board member had indicated to Commissioner Ross the moratorium could end the deal. The ALS Charter School would be close to a mass transit station that would be critical for young adults that should be accommodated. Sister Lorraine Ryan, of the Women's Circle at 912 SW 4 Street, had an opportunity to purchase two adjacent properties this month for closing. The expansion would beautify the area, but could not be improved until the middle of 2013. Sister Lorraine suggested other vacant land in the City that could be marketed for industrial uses. At this time the Women's Circle was only purchasing the properties. Vice Mayor Orlove surmised if the regulations changed, the properties could be sold. He agreed with Commissioner Holzman that it would be counter productive to change the moratorium with only one month remaining to completion. Mr. Rumpf had indicated there was the potential for expansion for existing non - profits. Attorney Cherof suggested any change to the moratorium be addressed as a category to exclude. The fact a category is not studied does not mean zoning regulation changes cannot be implemented. He cautioned that if another application falls within a category excluded during the moratorium it would have to be processed if the exemption were created A moratorium stops the application process. 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Angela Narine,14711 Palmetto Palm Avenue, Miami, Regional Director for ALS, Accelerated Learning Solutions, provides drop -out prevention and recovery programs. An extensive demographic investigation matched the location and the students needing to be served. Ms. Narine gave an overview of the programs and objectives of the ALS Charter Schools that serve students between the ages of 16 to 22 who have dropped out or are at high -risk of dropping out. The schools are fully accredited. Vice Mayor Orlove inquired if 30 more days would make a significant difference. Ms. Narine indicated the project was behind and in a place of jeopardy. If this location is lost the opportunity to open at all would also be lost. David Norris, attorney for the property owner, 1325 Gateway LLC, advised for the school to be open in August for the next school year, the additional 30 days would make it impossible. The process is different in Quantum Park because there are general use designations for each of the lots. In some instances a specific use approval process is required and the owner did get the specific use approval in 2003 for these properties as a Charter High School. Commissioner Holzman stressed the specific school was not at issue. It involved protecting the commercial industrial sector within the City that is being lost. The proposed use would continue the loss. The decision had been made to have staff study the City to maintain the commercial and industrial zones that take the tax burden off the citizens. Motion Commissioner Holzman moved to move forward with the moratorium and allow staff to return at the conclusion with their findings. The motion died for lack of a second Vice Mayor Orlove located the property. It was previously a church. It was not on the tax rolls currently so tax revenues would not be lost. The potential tax is $14,000. Ms. Byrne understood the churches were lessees so the taxes were still being paid. Doug MacDonald, 2500 Quantum Lakes Drive, property owner, agreed the church was a lessee and did pay $14,000 in taxes. The Boynton Beach Charter School did not pay any taxes. Vice Mayor Orlove developed the school would have to open the first day of the 2013 school year to maintain the Charter or it would be forfeited. The application process is a year long effort. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Commissioner Ross emphasized the school had an amazing success rate and serves young adults and parents. It has a non - traditional schedule to meet the needs of the citizens. Commissioner Ross disclosed she had met with Ms. Narine and Mr. MacDonald. Mayor Hay noted there were only two applications and he favored moving both projects ahead. Commissioner McCray stressed two businesses wanted to thrive and grow and the Commission should not stand in the way. Motion Commissioner Ross moved to make applications for charter schools in PID zoning districts exempt from the moratorium. Commissioner McCray seconded the motion. Vice Mayor Orlove felt the exemption had been rushed through and had not had a chance to meet with the Women's Circle and the ALS Charter School. He could not support the motion. Commissioner Holzman asked staff to explain the ramifications of approval and if the exemptions would frustrate the purpose of the moratorium as a whole since it would remove the moratorium from the most important piece of commercial industrial property in the City. Mr. Rumpf responded the Quantum use approval is limited to two lots. The effect exempts two lots from the moratorium. It is not governing or modifying the ultimate proposed regulations to be revealed next month. Commissioner Holzman inquired of Mr. Rumpf if the use would be allowed in the proposed staff recommendations. Mr. Rumpf noted staff had reviewed the entire use approval list and matrix and drafted a modification. Staff would be proposing that charter schools and schools in general, public schools, be restricted to the G and I category in the PID. Commissioner Holzman concluded the application should not move forward based on staff's review of the data within the City that it is not a proper use for the City at this time. Mr. Rumpf agreed with Commissioner Holzman with the objective of maximizing value and development of the parcels. Commissioner Holzman strongly urged the Commission to take the words of staff to heart that this was not a proper use for this parcel. He agreed with Vice Mayor Orlove that there has not been enough time to consider the overall effect for the City. Commissioner Ross totally disagreed with staff. Vote The motion passed 3 -2 (Vice Mayor Orlove and Commissioner Holzman dissenting). 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 12. NEW BUSINESS A. Discussion regarding the purchase of land, development and maintenance for a new passive park located at SW 1st Ave and SW 1st St. at the request of Commissioner Holzman. Jeff Livergood, Director of Engineering and Public Works, reported a very preliminary overview of the site revealed the need for some benches, trash bins, top soil and grading, seeding, trees, minimum landscaping, irrigation and some low level lighting would cost approximately $180,000 as a miscellaneous capital expense. The annual maintenance cost would be about $15,000 per year. Commissioner Holzman had been contacted by some area residents and he recognized the property has been abandoned for over 10 years and deserted. There is no street lighting on the property with homes on both sides of the vacant lot. He thought a passive park with minimal improvements including lighting would ensure the beautification of the City and create a more safe environment for the neighboring homeowners. Commissioner Holzman urged the Commission to direct staff to contact the property owner and discuss the potential purchase of the property. Mr. Majors noted the monies from the park and recreation impact fees had some limited restrictions on their use and can be used for creation of new parks. There was a balance available. Vice Mayor Orlove inquired about the Recreation and Parks Board priority for parks within the City. Mr. Majors advised the Oceanfront Park, Quantum and the Barrier Free Park were the top three parks for consideration. Vice Mayor Orlove noted Oceanfront Park and Barrier Free Park had been funded and if any park should be considered, even in the short term, it should be the Eco Park at Quantum. There were other projects that had been on hold for some time that should be given priority. Commissioner Ross mentioned there was the park in the Meadows that was very controversial and those that want it developed have been waiting over 15 years. Mr. Majors indicated the Board was taking its annual tour of the parks and would be making recommendations shortly. Vice Mayor Orlove pointed out in District III there are eight parks and other Districts have fewer parks. Districts I and IV lack public parks. Ms. LaVerriere pointed out the capital improvement budget discussions would be done in July. Mayor Hay concurred it should be discussed during the budget preparation so a complete package can be evaluated. 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 Motion Vice Mayor Orlove moved to refer the matter to the Recreation and Parks Board for consideration and for them to come back with a priority list on future parks to be built in the City. Commissioner Ross seconded the motion. David Katz, 67 Midwood Lane, questioned taking a property off the tax rolls. He concurred the Meadows Park had been waiting for over 20 years and the Eco Park at Quantum was more important at this time. The residents of the Meadows were willing to help develop and maintain the park to reduce the cost to the City. It should be given priority before a park is created at the full expense of the City. Terry Lonergan, 45 Rutland Lane, current President of the 300 Property Owners' Association in the Meadows, had come before the Commission on several occasions asking for assistance with the vacant lot in her community and many crimes, including a murder and stabbings have been ongoing. She had even suggested the area be leveled so her Association could take care of it. It was in the middle of two residential developments. Vice Mayor Orlove amended his motion to include, besides the Recreation and Park Board looking at priorities, they determine how to move forward on the capital improvement projects during budget hearings. Commissioner Ross seconded the motion with discussion. Commissioner Ross clarified it is important to hear the concerns of the Forest Park residents and they can request a park in the area. It may not be plausible. She stressed the ultimate disposition of the area in the Meadows is very controversial and leveling the property may not be the best resolution. She did want the issue further explored. Vote The motion passed unanimously. Commissioner McCray asked for clarification on the status of Women's Circle project. Attorney Cherof indicated the Women's Circle project had very different facts than the Charter School issue and it would be premature to take action with respect to the Women's Circle. B. Review procedures for adding items to City Commission agenda Attorney Cherof pointed out the agenda process begins 18 days before the meeting date and each item goes through a significant review and approval procedure. Each member of the Commission has the right to add items to the agenda and items can be 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 added late in the process. There was a time agenda preview meetings were held before the actual meeting and the rule was items to be added required the consensus of the full Commission. The process and specific type of items that should have Commission consensus to be added to the agenda as opposed to individual Commission directives was the issue to be discussed. The criteria to get the item on the agenda may not be sufficient to allow staff the necessary preparation time to advise the Commission on the topic and answer questions. Commissioner Ross inquired how other cities handle proclamations and resolutions. Attorney Cherof replied with respect to proclamations, the content is an expression of interest by the Commission collectively on an issue. There could be several of those on one agenda. Some cities post proclamations outside Commission chambers and only dealt with them on the agenda in a summary fashion. It was past practice that requests for proclamations were submitted to the Mayor for approval before being added to the agenda. It is not a written policy. Commissioner McCray asked if the current policy for placing items on the agenda was working. Ms. LaVerriere advised it did not address how requests by individual Commissioners were placed on the agenda. Staff wants to be prepared to address each agenda item and provide as much information as possible. It is a timing issue and the direction to staff should be given by the Commission as a whole. Commissioner McCray pointed out the City Manager can give the Commissioner direction regarding the time required to prepare items for presentation. Mayor Hay understood time and effort could be spent on an item to satisfy one Commissioner while the remainder of the Commission did not have any interest in the subject He suggested the addition of items be discussed at a meeting before it can be added to the agenda for action by the Commission. Vice Mayor Orlove agreed with Commissioner McCray that the current process works by discussing an item with the City Manager's office before it appears on an actual agenda. Staff can estimate the time needed for preparation. Motion Commissioner McCray moved to continue with the policy in place. Commissioner Ross seconded the motion. Attorney Cherof directed the policy relates to the role of staff and does not cover how a Commissioner gets an item on the agenda, specifically a resolution or proclamation. It can be either by consensus or individual request. If the City Manager becomes the gatekeeper of the individual request process, there will be items that are not fully briefed by staff. Ms. LaVerriere stressed using staffs time effectively is important and it should 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 be spent on items that have the full consensus of the Commission. Placing items on the agenda for discussion is not problematic. Mayor Hay agreed items for discussion can be placed on the agenda, but before staff does significant work it needs to be agreed upon by the entire Commission. Commissioner Ross wanted to continue being allowed to add items for discussion. Vice Mayor Orlove felt items should be worked through the City Manager's office with direction from the City Manager on how to proceed Various scenarios were discussed. Vice Mayor Orlove reiterated it was important to have a flow of information and giving the City Manager discretion to predict the time needed to develop the item or if consensus from the Commission was needed before further staff time was enlisted Commissioner Ross was concerned it would limit communication too much. Commissioner Holzman did not want to have discussion on every item first. The items could be on consent agenda and if a Commissioner did not want staff to waste time on the issue, it could be pulled for further discussion Ms. LaVerriere was not trying to be an obstacle. Commissioner McCray recalled the items used to appear under Future Agenda items. Attorney Cherof noted some items do not come from the Commission, rather requests from the public. Vice Mayor Orlove suggested the individuals be told to seek one Commission member's approval to move forward. Attorney Cherof advised usually there is time for the person to appear during Public Audience to present the request and then staff can be directed to move forward. C. Request by Commissioner Holzman for City Commission to have discussion on possible dissolution of Financial Advisory Committee Commissioner Holzman recalled the current status of the Financial Advisory Committee of having only four members. The entire Committee did a wonderful job last year to review the budget and make recommendations. With only four people on the Committee it would frustrate their purpose. There are two options: One, disband the Committee until there is more interest from the community or two, remove the one individual who has created problems for some of the members to serve. Vice Mayor Orlove felt the Committee served a purpose and since their report has not been submitted there may be good, healthy issues to be discussed. It would be short- sighted not to allow the Committee to finish their work this year so close to budget hearings. He was not in favor of disbanding the Committee at this time until the four remaining members are given an opportunity to submit their report. Commissioner Ross had been concerned with members leaving the Committee. She contended it was obvious the Committee was created for political reasons and who would be the Chair. However, being objective, she was willing to wait until a report is submitted before a decision is made. Commissioner McCray did not favor disbanding 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 the Committee because the history of all boards has members resigning and being added throughout the year. He thought it should continue and work for the City. Consensus Mayor Hay determined there was consensus to allow the Committee to remain until such time as the report is submitted. 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session - 4/17/12. B. Police Study - 4/17/12 C. Update on In -house Medical Clinic- 5/1/12 D. Discussion of City Manager Search interview rankings - 5/1/12. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Hay properly adjourned the meeting at 9:42 p.m. (Continued on next page) 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 3, 2012 CITY OF BOYNTON BEACH Woodr,w L. , M -yor L. illiam • oV- V - Ma •',I Commi e 7 / St e- olzma , Co missi7er ATTEST: Marlene Ross, Commissioner .. - - 11 •" to Ja -t M. Prainito, MMC Clerk udith A. Pyle, CMC Deputy City Clerk 21