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Minutes 06-19-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 19, 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 James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner (amved at 6 32 p m ABSENT: William Orlove, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor McCray Mayor Hay welcomed everyone to the meeting and called it to order at 6:30 p.m. Vice Mayor McCray offered the invocation followed by the Pledge of Allegiance led by Commissioner Holzman. Mayor Hay indicated Commissioner Orlove was on a trip and Commissioner Ross was running a little late. D. Brand Promise Statement Mayor Hay emphasized the importance of branding the City and marketing it as, "a creative haven embracing artists, writers, entrepreneurs and dreamers ". (Commissioner Ross arrived at 6:32 p. m.) E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Item 6.0 and requested Future Agenda Items 14.B and 14.G be placed on the July 17 agenda for the City Attorney to be present. Vice Mayor McCray pulled Items 6.A, 6.D, 6.F and 6.1 for discussion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Commissioner Ross pulled Item 6.F also. The items Mayor Hay wanted to pull had been pulled. 2. Adoption Motion Vice Mayor McCray moved to adopt the agenda as modified. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross thanked everyone for their support during the recent loss of her father, Cesar Figueroa. She acknowledged the care offered to the entire family by the Hospice of Palm Beach County unit at Bethesda Hospital. Vice Mayor McCray had attended the Flag Day ceremony and won a prize at the Chamber of Commerce luncheon that he would be returning to the Friends of the Library. He had attended the police awards ceremony too. Mayor Hay announced Bill Koch, Mayor of the Town of Gulfstream, had passed away after serving as Mayor for 46 years. On June 7 Mayor Hay had attended the unveiling of the monuments honoring the US Coast Guard and it's auxiliary. He had gone to the Dori Slosberg Foundation meeting with the theme "Stayin' Alive on 95 ", the Florida Roadways Safety Event. Mayor Hay had been present for the unveiling of the naming of Lena Rahming Child Care Center and the EdVenture Charter School graduation and toured the facility. He commended Ron Washam and his staff for the work accomplished with the students. Mayor Hay had attended the 80 Mayors' Conference, a national event, held in Orlando, FL It was well organized and very informative. Tours of the City and many of the attractions were included to market the entire City of Orlando. He stressed the next Mayor should attend the event because of the wealth of information that is shared from across the country. There was also a letter from the Mayor to County Commissioner Shelly Vana that was circulated to the Commission regarding the fee paid to the Inspector General's office. 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 The City of Boynton Beach would be entering into an interlocal agreement with the County for payment of the fee. Ms. LaVerriere noted it was an opportunity for intergovernmental cooperation. The agreement would be brought back before the Commission on the arrangements for the payment of the fee to fund the Inspector General's office. There is a pending law suit filed by several other municipalities relating to the fee 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of July 4th Salute to Independence Kathy Biscuiti, Special Events Director, announced a fabulous show was planned for July 4 at Intracoastal Park from 6:30 p.m. to 9:30 p.m. A country band would be featured with a patriotic salute at 7:30 and magnificent fireworks by Grucci commencing at 9 p.m. There are two sites to park and ride from Boynton Beach Community High School and Bank of America building. Food vendors would be on site. B. Announcement of Public Notice to water system customers of City of Boynton Beach Utilities regarding the temporary change of potable water treatment method to free chlorination beginning Monday July 2, 2012 - July 27, 2012 Michael Low, Deputy Director of Utilities Operations, announced the method of disinfection would be changing to ensure the distribution system is working at its best. He advised people using home dialysis machines, tropical fish tanks and restaurants and stores with holding tanks for shell fish have to be made aware of the change. Ms. LaVerriere stressed all utility operations were mandated to comply with the super - chlorination process. C. Proclaim June 21, 2012 as National Dump the Pump Day. Mayor Hay summarized it was an opportunity to explore commuter options and save money with the various modes of public transportation offered in Palm Beach County. 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) David Katz, 67 Midwood Lane, requested the Interim City Manager admit she was pressured by the suspended Mayor to find him in violation of the lobbying ordinance. Mr. Katz noted he had been under investigation for a year and the State of Florida found no violations. Yet, the suspended Mayor sent an email insisting the City Manager impose a fine. Mr. Katz had delivered to the Interim City Manager four letters from 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Commission members indicating he had not lobbied them. Suspended Mayor Rodriguez's letter advising he believed he had been lobbied was included in the materials submitted by Mr. Katz. Nothing was found in the records per a public records request that had been submitted by Mr. Katz. He urged the Interim City Manager to admit she was pressured by the suspended Mayor into having him investigated because he did not want Mr. Katz on the Charter Review Committee. Mark Karageorge, 240A Main Boulevard, announced Pathway to Prosperity would be having another meeting entitled, "A Village at Work" on June 26 at the R.M. Lee Center. He indicated the Boynton Community Choir had been in existence for two months and was growing at a rapid rate. It unites people from different faiths and they had an opportunity to perform with Grammy winning artists at the Father's Day celebration at St. John Baptist Church. All were welcome to join the choir. Dr. Piotr Blass, 113 West Tara Lakes Drive, offered condolences to Commissioner Ross and her family for their recent Toss. He hoped Commissioner Ross's idea for an education initiative would promote a University of Boynton Beach. Dr. Blass divulged his love for the City of Boynton Beach and his admiration for the Police Department. He would prefer the City Police Department remain and contract with the Sheriffs office for additional assistance. It is important for the City to have its own, independent Police Department. Herb Suss, 1711 Woodfern Drive, contended the search for a City Manager has caused the City embarrassment across the State and Nation and was not cost effective. The Interim City Manager, in his opinion, was the best candidate and the Commission should recognize her abilities and work together to unite the City. Mr. Suss urged the citizens to volunteer at Galaxy Elementary as it was a rewarding experience. Cliff Montross, 109 SW 18 Street, spoke about a vacant lot on Seacrest Boulevard where men were loitering. He suggested a solution would be to create a pocket park for these men to utilize. Mr. Montross felt other ideas from the citizens should be considered rather than a decision made by a Board. A recent article in the newspaper had conveyed a bad element was occupying the space that did not improve the image of the area. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Holzman moved to appoint Steven Grant as a regular member of the Financial Advisory Committee. Vice Mayor McCray seconded the motion. 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Vote The motion passed unanimously. Motion Commissioner Ross moved to appoint Robert Weiss as a regular member of the Historic Resource Preservation Board. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Ross moved to approve Alan Borrelli as a regular on the Code Compliance Board. 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. PROPOSED RESOLUTION NO. R12 -048 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Vice Mayor McCray complained the information in the backup had not been formatted to aid in reading the materials. It would be corrected. Motion Vice Mayor McCray moved to approve Proposed Resolution No. R12 -048. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 B. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the eight (8) month period ended May 31, 2012. C. PROPOSED RESOLUTION NO. R12 -049 - Approve and authorize the Interim City Manager to enter into an agreement for consulting services between the City and Delores Schlesselman to provide analysis and scoring services for the Commercial Interior Build -Out Grant and Commercial Rent Subsidy Grant Commissioner Holzman questioned if the service could be provided internally without having to outsource the project since it appeared to be a simple task. Nancy Byrne, Director of Development, replied in light of the ongoing re- organization, staff had not been assigned the responsibility. It was the same consultant as used by the CRA so the process would be consistent scoring. The software being used is her own design and staff would need to create their own methodology to score the applications. She speculated the complexity of the grants would change once the Economic Development Manager was hired as well as the type of ratings and program utilization. Commissioner Holzman suggested it was a small group at this point and perhaps the time to change. Commissioner Ross wanted assurance that posting was not needed. Ms. Byrne responded it was a small fee and her methodology was her own. It would be the fastest way to get the grant program up and running. Motion Commissioner Holzman so moved. Commissioner Ross seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R12 -050 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Jonathan Grosso for the property at 1170 Highland Rd, Lantana, FL. Vice Mayor McCray inquired if all hook ups were in place. Kofi Boateng, Director of Utilities confirmed they were. Motion Vice Mayor McCray moved to approve Proposed Resolution No R12 -050. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 E. Approve the minutes from the City Commission special meeting held on June 2, 2012 and the regular meeting held on June 5, 2012. F. Approved the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated /One Year Action Plan for FY 2012/2013. The anticipated Community Development Block Grant allocation is $440,824. Previous years funding in the amount of $125,000 will be re- appropriated to complete this budget. Commissioner McCray noted various groups and people had worked on appropriations and many did not receive the requested amounts. He wanted to know if the panel did the best they could and the applicants were satisfied. Commissioner Ross wanted discussion because she saw the same groups receiving money every year and questioned if the best approach was being used to distribute the funding. Octavia Sherrod, Community Development Manager, explained public advertisements were placed in a couple newspapers resulting in the applications filed. Commissioner Holzman wanted to see the distribution of funds the prior year for comparison. He asked if City staff did any type of review of the actual work being done with the monies received and the result of work being done. The allocation of monies in relation to the best use of the funds was a concern. Ms. Sherrod explained each of the sub - grantees provide different services for the City. The Recreation and Parks Department and Aid to Victims of Domestic Abuse (AVDA) are in a specific category because they provide a public service. The program provided by the Recreation and Parks Department involves payments for the latch key or summer camp programs. AVDA provides counseling and intervention for teenagers identified as far as domestic assault. The City's allocation can only expend 15% of its entire allocation on public services. The Community Caring Center is one of the three organizations that would receive limited funding. The total allowable amount is $66,123 that was split between those three agencies. Commissioner Holzman attempted to ascertain the criteria for the distribution of the funds. Ms. Sherrod replied the amounts were based on the request, their grant application and basically interaction from the committee members. All the applicants requested more than they received. Commissioner Holzman did not see any type of review over the organizations to ascertain if the money would be well spent for what they provide. Ms. Sherrod replied all the non - profits are monitored annually with monthly reports being filed. She would provide a report. The process had been altered to include an additional meeting before the Commission to present a preview of the recommendation for the annual Action Plan provided to HUD 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 (Housing and Urban Development). August 15 is the deadline for the plan to be delivered to HUD. In the past, the first meeting in August is the Commission meeting asking for final approval. Publishing the recommendation for 30 days is required to receive any public comment. The Commission had previously changed or approved the recommendation of the committee. Federal regulations dictate the Community Development Department provided certain services to the community with the federal dollars. The agencies listed provide those services. Commissioner Holzman simply asked for further information to make a more informed decision on the distribution of the funding and the use of the funds. There was sufficient time remaining for further review and publication. Mayor Hay was on the Board of Directors with the League of Cities and had met with HUD officials on several occasions who advised Boynton Beach was a model for allocating funds and filing reports. He commended staff for their hard work. Vice Mayor McCray recalled from his past experience, that the organizations always want more money. A committee reviewed the requests and made recommendations. It is being monitored. The various organizations are not complaining. Vice Mayor McCray did not feel the process should be furloughed for one Commissioner to receive more information. Commissioner Ross asked for more clarification on the committee and if outcomes were achieved by the agencies in the past for some type of accountability. Ms. Byrne advised the committee did not look at the past history of the organizations. They reviewed the applications submitted in this year. She would gladly provide all the information requested because the process is completely transparent. There was staff involved review along with two citizens to keep the process objective. Ms. Byrne mentioned it was an arduous task to comply for the CDBG regulations and not every non - profit wanted to apply. There is monthly monitoring and not every non- profit organization wants to take on the task. Commissioner Ross did want to be made aware of the outcomes, goals and objectives for the funding. Commissioner Holzman suggested various data sources that could be provided to make a more logical and informed decision on the allocations rather than just moving the numbers around. Ms. Sherrod recalled some of the requirements for funding had gone through changes and at one time matching funds were required that made it more difficult. There are a lot of needs for public services within the City. Motion Commissioner Holzman moved to bring the item back with more data points for the first meeting in July. Commissioner Ross seconded the motion. 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Vote The motion passed 3 -1 (Vice Mayor McCray dissenting). G. Accept the written report to the Commission for purchases over $10,000 for the month of May 2012. H. Accept the second quarterly status report of the City of Boynton Beach Economic Development Program Implementation for the 1st quarter 2012. I. PROPOSED RESOLUTION NO.12 -051 - Approve agreement with GovernmentJobs.com, Inc., d /b /a NeoGov for Applicant Tracking Software and authorize Interim City Manager to sign agreement for a total cost of $11,000 Vice Mayor McCray wanted the citizens to know money would be saved by entering into the agreement by the reduction in the maintenance fees and implementation and training fees. Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 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 - 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 and classified by the State as Mobile Food Dispensing Vehicles (MFDVs); and 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 2) to accommodate limited connection to utilities. Applicant: City Initiated. (REQUEST THIS ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS) Motion Vice Mayor McCray moved to table the Item to July 3, 2012. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Accept status report on Net Assets' on -line lien search services. City Clerk Prainito pointed out the City Clerk's office had never been a revenue generating department. In June of 2011 the service began. It allows title companies to search online for property liens before closing on sales. Prior to this time the process was done manually by staff. As of May 30, 2012, 2,670 inside City searches and 589 outside City searches had been done for a net revenue of $303,910. Hopefully the next year would be even better. Ms. LaVerriere recognized the City Clerk and Deputy City Clerk for taking the initiative and launching the program with a lot of hard work. It not only generates income, but also provides a better service to the banks and title companies to get up -to -date information rather than the delay of manual searches. B. Provide direction to staff on review /analysis of Palm Beach County Sheriffs Office proposal for police services; approve agreement with the International City /County Management Association (ICMA) for a efficiency analysis of Police Department operations in the amount of $47,000 (which includes up to $4,700 for presentation of final report by ICMA Management Review Team) plus $8,000 for estimated travel expenses; authorize expenditure of up to $55,000 from Law Enforcement Trust Fund for conduct of the study. Vice Mayor McCray suggested the citizen comments be heard first. Commissioner Holzman wanted to separate the two issues. Mayor Hay agreed with hearing the public comments first. Commissioner Ross agreed. Mayor Hay did want to have a full board present before any major decision on the Sheriff's proposal would be made. The issue was opened for public comment 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Herb Suss, 1711 Woodfern Drive, asked about the cost to the City for looking into the proposal. He felt it would be detrimental to the City to make a change and saw it as a stepping stone to other City services being outsourced to other entities. The past reductions in the millage rate had created the crisis the City is now experiencing. He proposed raising the millage rate and taxes to keep the Police Department. Gertrude Sullivan, 201 NE 6 Avenue, supported keeping the Police Department, even if it meant changing the Chief. She did not want the Sheriffs Department in the area. She indicated the millage should be raised rather than nickel and diming the residents in other areas. Mayor Hay emphasized Chief Immler was not trying to get rid of the Police Department. He had been asked to look at the proposal as another option like other issues before the Commission during budget discussions. Mark Karageorge, 240A Main Boulevard, pointed out there were short-term and long- term consequences. He had several concerns and a leader should look long -term and invest in the Police Department and give them the facility they need. It can be done with bonding. There also needs to be sacrifices across the board including from the citizens with increased millage. The officers need to contribute more to their benefit costs of 2% to 6 %. Public safety is a critical need for every City and it is expensive. Mr. Karageorge indicated the proposal from the Sheriff's office includes a 7% increase in the third year of the agreement and increases thereafter. He suggested other areas that have recently converted from their own departments be consulted about the level of service. The reduction of 40 positions was another contributing concern. Dr. Piotr Blass, 113 West Tara Lakes Drive, felt the City of Boynton Beach needed its own Police Department, but was not in favor of increasing taxes. Boynton Beach needed its own Police Chief. Dr. Blass had previously worked with Sheriff Bradshaw in another position and was not impressed with him. Floyd Zonenstein, 2620 NE 1 Court, spoke as President of Village Royale on the Green, and reported there was agreement among the residents the City of Boynton Beach should keep its own Police Department. There is nothing better than your own Police who know the residents and the area. No one else coming forward, Mayor Hay closed public comment. Vice Mayor McCray recalled prior Commissioners had looked into the long -term and had bought the land along 1 -95 to construct new fire and police facilities. The current idea is to sell the land and he did not agree. Vice Mayor McCray contended the costs and needs have to be assessed before the budget hearings. He did agree the City needed its own Police Department. The Sheriffs proposal is premature until the budget is fully vetted to save more money. 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Commissioner Ross wanted to see a comprehensive, comparative of the short-term savings being discussed and the long -term savings. There was the possibility of outsourcing services to other municipalities that should also be addressed. Most of the input she had received from citizens preferred the Boynton Beach Police Department alternative. Commissioner Holzman concurred with Commissioner Ross there should be a full - fledged analysis with a breakdown of all costs for any agreement including future year's adjustments. There should be a comparison of other cities that use the Sheriff's Department and their contractual obligations. He noted there were exit clauses and penalties that should be considered including the loss of assets and cost of replacement if necessary. Retirement benefits should be fully developed and understood. Vice Mayor McCray questioned if staff would be qualified to give the in -depth analysis. Ms. LaVerriere advised it would be time intensive for staff with a timeline of 60 to 120 days. Projecting pension costs may require some outside assistance. A team could be assembled to tackle all the aspects. There are firms that could do a full analysis of the Palm Beach Sheriffs' Office (PBSO) proposal and associated costs. Mayor Hay was satisfied with the Boynton Beach Police Department and would not entertain going to PBSO. He did agree with Commissioner Holzman that an analysis and study is needed for internal tweaking to make the department more effective and efficient. An outside firm may be required for some of the long -term aspects. His focus would be on what should be done to maintain the Police Department rather than analyzing the PBSO proposal. Vice Mayor McCray wanted an outside analysis to look at the Boynton Beach Police Department. Mayor Hay and Vice Mayor McCray did not want to continue with the PBSO proposal at all. Commissioner Ross wanted to concentrate on what needed to be done to keep the Boynton Beach Police Department and improve it in whatever way possible. Consensus Mayor Hay declared there was consensus not to move forward with any further review of the PBSO agreement. Commissioner Holzman recalled a previous Commission had decided to do a review of the Police Department. Staff returned to the Commission with several options. It was recommended a sensitivity -type training aspect be pursued. Commissioner Holzman wanted an ICMA efficiency analysis at that point. At this time staff was recommending the ICMA review be initiated. He questioned why the focus of staff had changed. Ms. LaVerriere responded the Commission had not defined or agreed on a scope of work to be studied. The quotes that were gotten related to doing cultural assessments 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 to review practices and the mind set of officers to deal with the culture of the entire department. The previous ICMA proposal is not as comprehensive as the one currently being recommended. The scope would involve a review of how the resources are being used to run the Department. It would cost more than the first proposal, but be more comprehensive. Commissioner Holzman supported a more comprehensive review and wanted the timeline. Ms. LaVerriere reported a relatively substantial report could be submitted in 90 days, but overall the scope would require a four to five month process. Assessment reports would be submitted during the study. It would be a total of five months to completion. Since the process would not be complete until after the budget preparation, Commission Holzman speculated an RFP (Request for Proposals) process may be appropriate. He recommended a 30 -day RFP for this specific type of review to select the best option. Commissioner Ross added the ICMA group had been accused of using a 1960s methodology and perhaps the Commission should be concerned in that regard. Ms. LaVerriere replied it was comments and criticisms that she had heard. Commissioner Ross did want to compare other proposals. Ms. LaVerriere indicated there were firms with law enforcement perspectives and management perspectives. The cost would be $75,000 to $100,000. Commissioner Holzman remarked it was not monies from the General Fund, rather a law enforcement trust and not citizen tax dollars. The balance and use of the trust funds was discussed. Motion Commissioner Holzman moved to direct staff to go out to RFP for the specific efficiency analysis of the Police Department. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Discuss proposal for purchase of City owned real property located at 2240 S. Congress Avenue Vice Mayor McCray opined no City property should be sold until the Police Department issue has been resolved. The proposed property is being used for storage. Mayor Hay agreed with Vice Mayor McCray. Commissioner Holzman disagreed. The Commission had previously directed staff to look into utilizing empty space existing within the current City Hall, Fire Station #1 and 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 convert the bottom floor of the parking garage for police services. The proposed offers are above market and should be discussed on their merits and a decision made to sell. Commissioner Ross thought the two offers were interesting. She cautioned the offer submitted by Larann LLC was actually Larry Finkelstein who had been involved in some controversial land sales within the City. She did want to discuss both offers that had been submitted. Motion Commissioner Holzman moved that the City agree to the purchase contract offered to the City by Mack Properties. Commissioner Ross amended the motion to approve the Mack offer on the condition they make a commitment for five years and not allow a non- profit in the location. Attorney Cherof advised it was uncertain enough it should be made a condition of approval and therefore part of the contract and deed restriction transferring the property. Commissioner Holzman agreed to the amendment. Mayor Hay opened the issue for public comment. Charles Kantor, 2905 South Greenleaf Circle, implored the City to not sell any real estate to anybody. The basic substance of wealth is real estate and it should not be sold to settle a short-term monetary problem. It will be regretted in the future. Utilize the land if necessary with 99 -year leases that offer more flexibility and income was his suggestion. Dave Mackey, 1499 SW 30 Avenue, had developed and owned property in the City for over 20 years. He had submitted the contract for sale in May. He wanted to move forward and was willing to discuss any issues as they arose. Brian Edwards, 629 NE 9 Avenue, cautioned the Commission to not move too fast with the present contract proposal. He opined Larry Finkelstein's service to the community should be commended for his past accomplishments within the City. More information was needed before the deal should even be negotiated. Dr. Piotr Blass, 311 West Tara Lakes Drive, was against the sale of the property. There were a lot of needs including the University of Boynton and the Police Department. Land is an investment in the future, so he was against any sale. No one else coming forward, public comment was closed. Ms. LaVerriere advised, before any sale was commenced, a decision needed to be made with how to house the items at the site. Staff had not been directed to expand any of the current facilities. Estimates were submitted but no decision made on what to do. She estimated it would be $1M to several million to renovate the old building and house the PD at the City Hall site. Some form of workshop or discussion needed to be 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 scheduled to view the entire picture of the site and future of the Police Department. The impact of the Old High School and possible site development has been an issue and could impact parking and space constraints for the employees. Mayor Hay suggested a workshop should be scheduled to bring all the pieces of the puzzle together to get the big picture. The proposal to sell the land was premature. Commissioner Holzman was baffled because the Police Department has been discussed many times and the decision has been not to move. The decision was made to keep the Police Department at its current location, changing the bottom floor for PD services and moving vehicles to the tow facilities and yet nothing happens. The decision had been made several times not to move the Police Department to High Ridge Road. Vice Mayor McCray called for vote on the motion. Mayor Hay wanted to hear from staff. Jeff Livergood, Director of Public Works and Engineering, confirmed Commissioner Holzman's recollection of the history of the Police Department debate. He agreed with Ms. LaVerriere that a decision is needed on what to do with all the property in the Congress Avenue site before the property can be sold. The three options previously submitted by staff are still viable depending on how much money would be allocated. The two essential elements are evidence storage space and relocation of the property currently stored at the Congress Avenue site. Vote The motion failed 2 -2 with Mayor Hay and Vice Mayor McCray dissenting. Vice Mayor McCray offered his opinion that any decision on the property should be delayed until a full board was present. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R12 -052 - Approve an amendment of the NSP Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) dated July 20, 2010, allowing for an extension to September 30, 2013 and authorize the Mayor to execute the amendment. Attorney Cherof read Proposed Resolution No. R12 -052 by title only. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Vote The motion passed unanimously. B. Consideration of the implementation of a new education initiative in the City of Boynton Beach Commissioner Ross commended staff for their assistance in adding to the brand promise about how much the City values education from early childhood through seniors. There are many educational facilities within the City serving the entire population. She had been designated as Education Commissioner and was pleased to announce the theme of "The Learning Experience ", a campaign to market the City with a goal of improving the graduation rate for the children. Vice Mayor McCray commented Commissioner Ross was the education liaison. The entire Commission are education commissioners. He felt offended. Commissioner Ross clarified that the former City Manager had initiated the designation during the fight to keep Galaxy Elementary School in Boynton Beach for her to be the advocate and voice of the City with the School Board and School District. Vice Mayor McCray emphasized the Commissioners are elected for everybody in the City and if the former City Manager made the designation it should be brought back before the Commission for further discussion. Mayor Hay agreed with the initiative basically, but wanted more information on the deliverables expected and the position of other agencies. Commissioner Ross thought the advisory boards could be used to focus on education and further the initiative. Motion Commissioner Holzman moved to approve the implementation of a new education initiative, The Learning Experience. Commissioner Ross seconded the motion. Mayor Hay wanted more information. Ms. LaVerriere explained one of the attributes of the brand promise was to get the attributes of the City out to the public including education opportunities from cradle to grave. There are many non - profit organizations and schools in the City. One of the sub - elements of the marketing plan would be to highlight education. Engaging the advisory boards to come up with creative ideas to market the message may be a good direction. It would be part of the marketing plan. Vice Mayor McCray remained convinced it was too soon to vote on the plan and the advisory boards had not been presented with the concept. There should be more input from the boards and an Education and Youth Advisory Board already exists. 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 Mayor Hay asked the consequence if the advisory boards reject the implementation of the initiative. Commissioner Ross could not imagine the boards rejecting an education concept. Vote The motion passed 3 -1 (Vice Mayor McCray dissenting). 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -010 - SECOND READING - Amend the Land Development Regulations (LDR) to implement recommendations of the Moratorium Study, Notice of Intent (NOI) #2011 -01, pertaining to 1) location of not - for - profit uses in certain zoning districts, and 2) the replacement of the lists of approved uses for the three Planned Industrial Development Districts (PIDs) with the standard use regulations listed in the Use Matrix. Attorney Cherof read Proposed Ordinance No. 12 -010 by title only on second reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing. Sister Lorraine Ryan, Women's Circle, 912 SE 4 Street, 910 SE 4 Street and 918 SE 4 Street, congratulated the Commission for their marketing effort with the new banners and artistic effort. She hoped the vacant areas can be developed commercially to bring in the taxes. She was not sure of the intent of the moratorium before the Commission. Her group had measurable outcomes by creating employees for the City, and creating citizens for the Nation as outcome measures that would eventually increase the tax base. She hoped the study would not include her area in the moratorium so she can continue to develop their lots. Charles Kantor, mentioned there were areas zoned for commercial use. If a non - profit goes into the area, it would deny the City and the residents tax revenue. He urged the Commission to consider the taxing issue when moving non - profit organizations into zoned commercial areas. It was preferred that the Commission look to the future when the commercial space will be needed. Pamela Owens, from Charter Schools of Boynton Beach, understood their ability to expand would be hindered by the proposed ordinance. She indicated there were agreements the Charter School had to honor that fall under the ordinance and asked the Commission to look at how it affects the Charter School of Boynton Beach. She 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 suggested the schools be grandfathered out of the ordinance. The School employs approximately 100 employees and with expansion, staff would be added. The learning gains of the students were her deliverables. Students in their schools for over three years have seen a 70% increase in reading skills and 73% increase in mathematics. Emily Loggerquist, from Charter Schools of Boynton Beach, Human Resources Director, wanted it understood the 100 employees cover job descriptions from custodians to teachers and assistant principals. The average salary, including benefits is $55,000. This year the Florida Retirement System would be instituted. The school attracts jobs that require only high school educations all the way to the top qualified positions. The goal of the Charter School of Boynton Beach is that every student graduate with a high school diploma. She urged the Commission to continue to allow the Charter School to be in the City of Boynton Beach. Mark Karageorge, 240A Main Boulevard, supported the moratorium. The Quantum Park Master Plan had not been followed on many occasions when it was designed to be office, industrial and commercial. They are low cost, high tax revenue areas. High cost are education facilities and residential areas. He disagreed with the 20% for expansion and argued it should be 50 %. The 20% would hamper churches from expansion and other non - profit entities. There are job producing elements that should be increased to perhaps 50 %. The moratorium affects all non - profits City -wide. It could have a dramatic impact. The industrial and commercial base in some areas needs to be saved for future growth. Dr. Piotr Blass, 113 West Tara Lakes Drive, agreed with Sister Lorraine and hoped she would realize her goals. It was unbelievable to him that the City would stand in the way of a charter school. Quantum Park could be a haven for research facilities connected to educational institutions. Increasing the tax base would come from research and high tech. It is part of the mixture that needs to be added to Boynton Beach. No one else coming forward, Mayor Hay closed public audience. Mayor Hay wanted more information relating to the 20% expansion provision. Mike Rumpf, Planning and Zoning Director, explained churches were unlimited in residential zoning districts. They are conditional so the design would be sensitive to the residential environment. Attorney Cherof did not want the perception that the City is zoning non - profits out of Boynton Beach. There is still significant areas where they can locate. Mr. Rumpf stressed the study was concentrating on the commercial and industrial districts only Vote 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 City Clerk Prainito called the roll. The vote was 4 -0. B. 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" (REQUEST THIS ITEM BE TABLED TO JULY 3, 2012 FOR LEGAL NOTICING REQUIREMENTS) Motion Vice Mayor McCray moved to table. Commissioner Holzman seconded the motion. 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. City Commission discussion of the South Central Regional Wastewater Treatment & Disposal Board Interlocal Agreement - 7/3/12 C. Staff update on marketing and culturalization initiatives for City Rebranding Program - 7/3/12 D. Financial Advisory Committee Budget Report E. Property Assessed Clean Energy (PACE) Program - 7/3/12 F. Consider lease agreement and demolition of animal control building for joint use parking. - 7 -03 -12 G. Discussion of the Palm Beach County Ethics Commission opinion regarding City Commission expense accounts per the request of Commissioner Bill Orlove - 7/03/12. H. Discussion of the City Manager search process per the request of Commissioner Bill Orlove - 7/03/12 I. Renewal of Interlocal Agreement with the Town of Hypoluxo for the City of Boynton Beach to provide Building Inspection services - 7/03/12 J. Update on City of Boynton Beach towing contract - 7/17/12 K. 2nd Qtr 2012 report on Economic Development Program Initiatives - 7/17/12 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 L. 2nd Qtr 2012 update on Climate Action Plan Implementation - 7/17/12 M. Second monthly update on Old High School project - 7/17/12 N. Proposed Interlocal Agreement with Quantum Park Overlay Dependent District - 7/17/12 O. Discuss scope and timing of Charter Amendments adoption and public hearings - 8/07/12 15. BRAND PROMISE STATEMENT — "BREEZE INTO BOYNTON BEACH — AMERICA'S GATEWAY TO THE GULFSTREAM" The brand promise statement was recited. 16. ADJOURNMENT There being no further business to come before the Commission, Mayor Hay properly adjourned the meeting at 9 p.m. (Continued on next page). 20 Meeting Minutes Regular City Commission Boynton Beach, FL June 19, 2012 CITY OF BOYNTON BEACH -, r'i. - " Woo: :., r pr -' < , Mc ,, i e Mayor Williarn *Love, ' = missi el Steven Hglzm. n, om is one ,- ATTEST: Marlene Ross, Commissioner AztiAtlic. L ill - Ja et M. Prainito, MMC y Jerk ith A. Pyle, CMC eputy City Clerk 21