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Minutes 08-03-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, AUGUST 3,2010 Present: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Steven Holzman Mayor Rodriguez called the meeting to order at 6:31 p.m. The invocation would be substituted with a moment of silence as indicated in Item 3.A. Commissioner Holzman led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested the addition of Item 13.C Amended Resolution No. R10-100, setting the millage rate and roll back rate. Vice Mayor Ross pulled Consent Agenda Items 6.0 and 6.E for discussion. Commissioner Orlove pulled Consent Agenda Item 6.A and requested to move 14.Unfinished Business section before the 12. New Business section. Mr. Bressner agreed to investigate the proposed change in conjunction with the EasyAgenda program. Commissioner Hay requested Item 14.C. be moved forward on the agenda to accommodate those present to discuss the issue. There was consensus if the meeting became lengthy the discussion would be moved forward. He also requested to add Item 12. New Business C, a discussion on the Commission on Ethics. Attorney Cherof advised the proposed agreement would be on the next agenda for approval. Commissioner Holzman had no additions, deletions or corrections. Mayor Rodriguez pulled Item 6.C for discussion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 2. Adoption Motion Commissioner Hay moved to adopt the agenda as amended. Commissioner Orlove seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Holzman commended those who coordinated the Intergenerational Gathering at the Carolyn Sims Center in spite of the intense heat. Commissioner Hay echoed the commendation. He noted there were two vendors who did not project the image of the event, a bail bondsman and concealed weapon permit vendor. Agreements had been reached with those individuals. He had also attended the League of Cities luncheon and gathered more information on the Commission on Ethics led by Alan Johnson and he would share that when the item came before the Commission. Commissioner Hay also attended the Chamber of Commerce business meeting. It was exciting and he encouraged all City leaders to attend such events to meet and support the various vendors. Commissioner Orlove thanked the Utilities Department for the work they do because his water had been tested and passed. He especially thanked Police Officers Lloyd and Vargas and Chief Immler for the "ride along" experience to see the Police in action. He had also attended the Fun Day picnic at the Carolyn Sims Center. Commissioner Orlove announced the Sand Sifters cleanup to be held on August 7, 2010 at Oceanfront Park and urged more volunteers to attend and assist. Vice Mayor Ross had attended the HeadStart graduation held at the Civic Center and congratulated the students, parents and Lena Rahming. Vice Mayor Ross also attended the Carolyn Sims Family Day picnic as well as the Chamber of Commerce Expo at Benevento's. She announced she was holding a meeting for her constituents on August 15, "Coffee with the Commissioner" at Fire Station #3. All City residents were welcome, but especially District 4 constituents were encouraged to attend. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Request a moment of silence in honor of our adopted soldiers that have been killed and wounded during the month of June 2010 while conducting combat operations in northeast Afghanistan. 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 On February 18, 2003 the Commission reaffirmed the City of Boynton Beach's support for Company 0, Second Battalion, 327th Infantry Regiment of the 101 Airborne Division, a/k/a Delta Demons. They have been sent on three deployments and there would be a fourth to northeast Afghanistan. Four Delta Demon Soldiers have lost their lives and three have been wounded. A moment of silent prayer was held to remember those who had passed and well wishes for those at home and their families. Mayor Rodriguez asked that Bob Ferrell, a former Vice Mayor and Commissioner of the City of Boynton Beach who had recently passed also be remembered in prayer. B. Presentation and discussion of Classical South Florida's plans for WXEL-FM 90.7 should its purchase become finalized, by Douglas C. Evans, President and General Manager of Classical South Florida. Vice Mayor Ross, as an employee of WXEL, excused herself from the dais per legal advice. Doug Evans, President and General Manager of WKCP Classical South Florida, 89.7 FM, serving Broward and Miami/Dade Counties and 101.9 FM serving Palm Beach County, gave a presentation and answered questions. Mr. Evans referred to a recent article in the Palm Beach Post in opposition of the sale of WXEL radio. He disagreed and countered that Barry University, Barry Telecommunications, appreciated Classical South Florida because of its unique qualifications. Classical South Florida had demonstrated a deep commitment to the cultural well-being of South Florida with their current stations in the area. It also specializes solely in radio and no other entity had similar experience in non-commercial radio and financially qualified to purchase and operate the station. The transfer was unanimously agreed upon in April, 2010. Classical South Florida is a Florida non-profit corporation governed by a Board of Trustees, many who are local residents. Mr. Evans and the Chair are both residents of Boca Raton, Florida. The programming consists of high quality local and national programs with an emphasis on classical music. New and innovative ways are sought to address the needs of the communities being served, coordinated with advice from the citizens of the Palm Beaches and Treasure Coast. The area is well served by a full time public news and information station, WLRM. After the transfer Classical South Florida proposed to continue national public radio and other news programming on WXEL. Financially, Classical South Florida is a supported organization of American Public Media including Southern California Public Radio and Minnesota Public Radio. American Public Media's endowment of $100 million provides financial strength to its supported organizations and guarantees the financing of radio station purchases as it 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 will do with the WXEL purchase. Classical South Florida has no interest in purchasing WXEL television. Two years ago, Classical South Florida, established in Miami and Fort Lauderdale, grew the membership roles from zero to more than 10,000 members. Many donors have been found to assist in the expansion of the station and the same type of effort would be brought to WXEL for success. The transfer would ensure the success of public radio in the area for a very long time. Mr. Evans thanked the Commission for the opportunity to make the presentation. Commissioner Orlove disclosed he was a member of WXEL and had been advised by the City Attorney he could continue to sit on the dais and discuss the issue. Commissioner Orlove questioned Mr. Evans and established that five of the nine members of the Board of Trustees are legal residents of Florida and four reside in Minnesota. He discussed the fact a major concern was that the local programming would cease to exist. Mr. Evans countered that there have many local events that were covered featuring local organizations with high quality recording. A weekly segment was created to talk about local arts and activities, including interviews. The primary focus was high quality recording and many organizations would apply to the policy and opportunity. Commissioner Orlove argued that WXEL has presented programming on financial matters, life styles, local and state issues and not just broadcast performing arts. Mr. Evans stressed if the community wanted that type of program. their intent was to give the citizens what they wanted. Commissioner Orlove related the concern that the programming would be simulcast with little or no local programming. Employment was also a concern if jobs would be lost. Mr. Evans asserted employment opportunities were being offered to the current employees who have skills specific to radio. Commissioner Orlove clarified the growth in membership related to members only and did not include grants from foundations, County grants or tourism grants. There is no minimum amount requested; any donations are accepted. On the issue of financial sustainability, Mr. Evans explained there was a Business Plan that had been exceeded by 10% to 20% this year and the Plan proposed being self supporting in the next two to three years. The Business Plan did have to be adjusted as the economic structure changed. Commissioner Holzman expanded on the Business Plan to determine what the original plan was to have grown by 10% to 20%. Mr. Evans responded it was the basic operating budget and he urged the public records be scrutinized. The goal of the Business Plan was to work toward self-sustainability and then reduce the debt. Commissioner Holzman inquired if the jobs being offered would remain in South Florida and Mr. Evans responded the openings would be local and only offered for a sinQle year. There is also an agreement with Barry University to reserve the space in the 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 current building. There is a large geographic area being served by the current operations and having space in the northern sector would be advantageous to Classical South Florida for at least one year and hopefully continue. A discussion ensued on the success of separation of TV stations and radio stations in other areas of the nation. If the entities focus on their strengths, there is success working together and serving the communities. Mayor Rodriguez thanked Mr. Evans for sharing his plans with the Commission and wished him luck. The Commission was concerned with the impact on Boynton Beach and he hoped there would be success moving forward and working together. Mr. Evans concluded that Classical South Florida had listeners numbering 125,000 and in two years it had increased to 285,000. The need will continue if the high quality is maintained. Vice Mayor Ross returned to the dais. 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) Doris Jackson, 531 NW 10th Avenue, thanked the Commission from the Heart of Boynton, for their support and attending the Intergenerational Gathering partnered with the Family & Fun Day started by Carolyn Sims. She also presented a shirt to City Manager Bressner, although he was unable to attend. The Heart of Boynton was also assisted by Ms. Thelma Lyons, Neighborhood Specialist, in organizing the Heart of Boynton homeowner associations. She urged the Commission to maintain Ms. Lyons in her current position to help the area. Lastly, Ms. Jackson had rented a pavilion at the Intracoastal Clubhouse and complained about the condition of the structure and the surrounding buildings and grounds. They should be maintained in a respectable manner for those who had paid to reserve the space. Herb Suss, 1711 Woodfern, reported the renovation of Galaxy Elementary was voted for at the last School Board meeting. He commended the City Manager for his efforts and success. Mr. Suss donated a witness check he had received to the soldiers supported by the City of Boynton Beach. Lloyd Zonenstein, 2620 NE 1 st Court, on behalf of Village Royal on the Green, thanked the Mayor City Manager, City Attorney and Police Chief for resolving the issue of the hold harmless clause relating to police protection. The contract would be for 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 approximately $100,000 to cover six hours a day, seven days a week, 365 days a year. The goal was to have Boynton Beach Police Department as their protector. No one else coming forward, Mayor Rodriguez closed the public audience. Mr. Bressner agreed he would address Ms. Jackson's issue regarding the pavilion and apologized for the inconvenience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Rodriguez nominated Terry Lonergan to serve as an alternate on the Financial Advisory Committee. Motion Vice Mayor Ross moved to approve the nomination. Commissioner Orlove seconded the motion. The motion passed unanimously. Commissioner Orlove appointed Victoria Castello as an alternate to the Financial Advisory Committee. Motion Commissioner Hay so moved. The motion was seconded. The motion passed. Motion Vice Mayor Ross moved to table the rest of the appointments. Commissioner Hay seconded the motion. The motion passed. Mr. Bressner noted the Financial Advisory Committee could be seated and hoped to have an organizational meeting in the next two weeks. 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. 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 A. Approve the Minutes of the Regular City Commission meeting held on July 20, 2010. Commissioner Orlove had pulled Item 6.A for discussion and requested a correction on page two to reflect it was a Bahamian Festival rather than a Bohemian Festival. Motion Commissioner Orlove moved to approve the minutes as amended. Vice Mayor Ross seconded the motion. The motion passed. B. PROPOSED RESOLUTION NO. R10-102 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Alexandre Normil for the property at 1199 South Ridge Rd, Lantana, FL. C. PROPOSED RESOLUTION NO. R10-103 - Approve the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for FY 2010/2011. Mayor Rodriguez had pulled item 6.C for discussion to clarify if financial information had been collected from the organizations to know their cost structure. Octavia Sherrod, Community Improvement Manager, advised the information is often in the applications or received by request. There was consensus that the information be provided to the Commission. Motion Commissioner Hay moved to approve with the condition the financial information be provided. Commissioner Orlove seconded the motion. The motion passed. D. PROPOSED RESOLUTION NO. R10-104 - Approve an agreement with Workforce Alliance, Inc. for the City's participation in the Florida Back to Work Program, a Subsidized Employment Program funded by the American Recovery and Reinvestment Act of 2009 (ARRA), and authorize future participation in Workforce Alliance, Inc. employment and training programs that have no fiscal responsibility or impact to the City. Vice Mayor Ross had pulled item 6.0. for discussion and requested an update on the eight remaining positions to be filled. Marylee Coyle, Assistant Director of Human Resources, responded that all 10 positions were attempted to be filled. There are minimum requirements for the City and Workforce Alliance. Unfortunately, 45 candidates met the City's minimum requirements, but not Workforce Alliance. Only two positions could be filled. The reimbursement was based on something greater than 80% of the salary, training and supervision. 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Motion Vice Mayor Ross moved to approve the Item 6.D Proposed Resolution. Commissioner Holzman seconded the motion. The motion passed. E. Approve staff to move forward to issue conduit debt for the Charter School of Boynton Beach and if so, bring a Resolution back to the Commission if the transaction meets with staff approval and recommendation. Vice Mayor Ross had pulled Item 6.E to hear the plans for the School and the conduit debt. She was specifically seeking information on the future of the school and its enrollment levels and plan for growth. Commissioner Holzman inquired if the proposal would in any way affect the City's bond rating if the school should default on the bond. Barry Atwood, Financial Director, replied it would not. The City had not previously assisted a school, but an apartment project within the City received a similar conduit debt. Other schools in the County had been approved. Most were private schools rather than Charter Schools. Commissioner Holzman wanted assurance that the City could not be held liable for anything regarding the bond. Mr. Atwood replied it could not. Depending on the bond market the benefit to the City would be 1 % to 2% on the interest rate and the only gain for the City would be a fee of $10,000. Mayor Rodriguez inquired if the School Board could do the same type of financing and Mr. Atwood did not know. Mayor Rodriguez inquired about the zoning for the proposed building purchase. Mr. Bressner believed there was a conditional use granted when the School entered into a lease arrangement. The property is located in a Planned Industrial Development (PID) on Gateway Boulevard. Mayor Rodriguez expressed concern that when the building would be bought the conditional use would disappear. Mr. Bressner was unsure if there were any conditions of the approval. Commissioner Holzman recalled originally he had inquired if the conditional use could be limited to only leasing. Attorney Cherof indicated he would have to pull the development order to review. There should be no difference with a conditional use that is tied to type of ownership or interest in the property. Quintus Greene, Development Director, advised the appropriateness of use at the location would be the determining factor rather than the tenancy. Attorney Cherof added a conditional use would not cover a time period. Wayne Owens, Headmaster of the Charter School of Boynton Beach, estimated enrollment for the upcoming academic year of 600 students. The school had started with 87 students setting a standard of excellence for the students. Their goal was to have an educational program for the children of the City. The School Board could act in 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 the same capacity, but the City had been approached first based on the relationship with the City from the beginning. Ms. Owens, Chief Financial Officer, advised the School Board had been contacted and had responded it had not previously done this and was not interested in participating. There is a school that has used the same process with the City of West Palm Beach. All pertinent information had been sent to the School District, but a formal denial had not been received in writing. Commissioner Holzman requested a breakdown of the demographics of the student population. Mr. Owens reported approximately 72% of the students were from within the City of Boynton Beach boundaries. It covered K-8 grades. The school was founded for accelerated achievement including foreign languages starting in kindergarten, and feature cultural studies to replicate the demographics of the world. There are one-third African American, one-third Hispanic and one-third Caucasian. Ms. LaPresti, Curriculum Specialist, advised there was an accelerated curriculum with scientific based research. The reading curriculum was on the cutting edge with brain based strategies. Math and science are constantly realigned within the curriculum to meet the needs of the students. There was no rating for the current year available. With 200 students the School had an "A" rating. An influx of 200 students reduced the rating to "C" the next year. Mr. Owens added approximately 70 students were Haitian. Motion Commissioner Orlove moved to approve Item 6.E. Vice Mayor Ross seconded the motion. Mayor Rodriguez opened the issue for public comment. No one came forward. Commissioner Holzman cautioned a more serious look should be taken into the reason the Palm Beach County School District refused the request. He recalled the conditional use had been approved based on the fact the building would not be sold. The City would be bailing out the owner of Quantum Park by allowing him to sell the property in an industrial park with a conditional use. The goal is to bring businesses to the City and economically develop the City and yet the industrial park continues to be given away for uses that do not generate revenue for the City. Mr. Bressner confirmed the school would be tax exempt. Mayor Rodriguez wanted the financial impact clarified if there was a loss of tax revenue. Mr. Atwood noted approval would not be final because a resolution to issue the bonds had to be brought back before the Commission. He reported the City's bond counsel had advised the School Board is not permitted to participate. Commissioner Orlove reminded the Commission it had heard from a Quantum representative and they were less than 50% full. There remains sufficient space to bring business and industry to Quantum Park. Mayor Rodriguez reiterated taking 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 properties off the tax roll is counter to the City Charter. Commissioner Orlove agreed, but stressed the use was a Charter School that served a purpose in the community. The motion passed 4-1 (Commissioner Holzman dissenting). F. PROPOSED RESOLUTION NO. R10-105 - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on July 15, 2010: a) Accept the 2010/2011 Wastewater and Reclaim O&M Budgets and Wastewater Repair and Replacement Expenditures b) Authorize the user rate to cities for fiscal year 2010-2011 for wastewater in the amount of $0.9871/1,000 gallons for operations and maintenance and $0.1940/1,000 gallons for reserves bringing the total to $1.1811/1,000 gallons c) Authorize establishment of reclaim user rate to consumers (Delray Beach, Boynton Beach and South Central Plant) for fiscal year 2010/2011 as $0.1653/1,000 gallons d) Accept the 2010/2011 organizational chart; including the water quality/pretreatment coordinator job description e) Authorize amendment of Rule IV, Section 13 and Section 14 of the Board Rules. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 10-016 - SECOND READING - Approve an Ordinance creating Section 18-184.2 of the Firefighters' Retirement Plan providing for a supplemental benefit to be funded entirely with available Chapter 175, Florida Statutes, excess premium tax revenue. Attorney Cherof read Proposed Ordinance No. 10-016 by title only on second reading. 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Mr. Bressner noted there would be no actuarial impact to the proposed change. Vote City Clerk Prainito called the roll. The vote was 5-0. B. TABLED ON JULY 20, 2010 to be heard on August 17, 2010 - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe Motion Commissioner Hay moved to table. Vice Mayor Ross seconded the motion. The motion passed. 10. CITY MANAGER'S REPORT None 11. FUTURE AGENDA ITEMS A. Interlocal Agreement with CRA for Human Resource and Payroll Management Services - (August 17, 2010) B. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (August 17, 2010) C. Construction Management At Risk Process (September 7, 2010) D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 E. 1 st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm - Commission Chambers F. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm - Commission Chambers G. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm - Commission Chambers 12. NEW BUSINESS A. Follow up discussion from Commission Retreat regarding Downtown Development and Old High School plan Initiatives. Mr. Bressner gave an overview of an exercise done at a recent Commission Retreat that keyed in on two initiatives identified in prior conversations with each of the participants. The top two initiatives were Downtown Development and the Old High School plans. Two groups were established to identify the elements of each topic. The Old High School issue was to develop a timeline and schedule by December 10, 2010 and assign resources to achieve the elements. It would also include creation of a budget to obtain a cost estimate, operation and maintenance cost estimate, design building cost and develop a project phasing. The Downtown Development had a core element to define the downtown area. The focus area was Ocean Avenue, 4th Street, Boynton Beach Boulevard, and Seacrest to Federal Highway. The Marina District was included as a separate area. The Heart of Boynton was not specifically discussed in the Downtown Development, but is an area of concern. The implementation issues were to develop a public/private partnership, a communications marketing plan and direct staff to do fact finding. Specific alternatives were no downtown, residential redevelopment to provide affordable housing, small business development and also no Community Redevelopment Agency. The course of action involved the placement of City Hall and the Police facility and reaffirming of the Downtown Master Plan adopted in 2009. There were no timelines. Mayor Rodriguez advised at the meeting he wanted to work on public-private partnerships to develop business or cultural arrangements. Commissioner Orlove wanted to work on communication marketing. Mr. Bressner offered to allocate staff resources to do necessary fact finding to forward the proposal. Mr. Bressner suggested a focused discussion by the Commission on the two projects may be appropriate. 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Motion Commissioner Holzman moved to accept the report. Commissioner Orlove seconded the motion. The motion passed. Motion Commissioner Orlove moved to direct staff to look at making a time for a workshop to discuss the issues. Commissioner Hay seconded the motion. The motion passed. B. Authorize request for qualifications for planning and study activity for a historic high school campus master plan. Attorney Cherof explained the request that the CRA and a potential consultant who could qualify under the proposal and $52,000 of CRA funds were allocated for consulting services in the proposed budget for next year. However, under the City's policies and CRA's policies a Request for Qualifications (RFQ) was needed to invite people to submit their qualifications to provide the work. A description of the scope of activity envisioned would be included for the eventual development of a Master Plan. The alternatives were to have the CRA or a third party initiate the process of obtaining a consultant, not to proceed with the RFQ until there were actual funds available for subsequent implementation or wait for the current RFQ that has a broader range and assign the work through that by task orders. The last option was to not proceed with anything at all. Mayor Rodriguez opined an RFQ was essential and would have a positive impact for future development. Motion Commissioner Holzman moved to authorize a Request for Qualification for planning and study of the Old High School. The motion died for lack of a second. Commissioner Orlove inquired if staff was available to investigate new market tax credits, historic preservation tax credits or an RFQ would be needed. Mr. Bressner did not feel there was in-house expertise to evaluate the new market tax credits issue. It would require external expertise. Commissioner Orlove expressed concern that the budget hearings centered on cutting and saving and now approving $52,000 on a study, in his opinion, was ridiculous. He pointed out there have been 10 studies relating to the Old High School including the Downtown Master Plan and the feasibility of the building. 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Mayor Rodriguez emphasized the new market tax credits and historic preservation tax credits had not been done. Commissioner Orlove agreed, but architectural landscape designs had been done and development of public spaces had been done, preparation and plans of park and recreation facilities had been done. The RFQ goes far beyond the current need. Mayor Rodriguez agreed many studies had been done that get shelved and are now outdated and irrelevant. It would be an opportunity to only get qualifications. The $52,000 would ultimately be reimbursable when financing was in place. Commissioner Holzman pointed out the studies were done many years ago and the environment has drastically changed in the interim, costs are different and tax credits were not done before. Commissioner Orlove contended several of the studies remain relevant and should be reviewed. The RFQ should be specific to market tax credits and funding opportunities from alternate sources. Mayor Rodriguez envisioned a Redevelopment Plan being developed that ties into the financing aspects. Some pieces of the studies were crucial and should be included. Commissioner Orlove suggested the subject be further discussed at a workshop. The RFQ study would tie the suitors and the financing available together. Mayor Rodriguez noted if the RFQ would be limited in scope and no responses were received, valuable time would be wasted. Vice Mayor Ross added a study was completed in December 2009 that has not been approved. Mayor Rodriguez suggested there were no costs involved in going out for an RFQ and $52,000 was allocated for four months. Motion Commissioner Orlove moved to have staff present an RFQ that was more honed in on Item 4 and Item 5 in the backup material. Vice Mayor Ross seconded the motion. Mayor Rodriguez suggested Item 1 be added. Commissioner Orlove agreed to amend the motion to include Item 1. Vice Mayor Ross suggested the 2009 REG study be included. Commissioner Orlove agreed to amend the motion to include the latest REG study. Mr. Bressner noted Item 1 included an entire spectrum of financial methods. Mayor Rodriguez requested to add Item 7 to the motion. 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Commissioner Orlove amended his motion for staff to put together an RFO which includes in the material backup, Items listed 1,4, 5 and 7. Vice Mayor Ross seconded the motion. The motion passed. Attorney Cherof confirmed the best approach would be an RFO rather than a Request for Proposal (RFP). 13. LEGAL A. PROPOSED ORDINANCE NO. 10-017 - FIRST READING - titled "Live Entertainment Permits" (Exhibit "A") - TABLED ON JULY 20, 2010 Attorney Cherof read Proposed Ordinance NO.1 0-017 by title only on first reading. Scott Blasie, Code Compliance Administrator, gave an overview on how the issue of Live Entertainment Permits had evolved within the City. There are many mixed-use developments within the City and noise levels measured by decibel meters have become extinct due to surrounding ambient noises. The proposed change appears to involve more government, but when implemented, would hopefully be less government. A committee had been formed with staff and business leaders to propose a solution. The proposal would have businesses submitting a site plan type document illustrating where the music would be, how the speakers would be oriented and where the people would be seated within the area. The primary concern of businesses would be the fees. There could be an option for the Commission to furlough fees or give an amnesty until the economy improved. Mr. Bressner suggested a one-year pilot program may be appropriate with a reduced fee or no fee. He commended and thanked Mr. Blasie for his work on the project. Mayor Rodriguez questioned the impact on staff. Mr. Blasie responded the impact would be initially significant on staff and the reason for the application fee. The requirements were reduced to limit the cost. It would be a one-time fee with a renewal on the Business Tax Receipt. The key is the manner in which the applicant would be providing entertainment. The first application process would include notification to adjacent residents and an opportunity for public input on the issue. The applications would be approved by the City Commission. Commissioner Holzman inquired how other municipalities who have active downtown entertainment dealt with the issue. The committee had looked at similar situations locally and on the east coast and found varying approaches. Commissioner Holzman could not determine the benefit to the City of issuing a permit. Mr. Bressner added the setup for the entertainment had to be in compliance with the approved permit as submitted. Mayor Rodriguez interjected the issue was not the placement of the band, 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 but rather the noise. Mr. Blasie explained sound meters cannot isolate the source of the noise so all noises are measured. Mike Rumpf, Planning Director, pointed out the ongoing activity within the City is in violation of the City regulations. It is currently based on amplified sound and requires conditional use approval. Only one business within the City had applied for the approval and subsequently withdrew the request. The proposed process would be much quicker than the conditional use approval process. The process would create a permit that can be issued and taken away if necessary. Mayor Rodriguez asked for clarification on the fee schedule. Mr. Rumpf responded the fee had been modified and the application would be $500 and the entertainment permit and renewal fee be combined into one fee of $150. The process not included would be a hearing following a complaint or violation documentation. There potentially should be a fee for a revocation hearing if it goes to the Code Compliance Board, a violation found and the matter would have to come before the Commission for reconsideration of revocation. Commissioner Orlove summarized that an establishment would have to pay approximately $1,000 to have live entertainment with a renewal fee of $150. Mr. Blasie noted the business owners were concerned with any fee. For establishments having only one activity a year, a special events permit could apply for approximately $50 to $75. Mr. Rumpf reported the special events permit regulations had to be revised also. Commissioner Holzman questioned the notification area of 400 feet and Mr. Rumpf responded it was the same distance utilized for variances. Mayor Rodriguez concluded more work needed to be done on the issue, especially in tough economic times. It should also be applicable to the entire City for one-time events versus multiple events. The time involved for the process was also a concern and the Commission's required approval of entertainment permits. Commissioner Orlove added it would also entail a Code enforcement violation which would definitely add more government to the issue. Mayor Rodriguez contended the notification process could affect establishments that had been providing entertainment for years and potentially change their business if residents were now made aware of an issue. The regulations would control live entertainment such as a DJ, but not playing of a CD or juke box. Commissioner Orlove reiterated Commissioner Holzman's suggestion that the policy of other cities in the area should be carefully scrutinized. Vice Mayor Ross inquired if all business owners had been notified of the proposed change and Mr. Blasie had coordinated that effort through the Chamber of Commerce. 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Motion Vice Mayor Ross moved to table. Commissioner Orlove seconded the motion. Mike Rumpf requested consensus on the Commission's role as feedback for staffs benefit. Mr. Bressner suggested an administrative approval and only if there is a denial would there be Commission intervention. The motion passed. B. PROPOSED ORDINANCE NO. 10-018 - FIRST READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") - TABLED ON JULY 20, 2010 Motion Commissioner Holzman moved to table Proposed Ordinance No. 10-018. Commissioner Hay seconded the motion. The motion passed. C. Amended Resolution No. R10-100 setting for the millage rate and roll back rate. (This item was previously added to the agenda.) Attorney Cherof explained it was an amended resolution from the budget sessions that would not change the millage rate; however, the calculation of the rollback rate needed correction before submission to the Property Appraiser's office. It will be a rollback rate of 8.0315. Motion Commissioner Holzman moved to approve Amended Resolution R10-100. Commissioner Hay seconded the motion. The motion passed. (Mayor Rodriguez passed the gavel to the Vice Mayor and left the dais at 8:46 p.m.) 14. UNFINISHED BUSINESS A. Review current practices for City Commission expense allowance. - TABLED ON JULY 20. 2010 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 Motion Commissioner Orlove moved to remove Item 14.A from the table. Commissioner Hay seconded the motion. The motion passed 4-0. (Mayor Rodriguez returned to the dais at 8:47 p.rn.) Commissioner Orlove submitted the Commission needed to operate in an accountable and transparent manner. The Commission receives over $35,000 in expense funds and the Commission should publicly note their expense fund spending and balances. Commissioner Hay agreed, but contended it should be the responsibility of the Finance Department to track the numbers. Commissioner Orlove suggested that a monthly statement be filed with the City Clerk's office to be available for public review. Mr. Atwood further explained for purposes of the IRS it is considered a non-accountable expense plan rather than being reimbursed. The Finance Department could only report the income figures and expense figures with a balance. How the money was spent would be the responsibility of the individual. Mr. Bressner added there are expenses that are submitted for reimbursement above and beyond the expense allowance for such things as airfare to a national conference, some per diem expenses were reimbursed and registration fees paid by the City. It has been a past practice. Commissioner Hay explained they were expenses above and beyond the list approved for the expense account. The expense accounts were for incidental expenses. Commissioner Orlove reiterated his concern that the Commission is being transparent and open about the funds received, that are taxpayer dollars and how they are used. Mayor Rodriguez agreed the concept was good and he usually spent more than he was given. Commissioner Holzman opined it was good theory, but would become very cumbersome to track activities on a day-to-day basis. Mayor Rodriguez added there was no administrative staff available to the Commission to assist in the organization and preparation of the necessary paperwork. Commissioner Hay did not want to add to his workload. Commissioner Orlove was not suggesting every item be itemized; simply report how the money was spent. It is taxpayer money and should be accounted for and he was surprised by the comments being made. Vice Mayor Ross offered that she had signed an ethics pledge and it would be part of her responsibility to be ethical. It would be very cumbersome and she could not see the necessity for it. 18 Meeting Minutes Regular City Commission Boynton Beach. FL August 3, 2010 Motion Commissioner Orlove moved to approve alternative two and have it done on a monthly basis. Mayor Rodriguez seconded the motion and passed the gavel to Vice Mayor Ross. The motion failed 2-3. (Vice Mayor Ross, Commissioners Hay and Holzman dissenting) Commissioner Orlove announced at the end of each month he would submit a report on a monthly basis to show his expenses and the use. He would submit it to the City Clerk's office to be made available to the public. Mr. Bressner wanted direction if the approved use of the funds needed further discussion. Commissioner Hay felt the method of reporting was not clear and warranted further discussion. It was agreed the City Manager would provide more information to the Commission on an individual basis. B. Review public comment card system for City Commission Meetings Mayor Rodriguez reviewed the history of the topic. Commissioner Orlove preferred alternative two without a time constraint and the hybrid of Boca and the County distinguishing between a public hearing and agenda item and whether the person wished to speak or not or simply indicate their support or opposition. It also has a reminder that paid lobbyists must register to represent a client. Motion Commissioner Orlove moved to accept alternative two, a hybrid between the City's form, Boca Raton's card and the County card and as stated. He also wanted only one card, rather than two. Commissioner Orlove stressed it was important to have a record and there should not be a time constraint. It is a mechanism for the Clerk to have a more accurate record of the information and the Mayor to manage the meeting. Mayor Rodriguez saw the filling out of a card during a meeting as being disruptive and more administrative duties during a meeting. He did not want to explore the card process any further and Commissioner Holzman agreed. Commissioner Holzman established the cards would become part of the record and attached to the minutes. Commissioner Hay inquired why the previous card system had been abandoned. Mr. Bressner advised it was a change in Mayors. Commissioner Hay supported some hybrid of the system, but did not want to penalize those individuals who cannot arrive by 19 Meeting Minutes Regular City Commission Boynton Beach. FL August 3,2010 6:30 p.m. The card would have some benefit to identify the individuals. Items that are public hearings cannot limit public input. The motion failed for lack of a second. C. Accept final rankings of CRA Applications and identify applicants to interview. Mr. Bressner explained the Commission should establish the breakpoint for interviews, and then the applicants would have to be contacted for their availability to participate in an interview. At least one candidate had a conflict with the date of August 24 being the primary election. Commissioner Hay wanted clarification on the process to be utilized. He suggested each candidate be given a specific number of minutes to present their reason for wanting to be on the Board and then specific questions asked. He wanted to eliminate any bias in the questioning of certain candidates. Commissioner Hay was prepared to make a decision based on the applications submitted. Commissioner Holzman noted the ranking system could prevail and the top seven be seated. Commissioner Orlove and Vice Mayor Ross were opposed to relying strictly on the rankings. An interview process was necessary. Mr. Bressner did feel a consistent process for all applicants needed to be created. It had to be done in a public forum. The process could be discussed further at the next meeting on August 17, 2010. Any suggestions or information from the Commissioners could be included in the agenda packet. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:32 p.m. (Continued on next page) 20 Meeting Minutes Regular City Commission Boynton Beach, FL August 3, 2010 ATTEST: 'tn. p~ CITY OF BOYNTON BEACH ,/ 21