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Minutes 10-02-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 2, 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 Mayor Hay Mayor Hay called the meeting to order at 6:30 p.m. and welcomed those present. The Invocation was given by Vice Mayor McCray followed by the Pledge of Allegiance to the Flag led by Mayor Hay. D Brand Promise Statement The branding statement was read: "It is time to look at Boynton Beach. Boynton Beach serves up waterfront dining, abundant shopping and lively entertainment." E. Agenda Approval: 1 Additions, Deletions, Corrections Commissioner Holzman pulled Item 6.A for discussion. Commissioner Ross pulled Item 6.1 for discussion, in addition to 6.A 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Mayor Hay made a statement and emphasized he was speaking as the Mayor and they were his words. It related to the article in the newspaper. "For more than a year City leaders and staff have worked tirelessly on a branding initiative to improve the City's image. During this period of time, we have continually been faced with challenges that have marred our efforts. With that being said, we will now work even harder to spread our message that Boynton Beach is a great City in which to live, to work and to play. Today's news article once again scarred our City. This is unfair to the residents and all of us who continue to work so hard to make this a better community. As elected officials, we are held to an even higher standard of behavior and when standards are compromised we must question the ability of the individual to be effective as a leader. Our City deserves more better. I would hope that any elected official would do the right thing for this great City and the citizens of Boynton Beach. Thank you." Commissioner Ross thanked the Mayor for the floor. "As many of you know I was recently approached by the State Attorney's Office because they uncovered a local group had been trying to harass and threaten me, even possibly with good reason for the State Attorney's office to believe that I was being extorted. Basically, that they were very concerned that I had been the victim of a very serious crime and they were very concerned for my safety. And that this was happening specifically in exchange for my vote for Jerry Taylor to be a Commissioner. I want to thank all my constituents and my friends for all of their support as we go through this challenge. The support has been overwhelming and I am very grateful and cannot thank each one of you for all of your love and support. I cannot thank each one of you nearly enough. Thank you so much. I also want to inform the citizens that today, Mr. Hay issued a press release in which he seems to suggest that I should resign over this matter. It is despicable that Mr. Hay has made these comments. As a woman and as a victim of a crime, it is mind boggling to me that this man is supposed to be a minister in our community, a man of God, a man who thanks Jesus Christ, the Son of God, up here on this dais regularly. 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Some believe that Mr. Hay may himself have been part of this extortion attempt. After all he did pressure me publicly to vote for Mr. Taylor because, as he stated, Mr. Taylor has supposedly helped me so much Well we all know that Mr. Hay is very good friends with Mr. Jerry Taylor and Jerry Taylor and he, according to the rumblings in the community, he is Mr. Taylor's puppet up here on the dais. In fact if you look out in the audience you will see Mr. Taylor, week after week, sitting there with Mr. Hay's wife. Everyone knows that Jerry Taylor has been seen around town with Lisa Bright, who Lisa Bright who is suing the CRA. Yet, Taylor wants to be appointed Commissioner and to put our City at risk yet again. Mr Hay, your request is so out of line that I think you should be the one to resign. The fact that you have had the audacity to vote for yourself to be the Mayor of this City is ridiculous and since you have been our Mayor this City is going straight backwards. You, yourself said it is on the brink of a disaster. You said it up here and I asked you and you repeated it. And as the Mayor you should take responsibility. So do us all a favor and why don't you resign." Commissioner Holzman, on a lighter note, announced on October 4 he would be participating in Read for the Record, as well as the Mayor. He urged everyone to support the great effort to promote literacy within the United States. He was excited about the opportunity to read to the children of the community. Vice Mayor McCray remarked more than enough had been said from the dais and he had no comments. except to move on. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Recommend declaring a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Mayor Hay gave a synopsis of the proclamation recognizing October as National Arts and Humanities month. Barbara Ready was present to receive the Proclamation and encouraged everyone to view the new kinetic art form along Ocean Avenue as well in the lobby at City Hall. She announced in February 2013 the City would be hosting the National Kinetic Art Exhibit and Symposium Ms. Ready thanked the Commission for supporting the arts. B First City Commission Meeting in November will be rescheduled to Wednesday, November 7th due to the National Election on November 6th The announcement was made the November 6 Commission meeting would be rescheduled to Wednesday, November 7 due to the national election on November 6th 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Commissioner Ross mentioned she would be absent on October 16 and there were two issues that she wanted to address. One was the Inspector General funding and the other was the Palm Beach County lobbying ordinance. Attorney Cherof advised Commissioner Ross had essentially made a motion to reschedule the items mentioned to a date certain to be determined. With the Commission's consent the items could be rescheduled. Commissioner Ross advised she had spoken with the Interim City Manager and agreed the Inspector General Interlocal Agreement could be done the first meeting in November. Ms. LaVerriere advised the Future Agenda item indicated the November 7 meeting The lobbyist registration ordinance would require two readings, if the City's current ordinance is rescinded. The first reading was scheduled for October 16 and the second reading would be November 7th Mayor Hay repeated the first meeting in November would be held on Wednesday, November 7th 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 Floering, 417 N.E. 6 Avenue, remarked on behalf of Christians he apologized to the Mayor for Commissioner Ross's statements. As a minister and as a politician the Mayor should not have been subjected to those types of comments. Mr. Floering noted there remained a vacancy for Commissioner in District 1 based on the City Attorney's advice that the word "shall" can be interpreted. He noted in the Ten Commandments the word "shall" is not open to interpretation. The Charter used the word "shall" and if the Commission did not follow the direction of the Charter, Mr. Floering indicated he would file another lawsuit against the City to force the Commission to make an appointment. He would do it the day after the next meeting if necessary and he would get something done. Jerry Taylor, 1086 SW 26 Avenue, commented publicly that he was proud of the friendship he had with Mayor Hay and his wife. He commended Mayor Hay on the outstanding job he was doing as Mayor. David Katz, 67 Midwood Lane, suggested the definition of Pinocchio would include a picture of the Commissioner from District IV. He indicated he had never been called, contacted or asked to talk with the Public Integrity Unit of the State Attorney's office relating to the matters relayed by Commissioner Ross. He invited anyone to review all the emails that Commissioner Ross had sent him over the years complimenting him, 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 asking for his advice, wishing him a Happy Birthday and inviting him to dinner for his birthday were all very nice. Michael Fitzpatrick, 175 SW 2 Street, recalled from the last Commission meeting there had been mention of an award won by the City and included the Seabourn Cove development and its green initiatives. The Committee was chaired by Carisse LeJeune and Nancy Byrne and he had been a representative on the committee that had existed for several years. The initiative had to have the support of the City Commission for direction. Mr. Fitzpatrick thanked Commissioner Ross for being the environmental committee's strongest supporter over the years resulting in the award. David Dennis, 1314 S. Seacrest Boulevard, representing Boynton United voiced his support for a neighborhood resource center at the corner of MLK and Seacrest Boulevard. Shelia Camile, 8057 Tangelo Drive, from Boynton United, and expressed her opinion on needing a resource center in Boynton Beach on MLK Marie Roundtree, 216 SW 4 Avenue, also supported a resource center. Ray Whitely, 735 Palmdale Drive, reported he had visited the resource center in Delray Beach. It helped to change the culture of Delray Beach and Mr. Whitely concluded a similar center in Boynton Beach would be helpful. It was determined that it should be located at the corner of MLK Boulevard and Seacrest and host 50 social services on a rotating schedule monthly. He asked for the Commission's support. Ron Washam, 127 S. Atlantic Drive West, recollected he had taken immense pleasure as a junior high student to participate in Youth in Government Day and has since loved government, politics and debating issues. The content of the meeting had not been governing, not legislating and not supporting the citizens, rather City squabbling. Forgiveness was in order and civility needed to be brought back to government in the City of Boynton Beach. He urged the Commission to work for the citizens. Linda Stabile, 3811 Wall Street, Delray Beach, understood a person's personal life was no one else's business and it should not reflect on the professionalism of the Commissioner who has always voted rationally for the citizens. She suggested many great people have skeletons in their closet and others should not have the right to judge. What was really going on behind the scene remains an unsolved mystery Barbara Ready, 329 SW 13 Avenue, expressed her gratitude to the Commission for assuming the responsibility of governing and the hours devoted to the task. She did not feel anyone should resign and she supported the Commission and asked that they play nicely. No one else coming forward, Mayor Hay closed public audience. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 5. ADMINISTRATIVE A. Discuss cancellation of two Commission meetings due to holidays Mayor Hay indicated he would not be present for the November 20 meeting and January 1 was a holiday. He supported the cancellation of the two meetings. Commissioner Holzman inquired if there would be a quorum present for the November 20 meeting. Commissioner Ross indicated she would be present, Vice Mayor McCray advised he would be present and Commissioner Holzman confirmed his presence. Attorney Cherof indicated three would be a quorum Motion Commissioner Holzman moved to cancel the January 1, 2013 meeting, but keep the November 20, 2012 meeting. Vice Mayor McCray seconded the motion. Mayor Hay recalled it had been the practice that Thanksgiving time is family time and it had been honored in the past and he hoped the Commission would continue the procedure. Vote The vote was 2 -2 (Mayor Hay and Vice Mayor McCray dissenting). Commissioner Holzman suggested the Interim City Manager assess the situation and if there are any pressing matters to be heard on that date. Ms. LaVerriere advised staff had been made aware of the possibility the meeting could be cancelled and had scheduled accordingly. Commissioner Holzman contended there was a deadlock vote on that motion and the meetings remain as scheduled. Motion Commissioner Holzman moved to cancel the January 1, 2013 meeting. Commissioner Ross seconded the motion. Vote The motion passed unanimously Attorney Cherof advised the November 20 meeting would remain on the calendar. The next issue would be how many items on that agenda can be moved to another time so it is a short meeting. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Mayor Hay pointed out if only two Commissioners attend a quorum would not be obtained and Attorney Cherof concurred Vice Mayor McCray advised he would not be present either. Mayor Hay would also be absent Commissioner Holzman concluded if a quorum was not present, a meeting would not happen Commissioner Ross asked if another date in November should be considered to move it before the 20 Commissioner Holzman wanted to just move forward and see what happens. B. Consider request from Education Youth Advisory Board - Reconsideration of attendance requirements Commissioner Holzman did not want to change the attendance requirement. Mayor Hay allowed public input on the issue. Lori Wilkinson, 2458 SW Cranbrook Drive, a member of the Education and Youth Advisory Board for 13 years, explained the reason for the request. She was suggesting the change specific for the Education and Youth Board, but it could be broadened to include all boards Ms. Wilkinson explained the member who had been removed was Hattie Miller, a founding member of the Board She is elderly and had been hospitalized and missed more than three meetings. The Board was asking for reconsideration. She is now well and the Board was her passion. The ordinance indicates she cannot reapply for three years because she was removed for absences. It seemed unfair for an individual who has served for so long. The other Board member in question had missed a meeting because it was her 50 wedding anniversary. There are reasons that people miss the Board meetings and it is not apathy. The student members are now going to college and their vacancies have not been filled. The Board lacks a number of members and she requested the members be reinstated for extenuating circumstances. Commissioner Holzman noted Ms. Wilkinson's request was different than what was in the agenda item. The agenda item appears to relate to changes for all boards. If the request was strictly for Ms. Miller's circumstances, Commissioner Holzman thought that could be considered separately. Mayor Hay remarked the Boards have a lot of challenges and problems trying to get people on the Boards of the City. There are circumstances that warrant some of the absences. He wanted Attorney Cherof to draft language that would allow the Board or Chair to make that determination. He supported the concept and agreed with Commissioner Holzman that the Commission could reinstate Ms. Miller, but the situation would need to be addressed that may warrant a judgment call on an absence. 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Commissioner Holzman surmised the proper approach would be to consider the issue on a case -by -case basis. Attorney Cherof inquired if the intent to research and draft was associated with all boards or specifically the Education and Youth Advisory Board. Mayor Hay felt it should be structured for all boards. Ms. LaVerriere reminded the Commission that each advisory board was enacted by an ordinance and they would all require modification if it was embraced as an overall concept. It could be handled on a case -by -case basis. The change could be specific to the Education and Youth Advisory Board. Commissioner Holzman summarized the issue would be handled on a case -by -case basis, but as it relates to the Education and Youth Advisory Board the decision should be made by the Board rather than the Chair. Ms LaVerriere agreed to come back to the Commission with draft language. Motion Commissioner Holzman moved to reinstate the members. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Vice Mayor McCray appointed Jeffery Grady as a regular member of the Financial Advisory Committee. Commissioner Holzman 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 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 A. PROPOSED RESOLUTION NO. R12 -103 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach Commissioner Holzman sought more background information. Attorney Cherof explained there was a City Code provision that helps identify nuisance properties. The City maintains those properties using a contractor. The charges assessed by the contractor are then passed through to the property owner. The liens are recorded against the property and if sold or conveyed the lien should get paid. Commissioner Holzman asked how long non - compliance would prevail until the City took abatement action. City Clerk Prainito advised the liens take approximately three months to record. Ms. LaVerriere recalled once the property is cited there are ten days to correct, then written registered notice is required and if no action is taken, abatement is commenced Attorney Cherof estimated the time frame would be more than one month. Commissioner Holzman brought up the property by Forest Park Elementary School that had an open pool. Ms. LaVerriere reported there had been lengthy discussions with Legal and whether covering a pool would be viable. The owner on record was incorrect, but has now been contacted The home is in foreclosure The City was moving forward with the fence in the yard, but the pool is not going to be covered. There would be a fence to close off the pool area. Ms. LaVerriere noted the property continues to get damaged by vagrants and each time the process has to be restarted. It is due process. Commissioner Holzman wanted assurance the fence would be closed because it is across the street from the elementary school. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. B. Approve the sole source purchase of three (3) LIFEPAK 15 cardiac monitors /defibrillators and associated accessories from Physio Control, Inc. located in Redmond, WA, for a total expenditure of $72, 900. C PROPOSED RESOLUTION NO. R12 -104 - Authorize and direct execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ( "Sprint" or "Tenant ") to allow for four (4) additional five - year terms, thereby extending the lease agreement 20 years to June 4, 2046 for the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard). 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 D PROPOSED RESOLUTION NO. R12 -105 - Approve and authorize execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ( "Sprint" or "Tenant ") to allow four (4) additional five - year terms, thereby extending the lease agreement 20 years to October 29, 2041, and to increase the size of the lease parcel by 100 square feet for the existing telecommunications tower at the City's Water Storage Tank (3600 Miner Road). E. PROPOSED RESOLUTION NO. R12 -106 - Approve and authorize execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ( "Sprint" or "Tenant ") to allow four (4) additional five - year terms, thereby extending the lease agreement 20 years to October 29, 2041 for the existing telecommunications tower at the Public Works Compound (222 NE 9th Avenue) F. PROPOSED RESOLUTION NO. R12 -107 - Approve piggyback of Charlotte County Bid No. 2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing. The bid term is from October 1, 2012 to September 30, 2013, the second of two one -year renewals per Charlotte County bid documents. This bid will be utilized for the procurement of liquid polyphosphate at the estimated annual expenditure of $50,000 G. Approve full release of surety for the project known as Mariner Health of Boynton Beach and authorize refunding the $65,516.00 cash bond for the water and sewer utilities to Mariner Health. H. Approve the minutes from the Special City Commission meeting held on September 13, 2012 and the regular City Commission meeting held on September 18, 2012 I. Accept the resignation of Vinola Rada, a regular member of the Special Events Ad Hoc Advisory Committee Commissioner Ross had pulled the item because a member of the Special Events Ad Hoc Advisory Committee had resigned. She was disappointed whenever anyone had to resign and asked for an update on the advisory boards and the new volunteerism program and projects. Ms. LaVerriere reported the program was created on a staff level and an outreach or marketing plan was being set up. There had been discussion on the staff and time intensive nature of the program. The Human Resources Department had put together a mentoring and volunteer program. The policies are in place administratively and now working toward marketing and outreach prospects. A plan would be presented to the Commission of the related costs. Great strides were made in the volunteer aspect of 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 the program. It was now a question of the related cost and time to educate others about the program She estimated an update could be presented December 4 Motion Commissioner Ross moved to accept the resignation of Vinola Rada. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -108 - Approve "piggyback" of the City of Cape Coral Bid #: ITB- UT12 -32 /CH with Shrieve Chemical Company (Shrieve) with the same terms, conditions, specifications and pricing. This contract will be utilized for the procurement of sulfuric acid at an estimated annual expenditure of $165,000 Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve the negotiated settlement for $10,000 in the case of Bernard Castor v. City of Boynton Beach. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R12 -109 - Approve (1) authorizing the Community Redevelopment Agency to issue its Tax Increment Revenue Bonds, Series 2012 in a principal amount not to exceed $17,000,000 in order to refinance its Tax Increment Revenue Bonds, Series 2005A, and Series 2004 maturing after 2014, (2) authorizing the City to guaranty the repayment of the bonds when they become due and (3) authorizing the Interim City Manager to execute the Guaranty Agreement.. Attorney Cherof read Proposed Resolution No. R12 -109 by title only. Barry Atwood, Director of Finance, summarized that the financial advisor identified interest rates had dropped and the existing bonds could be refinanced from an interest rate of 4.5% to 2.5 %, saving $2 million over the life of the bonds or $200,000 per year. Commissioner Holzman asked for the total debt amount. Mr. Atwood replied it would be $16.185 million. There is always an extra amount included in case something happens and to avoid any possible delay. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A Hear update on OId High School Redevelopment Project - Mr. Juan Contin - Boynton OId School Partners, LLC Juan Contin, 826 S Federal Highway, Lake Worth, had exciting news and reports on deliverables that had been requested. The project was at a critical juncture. He introduced Mr. James Carras of Carras Community Investment Inc., a 25 -year consulting firm with substantial experience in community and economic development. He is a national expert in development finance and taught at many universities, conducted federal workshops and spoke at numerous trade organizations and professional organizations. He is certified by the National Development Council as an 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Economic Development Finance Professional. He would be leading the way through the financing of the project. Mr. Contin reported he had an equity investor that put forth $1.2 million toward the project who has a lot of confidence in the concept. James Carras, Principal of Carras Community Investment Inc., 330 SW 2 Street, Ft. Lauderdale, was pleased to be added to the team Based on the raising of $1.2 million in equity, Mr. Carras suggested a financing structure that looks at the SBA (Small Business Administration) 504 program through a certified development company that will provide up to 40% of the total financing on a long term basis. It is critical because the smaller the debt payment based on a 20 -year payback, the project can charge lower rent to the tenants. It is a unique project and not drawn much market attention up to this time. Tenants will need time for the project to get established and rents charged below market Financing, longer term in nature and conditioned on getting grants and other sources to reduce the debt coverage, is critical to the project's success. Mr. Carras recommended using the SBA 504 loan and a conventional bank loan that would be 50% or less of the entire project and look at receiving historic tax credits that would generate approximately $470,000 in a grant form towards the project. Mr. Carras would help identify any and all funding sources, prepare the applications and move forward with submitting the applications for financing structure. A critical piece was any applications could not be submitted or acted upon until the ownership of the property was in the name of the LLC Vice Mayor McCray wanted further clarification on the issues of ownership and the status for the City of Boynton Beach. Mr. Carras replied the City needed to convey the property to the LLC in order for the funding and financing applications to be submitted. He understood if the project was not successful or if the LLC walked away from the project, the building would be conveyed back to the City. It would have to be addressed by the Legal Department. Attorney Cherof pointed out a great deal more information would be needed before the City would be in a position to convey any property to anybody. Information from the potential lenders regarding the type of commitment, more about the entity that has been formed, the wherewithal of the entity to perform under whatever agreement is entered into with the City that could contain a provision for conveyance of the property and conditions, including deadlines and requirement were not met, for reversion of the property to the City. Commissioner Holzman questioned if the City Attorney felt comfortable that there could be an agreement with the safeguards to revert the building back to the City if the project is unsuccessful or any conveyance would require approval by the Commission to change the building as it exists today. Attorney Cherof advised he had reservations on reverter provisions some of which were being addressed in current cases in the courts 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 that may address his concerns. Reverter provisions have been used in the past. The other issues he felt were doable. Restrictive covenants could be utilized or other commitments in the agreement to maintain the property pursuant to the City's directive. Vice Mayor McCray inquired when Mr. Carras had actually commenced working on the project and Mr. Carras answered he had started last week. Mayor Hay asked for some type of timeline. Mr. Contin replied the financial deliverables included the equity investor for $1.2 million and now showing 50% preleased options including letters from two restaurants. Mr. Sutka would be taking the top floor for the events. There were individuals present who had successfully leased the Lake Worth project and had seen this property and the capabilities that exist. The stack financing was now available through Carras and the rents had been lowered from $18 per square foot to $14 and $20 as opposed to $25 for restaurants, to be more competitive in the market. Commissioner Holzman suggested with the introduction of a new member to the team and the necessity to prepare new documents, it would appropriate for the City Attorney and Mr. Contin's group to discuss what would be needed to draft a conveyance document and detailing the safeguards for the City of Boynton Beach. Mayor Hay and Vice Mayor McCray concurred. Attorney Cherof estimated 30 days should be sufficient time. Motion Commissioner Holzman so moved for 30 days. Vice Mayor McCray seconded the motion. Commissioner Ross reported she had been attempting to set up a meeting with Kelly Smallridge of the Business and Development Board. The meeting would involve Commissioner Ross, the Interim City Manager, Mr. Contin and any members of his group, as well as Kelly Smallridge. Vice Mayor McCray wanted the CRA Director to be included in the meeting. Ms. LaVerriere replied the CRA would be invited. Commissioner Ross agreed Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R12 -102 - Approve the ranking of proposers identified by the Evaluation Committee from the responses received to the Request for Proposals RFP #067 - 2110- 12/TWH "A POLICE DEPARTMENT 14 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 MANAGEMENT STUDY "; and approve agreement with Berkshire Advisors of Bay Village, OH, for an amount not to exceed $59,000 (Including all fees and expenses). TABLED ON SEPTEMBER 18, 2012 Motion Vice Mayor McCray moved to remove from the table. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Vice Mayor McCray knew staff had done due diligence in looking at the six companies. He wanted to hear from staff before any motion was made. Tim Howard, Deputy Finance Director, explained the RFP had been sent to 16 companies and six responses were received. A committee of three reviewed the proposals with the rankings. All six rankings were submitted. All three evaluators had the number one company ranked as first. The normal process would be to recommend the top ranked firm to the Commission, being Berkshire Advisors. The estimated time of delivery was four to five months, which was common throughout all respondents. Commissioner Holzman wanted to know the reason for the rankings and if anyone had investigated any of the teams or firms to get background history. Mr. Howard indicated the rankings were based on the responses to the RFP. The RFP outlines the categories that would be evaluated, so it has to be based on those categories. Ms LaVerriere pointed out the top three could be invited to make a presentation. There would be an expense related to that procedure. Commissioner Holzman thought the presentations should be considered depending on the cost. It was a very serious matter and due diligence was required. Mayor Hay, Vice Mayor McCray and Commissioner Ross concurred to have Berkshire Advisors, ICMA and Matrix, being the top three, make presentations. Commissioner Holzman suggested the presentations could be made by phone if they cannot appear in person. Attorney Cherof indicated it could be done by phone. Mayor Hay noted it would save money. Motion Commissioner Holzman moved to instruct staff to contact the top three respondents to request appearance by phone for questions from the Commission. Vice Mayor McCray seconded the motion. 15 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Vote The motion passed unanimously. It was decided a maximum of 15 minutes would be allowed to discuss their approach, methodologies and capabilities. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -015 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Audrey D. Gerger House located at 331 NW 1st Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 12 -015 by title only, on second reading. Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. B. PROPOSED ORDINANCE NO. 12 -016 - SECOND READING - PUBLIC HEARING - Approve amendments to the LDR intended to, in part, provide incentives to the development of non - conforming industrial Tots; promote more urban development through clarification of build -to -line regulations; update historic preservation processes; and enhance project and streetscape appearance through various changes in community design regulations. Applicant: City- initiated. Mayor Hay opened the issue for public hearing and no one came forward. Attorney Cherof read Proposed Ordinance No. 12 -016 by title only, on second reading. Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. 16 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 Commissioner Ross noted the changes were to provide incentives for development on non - conforming lots in the industrial areas. She asked if there were any requests pending. Eric Johnson, Planner, advised there had been some conversation with staff on such a request. Mike Rumpf, Planning and Zoning Director, noted there are not many lots that would fall under the categories. There is one that prompted the changes on a non - conforming lot that can be expanded onto adjacent properties to make it conforming. Vote City Clerk Prainito called the roll. The vote was 4 -0. 14. FUTURE AGENDA ITEMS A Review of staff recommendations for changes, deletions and additions to Planning & Zoning Department fees to reflect current services and updated costs. - October 16, 2012, Commission Meeting B. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD C. Consideration of rescinding current Lobbyist Registration Ordinance to opt into Palm Beach Countywide Ordinance - 10/16/12 D. Consideration of entering into an ILA with Palm Beach County for payment of Inspector General fees directly to County - 11/7/12 E. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 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 no further business to come before the Commission, Mayor Hay properly adjourned the meeting at 7:46 p.m. (Continued on next page.) 17 Meeting Minutes Regular City Commission Boynton Beach, FL October 2, 2012 CITY OF BOYNTON BEACH Woodrow- . 4 ' yy. cCray, Vice ayor Com . - Ai .7 - Steven Hol, a 7 o missioner ATTEST: Marlene Ross, Commissioner e t' et M. Prainito, MMC y Clerk Judith A. Pyle, CMC Deputy City Clerk 18