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Minutes 08-21-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 21, 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 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 called the meeting to order at 6:30 p.m. and welcomed all those present. He offered the invocation and Vice Mayor McCray led the Pledge of Allegiance to the Flag. D. Brand Promise Statement The brand promise was read. "It is time to take a look at Boynton Beach, complimented by excellent schools with a mission to educate, nurture and inspire." E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Items 6 J, K and L and grouped them together for discussion. Vice Mayor McCray pulled Items 6 D and E. Mayor Hay pulled Item 6 I. Attorney Cherof requested to add under Legal, C, a request for a closed -door session on pending litigation. He also reminded the Commission there would be a closed -door labor discussion after the meeting. 2 Adoption Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross remarked she had attended Pathways to Prosperity's town hall meeting and congratulated their staff on the program. The "Bury the Violence" representatives were also present. Others would be scheduled over the summer. Vice Mayor McCray acknowledged former Commissioner Orlove who was present. Vice Mayor McCray had attended the French Legion of Honor medal ceremony that included a gentlemen 100 years old and another that was 88 years old. It was an emotional ceremony remembering all those who did not return. Vice Mayor McCray also attended the Office Depot Back -to- School- Give -Away in place of Mayor Hay It was a fun event for parents and students. Commissioner Holzman announced there would be a plain air session August 23 at the Art District's art walk event on Industrial Avenue. It will be a great event for art and the artists. Mayor Hay thanked the Commissioners who attended the South Central Regional Wastewater and Treatment Disposal Board meeting. Policy changes were made to continue operations in an efficient and effective manner. He had attended the art showcase for youth. There was an exceptional amount of art submitted from very talented young people. He hoped the event continues to grow Mayor Hay mentioned it was the sacrifices of all veterans that maintains the freedoms we enjoy now and in the future. He asked the efforts of the veterans never be forgotten and recognized the veterans who were present. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Commissioner Marlene Ross will introduce the Boynton Reads Committee and discuss its mission Commissioner Ross introduced the Boynton Reads Committee and Laura Orlove from Forest Park Elementary, a resource teacher who shared the mission of the grass roots group. It is a great example of the importance of education in the City and the focus on adults and children to improve literacy rates. She also recognized Darlene Kostrub, 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Chief Executive Officer of the Literacy Coalition of Palm Beach County and thanked her for the work of the Coalition. Laura Orlove, 2459 SW 23 Cranbrook Drive, gave a description of the creation and goals of the Boynton Reads Committee. They hoped to increase literacy among adults and children. It was also a goal to ensure students get the books and materials to be on grade level by Grade 3. Encouraging children to own books and love reading to be successful and have a positive impact in their communities was the focus. The schools would then project a more positive image in the County and State. Some of the partners are Barnes and Noble, Boynton Beach City Library, Boynton Beach Lantana Rotary Club, Boynton Beach Youth Empowerment Center, Children Services Council, First Book, Forest Park Elementary School, Galaxy Elementary School, the Literacy Coalition of Palm Beach County, Pathways to Prosperity, Rolling Green Elementary and WXEL TV. Mrs. Orlove asked for the Commission and City's recognition and support to collect books for the children and encourage reading. Darlene Kostrub, 22757 Pickerel Circle, Boca Raton, Director of the Literacy Coalition was proud of the work being done by the Boynton Reads Committee and their enthusiasm. The specific ways the Coalition was assisting was the AmeriCorps program and a new program in development. She reminded the Mayor and Commission September 19 would be the Mayor's Literacy Initiative. Mayor Hay commented if a kid can read they stand a chance in the world. Not being able to read creates roadblocks along the way. He thanked the group for their efforts. 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, spoke about the Pathways to Prosperity meeting that was attended by City staff and the Boynton Beach Chamber of Commerce Chair. He noted Commissioner Ross exemplified the positive things about the City and was an ambassador for the Commission showing that government does care, listens and is proactive. The Recreation and Parks programs from the cradle to the grave were outlined by staff. The efforts of the City Manager's office to solve problems and make all resources available were discussed. Paula Powers, 172 SE 30 Avenue, complained about her utility bill and the various charges that are included other than water. Her income was limited and it was difficult to pay the water bill. She would appreciate any assistance that was available. Mayor Hay suggested Ms. Powers speak with the City Manager's office. 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Karen Yeh Oh, 1560 Via de Pepi, reported a board member for the La Firenze development in Renaissance Commons had hired his friend to do all the exterior painting for the community that she did not feel was necessary. The relationship was not declared before the vote. She requested the City's assistance and Mayor Hay directed her to contact the City Manager's office. Ms. Yeh Oh complimented the City's Police and Fire for their quick response to an issue with a leaking sprinkler system. Brenda Miller, 821 NE 1 Street, Apartment 8, was concerned about the conditions at the Boynton cemetery. The weed growth was so deep many headstones were covered. The ground is very uneven and she could not find her loved ones or their markers. Dr. Piotr Blass, 113 West Tara Lakes Drive, noted cemeteries are sacred. He also advised he had been speaking with Walmart about opening a grocery store in the Heart of Boynton that was Gertrude Sullivan's dream. He was traveling to Poland and would look for a Sister City there. Dr. Blass continued with his quest to create the University of Boynton and one project being considered was to put turbines in the gulfstream for energy as an example of the high technology that could exist in Boynton. He hoped it could be an incubator for many companies. Dr. Blass supported a special election for Mayor. Mike Osborn, 3712 Colebs Avenue, a Blue Collar steward, distributed packets covering questions and suggestions from some of the workers in the Utility department. He stressed it had been four years since employees got raises and Blue and White collar jobs are being cut each year. He questioned how five positions could be upgraded for a total of $31,209.63. Three of the positions were supervisory and the other two were being brought up to supervisory positions. Three years ago the Commission had denied the upgrading of one of the positions. The justification did not make sense because the additional duties are already in the job description. It would be a $7,172.15 raise for something that should have been done from the day the individual was hired. With the two positions reclassified as supervisory, the Utility Department would be 32% supervision compared to 20% ten years ago. The Blue and White collar workers in the Utility Department have to do more for less while supervision does less with more. Jim Williams, 4776 N. Classico Boulevard, Delray Beach, representing the Boynton Beach Chamber of Commerce, advised the rebranding efforts at the Chamber had begun. He asked permission to pass out a survey that was also available online, to get input on ideas for the Chamber going forward. It was founded in 1925 and he hoped it would continue into the future. Mayor Hay suggested the surveys be made available at the doors to the Chamber David Katz, 67 Midwood Lane, read from an August 30, 2011 letter to the Commission from the Interim City Manager. It related to the administrative investigation of Mr. Katz's lobbying registration. Mr. Katz referred to the definitions of factual and allegations and asserted the only thing supporting the determination was the infamous, "I believe letter" 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 from the suspended Mayor who is facing decades of imprisonment. Nothing has been proven to be true. Neither the Boynton Beach Police Department nor the State Attorney's office found anything to even interview Mr. Katz. He reiterated his request that the Interim City Manager admit she was pressured by the suspended Mayor to come to the false decision. No one else coming forward, Mayor Hay closed public auidience. 5. ADMINISTRATIVE A. Appoint Voting Delegate for Florida League of Cities Annual Conference, August 23 -25, 2012. Commissioner Holzman inquired if the Mayor planned on attending and he confirmed he would. Commissioner Holzman felt it made sense to appoint the Mayor as the City's voting member Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. Commissioner Holzman inquired if any other Commissioners would be attending. He would be attending to mingle, but not register. Vote The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Ross nominated Wendy Kelly to be a regular member of the Community Relations Board. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Hay moved to appoint David Katz as a regular member of the Planning and Development Board. Vice Mayor McCray seconded the motion. 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Commissioner Holzman asked if there was an outstanding fine owed to the City of Boynton Beach by Mr. Katz in regard to the lobbying registration. Attorney Cherof advised there was an outstanding fine. Mr. Katz's response to the finding has been verbalized by him. Commissioner Holzman was not in a position to appoint anyone to a board who has an outstanding fine for violating the City's lobbying ordinance. The decision was made and he felt Mr. Katz should play by the rules. Vice Mayor McCray pointed out Mr. Katz was serving on the Financial Advisory Board when the fine was assessed. The argument was redundant at this time. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). Motion Mayor Hay moved to appoint Ryan Wheeler as a regular member of the Planning and Development Board. Commissioner Holzman seconded the motion. Vote The motion passed 3 -1 (Vice Mayor McCray dissenting). C. District I Vacancy - Discussion of Letters of Interest Mayor Hay declared the five interested individuals would be recognized, public input would be heard and then discussion and vote by the Commission. Michael Bessell, Dr. Piotr Blass, Jack McVey, Cliff Montross and Jerry Taylor were identified. Steve Anton, 234 SE 2 Avenue, inquired how the Charter could be changed. He contended the individual who had gotten the second highest votes in the previous election should be appointed, if willing to serve. The process could be eliminated since the residents had already voted. Mayor Hay appreciated the suggestion but it would not affect the current situation. Mr. Anton stressed he was attempting to save $30,000. Don Scantlan, 13 Cedar Circle, did not support any one candidate but thought either of the top two candidates pointed out two weeks ago would make fine Commissioners. There is not necessarily a wrong choice, but it would be wrong to conclude the meeting without filling the vacant seat on the Commission. If the four Commissioners cannot fulfill their obligation to fill the seat and an election is required, it would be a failure of all four elected officials. Ron Washam, 127 South Atlantic Drive West, repeated the burden of leadership falls on the Commission and why the residents voted for the officials. Bickering and playing political football was not the goal. Good leadership was available. It is now a character 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 issue of what the citizens think about the process. Mr. Washam reiterated his support of Jerry Taylor to fill the interim position. Mr. Taylor has extensive experience in government and brings credibility and honor to the City as he has in the past. He asked the Commission to appoint former Mayor and honored citizen, Jerry Taylor, to fill the vacancy in Commission District 1. It is a character issue that should be resolved. Brian Edwards, 629 NE 9 Avenue, supported Jerry Taylor and thought it was commendable for anyone to volunteer to fill the vacancy and commendable to serve on the Commission. It would be to the credit of the Commission that Jerry Taylor serve the City of Boynton Beach. No other candidate could fill the position during the positive branding experience and difficult time for the City. Mr. Taylor has the credentials to fill the position and compliment the Commission and the City to move forward to the next election. Dr. Piotr Blass, 113 West Tara Lakes Drive, suggested the City move forward and become an academic center with a university that would solve the financial woes of the City. He held a PhD from Michigan and a Masters from Harvard. He is a combat veteran from the Israeli Army. He has strong character. He would be an incredible Commissioner and would push for a university type building and would assist the Heart of Boynton. Any salary he would be paid would be donated to the City. Dr. Blass supported a special election and noted Commissioner Orlove ran unopposed and there had not been an election in the District for a long time for the people to speak. He emphasized $30,000 was not a big price to pay for democracy. Phil Turano, 4789 Dolphin Drive, Lake Worth, supported Jack McVey and noted his dedication to the East Boynton Beach Little League. He spoke about Mr. McVey's integrity and dedication to the City. Mr. McVey worked on the fields regularly and spent endless hours at the facility. Mr. Turano had not seen that depth of dedication in a very long time for any cause. No one else coming forward, Mayor Hay closed public comment. Mayor Hay reminded the Commission this would be the second attempt to fill the position. As the Charter is written, if an agreement is not reached, a special election would cost the taxpayers approximately $25,000. He felt there was a judicial responsibility and more in depth discussion should be considered. There is an obligation to the City and its residents to resolve the situation. Mayor Hay recalled he had previously voted for Jerry Taylor because he brings to the table the kind of experience needed. He recalled some Commissioners had been willing to make Mr. Taylor the Interim Mayor and now were against his appointment. He questioned what had happened in the past six months to not be qualified to serve as a Commissioner. Mayor Hay wanted to understand that position and questioned if other hidden agendas were in play. He stressed the residents should be heard. The greater good of the City had to be considered and decisions made. The current perception of 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 the Commission is not good and Mayor Hay hoped personal feelings could be set aside and vote for the greater good of the community. Vice Mayor McCray corrected the price of a special election would be closer to $30,000. With the Presidential election, a special election in Boynton Beach could not be held until December that would only allow about three months of a term. By then, any candidates for the March election would have declared their candidacy. If a decision was not made the City would be held hostage and be the laughing stock of the entire State. Vice Mayor McCray thanked Mr. McVey for his email. If the cost of the election is $30,000 and the salary for the newly appointed Commissioner would be $7,000 there remains $23,000 in the General Fund for the City. He had previously nominated former Mayor Jerry Taylor and continued to support him as being more than qualified and the best candidate for the position to help the City until the March election. Commissioner Holzman asked about the possible date for a special election. Ms. LaVerriere responded the Supervisor of Election had been contacted and advised the earliest date would be mid to late December. Commissioner Holzman surmised, at the most the person elected would sit for only four meetings. His review of the Charter was that a date certain to have a special election was not clearly defined. If there was no agreement, the Commission could decide not to have a special election and move forward. The people could then speak in March as several citizens had suggested. Commissioner Holzman felt Commissioner Orlove had been anointed as the representative for his district. In his view, it would be wrong to anoint another Commissioner without hearing from the residents of the district. He stressed the term would be for only four meetings and the vacancy would not disturb the business of the City or hinder the City's progress. The current Commission has been functional and could continue until March when the residents can elect whoever they please. He appreciated all those who had submitted their names, but was not in a position to anoint another person to sit for that district. Mayor Hay agreed with the use of the word anoint because the citizens of the district elected Jerry Taylor twice to be Mayor longer than anyone on the Commission. The people of the district certainly feel he is qualified. Mayor Hay contended there have been deadlocks on voting and the City needs to move ahead. He hoped the Commission could set aside its feelings and make a decision. The earliest the election could be held is in December. They would only serve for a couple months. Mayor Hay contended someone needed to be selected to give the Commission the power it needs to make decisions. If it is thrown back on the people to make the decision the Charter envisioned the Commission should make, then why is the Commission needed at all. The people have spoken and selected the officials to represent them and make these decisions. Commissioner Ross clarified Commissioner Orlove was referred to as being anointed because he ran unopposed and was not technically elected. She felt it was time to let 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 the people speak. The current four members were doing a good enough job since the anointed one had departed. The one applicant was correct that $25,000 was not much to spend for true democracy. The City needs to let the people speak. Commissioner Ross noted the citizen involvement was not at an acceptable level. This would be an opportunity for the citizens to become engaged at a critical time for the City. It was time to take the matter to the voters. Mayor Hay remarked it was strange Commissioner Ross and Commissioner Holzman consistently had the same answers. Commissioner Ross disagreed. Mayor Hay indicated taxpayer money was a big concern on other issues and now the $30,000 is insignificant. He was confused with their logic. He hoped the voting now would be remembered in March. Mayor Hay recalled "this man" had helped Commissioner Ross get elected and helped with her re- election. Now, for whatever reason, that remains unknown, support for him has been withdrawn. Mayor Hay felt the public was due an explanation because the Commissioners had a responsibility to justify their position and explain their votes. Commissioners Holzman and Ross joined in that they had just made an explanation. Mayor Hay informed the Commission, if the candidates run in a special election, former Mayor Taylor would win. Commissioner Ross welcomed an election and hoped all the candidates run. Mayor Hay stressed it was a waste of money and he did not want to hear the argument on taxpayer's money again. Commissioner Ross countered that Mayor Hay was being very unprofessional. Commissioner Holzman suggested Mayor Hay had not heard or did not understand that he supported no special election. The Charter does not force the City to go to a special election. Given the fact there will only be four meetings left, the process would be frustrated and waiting for the March election would be best. He was not talking about spending taxpayer money. He felt he had every right, as the Commission did, to go that route and would not cost more money. If a special election was required he agreed with the comment made by the citizen as well as Commissioner Ross that $25,000 to $30,000 was a small price to pay for democracy. Vice Mayor McCray had run unopposed at one time and did not feel he had been anointed, rather he had done a great job because no one had run against him. With the current budget crisis $30,000 was significant. He wanted to know what would be done from this point forward until the election is held. The bickering needs to stop. In his view Jerry Taylor was the best choice for the vacancy. There is too much deadlock and the citizens are watching the bad behavior. The elected officials are representing the citizens to make the decisions. We all have different opinions as humans, but the right decision needs to be made. Commissioner Ross repeated her contention that a special election should be considered. She questioned if an appeal to the Supervisor of Elections could persuade 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 her for an earlier date. She preferred the four members continue for as long as necessary and were actually doing better in many ways. She had no concern with the status quo continuing. Mayor Hay could not understand the statement when deadlocks were common practice. Commissioner Holzman noted deadlocks were just a means to say no. Mayor Hay vehemently argued the election was not appropriate and the citizens should be outraged that the Commission is allowing this to happen with the leadership of the City. Utilizing $30,000 for a few months of service when an appointment could be made at no cost was alarming Commissioner Ross thought the citizens need to be more involved. Even the advisory boards indicate there is very little civic involvement. An election would be a great opportunity for the citizens to get involved with fresh perspectives serving the City. Let the citizens decide and it would be in the best interest of the City to continue with the four elected officials. She would not apologize or explain her viewpoint. Mayor Hay strongly disagreed. Mayor Hay called the name, Michael Francis Bessell. No nominations were made. Mayor Hay called the name, Dr. Piotr Blass No nominations were made. Mayor Hay called the name, Jack McVey. No nominations were made. Mayor Hay called the name, Jerry Taylor. Motion Vice Mayor McCray so moved. Mayor Hay passed the gavel and seconded the motion. Vote The vote was 2 -2 (Commissioners Holzman and Ross dissenting). Attorney Cherof advised the Charter provides after the two regular meetings and having not made an appointment to fill the vacancy, the City Commission shall call a special election for that purpose. Mayor Hay repeated the earliest the election could be held would be in December. It leaves the Commission no option. Commissioner Holzman felt there was an option not to hold a special election. By holding a special election in December would frustrate the purpose He could not imagine the purpose of the provision in the Charter was to have an individual sit for four to five meetings. The purpose was when the situation occurred with Mayor Rodriguez 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 and there was almost a full year left to his term. Other Charters in other cities specify the time periods remaining that would warrant an election or not. The City's charter is not specific enough. Other Charters could be used as a guide and it would be appropriate to not hold a special election and wait until March. By doing so, the public would be served its greatest good. He asked for a legal opinion on whether or not other cities have that provision and what they have done. It would also be an opportunity to change the Charter to delineate between different time frames and when an election should occur. Again Mayor Hay disagreed and felt the logic is a ploy to delay because Commissioner Holzman did not want to appoint anyone at this time. Mayor Hay conceded the special election should be held to get the seat filled as soon as possible to avoid deadlock votes. Attorney Cherof read the provision in the Charter as follows: "If a majority of said remaining members are unable to agree upon the selection of the Commissioner to fill said vacancy, after two regular meetings have been held, the City Commission shall call a special election for that purpose." Attorney Cherof advised the Commission needed to take action under the terms of the Charter provision to call an election. A vote was needed. Motion Commissioner Holzman moved that the Board not hold a special election and wait until March during the regularly scheduled election for that district and save the taxpayers the money for the special election. Commissioner Ross seconded the motion with discussion. Commissioner Ross wanted confirmation that the earliest date for the election would be in December. Janet Prainito, City Clerk, responded she had spoken with Susan Bucher, Supervisor of Election, and she said the earliest would be mid to late December based on what happens with the Presidential election. Commissioner Ross inquired if the date could be further delayed based on the national election. Ms. Prainito advised she had originally been given a date of January. Mayor Hay pointed out this was why the City has a Charter, yet others did not want to do as the Charter states. Vote The motion failed 2 -2 (Mayor Hay and Vice Mayor McCray dissenting). Vice Mayor McCray asked what the next step would be. Attorney Cherof advised there was nothing further If there is a deadlock there is no way for anyone to compel you to change your votes. It is not what is contemplated under the Charter. The Charter 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 expects the officials to reach a compromise on one of the five individuals that have been named to fill the balance of the term of Commissioner Orlove. The Charter also recognizes that an agreement may not be reached and calls for a special election. Mayor Hay surmised the issue could be brought back before the Commission at the next meeting. The Charter does not say it cannot be returned for further voting. Attorney Cherof reiterated the Charter indicates after two meetings, if unable to reach an agreement, a special election shall be called. Beyond that, the interpretation of this Charter provision, which he did not feel needed interpretation, was clear A way to resolve the conflict has to be found. Commissioner Holzman interjected the Commission could resolve to move forward as before. There was a disagreement with a member of the audience that Attorney Cherof had not read the Charter correctly. Attorney Cherof wanted the individual to come forward and read the provision or have one of the Commission members read the section. After continued disagreement Attorney Cherof requested the Mayor call the individual out of order. Mayor Hay declared the resident was out of order. 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 ten (10) month period ended July 31, 2012. B. Accept the written report to the Commission for purchases over $10,000 for the month of July 2012. C. PROPOSED RESOLUTION NO. 12 -075 to: (a) Approve the piggyback of the Town of Jupiter's Contract with Roof Painting by Hartzell, Inc. (Hartzell), Bid JW 10 -26 with the same terms, conditions, specifications and pricing. (b) Approve the two Proposals by Hartzell based on this Contract to provide painting maintenance for two (2) softening basins (north clarifier and south clarifier) at the East Water Treatment Plant at a cost of $46,197.90 each for a total cost of $ 92,395.80. 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 D. PROPOSED RESOLUTION NO. R12 -076 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with South River Development, LLC for the property at 1145 Highland Rd, Lantana, FL. Vice Mayor McCray asked staff if everything was in place for hook up and Kofi Boateng, Director of Utilities advised it was ready. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R12 -077 - Approve and authorize execution of an Interlocal Agreement between the City of Boynton Beach and Palm Beach County that facilitates the use of the Homeless Resource Center located in the City of West Palm Beach for referrals of homeless individuals in need of services. Vice Mayor McCray wanted staff to explain the intent of the agreement since several benches had been removed. Ms. LaVerriere advised all cities had been asked to participate to provide a Resource Center for the homeless and the assistance needed. A Center has been built and is open and operating. They were asking the City to participate in bringing the homeless to the Center. Vice Mayor McCray asked if homeless individuals were taken to the station first or the shelter. Chief Immler advised the homeless were usually taken to the shelter unless there is a warrant or arrest pending. Vice Mayor McCray was concerned with the perception of Boynton Beach being inconsiderate of the homeless. Moving benches just required new locations being found. He suggested the police not wait to find shelter for the homeless until arrest is possible. Chief Immler explained only those individuals who want to go to the shelter are transported. They cannot be forced to go to the shelter. Ms. LaVerriere noted many with mental illness do not want to go to the shelter. Vice Mayor McCray specifically asked if the individuals sitting on the benches on Ocean Avenue were offered a ride to the homeless shelter. Chief Immler indicated not all of the individuals were homeless; they simply sit on the benches. Chief Immler was unable to identify the individuals specifically involved with the benches. Motion Vice Mayor McCray moved for approval. Commissioner Holzman seconded the motion. 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Commissioner Ross asked staff for clarification if the Homeless Resource Center was part of the Homeless Coalition of Palm Beach County. Chief Immler was aware the Homeless Coalition was one of the forces behind establishing the Resource Center. It is run by the County. Commissioner Ross was glad the issue was being addressed and the focus was to help the homeless. It should be a priority rather than incarceration. Vote The motion passed unanimously. F. PROPOSED RESOLUTION NO. R12 -078 - Approve amendment of Resolution 12 -063 (copy attached), increasing the City's local match for the Governor's Qualified Target Industry (QTI) Tax Refund Program for Project Cast by $9,600 from $22,400 to $32,000. G. PROPOSED RESOLUTION NO. R12 -079 - Approve "piggy- backing" United States Coast Guard Basic Ordering Agreement (BOA) HSCB84 -09 -A- 100113 contract with Clean Harbors Environmental Services, Inc. for emergency response support. H. PROPOSED RESOLUTION NO. R12 -080 - Approve the Confidentiality and Hold Harmless Agreement with Project Cast I. Approve the minutes from the regular City Commission meeting held on August 7, 2012 Mayor Hay advised there was an error on page 7 that, "Mayor Taylor called for the name, Jerry Taylor" and asked it be corrected to Mayor Hay called for the name, Jerry Taylor. Motion Mayor Hay moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. J. Accept the resignation of David Katz, a regular member of the Financial Advisory Committee K. Accept the resignation of Evelyn DuPlecy, a regular member of the Community Relations Board 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 L. Accept the resignation of Armisha Roberts, a student member of the Education and Youth Advisory Board Commissioner Ross commented she had pulled Items J, K and L to discuss the issue of the advisory boards. It has become harder and harder to get individuals to sit on the boards and yet the City has an active Chamber of Commerce and many homeowner boards and associations. She believed a concerted effort should be made to reach out to the boards consistently to fill the vacancies. She felt strongly it should be taken to the next level and designate staff to make it a priority task. Commissioner Ross felt more people would commit themselves to being dedicated to the City if the next level of commitment was required by staff. Perhaps interns could be used or the expanded volunteer program participants to help the City get to the level of civic involvement that it should be. Commissioner Holzman added a quarterly report should be sent out advising all the stakeholders of the need and explaining the advisory boards. Commissioner Ross stressed it was a very serious matter. Many of the homeowner associations have newsletters that are sent to the residents and staff could coordinate to get the information to the residents for more participation. Ms. LaVerriere absolutely agreed an outreach program would be beneficial. It does take time, staff and money. Unfortunately with the loss of staff the opportunities are limited. She wanted to compile a program that outlines specifically the requirements of staff and time and money. It would be time intensive and expensive. Communications have declined rather than improved because of the difficulty of staff time and resources. Commissioner Ross agreed it would require consistent work. Ms. LaVerriere indicated the volunteer program was being developed. There are no people waiting in line to volunteer She wanted to make it clear what is required to develop a program. Mayor Hay agreed with the direction outlined by Ms. LaVerriere. He agreed there was a need to be creative and innovative to search out individuals. Commissioner Holzman suggested a starting point may be a quarterly letter to the homeowner associations to keep them informed of the openings and opportunities. A proposal of staff could be done simultaneously for a more expansive program. Mayor Hay wanted the letter to be representative. He suggested staff look at the situation and bring back to the Commission the available options. Nick Scarecki, Nautica Homeowners Association Board President, expressed concern with the reduction of the work week, the employees should not be asked to do even more. He noted Commissioner Ross had never attended any of the homeowner meetings in his community. Commissioner Ross countered she had met with him, he 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 was out of line and not speaking to the issue at hand. She was offended she had acknowledged him and he verbally attacked her. Mayor Hay declared the dialogue was over and asked Mr. Scarecki to sit down. Commissioner Ross suggested the project be broken down into manageable parts to help staff. An elaborate detailed program would be too time consuming. Small steps could be taken to involve the citizens such as homeowner association board leaders who care and want to help. Motion Vice Mayor McCray moved to accept the resignation of David Katz a regular member of the Financial Advisory Board. Mayor Hay passed the gavel and seconded the motion. Vote The motion passed unanimously. Mayor Hay pointed out with Mr. Katz's resignation the board had only three members and could not hold a meeting for lack of a quorum. Commissioner Holzman felt it should be brought back at the next meeting if any applications are received and if not, maybe disband the board until more interest is generated. Mayor Hay agreed it could be brought back at the next meeting for further review. Motion Vice Mayor McCray moved to approve the resignation of Evelyn DuPlecy from the Community Relations Board. Commissioner Holzman seconded the motion Vote The motion passed unanimously. Motion Commissioner Ross moved to accept the resignation of Armisha Roberts. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 A. PROPOSED RESOLUTION NO. R12 -081 - Approve and authorize execution of a Contract for a bid award to The BG Group LLC of Boca Raton, FL; Bid No. 051 - 2510 -12 /JMA, in the amount of $49,873. In addition, approve a 10% contingency of $4,987 for a total project amount of $54,860 for the Demolition of the Boardwalk and Landings for the Stormwater Regional Facility Basin #1 Motion Commissioner Holzman moved to approve for discussion. Vice Mayor McCray seconded the motion. Ms. LaVerriere explained items A, B and C were all related and one project. Jeff Livergood, Director of Public Works and Engineering, advised the items were three components for a project on the Mangrove Walk boardwalk area. In March the design scenarios were discussed and how to maintain the structures. The existing timber was deteriorating and must be replaced. The lighting fixtures are deplorable. Money was used to create a design to give concepts and ideas leaving $280,000 for repairs. The bid documents revealed the pricing would not come in for $280,000. By splitting the project, the City would serve as the General Contractor and hire sub - contractors to do the work The City would manage the demolition as one contract, Resolution 12 -081, manage the electrical work, Resolution 12 -082 and manage the larger portion of the project, Resolution 12 -083. The last project would replace the existing decking and utilize aluminum rails for a longer life. The intention was to remove the existing lighting fixtures, have staff refurbish them and provide the fixtures to the contractors for installation. Electrical boxes and outlets would be installed at the center overlook area as a location for special events. The north overlook would be eliminated and the pilings would remain for an art aspect. Commissioner Holzman asked about the lighting and Mr. Livergood noted the poles are cast aluminum and would have a long life. The staff was being challenged to be creative with the refurbishing of the fixtures. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R12 -082 - Approve and authorize execution of a Contract for a bid award with T.J. Bowles Electric Co., Inc. of Boynton Beach, Florida; Bid No. 052 - 2510 -12 /JMA, in the amount of $11,600 for the "Removal and Installation for the Lighting and Electric for the Boardwalk and Landings Project at the Regional Facility Basin #1 ". In addition, approve a 10% contingency of $1,160 for a total approved amount of $12,760. 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -083 - Approve and authorize execution of a Contract for a bid award with Bayshore Construction, Inc. of Sarasota, Florida; Bid No. 055 - 2510- 12 /JMA, in the amount of $193,185. In addition, approve a 10% contingency of $19,318.50 for a total approved project amount of $212,503.50 for the Refurbishment of the Boardwalk and Landings for the Regional Basin Facility #1 Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. D. (1) Approve the piggyback of Florida State Term Contract (STC) 250 - 000 -09 -1 for "IT Hardware - Network Infrastructure Equipment and Services" awarded to Avaya and (2) Accept the proposal from Ronco Communications & Electronics, Inc., an authorized reseller for Avaya equipment and installation services in the amount of $199,474.98. Commissioner Holzman understood the Ronco Communications was the piggyback for the first contract. John McNally, ITS Manager, advised the piggyback was through the Florida State contract. Ronco provides the prices for Avaya, the manufacturer of the equipment. Motion Commissioner Holzman moved to approve the piggyback of Florida State Term Contract 250 - 000 -09 -1 as well as accepting the proposal from Ronco Communications. Commissioner Ross seconded the motion. Commissioner Ross wanted more elaboration on the impact of the contracts for the ITS Department. Mr. McNally responded the network equipment is over 10 years old. It is beginning to experience some performance issues, component failure and to keep the equipment running it needs to be refreshed every few years. The aging equipment 18 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 needs to be replaced proactively at the end of its life. It is no longer supported by the manufacturer. If the refresh is not done, it could leave staff without the ability to do their jobs. It would have an internal impact to replace equipment off hours. Mayor Hay inquired if it would aid in acquiring updated software that cannot be run on the current equipment. Mr. McNally explained those requests would come later with a bigger price tag. Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R12 -084 - Approve the award and execution of a Contract to Mathews Consulting, Inc. of West Palm Beach, FL as the highest ranked firm identified by the Evaluation Committee from the responses received to the Request for Proposals (RFP) #056 - 2821- 12 /DJL "CONSTRUCTION MANAGEMENT SERVICES ", with a not -to- exceed fee of $732,809. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Mr. Boateng explained it was a request to bring on board an engineering firm to manage the construction of two neighborhood projects and a major lift station project at Pence Park. The other is a Seacrest project and Lake Boynton Estates project. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A ") in case #10 -2994 filed April 16, 2012 to reduce the fines in this case from $44,284.12 to $5,634.12. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion for discussion. Diane Springer, Code Compliance Coordinator, reported the Code Board had reduced the fine and a letter was received from the respondent requesting an appeal. 19 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Commissioner Holzman asked for staffs view. Ms. Springer advised it was in line with other actions of the Code Board. All the costs would be covered with the reduced fine Justin Bell, with Lendalk Properties, 101 Benoist Farms Road, West Pam Beach, had attended the previous hearing before the Board and felt the Board tried to deduct from the sale price what the proper amount should be. The intent of the Code is to ensure compliance and the amount should be equitable to the violation. The violations had occurred before Lendalk Properties had owned property. It had been purchased at the foreclosure auction and the property was acquired with the problems. The violations were immediately brought to Code. Additionally the roof had to be replaced and other repairs. It was sold in May. Mr. Bell felt it was a lot of money for mowing, trimming and debris removal especially in light of all the improvements made. He asked the fine be reduced to $2,500. There was nothing on the official record and a search is not cost effective on each property before purchase under these circumstances. Ms. Springer advised the violations occurred before the purchase and had been brought up to Code. The lien was against the bank and included failure to register the property. The property was out of compliance for 291 days. Commissioner Holzman noted the improvement made the community better and the $2,500 would cover the costs so lowering the fine would be appropriate. An additional $2,500 would not be any type of gain. It would encourage developers to clean up the properties and invest in the area. Motion Commissioner Holzman offered an amended motion to lower the lien to $2,500. Mayor Hay declared the motion failed for lack of a second. Vote The original motion passed 3 -1 (Commissioner Holzman dissenting). B. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A ") in case #11 -168 filed May 21, 2012 to reduce the fines in this case from $35,934.12 to $6,000.00 Ms. Springer noted the respondent could not be present and asked the matter be tabled. Although the owner was in compliance at the time of lien reduction, a 2012 business tax receipt had not been obtained. There is a renter in the property. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. 20 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Vote The motion passed unanimously. 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. Approve conditional use request to allow a cigar bar in a Mixed Use (MU) Pod of a Planned Industrial Development (PID). Applicant: Adam Koetje Attorney Cherof administered an oath to all those intending to testify. Eric Johnson, Planner, explained the request. The property is located in Quantum Park with an underlying land use of DRI (Development of Regional Impact) and a zoning of PID (Planned Industrial Development). There is also a Quantum Park MU (Mixed Use) land use option. A cigar bar, essentially a bar /nightclub, required conditional use approval when proposed in a Mixed Use. There is an existing building that was previously approved. The request is not in connection with any site plan. Staff reviewed the request and is recommending approval of the request for conditional use subject to meeting the conditions of approval. Adam Koetje, applicant, was present and agreed with the conditions of approval and would comply with all of staff's comments. The Planning and Development Board did request to restrict the hours of operation. If there is a need in the future to extend the hours an additional conditional use application could be submitted. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion with discussion. Commissioner Ross wanted clarification if this was a second request. Mr. Johnson advised it was a different application. It was the first application for this location. The Code recognizes cigar bar as the same thing as a bar and nightclub. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT 21 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R12 -085 - Consider new lease for reduction of current monthly rent amount for Glaston Sims d /b /a Alex Sims Barber Shop (Unit A) in City owned property located at 909 N. Seacrest Blvd., Boynton Beach, FL Carisse LeJeune, Interim Assistant City Manager, indicated the request was due to economic hardship. Guarn Sims, 3021 S. Seacrest Boulevard, son of Glaston Sims, spoke on his behalf. The business has survived many challenges over the past 55 years of existence. The request was the same as other businesses who asked for and received assistance, especially in the economic downturn. He asked the decision be made with fairness, consistency and compassion. Glaston Sims was 83 years old and had a sharp mind and was not ready to retire. He cannot survive though under the current lease. A reasonable reduction would not cause the City to lose any money. Mayor Hay pointed out Alex Sims has been a pillar in this community as had his wife, Carolyn Sims. He requested the Commission do something to offset the hardship on Alex Sims Mayor Hay noted there had been a decline in the business and many non - licensed shops have hurt his business. Commissioner Holzman appreciated Mr. Sims' service to the community. He wanted more information on the history of the property. Ms. LeJeune advised the property had transferred from Mr. Sims to the City in 2005. The Community Redevelopment Agency (CRA) paid Mr. Sims $233,000 for the property. Commissioner Holzman understood Mr. Sims had been operating at the property since that time with a lease for $1 per square foot a month. Ms. LeJeune noted originally Mr. Sims was paying $10 a month to the CRA. A new lease established at $710 a month was based on approximately $1 a square foot. The lease went into effect in 2009. Commissioner Holzman noted there was a connecting property and asked for clarification on the status of the additional space. Ms. LeJeune remarked the property has a single structure separated into two units. The other unit is occupied by Ruby's Hair Salon. She believed that the entire property and structure was part of the original sale to the CRA. Ruby's Hair Salon pays $535 a month and the history of the payments would have been handled by the CRA. 22 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Vivian Brooks, Executive Director of the CRA, advised when Mr. Sims had sold the property to the CRA he leased it back for $10 a year and he was supposed to maintain it. No rent was collected from Ruby's Hair Salon. The CRA did paint the building. In 2009 the rent was restructured to be more market rate and it was collected from each tenant at $1 a square foot. The CRA maintained the outside and the tenants maintained the inside. Commissioner Holzman opined in a normal situation $15 a square foot would be more appropriate. He was not sure what more could be done if the City is paying the taxes and maintaining the outside at this point. Ms. LeJeune noted the City maintains the outside of the building, electrical repairs, replaced windows and is responsible for paying the property taxes because a commercial entity is operating in the building. Mayor Hay stressed it was a special case considering the individual and their contribution to the City. He suggested the rent be reduced and Mr. Sims cover more of the maintenance. Vice Mayor McCray asked Mr. Sims what a reasonable amount would be. Mr. Guarn Sims indicated his father could not survive at the location at the current amount. Any reduction would help him survive. The hope was for at least a 50% reduction. Vice Mayor McCray commented any change should apply to Ruby's Hair Salon also. In Vice Mayor McCray's experience, the fact Mr. Sims has survived this long is admirable. He hated to see the building boarded up. The service is more than hair cuts and includes advice from the ages. He suggested the rate be reduced 75% to $.25 per square foot. Commissioner Holzman suggested reducing the rate to $.75 a square foot. Commissioner Ross noted a precedent had been set with the Sailfish Cafe's reduction by 50% for three years. The amount would be $355 a month at 50% reduction and for Ruby's Hair Salon. The maintenance is approximately $2,000 a year and the property taxes. Mayor Hay suggested Mr. Sims do the maintenance and reduce the rent by 50 %. Commissioner Holzman indicated the proposed lease requires Mr. Sims pay the taxes. Attorney Cherof advised the new lease only reduces the rent. Mr. Sims would pay to the landlord a proportionate share of the real estate taxes based upon the ratio of square footage of the leased premises to the total square footage of the property. Mr. Livergood reported it is an older building and within a number of years the roof will fail as well as other costly maintenance repairs in the near future. There should be a clause to revisit the lease if a certain threshold of maintenance expenses is reached. Mr. Guarn Sims clarified there would be a 50% reduction in the rent and pay a portion of the taxes. Motion 23 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Vice Mayor McCray suggested reducing the rent by 50% and pay half of the taxes and let the City continue with the maintenance and then revisit the issue if the maintenance is extensive or in one year. Mr. Guam Sims thought the proposal was reasonable. Ms. LaVerriere asked if the proposal applied to the second tenant and the Commission agreed it would. Motion Commissioner Ross so moved. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. B. Discuss and authorize travel to Florida League of Cities Annual Conference to be held in Hollywood, Florida from August 23 -25, 2012 Mayor Hay advised the expense would be the registration fee and he would commute. There was consensus the cost would be covered. 13. LEGAL A. PROPOSED ORDINANCE NO 12 -014 - FIRST READING - Approve amendments to the Land Development Regulations pursuant to Section 509.233 Florida Statutes, to allow for the exemption from that portion of State Law and the U.S. Food and Drug Administration's Food Code that prohibit dogs on the premises of a food establishment, and to establish a permit system and operational rules. Applicant: City Initiated. Attorney Cherof read Proposed Ordinance No. 12 -014 by title only on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the role. The vote was 4 -0. B. Discussion regarding scope and timing of Charter amendments 24 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Ms. LaVerriere recalled there had been discussion when the Charter Review Committee offered their report. There were conclusions on a couple issues. The language would then be put in an ordinance to be brought to the Commission for approval and then on to a referendum vote. The March ballot was the proposed venue. Commissioner Ross asked if the referendum could be on the November election and Attorney Cherof advised it was too late to submit the language for the ballot. Attorney Cherof wanted confirmation the three sections; 17, 49 and 55 are the sections that are going to move forward and if there are other provisions of the Charter that should be considered by the voters. He suggested the provision regarding filling vacancies might be included. Commissioner Holzman asked for direction on other charters that provide more direction on filling vacancies. Attorney Cherof advised the parameters were in every shape and size. Some charters make no provision for a special election and some deal with avoiding a special election. Others have time periods outlined. Commissioner Holzman surmised approximately six months was needed to prepare for an election. Attorney Cherof indicated a State statute requires the Supervisor of Election to agree to and set the date for a special election. Commissioner Holzman suggested a "less than "` time period of six months be stated when no special election be held in any situation. Mayor Hay did not agree. Commissioner Ross wanted to see examples. She also contended the change of the run -off rule to 50% plus one could likely result in runoff elections on a regular basis. The concern has been the cost of one special election. Motion Commissioner Holzman moved to remove section 17 language from any sort of Charter amendment. Mayor Hay did not agree since the cost of an election was not a concern for the current vacancy. Vice Mayor McCray was not in favor of the proposed change. Vice Mayor McCray seconded the motion. Vote The motion passed 3 -1 (Mayor Hay dissenting). 25 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 Commissioner Ross proposed the term limits be changed to three, three -year terms. The City needs consistency. The change would not affect those running for election in the March election and be contingent on the outcome of the referendum vote on the same ballot. Motion Commissioner Holzman moved to change the Charter to three, three year term limits. Commissioner Ross seconded the motion. Mayor Hay opened the issue for public comment. Brian Edwards, 629 NE 9 Avenue, apologized to the City Attorney for being out of order. He had served on the Charter Review Committee and the members put a lot of thought into the changes, especially the term limits. In light of the comments on advisory board participation, there should have been discussions on why the recommendations were submitted by the Committee. Obviously the suggestions did not matter and the Committee was not necessary because the decisions are being made by the Commission. It bothered Mr. Edwards that the guidance and recommendations of the committee were not given more consideration. Ron Washam, 127 South Atlantic Drive West, was concerned some of the changes could be perceived as self - serving unless a time stamp is included that the current Commission members would not be affected. Hasty changes are being proposed and they are against the Charter Review Committee recommendations. He did not disagree with the policy, but thought it should be effective after the current board is done. Commissioner Holzman stressed the Commission was not making any decision. The decision would be made by the citizens. The option was being placed on the ballot for their decision. Attorney Cherof clarified the run -off election language would not be included. There would be a new provision with respect to term limits and the timetable for the study relating to redistricting to coincide with the census. There are some grammatical issues as well. It would all be brought back before the Commission on at least two more occasions and could be a third public hearing held if desired. C. Closed -door session announcement. Attorney Cherof announced the closed -door session was needed to discuss the law suit, City of Boynton Beach versus Villa Lago. It is an issue regarding the collection of unpaid utility fees associated with Villa Lago. The Commission had directed resolution by negotiation if possible. Attorney Cherof wanted to report the result of those negotiations in a closed -door session and get guidance on the strategy for settlement. 26 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 14. FUTURE AGENDA ITEMS A. 1st Budget Adoption Public Hearing - Tuesday, September 4, 2012 @ 6:30 p m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. B. Final Adoption Public Hearing - Fire Assessment Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. C. 2nd Budget Adoption Public Hearing - Tuesday, September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. D. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD Ms. LaVerriere announced September 4 is the first budget public hearing. The public hearing on the Fire Assessment final rate resolution would be at a special meeting on Thursday, September 13, 2012, at 6:30 p.m. The 2 and final budget public hearing and adoption would be on September 18 at 6:30 p.m. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the brand promise statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:13 p.m. (Continued on next page.) 27 Meeting Minutes Regular City Commission Boynton Beach, FL August 21, 2012 CITY OF BOYNTON BEACH Woodrow - Mack McCray, Vice :ai Com sio - ■1111a - - . Iz Commi . er ATTEST: Marlene Ross, Commissioner PtC;A Jan t M. Prainito, MMC C Clerk d. Pyle, C Deputy City Cler 28 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development raz Building Engineering Occ.License Deputy City Clerk PROJECT NAME Smoke Inn Casa de Montecristo (COUS 12 -004) APPLICANT'S AGENT Adam Koetje APPLICANT'S ADDRESS 801 Village Boulevard, Suite 305 West Palm Beach, FL 33408 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION. August 21, 2012 TYPE OF RELIEF SOUGHT: Request Conditional Use approval to allow a cigar bar on a parcel zoned PID Planned Industrial Development LOCATION OF PROPERTY 1030 Gateway Boulevard, approximately 650 west of High Ridge Road DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO. ✓ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2 The Applicant ✓HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7. Other DATED. 8 - a7-161 III • City Clerk S \ Planning \ SHARED \WP \ PROJECTS \Quantum Park & Village \Quantum Town Center5oat \Quantum Park & Village South (MSPM 11- 003) \Smoke Inn (COUS 12 . X .. tt�� 0 do tt EXHIBIT "A" - SITE LOCATION MAP SMOKE INN COOS 12 -004 PID R1 AAA PID : • Af Lu PID r o) PI D { §ri •1 450 225 0 450 900 1,350 1800 et e EXHIBIT "B" , - ' \\\ , . / r„. \ \ I % ,. , i ;. / -7, I ;', . 1 i ■Tio . ', 7 .---- r .„-„, I • U C (t=1) I f - \-----/ 4 g .1. kilf , j . , .A.' / C ' 1 1 / .., p, i citz4IPAr_o 0 4 I i _ i :.-: - --- .' LA * if Z m 4. / EXHIBIT "B" 1 1 i 2 i I . . . . i . , .1 1. It ii= 1 1 I i FEE= . z.F. 4; = S • . . ; g t i A i o 1 , 1,1 ; . 1 , $ i l ' 1,-, [ .---.. 1 , 1 41,1*-• LA /M , - 0 , ' I if if 13 , t`*. i • t i • F l Ags. mak , ' - - iivii..•-•• --- - EXHIBIT "C" CONDITIONS OF APPROVAL Conditional Use Project Name: Smoke Inn Casa de Montecristo File number: COUS 12 -004 Reference: N/A DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None. FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Staff recommends that a period of 18 months be allowed for the applicant to successfully obtain a Business Tax Receipt for the X establishment. 2. A live entertainment permit shall be required in lieu of a sound X analysis /study. Smoke Inn Casa de Montecnsto COA Page 2 of 2 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. The hours of operation shall be restricted to that which is indicated in the staff report (Sunday through Wednesday — 10am to 9pm; Thursday X through Saturday — 10 am to midnight). CITY COMMISSION CONDITIONS Comments: To be determined. S \Planning \SHARED \WP \PROJECTS \Quantum Park & Village \Quantum Town Center South \Quantum Park & Village South (MSPM 11- 003) \Smoke Inn (COUS 12- 004) \COA wtih P &D doc