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Minutes 07-03-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JULY 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 Mack McCray, Vice Mayor Michael Cirullo, Assistant City Attorney William Orlove, 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 Commissioner Steve Holzman Mayor Hay called the meeting to order at 6:30 p.m. and gave the invocation. Commissioner Holzman led the Pledge of Allegiance to the flag. D. Brand Promise Statement The Brand Promise Statement was read, "It's time to take a look at Boynton Beach. Its business friendly environment offers numerous opportunities and incentives for sustainable growth." E. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cirullo indicated Item 6.B should be pulled from the agenda and a corrected Exhibit A for Item 13.0 was distributed. It shows the location of the signs to be approved in the settlement agreement. Commissioner Ross requested the addition of an item on the agenda, relating to Mr. Kenneth Wagner being a sole source for the Police Department review. Mayor Hay suggested his information be submitted in the upcoming Request for Proposals (RFP) rather than discussion at this time. The Commission had given staff direction to put the RFP together and bring it back to the Commission for approval. 1 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Commissioner Holzman understood Mr. Wagner was the only individual to date who said he could complete a review prior to the budget and Commissioner Holzman wanted to discuss that possibility. Commissioner Ross believed Mr. Wagner's information had come in after the initial discussion. It would be excellent information to have going into the budget and it should be considered at this time. Commissioner Orlove understood there was consensus to have an RFP formalized for the police study. He would not entertain a discussion with one person when several others may be reviewed. The scope of the study has not been decided. Vice Mayor McCray had received Mr. Wagner's information and was not impressed with Mr. Wagner's proposal and contended the RFP process should be continued. He was not in favor of discussion relating to Mr. Wagner at this time. Consensus Mayor Hay declared there was consensus to not add the item to the agenda. There were no other additions, deletions or corrections. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda. Commissioner Orlove seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Orlove thanked Ray Altman Division Chief, Fire Chief Carter and the Interim City Manager for their efforts in obtaining another piece from the 9/11 towers. It will be publicly displayed perhaps in the Veterans' Memorial Park. The piece was being donated by the We Will Never Forget 9/11 Foundation pending their approval of the display. He also wished everyone a happy and safe 4 of July. Mayor Hay announced the passing of Gertrude Sullivan who dedicated her life to serving the people and community of Boynton Beach and especially the Heart of Boynton. Her funeral would be held on Friday at St. John Missionary Baptist Church 2 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 beginning at noon. Vice Mayor McCray advised a proclamation would be read from the City during the service and at the next Commission meeting so it is part of the record. Commissioner Ross advised it was a pleasure to know and work with Ms. Sullivan on behalf of the community and offered her condolences to the family. Commissioner Ross reminded everyone of the July 4 event being held at Intracoastal Park. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim July as Parks & Recreation Month Mayor Hay proclaimed the month of July as Parks and Recreation month and presented the proclamation to Wally Majors, Director of Recreation and Parks. Mr. Majors thanked the Commission and encouraged everyone to obtain a copy of the Fun Fare Magazine either online or request a copy by mail. There are a broad number of activities offered for all ages. B. Consider the recommendations of the Financial Advisory Committee (FAC) presented by Don Scantlan, FAC Chair, in connection with the upcoming City Commission budget workshops on July 16, 17 and 18. Don Scantlan, 13 Cedar Circle, Chair of Financial Advisory Committee, thanked the members of the Committee and staff that helped put the report and recommendations together The information was submitted and he was available for any questions. Mayor Hay thought the recommendations should be discussed during the budget workshops and there was consensus to defer any discussion at this time until the budget hearings. 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) Herb Suss, 1711 Woodfern Drive, was impressed with the Water Department annual report that had been mailed to the residents. Mr. Suss complained about the monies being spent by the Community Redevelopment Agency for fireworks for the 4 of July celebration. He felt $50,000 was obscene since all other cities had cut back. The money could have been spent in other more useful ways, especially in the Heart of Boynton. Mike Osborn, 3712 Coelebs Avenue, a Union Steward for the Blue Collar unit, pointed out money was being wasted in the City. There is $185,773.94 in extra parts and 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 supplies from a piping project that could have been returned but the City would have lost the 30% and gotten 70 cents on the dollar refunded. The parts are now being stored in a graveyard where it will remain until it is taken away as junk. There is $48,948 90 in parts and supplies being stored for a future project. It is stored outside, in the weather and with no site supervision other than employees working on equipment during the course of the work week. There was $11,549 spent on a vertical turbine pump and motor being installed at the East Water Treatment Plant. All that was needed was a $3,000 motor for the pump that was there. Another pump will be replaced as soon as monies are available. Other than preventative maintenance, the pumps have only required replacement of the motors every eight to 10 years. A total of $23,000 was spent for a job that only required $6,000 of repairs. Mr. Osborn advised a few years ago there was a $1 million project done at the West Water Treatment Plant of installing a chlorine generation unit. Other than testing, the unit has not been utilized. The employees see these things but cannot channel their complaints for fear of retribution. Mr. Osborn suggested the department concentrate on reducing non - essential spending rather than looking for ways to hurt employees and production that ultimately hurt the customers and residents of the City. There was also a new flat screen TV installed in the gym that was not necessary. Mr. Osborn had been told the Police Department was ordering new Chevy Caprices that were much more expensive than Chevy Impalas. The workers wanted to make sure these things were reviewed before insurance costs are increased and pension payments increased to the point the employees have no money and end up owing the City money just to work for the City. Commissioner Orlove asked if a copy of his remarks could be made available to the Interim City Manager and the Finance Director so the issues can be addressed during the budget hearings. Mark Karageorge, 240A Main Boulevard, spoke fondly of the passing of Gertrude Sullivan, a person who had her priorities correct. Her faith, her family and her community were her focus. Her granddaughter is a tribute to Ms. Sullivan. Everyone could learn from her life. Alfred Wilson, head coach for the Boynton Heat 4th grade team, boasted that his team won a second place for the State of Florida and won a first place at the national tournament. The audience gave the team that was present a standing ovation for their accomplishments. The team members who were present each spoke about their experience with the team and requested funding g for a trip to Kansas City to compete in the Tournament of Champions, August 10 -12 . The kids are great athletes and good students, improving their grades to continue to compete. Joette Harris, 15 Tara Lakes Drive East, advised donations can be sent to her for the Youth Athletic of Boynton Heat Incorporated. The President is Rachael Bennett. The 4 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 cost for the trip would be approximately $5,000 or greater. Mr. Wilson explained by winning the tournament, many of the costs had been waived. The funding requested was for hotel, meals and airplane tickets. The money is needed by July 15 Vice Mayor McCray encouraged the team to GO BOYNTON! David Katz, 67 Midwood Lane, emphasized the Financial Advisory Committee had worked very hard in spite of irresponsible news articles and Commissioner Holzman wanting to dissolve the Committee. Mr. Katz donated $100 to the Boynton Heat team and challenged those present to do the same. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, stressed music and sports were very important to help humanity to be one with each other and communicate. It should be supported at all cost. She mentioned the development along Woolbright Road and Federal Highway intersection was done too fast without an adequate traffic study. The vacant lot has tall grass and should be more closely monitored to become responsible corporate citizens. Juan Contin, Architect for the Old High School project, introduced a new team member, Doug Brown, who operates the Harriet Himmel Center in West Palm Beach and has been contracted through Lake Worth to run redevelopment of space like what is being planned in Boynton Beach. Doug Brown was welcomed by the team and had experience with catering and an event specialist for about 25 years in the Palm Beach area. He had assisted with many projects including the Boca Raton Gallery of Art and as manager of the Harriet Himmel Center for the past eight years. The casino building in Lake Worth would be opening quite soon that includes event space in the top level and has several restaurants and stores. He felt he could assist in making the Old High School a wonderful venue with restaurants and community space. Bruce Sutka, 1617 N. Flagler Drive, reported Mr. Brown had the time to work out the analysis of how income can be generated with the space. Since the team had worked with Mr. Brown previously it was thought he would be an integral part of how to make the project come to life in the community. Mr. Contin added the information Commissioner Orlove had requested would be presented at the July 17 meeting. No one else coming forward, Mayor Hay closed public audience. Mayor Hay commented on the Seaborne Cove development on Federal Highway that had a ribbon cutting for Phase I opening. The project is the largest green project in the nation and has received awards. He congratulated the Commission for approving the project and working to bring it to reality 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards There were no eligible applicants. Motion Commissioner Orlove moved to table. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the minutes from the City Commission regular meeting held on June 19, 2012 B. PROPOSED RESOLUTION NO. R12 -053 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with George Drapaniotis & Eugenia Manoura for the property at 4528 Woodmere Lane, Lake Worth, FL. Attorney Cirullo explained the item had been pulled from the agenda because the property address was not within the future City service area. C. PROPOSED RESOLUTION NO. R12 -054 - Approve First Amendment to the Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach for building services D PROPOSED RESOLUTION NO. R12 -055 - Approve an award with Electrical Contracting Service, Inc. of Hialeah, Florida, Bid No.: 044 - 2821- 12 /DJL to Furnish and Install Generator Set for the Water Utilities East Well Field for an amount of $69,700 E. Approve the Award for "ANNUAL SUPPLY OF PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES" Bid # 031 - 1412- 12 /MFD to the lowest, most responsive, responsible bidders meeting all specifications on an "AS NEEDED" 6 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 basis to the following four (4) companies: FIS Outdoor Inc., HD Supply Waterworks, John Deere Landscapes and Lehman Pipe and Plumbing Supply. The estimated annual expenditure is $35,000. F. Accept the resignation of Christiane Francois, a regular member of the Special Events Ad Hoc Committee 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -056 - Approve an annual service Agreement with Motorola, Inc. in the amount of $107,775.24 for the continued maintenance and repair of the City's radio telecommunications systems and authorize the Interim City Manager to sign the Agreement. Motion Vice Mayor McCray so moved. Commissioner Orlove seconded the motion. Vice Mayor McCray inquired if the problem was a lightning strike. Ms. LaVerriere advised the three lightning strikes were to a communications tower in Rolling Green that took down the entire system for a few hours. It is a maintenance agreement rather than a repair. Major Wendy Unger, Police Department, explained it was an annual agreement for the continuing, warranted items that the Department has through Motorola for the hand -held radios and consoles that is paid quarterly. Vote 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. A. PROPOSED ORDINANCE NO 12 -011 - SECOND READING - Approve amendments to the LDR to 1) decrease the required removal frequency from daily to weekly, limited to those MVUs meeting minimum setback requirements Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 and classified by the State as Mobile Food Dispensing Vehicles (MFDVs); and 2) to accommodate limited connection to utilities. Applicant. City Initiated. (TABLED TO JULY 3, 2012) Motion Vice Mayor McCray moved to remove from the table. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Attorney Cirullo read Proposed Ordinance No. 12 -011 by title only on second reading. (Commissioner Orlove left the dais.) Commissioner Holzman questioned if there were any changes since the first reading. Mike Rumpf, Director of Planning and Zoning, responded there were no changes (Commissioner Orlove returned to the dais.) Motion Vice Mayor McCray moved to approve. Mayor Hay opened the issue for public hearing. No one came forward and Mayor Hay closed the public hearing. Commissioner Orlove inquired if this ordinance affected the ordinance enacted for food trucks at parks. Mr. Rumpf replied it would not change. Those approvals would be handled separately, not reviewed according to the MVU regulations. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 10. CITY MANAGER'S REPORT A. Accept update on marketing and culturalization initiatives for the City Rebranding Program. 8 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Carisse LeJeune, Interim Assistant City Manager, recounted on March 6, 2012 the brand promise was introduced. The next step was to create a brand blueprint to assist with the culturalization of the brand promise internally and to all stakeholders of the greater Boynton Beach area and beyond. Ms. LeJeune recognized the marketing team that consisted of marketing professionals that have donated their time and effort to assist the City of Boynton Beach. They completed the task in three meetings and have produced a very good project. Commissioner Ross thanked the committee and had taken the process to another level in a minimum of time. She asked if the Chamber of Commerce had a plan to promote the brand promise. Ms. LeJeune responded it was part of the alliance that had been formed to help each other with economic development programs with the brand promise as an essential part of the effort. The stakeholders will be asked individually to take on marketing initiatives outside of the marketing team. Commissioner Holzman noted the budget appeared to be $250,000 to $300,000 for the blueprint. Looking at the budget and recent public comments on issues within the City, plus the many and varied cutbacks that have been undertaken over the past few years, he wanted to use the money budgeted for the brand promise and use it to manicure the City and making it a place the residents can be proud of. The money could also be used by businesses to offset cost of rent, moving expenses and things that businesses need to succeed. He reiterated in his view the money could be better spent. Ms. LeJeune explained the $250,000 was over a five -year period. No dollars would be spent in this budget year or the coming budget year. The plan was a draft and based on best industry standards. The Commission can approve or reject any of the budgeted items at any time. Quarterly reports would be submitted on the progress being made and any monies that are spent. Commissioner Orlove echoed Commissioner Ross's sentiments and extended his appreciation to the committee members. Being a marketing and public relations professional, he appreciated the need for a plan and steps involving short-term and long -term goals. The money would be spent incrementally and the Commission can make the decisions on when and how the money is spent. Volunteer efforts may be utilized for additional savings. Vice Mayor McCray agreed with Commissioners Orlove and Ross's statements and thanked the committee for their hard work They were good fiduciaries for the City of Boynton Beach funds. Consensus Mayor Hay declared there was consensus on the effort. His discussion with developers was contrary to Commissioner Holzman's remarks. There are some initiatives in the 9 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 City that are difficult to quantify. The atmosphere is changing due to the branding and positive attitude of staff. The City has had a negative image throughout the County that has begun to change due to the branding and positive approach. Commissioner Ross commented there would be some revenues generated with permitting fees. Ms. LeJeune added the education initiative was also listed in the brand promise blueprint and collaborating with the advisory boards to implement strategies to promote education. Commissioner Ross noted it was particularly important in light of the Learning Experience project. Ms. LaVerriere wanted to clarify it was a five -year plan to identify what can be done in the future to market the attributes of the City. A request for $250,000 would not be in the next budget year. There is some funding, approximately $25,000 to accomplish some of the steps. It was all subject to available funding. It is the framework that has been identified. B. PROPOSED RESOLUTION NO. R12 -057 - Approve the City's participation in the Interlocal Agreement between the Town of Lantana, Florida, the Town of Mangonia Park, Florida and the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements for commercial properties through Property Assessed Clean Energy (PACE); Approving and Authorizing the Mayor and City Clerk to execute the Party Membership Agreement to the Florida Green Finance Authority. ECONOMIC DEVELOPMENT PROGRAM INITIATIVE # 42 and CLIMATE ACTION PLAN IMPLEMENTATION INITIATIVE # 4.5.2(8) Ms. LeJeune explained there was an interlocal agreement with the Town of Lantana and Town of Mangonia Park to opt into a PACE (Property Assessed Clean Energy) financing program. The Florida Green Energy Works team that is the third party administrator for the program was present. David Thatcher, Development Services Director in Lantana, explained the Town of Lantana had taken advantage of three grants to redo a building into a police annex that is built to a LEED Gold standard, partnered with four other towns for a grant to prepare comp planning policies for energy cost conservation, green house gas inventories and planning for improvements in many municipal buildings. The last grant was money from the State to develop a green energy financing program and a green business certification program. The concept is a commercial entity can go to a bank and the program would facilitate obtaining the funding and repaying the monies with an assessment on property taxes. The idea was the savings on energy improvements would pay for the loan with the cost spread out over the life of the system with a lower interest rate. A competitive bid process was utilized to select the firm to put the program together. 10 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Mike Walendar, a resident of West Palm Beach, lawyer and a principal with Eco City Partners, a south Florida based company gave a PowerPoint presentation. They were hired to implement the first commercial PACE program in Florida. His company had partnered with the company who invented PACE renewable funding. The first federal grant involved the Boynton Beach Chamber of Commerce as a partner and the Town of Lantana to design the program. The cities of Delray Beach and West Palm Beach had entered their program along with many towns. They had partnered with many Chambers of Commerce and partnered with private companies to create a public /private partnership. The company chose to focus on businesses first and has become one of the first commercial PACE programs in the country. In addition to renewable funding, they worked with the foremost leading legal counsel in the State of Florida on PACE. Mr. Walendar was hopeful that within the next year and a half the program could be expanded to residential. The group also works with well known managers of special districts who interface with the property appraiser and the tax collector to ensure funding gets to the lenders to finance the projects. The program is known as an open market program and their job was to collect information about projects and let the property owners do the work. Property owners can hire any contractor, hopefully locally owned and operated. They can obtain financing through any lender. Commissioner Orlove asked who a business owner would contact to take advantage of the program. Mr. Walendar explained his job was to manage a quasi - governmental entity called the Florida Green Finance Authority which is a partnership between cities and the program is the Florida Green Energy Works Program. The property owners would come to the website and Mr. Walendar's firm would make sure the projects qualify for financing. There is an application process, but there is not a board that would review or approve a single project. The criteria would be set for approval and the criteria can be adjusted. The primary tool would require the bank that holds the mortgage to provide consent for the project. Mr. Walendar continued that there are two components, financing and a green business certification program that is free for businesses to engage the owner in ways to save money. The PACE program is administered through Florida Green Finance Authority, a separate legal entity that is a partnership between cities, counties and towns. Funds are derived from private market capital participants for primary areas or types of improvement. They are energy efficiency, renewable energy, wind resistance measures and water efficiency. Payments would be made through the property tax bills with terms up to 20 years or to correspond to the useful life of the equipment. Older buildings would be able to realize the same savings and efficiencies as in new construction through retrofits. One hundred percent of the upfront costs are provided that allow an owner to start saving money from the first day. 11 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 There would be no cost for a City to become a member of the Florida Green Financing Authority; however, there is a declining cost for two years to opt out. The ultimate goal is to help reduce emissions and energy uses in the private sector. Mayor Hay surmised if the City opted out in the third year there would be no fee and Mr. Walendar confirmed that assumption. Commissioner Holzman wanted clarification, if all the upfront costs would be paid for from a grant by the federal government, why would there be an opt out fee? Mr. Walendar responded his firm had built the design criteria and could customize the plan for the City of Boynton Beach. The financing would include churches, private schools or any property that pays non ad valorem property taxes qualifies for the funds. The goal was to reduce energy usage by 20% through energy efficiencies, renewable energy and wind resistance. Generally the financing can be up to 100% of the equity in the property and could be exceeded. Appraisals would be done to establish the fair market value of the properties. The steps would require that a property owner be eligible, the property located in the jurisdiction, not subject to a bankruptcy in the last three years and an energy review or audit be conducted. One of the major requirements would be to get an existing lender to consent to a project. The lenders would realize an increase in value of the property and put their borrower in a better cash position. Commissioner Holzman inquired what projects were currently undertaken and Mr. Walendar advised the program had just opened about a month and a half ago. There have been no applications. In other areas it was found there was a long lead time of approximately three to six months. There is significant interest in the program and would expect some evaluation in the last two to three months. Commissioner Holzman asked if City -owned property would be eligible and Mr. Walendar advised, City -owned property leased to a private property owner would be eligible to the extent that the tenant is paying property taxes. Non residential would be anything that is five units and up. Financing could not be done for single family homes, or condos. The important feature is the financing and the improvements stay with the property to ensure the savings are automatically passed to the buyer. The web site is available. The key to a successful program is the energy savings more than exceed the costs. Eco City Partners charges a 2.5% project origination fee. There is also a modest administrative collection fee charged. All other fees are passed through. The cost of an audit would be included in the financing itself. The cost of capitalized interest will be added into the financing for the period pending payment of the property taxes. The interest rates are projected to decrease as familiarity with the program grows 12 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Any contractor properly licensed in the State of Florida would be eligible to become a contractor in the program. The property owners choose the contractor to hopefully create many local jobs. It could assist in turning the economy around. The firm works closely with landlords and tenants on the issues that arise when taking advantage of the program to benefit both sides. The consent of the bank is an effort to engage the banks as partners in a new business opportunity. Mayor Hay reiterated that the property owner and lender would work out the terms of financing. Mr. Walendar agreed and added they can hire their own contractor. Mayor Hay asked if the goal was to have all 38 municipalities join forces. Mr. Walendar replied the entity is eligible to be State wide. It was hoped all of Palm Beach County would opt in, but a board had been created for state -wide representation. Many cities throughout the State have been contacted. Mayor Hay felt it was a win /win situation. He stressed the City had just won an award for green energy programs. Commissioner Orlove opined the firm was more than a conduit to manage the program, but also acts as a consultant in terms of appropriateness of projects. Mr. Walendar advised there would be significant contact between the parties as the program evolves. Ultimately it was anticipated there would be an industry of consultants and energy reviewers and implement the Green Business Certification program. Eventually the program could run itself. Mr. Thatcher interjected an energy audit or evaluation would be required. There would be a team with members certified in varied areas with the charge added into the financing. Commissioner Orlove inquired if the school district could benefit in the construction of Galaxy Elementary School. Because the school district is exempt from property taxes, financing would not be available. Commissioner Orlove appreciated the fact that the Town of Lantana laid the groundwork for all other municipalities. Commissioner Holzman asked about the cost of the audit if the property owners decline the project. Mr. Walendar explained a free walk through is required to determine if a realistic project is eligible on that site. The property owner would have to pay for the audit if they do not follow through with the financing. If the property owner agrees with the audit and completes the project, there could be 100% funding with no money down. Vice Mayor McCray questioned if Boca Raton had been contacted and it was related a presentation was made to the Green Living Advisory Board. Vice Mayor McCray asked that the date of the presentation be provided and Mr. Walendar agreed. Mayor Hay emphasized it would be a zero cost to the City with many benefits. Commissioner Ross wanted to know if the consultant role would be in the long term or short term. Mr. Walendar advised there was a contract for five years with the Florida Green Finance Authority. It was anticipated to take that long to get the program up and 13 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 running and to scale. They could be terminated for cause prior to the end of that five - year term or the contract could be renewed. Commissioner Ross noted charter schools or public schools could not be involved. Mr. Walendar indicated a lien would have to be placed on the property that recoups the ability of the lender to get paid. The repayment method is through the property tax bill. If it is a public school or public building that does pay property taxes, there is no avenue to facilitate the repayment. Commissioner Ross also thanked the Town of Lantana and noted the Mayor totally supports the program. Motion Commissioner Orlove moved to approve Proposed Resolution No. R12 -057. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Continued discussion of City Manager search process - per the request of Commissioner Orlove. Commissioner Orlove requested a point of order that the public be able to address the issue whether or not a motion is made. Commissioner Orlove commented a process had been initiated and remains in the same position. He asserted Ms. LaVerriere is doing an outstanding job as Interim City Manager and he did not think further searching was necessary. Motion Commissioner Orlove moved to suspend the search for a City Manager. Vice McCray seconded the motion. Mayor Hay allowed public comment. Herb Suss, 1711 Woodfern Drive, commented the Interim City Manager had done the work and all the people and departments supported her. It would be good for morale and the issue should be resolved with appointing her City Manager. A process was undertaken and taxpayer dollars spent needlessly. In his opinion the manner of handling the transition was deplorable. He wanted the Commission to come together and stop the nonsense and vote 4 -1 or 5 -0 to appoint Ms. LaVerriere as the City Manager. 14 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Brian Edwards, 629 NE 9 Avenue, agreed with Mr. Suss that the Commissioners were entitled to their opinions. He was proud that in his travels throughout the County, Ms. LaVerriere is known in a very positive light. As Interim City Manager she has performed at every meeting and staff accolades can be attributed to the leadership of Ms. LaVerriere. The grounds for a no- confidence vote were difficult for him to understand. He suggested it would be a positive step to have a City Manager rather than Interim and move forward with the branding element. It would be a disservice to make another change and have a new City Manager. No one else coming forward, Mayor Hay closed public comment. Commissioner Orlove restated the motion was to suspend the City Manager search and it was seconded. Vote The motion passed 3 -2 (Commissioners Holzman and Ross dissenting). Motion Commissioner Orlove moved to appoint Lori LaVerriere as City Manager. Vice Mayor McCray seconded the motion. Vice Mayor McCray admitted he had negative doubts about Ms. LaVerriere when he first returned to office. He had met with her three times and made an evaluation that he saw nothing wrong with her leadership abilities and he did not understand why she was not sitting as the City Manager. The Interim title, in his view, was a waste of time. Three candidates had been selected and only one ultimately appeared. He opined the City needed to move forward and do the right thing for the City of Boynton Beach. Vote The motion failed 3 -2 because a strong majority is required (Commissioners Holzman and Ross dissenting). B. Review of Community Development Block Grant sub - recipient performance Ms. LaVerriere advised there was a follow -up staff report. Ms. Sherrod would explain the background information including the three year history, the previous requests of the sub - recipients, actual award or grant amount approved, outcomes and goals of the population expected to be served and their projected budgets. Commissioner Holzman commented no one could say that any one of the programs provides better or more important service to the people they serve than any of the others. It is unfortunate that the Commission has provided one organization much more 15 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 assistance than the others. Equality should be obtained throughout the community and reduce the amount for the CDC from their $70,000 request to the amount given to the Community Caring Center of $38,000. He could not see that the CDC provides a better benefit to the community than the Community Caring Center. It appears the Community Caring Center provides service to 2,000 more households than the CDC. The money should be given to serve the most number of people. Commissioner Holzman suggested that instead of the $70,000 recommended, give $38,000 to the CDC. Last year the CDC was given $65,000 and this year requested $134,000 which is over $100,000 more than requested by any other single group. This year's award is $5,000 more than last year's award. He reiterated he recommended the CDC be given $38,000, the same amount awarded to the Community Caring Center that serves 2,000 homes. Vice Mayor McCray remarked in his past experiences every year there is disagreement on what each organization receives and they all do a great job. The CDC requested a large amount of money and they were given less than half of the request. Every year they are targeted, yet their programs are very different from what the Community Caring Center does. The CDC deals with obtaining housing and is much different than the goals of the Community Caring Center. It was an unfair comparison. Commissioner Orlove recalled the programs and funding are reviewed by citizens in the community. Ms. Sherrod explained there were residents from the community and two staff members were added to the committee. Commissioner Orlove agreed with Vice Mayor McCray. It is important to move forward to ensure those organizations that bring value to the community receive some funding and ability to provide services to the community. Mayor Hay was proud of staff and their ability to deal with HUD guidelines that are very complex. The HUD staff will confirm the Boynton Beach staff do a great job and are model participants in the program. He was proud of the staff and their adherence to the guidelines and law. Commissioner Ross concurred with Vice Mayor McCray that the programs were all distinctly different and target various audiences. She was not in favor of taking money from the CDC award. It is a shame that more and different organizations do not apply. All the organizations are appreciative of any assistance they can receive. She hoped they were all diligent and accountable for the funding since the City had a larger need than most cities. Motion Commissioner Orlove moved to approve the report for the Community Block Grant program Commissioner Ross seconded the motion. 16 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Vote The motion passed 4 -1 (Commissioner Holzman dissenting). 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -012 - SECOND READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses ", requiring Certificate of Use as condition of receiving Business Tax Receipt, and removing Article I, Sec. 13 -28 "Licensing of used car lots" (TABLED TO JULY 3, 2012) Motion Commissioner Ross moved to remove from the table. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. Attorney Cirullo read Proposed Ordinance No. 12 -012 by title only on second reading. Motion Vice Mayor McCray moved to approve. Commissioner Orlove seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward. Mayor Hay closed public hearing. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 12 -013 - FIRST READING - Approve amendment to Land Development Regulations intended to extend the trial period for temporary feather banners for 12 months and allow for repeated 90- day display periods Attorney Cirullo read Proposed Ordinance No. 12 -013 by title only on first reading. 17 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 Motion Commissioner Ross moved to approve. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED RESOLUTION NO. R12 -058 - Approve joint proposal regarding location and limitation of digital outdoor advertising displays with Clear Channel Outdoor, Inc., and Wilton Manor Street Systems, Inc. Attorney Cirullo explained the Resolution would approve the location and limitations of digital outdoor displays. Motion Commissioner Orlove moved to approve Resolution No. R12 -058. Commissioner Holzman seconded the motion. Commissioner Orlove disclosed he had spoken with Wilton Manors Street Systems and their attorneys both previously and today. He wanted to know the location of the board for Clear Channel Outdoor, Inc. Special Counsel Michael Burke responded there were two boards. One would be changed to digital and was located .2 miles north of Gateway Boulevard on the west side of 1 -95. It would be on the north bound side providing messages to south bound traffic. The agreement provides after January 1, 2013 a second location .5 miles north of Boynton Beach Boulevard on the west side of 1 -95 would be eligible to be changed to a digital face. It would be visible for north bound traffic. Commissioner Orlove appreciated that his efforts to get some promotion for the City was added to the resolution. It would assist in the branding efforts and other positive messages. Attorney Burke pointed out approval of the agreement would result in the dismissal of the pending lawsuit. Another aspect of the agreement relates to the lease of the Public Works property for the Wilton Manors Street Systems sign. Commissioner Orlove understood it would be a static board with the potential to be digital. Attorney Burke explained the agreement provides the City would lease an agreed upon location within the Public Works property for an outdoor advertising structure that meets the Florida Department of Transportation guidelines and the settlement agreement provisions. It provides for a rental payment and initially the sign 18 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 faces would be static, non - digital. The City could later enter a subsequent agreement relating to that sign and the lease of that sign. It also provides Wilton Manors Street Systems holds the right, under the 2001 agreement, to an additional sign within the City so long as constructed in accordance with the 2001 settlement agreement. It could be constructed at another location as long as it met with the requirements of the agreement. Peter Sachs, counsel for Wilton Manors Street Signs, advised the static sign lease would be for a little less than $25,000 plus a 3% increase each year. The lease was submitted and once the settlement with Clear Channel was resolved a few comments were added, but the economic terms remained the same. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. Special City Commission Budget Meetings, Monday, July 16, 2012 @ 2:00 p.m., Tuesday, July 17, 2012 @ 9:00 a.m. and Wednesday, July 18, 2012 @ 2:00 p.m. in the Library Program Room at the City Library B. Update on City of Boynton Beach towing contract - 7/17/12 C 2nd Qtr 2012 report on Economic Development Program Initiatives - 7/17/12 D. 2nd Qtr 2012 update on Climate Action Plan Implementation - 7/17/12 E. Second monthly update on Old High School project - 7/17/12 F Proposed Interlocal Agreement with Quantum Park Overlay Dependent District - 7/17/12 G. Approve scope of services for police study RFP- 7/17/12. H. Discussion of the Palm Beach County Ethics Commission opinion regarding City Commission expense accounts per the request of Commissioner Bill Orlove - 7/17/12. I. City Commission discussion of the South Central Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/17/12 J. Discuss scope and timing of Charter Amendments adoption and public hearings - 8/07/12 19 Meeting Minutes Regular City Commission Boynton Beach, FL July 3, 2012 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" The brand statement was recited. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 8:40 p.m. CITY OF BOYNTON BEACH Woodrow L. Hay, M. ; i cCray, Vice Mayor Will' - • rlov =, Commiss ; , n 1 01 • a Co i _ . g er ATTEST: Marlene Ross, Commissioner e s . p d i 7 -t M.Pra ini to ,MM C y Clerk 4" A. Pyle, CMC eputy City Clerk 20