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Minutes 10-16-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 16, 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 ABSENT: 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 welcomed everyone to the meeting and called the meeting to order at 6:32 p.m. The invocation was given by Mayor Hay followed by the Pledge of Allegiance to the Flag led by Vice Mayor McCray. D. Brand Promise Statement The brand promise statement was read, "Time to take a look at Boynton Beach — where the nearby gulfstream brings cooling summer breezes and warm winter sunshine." Vice Mayor McCray asked the public be informed why Commissioner Ross was not in attendance. Mayor Hay understood Commissioner Ross was traveling on her new job and was unable to attend. She had informed the Commission previously that she would be absent and there were items that would not be discussed until the next meeting when she would be present. E. Agenda Approval: 1 . Additions, Deletions, Corrections Mayor Hay added to the agenda a discussion about the November 20th meeting as Item 5.B. He also pulled Item 6.E for discussion. 1 1 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor McCray announced on the 4th Sunday of October, at 10 a.m., at St. John Missionary Baptist Church, Pastor Chaney's 10th Anniversary would be celebrated. The Veterans Council on Monday, October 22nd at 11 a.m., would be unveiling the Cuban Missile Crisis monument and tribute to John F. Kennedy. Mayor Hay thanked all those who participated in the Read for the Record program. The City representatives had read to over 1,800 students and it was hoped the City of Boynton Beach would be the top participant. Mayor Hay had read the story at three locations; Poinciana Elementary School, City Library for 150 kids and Crosspointe Elementary. It was a fantastic endeavor and he again thanked the staff for their participation in the event. The winner of the trophy was unknown. Mayor Hay announced the St. John Missionary Baptist Church was having a men's conference on November 28th — 30th. Everyone was invited and there was no charge. Mayor Hay remarked his wife had required the services of the Fire Department and they were treated royally. She was taken by ambulance to Bethesda Hospital and had to stay overnight. He commended Monica Durango, Matt Petty, Brian Hannah and Lt. Doug Brant for doing a fantastic job. Vice Mayor McCray had received a letter from Mr. Furci relating to parking decals and a hardship being disabled. He asked the City Manager's office to contact Mr. Furci and see if the City can offer some type of relief on the decal. Ms. LaVerriere advised she would have the individual contacted. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by the League of Woman Voters given by Mark Schneider. 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 Mayor Hay introduced Mark Schneider who gave a brief overview of the amendments on the ballot for the November 6th election. A handout was distributed and Mr. Schneider advised it could also be found at www.thefloridavoter.org and questions could be submitted and would be answered from the web site. He advised there were 11 Constitutional amendments, two Palm Beach County initiatives and judicial retentions. Early voting would begin on Saturday, October 27th through Saturday, November 3rd and the polling places would be open 7 a.m. to 7 p.m. The first amendment related to health care services because of the Supreme Court decision about the Affordable Care Act. The question is somewhat moot. If you do not support the Affordable Care Act also known as Obama Care, the vote should be yes on amendment one. On the other hand, if you are in favor of the Affordable Care Act, the vote should be no. It results in a symbolic vote of approval or disapproval of the Affordable Care Act. Five of the amendments are tax breaks for particular groups. Amendment two is titled Veterans Disabled Due to Combat Injury; Homestead Property Tax Discount. Currently veterans receive a discount proportionate to their degree of disability, but it only applies to veterans who entered the military from the State of Florida and were injured. This amendment would expand the coverage of the additional deduction to all combat injured military veterans. The cost would be $15 million to county and city governments over three years across the State the Florida. Amendment four is called Property Tax Limitation; Property Value Decline; Reduction for Non-Homestead Assessment Increases; Delay of Scheduled Repeal. It has four functions. It would prevent assessed values of homesteaded and non-specified homesteaded properties from increasing when market values decline. Secondly, it reduces froml0% to 5% the cap on annual increases on assessments of specified non- homesteaded properties such as rentals or seasonal homes. The costly function, three, would give homestead exemption up to $250,000 to be reduced by 20% a year over five years to first time homebuyers or buyers who have not owned a home over the last three years. It is a big exemption for first-time home buyers. It would also delay until 2013 the scheduled repeal of assessment caps on certain non-homesteaded properties. The cost to city and county governments would be $1 billion. Amendment nine is called Homestead Property Tax Exemption for Surviving Spouse of Military Veteran or First Responder. It extends to spouses of first responders who are police, firemen, or EMTs the exemption afforded spouses of military personnel who died on active duty. It turns the statutory exemption into a constitutional exemption and adds first responders. The cost of this over three years to cities and county governments would be $1.8 million. There is a tangible personal property tax exemption and it increases the exemption on tangible personal property that is used by businesses to earn income and increases the exemption from $25,000 to $50,000. It gives cities and counties the right to advance 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 the increased exemption to businesses. It does not mandate the change. If all counties and cities passed this exemption it would cost local governments $60.3 million. Amendment eleven is an additional homestead exemption for low income seniors who maintain long term residency on property equal to the assessed value. The age limitation is 65 years or older with an income of less than $27,030. The home must be valued below $250,000 and the owners resided there for 25 years or more. The property taxes would be zero. Each of the amendments has its own rationale. If all the amendments passed the impact on county and city governments would be $1,104,000,000 resulting in reduced services from cities and counties or an increase in the millage rate for taxpayers not benefiting from the amendments. All of the benefits can be granted by the State of Florida through statutes. Florida has a very low tax rate being 46th among the states in term of tax burden on individuals. Amendment three is a State tax revenue limitation. If the limitation passes, the criteria for calculation on how the State limits the increase on taxes from year to year would change. Currently the calculation is based on increase in personal income. If passed, the calculation would be based on increase in population growth and increase in the consumer price index. The effect is hard to determine. It could eventually limit the ability of the State to raise taxes by about $1 billion. The taxes would be sales tax, gas tax, commercial tax and such things as licensing fees. It is called a TABOR -Taxpayers' Bill of Rights Amendment. It has been proposed in 30 other states, but only passed in the State of Colorado. Amendment five impacts how State Courts are run. If passed, the Governor's nominee would have to be approved by the State Senate and would give the State House greater control of the State court system. A yes vote would give the party in power more control over the State courts. A proponent of the separation of powers would support a no vote. Amendment six is called Prohibition on Public Funding of Abortions; Construction of Abortion Rights. If passed it would have no affect on State funding of abortions because there is none. State employees would be prevented from getting insurance that funds abortions apart from rape, incest or health of the mother. It would change the Constitution of Florida to remove abortion from the general privacy rule of the State Constitution. Some feel the amendment is necessary if parents are to be given the right to consent to the abortions of minors (below 18 years of age). Others feel the privacy provision of the State Constitution forbids laws for parents to consent to abortions for minors. Parents must now be informed of an abortion for minors, unless the minor can argue the knowledge would lead to severe penalties on the minor. If Roe v. Wade were overturned there would be no provision in Florida's Constitution that would allow Florida courts to say the legislature could not pass a strict anti-abortion law. 4 H H Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 Amendment eight involves religious freedom. If passed, the State's 126 year old provision that no State funds can be used to aid religious institutions, would be stricken from the Constitution. Others contend the amendment is necessary so groups like Catholic Charities can be funded which is not valid. There is no provision in the State's Constitution that prevents the non-sectarian delivery of services by religious institutions to citizens of any confession or religion in a non-proselytizing atmosphere. There is no challenge to it. There is a court challenge to the provision of proselytizing services and require you to agree with certain religious doctrines before services can be received from an organization. If the provision is passed, it would allow the State to fund churches, mosques and synagogues and remove one of two barriers that prevent vouchers for sectarian private schools. Amendment twelve involves Florida State University (FSU) leaving the Florida Student Association to avoid paying the fee for membership. The fee was used to assist in hiring a lobbyist to lobby for students in Florida. FSU has its own lobbyist and did not want to pay the fee. It provides for a new organization to be established so FSU can have one of its representatives on the Florida Board of Governors. Since then, the Florida Student Association decided it would not charge Florida State dues so there is no reason for the amendment other than to create favor with FSU. Mr. Schneider advised the League of Women Voters' position on all the amendments is negative. There are two Palm Beach County provisions. First involves the placing of slots at the dog tracks and the second extends the County Commission's ability to confer tax breaks on businesses that promise to hire large numbers of new people in the County. The County Commission currently has the ability, but it will expire in August of next year. There are three Supreme Court Justices and two Circuit Court Justices on the ballot for retention. There is a campaign against the three Supreme Court Justices because the campaign is not based on their judicial record, rather the temerity shown in striking down Constitutional amendments that legislatures wanted to put on the fall ballot saying they were misleading, poorly worded or deceptive. A vote of yes would continue separation of powers and a vote of no would give greater control of the courts by the party in power. Mr. Schneider appreciated the Commission allowing the League to come and explain the amendments. Mayor Hay noted the amendments were very serious matters. B. Announce the Boynton Beach Haunted Pirate Fest 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 Ms. LaVerriere introduced Natalie Warren, the new Executive Director of the Children's Schoolhouse Museum. The museum staff and the Board are happy to welcome Ms. Warren to the City of Boynton Beach. Ms. Warren was present and indicated she was happy to be with the Museum and expressed her appreciation for the welcome from the Commission. Kathy Biscuiti, Special Events Director, announced the Pirate Fest to be held October 27th and 28th from 10 a.m. to 5 p.m. on Ocean Avenue by the Museum. There would be two days of non-stop family fun with continuous entertainment on three stages. It would include pirate re-enactments, live music, comedy and magic shows including fairies and pirates interacting with people all day long. There would be a rock wall and a pirate bounce and slide. Many food vendors would be available and a large dining tent. The Children's Schoolhouse Museum would have a "Spooktacular" Haunted House that would cost $5. Trolleys would be available for extra parking. Vice Mayor McCray welcomed Ms. Warren and appreciated that she was precise and to the point. Vice Mayor McCray interjected there should be an announcement by City staff about the Tennis Center. He recalled at one point funds had to be found to keep the Tennis Center open and he was pleased to know it was celebrating 30 years. Carisse LeJeune, Interim Assistant City Manager, announced on Friday, November 2nd would be the 30th Anniversary of the Boynton Beach Tennis Center. There would be two tournaments. The morning mixed tournament would be followed with a luncheon and the evening mixed-doubles, round robin tournament followed with a dinner. She invited everyone to attend the celebration. C. Proclaim the week of October 21 - 27, 2012 as Florida City Government Week. Mayor Hay read a synopsis of the proclamation for Florida City Government Week during the week of October 21st - 27t", 2012. The proclamation was presented to Ms. LeJeune. 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 NE 6th Avenue, pointed out the City Commission continued to have a vacancy. There had been a two/two tie on attempting to appoint a replacement. There was a 2-1 vote possible at this meeting. He suggested the City try to fill the seat. It needed to be done. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 Dr. Piotr Blass, 113 West Tara Lakes Drive, offered a mathematical solution to the vacancy issue. There are three or four candidates willing to serve for District 1. A way to avoid an election would be to rotate those interested to cover the meetings. It would avoid a special election. Dr. Blass mentioned Shawn Casper was running in District 90 for the House of Representatives. He was born and raised in Boynton Beach and was 24 years old. The City should be proud of that. Dr. Blass was a write-in candidate for the U.S. Senate and asked those who liked Einstein-type people to consider voting for him. Dr. Blass added he favored using the Old High School for meetings and especially university type uses, but would urge the Commission not to give up the title. He insisted the City continue to own the building. At the right time and in the right hands, the building could be worth many millions. Don Scantlan, 13 Cedar Circle, enjoyed Mr. Schneider's presentation. He suggested, in the future, there be a signed agreement that the presenter not suggest how people should vote. It was extremely improper for Mr. Schneider to state the position of his organization on how people should vote on the amendments. Mary Law, 625 S. Federal Highway, discussed the tearing down of the animal shelter. The building belonged to everyone in the City and not to the Commission. The officials were elected to serve the people and many citizens work to rescue animals and they should have a voice in the future of the animal shelter. She questioned of all the rescue groups who had contacted the City, weren't there enough volunteers to keep it open part time. She also asked why a perfectly good building was being torn down rather than put to additional uses such as a hurricane shelter and a dog park. They are positive publicity ideas for the City that desperately needs positive press. Ms. Law had heard rumors the building was being torn down to make parking for the bar to the north. She demanded immediate answers to her questions and wanted the City to keep the animal shelter or put its future to a vote by the citizens. Mayor Hay advised Public Audience was not a question and answer session. If warranted, staff would reply to her questions. He thanked her for her comments. Ms. Law advised she had difficulty getting answers to her questions and wanted to know why. "We are watching you." Janet Morgano, 803 NE 3rd Street, indicated over the weekend, Willie Lee Camper had been arrested for car jacking and was her neighbor. He had been hounding her. He is a convicted criminal, just out of prison. He has a terrible record. In the meantime she had moved to the neighborhood in May and around August he moved into an abandoned building as a squatter. He stole Florida Power & Light electricity and he attempted to break into her home three different times. Her daughter recognized Mr. Camper when he appeared on the news from his arrest. He had been caught by her trying to break into her vehicle. She praised the Police Department for their quick response to her calls. Mr. Camper had stolen her peace and restful nights. She does Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 have two Great Danes who have protected her. She spoke to the Judge and State Attorney and would continue to do so until she got the answers she needed to get a peaceful night's sleep. The building he was in was abandoned and known for drug dealing and she hoped it could be stopped. She hoped 258 NE 7th Avenue would not become a drug exchange duplex. Mayor Hay directed Ms. Morgano to Chief Immler and his staff. Ray Whitely, 7353 Palmdale Drive, had grown up in Boynton Beach, but did not know he could come to City Hall and speak his mind for three minutes. When he discovered it was possible his world got a little bit bigger. He wanted to thank all the government agencies who had been supporting the business mentorship program that Boynton United was spearheading. It gives children an opportunity to connect with City government. He had grown up on 27th Court and for 20 years of his life his world was as big as the canal and he had no knowledge of what went on at City Hall. No one else coming forward, Mayor Hay closed public audience. Vice Mayor McCray confirmed the next Commission meeting would be on Wednesday, November 7th, due to the election. Mayor Hay concurred. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Mayor Hay nominated Jayvonna Roker as a student member of the Education and Youth Advisory Board. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. B. Discussion on cancellation of November 20th meeting (This item as added to the agenda.) Mayor Hay recalled the January 1st, 2013 meeting had been cancelled. It had been stated at least two of the members would not be present for the November 20, 2012 meeting, so there cannot be a meeting without a quorum of three. Staff has to juggle their schedules for the meetings, police have to make arrangements and the IT Department has to make accommodations as does the Legal Department. Also the 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 public itself would be expecting a meeting and would arrive to find out there is no quorum. Mayor Hay wanted to officially cancel the meeting. Motion Vice Mayor McCray moved that the November 20th meeting be cancelled. Mayor Hay passed the gavel to Vice Mayor McCray and seconded the motion. Vote The motion passed 2-1 (Commissioner Holzman dissenting). 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R12-110 - Approve the expenditure of $27,506.85 for the annual renewal of the Grants Network Master Subscription and Service Agreement with eCivis. B. PROPOSED RESOLUTION NO. R12-111 - Approve and authorize the execution of an Agreement between the City of Boynton Beach and Project Cast in the amount of $21,695.01 of Community Development Block Grant funding. C. Accept the written report to the Commission for purchases over $10,000 for the month of September 2012. D. Approve utilizing the State of Florida Contract #680-050-12-1-1 with Lawmen & Shooters Supply for approximately $43,000 for the following: ammunition, gun parts, and cleaning supplies. E. Approve the minutes from the regular City Commission meeting held on October 2, 2012 Mayor Hay had pulled this item for a change to the minutes. He wanted to change his comment as quoted to read, "Our City deserves better" rather than, "Our City deserves more." Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 Vote The motion passed unanimously. F. PROPOSED RESOLUTION NO. R12-112 - Approve piggyback of City of Stuart Bid No. 2012 - 278 with Tanner Industries Inc. of Southampton, PA, with the same terms, conditions, specifications and pricing. This bid will be utilized for the procurement of ammonia at the estimated annual expenditure of $30,000. G. PROPOSED RESOLUTION NO. R12-113 - Approve piggyback of Palm Beach County Bid No. 12-064RR/SWC with Morton International, Inc. of Chicago, IL, with the same terms, conditions, specifications and pricing. This bid will be utilized for the provision of granular sodium chloride (salt) at the estimated annual expenditure of $65,000. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12-114 - Approve Bid No.: 066-2730- 12/DJL, Sod and Sod Installation to five (5) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for twenty (20) municipalities with the City of Boynton Beach as Lead Agency. The total bid amount is estimated at $1,687,144 for all participating cities for the initial two (2) year period. The City of Boynton Beach anticipated expenditure is $14,744 for the initial period. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approval of negotiated settlements in case of Corti/Doucette v. City of Boynton Beach Motion Commissioner Holzman moved to approve the negotiated settlement. Vice Mayor McCray seconded the motion. 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 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. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12-017 - Rescinding Ordinance 11-029 to allow adoption of the Palm Beach County Lobbyist registration Ordinance in lieu of City regulation of lobbying activities Mayor Hay recognized Richard Redcliff, Executive Director of the League of Cities of Palm Beach County who was present. Attorney Cherof read Proposed Ordinance No. 12-017 by title only, on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 3-0. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 14. FUTURE AGENDA ITEMS A. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD B. Consideration of entering into an ILA with Palm Beach County for payment of Inspector General fees directly to County - 11/7/12 C. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 D. Volunteer Advisory Board program outline - 12/04/12 E. Presentations by consultants being considered for the Police Department Management Study - 11/7/12 Vice Mayor McCray thanked those present for attending the brief meeting. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" The brand promise statement was recited by those present. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 7:28 p.m. (Continued on the next page) 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 16, 2012 CITY OF BOYNTON BEACH Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Commissioner Steven Holzman, Commissioner ATTEST: Marlene Ross, Commissioner Janet M. Prainito, MMC City Clerk ydith A. Pyle, CMd .Deputy City Clerk 13