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Minutes 08-17-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, AUGUST 17, 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 Vice Mayor Ross Mayor Rodriguez called the meeting to order at 7:07 p.m. Commissioner Hay gave the invocation followed by Vice Mayor Ross leading the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross wanted to move up the items under Legal, Item B and Unfinished Business, Item A. Attorney Cherof pointed out it would appear to expedite those issues; however, the public may view the agenda and time their appearance to coordinate with their interest in specific items. By moving the items forward on the agenda, it could alienate their ability to speak to the issue. Mayor Rodriguez made an executive decision to not move any items forward. Vice Mayor Ross pulled Item 6.E and 6.1 for discussion. Commissioner Orlove wanted to pull Item 6.1 for discussion also. Commissioner Holzman pulled Item 6.A. 2. Adoption Motion Commissioner Hay moved to adopt the agenda as amended. Commissioner Orlove seconded the motion. The motion passed. Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Motion Commissioner Holzman moved to recess the meeting and Commissioner Hay seconded the motion. The motion passed. Meeting recessed at 7:12 p.m. Meeting reconvened at 8:03 p.m. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Holzman announced August 26, 2010 would be the Art in Public Places Visioning Plan meeting to be held at the City Library in the Program Room and urged everyone to attend. Commissioner Hay advised he would be attending the League of Cities meeting in Hollywood, FL and requested any issues that could be addressed at the meeting be forwarded to the City Manager. Commissioner Orlove had attended the Chamber of Commerce event for the opening of Little Caesars and the Sand Sifters cleanup of Oceanfront Park on September 7, 2010. He encouraged others to participate the first Saturday of every month. Students could earn Community Service points. Vice Mayor Ross had attended the Little Caesars VIP Friend's party and was pleased to have a new business in the City. She had held a "Coffee with a Commissioner" event in her district and was proud to announce a wonderful sense of community and civic engagement was present in District IV. It was the first in a series. Chief Bingham attended as well as a representative from the Police Department, business owners and residents. She thanked the Chamber of Commerce for its support of the event. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 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) 2 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Mark Karageorge, 240A Main Boulevard, spoke on behalf of Brain Miller of the Community Relations Board and High School Athletic Director and Head Football Coach, Rick Swain. For the past two years the Commissioners had bought season tickets to support the Boynton Beach High School football program. Athletic programs get no funds from the school district or the City and are self-funded. The price is $25 for five home games. Last year was the first time that Boynton Beach High School made the playoffs. The academic standard of the football team had risen from an average grade point of 1.6 to 3.0 in two years. Mr. Karageorge commended Commissioner Hay for being the team Chaplain and being an inspiration to the players and the coaching staff. Mr. Karageorge was also pleased with the opening of Li'1 Caesars as a positive impact on the City. John Caparosa, 2424 N. Federal Highway, Condo President of the Inlet Harbor Club, made the Commission aware of the danger created by No U-turn signs on Federal Highway north of Gateway. The vehicles coming out of the gas station and heading north have been turning into the Condo driveway and making the turn to go south. Accidents will occur and he sought assistance from the City. Mayor Rodriguez directed Mr. Caparosa to Jeff Livergood, Director of Engineering and Public Works. He also noted Federal Highway is a State road. Commissioner Hay interjected that Mr. Livergood should review the traffic flow in and around St. John Missionary Baptist Church on Seacrest Boulevard due to the ongoing construction project. Jennifer Wink-Casey, representing the Community of Cedar Ridge, had spoke to Mr. Livergood earlier and commended the City for its prompt response to a serious traffic situation in their area. She added that traffic flow problems with the new charter school in unincorporated Palm Beach County had created problems with the industrial area just south of Miner Road. The businesses have been affected by traffic delays of as much as 45 minutes. The school buses cannot even get through. Her entire community and the commercial properties along High Ridge Road are directly impacted by the traffic jams in the morning and afternoons. Child safety issues were a major factor. She requested the City encourage Palm Beach County to remedy the situation. No one else coming forward, Mayor Rodriguez closed the public audience. 5. ADMINISTRATIVE A. Accept the resignation of Thomas Gresh, a regular member of the Recreation and Parks Board. 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Motion Commissioner Hay moved to accept the resignation of Thomas Gresh, a regular member of the Recreation and Parks Board. Commissioner Orlove seconded the motion. The motion passed. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Rodriguez nominated James Bowman as a regular member of the Veterans Advisory Commission. Motion Commissioner Holzman so moved. Commissioner Hay seconded the motion. The motion passed. Motion Commissioner Orlove moved to table the rest of the appointments. Vice Mayor Ross seconded the motion. The motion passed. C. Selection of Chair and Vice Chair of Financial Advisory Committee Mr. Bressner reported the first meeting had been held and David Madigan indicated he did not wish to be considered for either Chair or Vice Chair of the Committee. Mr. Jergensen was not at the meeting. Mayor Rodriguez noted Don Scantlan was the only member of the Committee who had attended all the budget meetings and recommended his appointment as Chair. Motion Commissioner Holzman moved to appointed Don Scantlan as Chair of the Financial Advisory Committee. Vice Mayor Ross seconded the motion. The motion passed. Motion Vice Mayor Ross moved to appoint Michael Madelana as Vice Chair. Commissioner Holzman seconded the motion. The motion passed. 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 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. Approve the Minutes of the Regular City Commission meeting held on August 3, 2010. Commissioner Holzman pulled this item for discussion. Commissioner Holzman requested the addition on page four that he had a discussion with Mr. Evans in which he had inquired how long the jobs would be located in the City of Boynton. Mr. Evans had responded the jobs would only be offered in Boynton Beach for a single year. Motion Commissioner Orlove moved to amend the minutes. Vice Mayor Ross seconded the motion. The motion passed. B. PROPOSED RESOLUTION NO R10-106 - Accept a Federal Fiscal Year 2009 State Homeland Security Grant in the amount of $9,000.00 and execution of the Sub-recipient Funding Agreement, providing sustainment training funds for Boynton Beach Fire Rescue FLUSAR Team #746. C. Approve the award of the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS Bid #058-1412-10/MFD to: US Construction Supply, Ferguson, HD Supply, Mainline Supply, Municipal Waterworks, Warner Plumbing and Sunstate Metering on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $60,000 for the contract period of August 20, 2010 - August 19, 2011 D. Accept the written report to the Commission for purchases over $10,000.00 for the month of July 2010. E. PROPOSED RESOLUTION NO. R10-107 - Approve support of immediate congressional action to authorize legislation allowing Property Assessed Clean Energy (PACE) Programs. 5 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 This item was pulled by Vice Mayor Ross for discussion. She stressed the PACE program was related to the Climate Action Plan that enhances the ability to leverage funding. The current legislation favors businesses more than residential. Motion Vice Mayor Ross moved to approve and Commissioner Hay seconded the motion. The motion passed. F. PROPOSED RESOLUTION NO. R10-108 - Authorize the acquisition and acceptance of a utility easement from the Banyan Springs Property Owners Association in consideration of the payment of $20,000 G. PROPOSED RESOLUTION NO. R10-109 - Approve supporting the Intracoastal Waterway Plan for Palm Beach County and establishing a working partnership agreement with the seven identified Marina Villages. H. PROPOSED RESOLUTION NO. R10-110 - Approve a one (1) year agreement with Counseling Services Institute, Inc. (CSI), the City's current Employee Assistance Program (EAP) provider, for confidential professional employee assistance services to the City of Boynton Beach employees and their dependents, for an estimated annual expenditure of $10,824. I. PROPOSED RESOLUTION NO. R10-111 - Approve an Interlocal Agreement with the Community Redevelopment Agency for Human Resources services. Vice Mayor Ross had pulled this item for discussion. She sought clarification that the agreement was now finalized. Mr. Bressner added there would be a reprogramming cost of $500 for HTE and the payroll portion. Tim Howard, Assistant Finance Director, advised it was a one-time setup charge for payroll library and $100 a month maintenance on the overall contract in addition to the charges already indicated. Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. The motion passed 4-1 (Commissioner Orlove dissenting). J. Approve the award of the "TWO YEAR BID FOR AUTOMATIC TRANSMISSION PARTS AND REPAIRS", Bid #045-1412-10/MFD to: FL. Worldwide Transmission as the primary and Oscar's Auto Repair as the secondary on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $25,000 for the bid award period of August 18, 2010 to August 17, 2012. 6 Meeting Minutes Regular City Commission Boynton Beach, FL August 17,2010 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R10-112 - Approve Addendum to Construction Services Agreement with 1950 Congress Avenue, LLC to exceed the authorized project amount of $429,750.75 by an additional $25,577.75 for the Old Boynton Road Utilities Improvements project for a final project total of $455,328.50 Mr. Bressner explained the issue was the initial project had been closed out; however, some water lines needed replaced, improved or upgraded. It was determined it was best to complete the changes while the pavement was torn up which resulted in exceeding the original contract price. The bulk of the work was paid for by the developer. The cost of the underground work had to be absorbed by the Utility Department. He supported the decision to install the new lines. Commissioner Holzman inquired why the expense was not built into the budget when it was known the lines were old. Pete Mazzella, Deputy Director of Utilities, responded there were a variety of line types in the area and some had substandard coverage or would have under the new roadway. Extra work and cost could have been undertaken to discover the issues before the construction began. The ultimate outcome would have been the same. He noted some lines were 40 or 50 years old and not well documented. Motion Commissioner Hay moved to approve Resolution No. R 10-112. Commissioner Holzman seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve Mediated Settlement in case Earl DeVaughn v. City of Boynton Beach, for $30,000. Chuck Magazine, Risk Manager, reported the case was mediated for medical and lost wages. There was not a defensible position for the City and if taken to Court the expenses and damages could be substantially more. He recommended approval. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 7 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof administered an oath to all those intending to testify on Items, A, B, C D and E and gave a brief overview of the procedure to be followed. A. TABLED ON AUGUST 3, 2010, JULY 20,2010 and JUNE 15,2010 - 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 Mayor Rodriguez inquired if the applicant was present since it had been tabled several times. It was determined Dr. Jaffe was present. Motion Commissioner Hay moved to remove from the table. Commissioner Orlove seconded the motion. The motion passed. Kathleen Zeitler, Planner, located the property in the Lake Eden subdivision, abutting the E-4 canal to the east. She described the layout of the site including a one-story, single-family residence. In 2008 variances were granted for the front and rear yard setbacks for a three-car garage. The request was to install a free-standing carport on the north end of the lot, to store a 20-foot bass boat. The variance would be to reduce the front setback and the rear setback. The carport would be 12 feet wide, 26 feet long and 7 to 8 feet in height. The structure would be anchored in a cement slab to meet wind loads of 140 mph. Staff reviewed the required criteria for a variance and found all the criteria were not met. A hardship did not exist because the situation was created by the applicant's desire to have multiple accessory structures on a small lot. Other options for boat storage are available without the need for the variance. Staff recommended the request be denied. In the alternative it was noted that placement of the proposed carport would allow for an adequate view along South Lake Drive. Abutting a canal in the rear allows greater separation between homes with no adjoining residence. No letters of objection to the proposed variances had been received. If approved, staff recommended two conditions of approval. First, the carport should be constructed as an addition to the three-car garage with the same architecture, building materials and colors to be more compatible. 8 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Two, the plan should reflect no carport overhang on the Lake Worth Drainage District E- 4 canal right-of-way or include a letter of authorization from the Drainage District. The applicant had indicated he did not agree with staff's recommended conditions of approval due to the cost involved. The Planning and Development Board voted 5-2 to approve the variance request subject to staff's recommended conditions. Dr. Steven Jaffe, 3416 South Lake Drive, remarked the recommendation for approval was to drop the roof and extend it out making it a more substantial structure. The car- port was more a mobile type structure. The additional cost would be significant. The bushes around the slab would hide the structure. Dr. Jaffe advised he was currently in negotiation with Lake Worth Drainage District to re-establish a fence along the canal to deter break-ins and vandalism. Ms. Zeitler confirmed there were residences across the canal from the subject property. Commissioner Holzman stressed it was a legal matter and certain statutes must be met for approval. Not approving the request would not cause a privilege to be denied. He supported assisting homeowners; however, the situation was caused by a previous variance given to the homeowner for another structure. The variance does not meet the statutory requ~rements. Mayor Rodriguez was concerned with the blending to the existing architecture of all the homes in the area. He could only support the request if it followed the recommendations of staff. Commissioner Orlove had visited the area and saw other boats sitting in driveways. He questioned if that type of storage was allowed. Ms. Zeitler noted boats are typically stored either in the driveway or on the side of the house. Homeowner Association rules may apply. There are no City regulations that restrict boat storage. Attorney Cherof stressed the boat has to be stored within the appropriate setbacks. Attorney Cherof remarked he agreed with staff that the applicant should meet each and every criteria for a variance to be granted. It was his opinion once staff recommended denial, no alternatives should be suggested. The conditions of approval would be inconsistent with their determination that a variance should not be granted. Attorney Cherof pointed out that the neighbors today may not oppose the variance, but those who may purchase neighboring homes in the future may object. The variances are permanent in nature regardless of the type of structure. He concurred with the recommendation for approval, but disagreed with any alternatives providing the conditions are acceptable to the applicants. 9 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Motion Commissioner Holzman moved to deny the request for relief. Vice Mayor Ross seconded the motion. The motion passed. B. Approve Habitat for Humanity (ZNCV 10-008) zoning code variance for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a minimum side yard setback of 10 feet, to allow a variance of 5 feet and a side (east side) yard setback of 5 feet; and, Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a., requiring a minimum rear yard setback of 25 feet, to allow a variance of 5 feet and a rear yard setback of 20 feet, for a proposed two-family dwelling (duplex) within the R-2 Duplex Residential zoning district. Applicant: Michael Campbell/Habitat for Humanity. Ms. Zeitler located the property within the Heart of Boynton redevelopment area. The property was acquired to construct a small residential development for low income families. The proposed lot would be Lot 2 in a proposed subdivision of three lots. Single-family homes were planned for Lots 1 and 3 with a duplex on Lot 2. The set backs could not be met for a duplex so a single-family residence should be constructed on Lot 2 also, unless variances on the setbacks were granted. The site plan was shifted to reduce the number of variances needed for the project. The floor plans show each unit would have three bedrooms and two baths and a one-car garage. The placement of the two garages would give the appearance of a single-family residence. All criteria for a variance had not been met. A hardship had not been established and other options were available such as a redesign of the duplex, reducing the size or constructing a single-family residence rather than a duplex. The applicant rejected the options. The need for variances is a result of the actions of the applicant rather than a hardship. Staff recommended the request be denied. In the alternative, granting the variance would be in harmony with the general intent of the ordinance and would not negatively impact the surrounding area. There is a history of variances in the neighborhood and non-conforming conditions. It would also have the appearance of conformity within the area. The project would provide neighborhood improvement and revitalization and provide new low income housing while promoting home ownership. No letters of objection to the variances had been received. There would be no conditions of approval. The Planning and Development Board voted to approve the variance request. Staff recommended denial. The applicant was not present. 10 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Commissioner Holzman thanked staff for the due diligence in reviewing the matter and stressed it was a legal issue. He echoed Attorney Cherof's belief that a recommendation should be made with no alternatives. Motion Commissioner Orlove moved to table to hear from the applicant. The motion failed for lack of a second. Motion Commissioner Hay moved to deny. Commissioner Holzman seconded the motion. The motion passed. C. Approve Gateway Hotel (NWSP 09-003) new site plan for construction of a four (4) story, 77,744 square foot, 108 room hotel on Lot 2, Quantum Park, in the Planned Industrial Development (PID) Zoning District. Applicant: John Vaughan, Art & Architecture, Inc. Ed Breese, Principal Planner, reviewed the request and located the property on Gateway Boulevard adjacent to the Hampton Inn. The applicant is the owner of Hampton Inn & Suites and is negotiating with hotel chains to locate on the neighboring site. The ingress and egress would be off Quantum Boulevard and a secondary route through the Regions Bank and the Hampton Inn & Suites sites by previously approved easements. The parking requirements were met and landscaping was appropriate. Staff recommended the landscape design include placement of taller shrubs along the east side of the hotel and the smaller areas of sod be replaced with shrub or ground cover not requiring irrigation. The project was in compliance with the maximum allowed height regulations. The signage was approved. Staff recommended approval subject to the conditions of approval. John Vaughan, with Art and Architecture Inc, advised he was in agreement with the conditions of approval and agreed to work with the Forester and Planner to remedy the concerns. Commissioner Holzman inquired about the status of the negotiations with other hotel chains. Mr. Vaughan indicated it would be one of the two national flags, Marriott or Hilton. Motion Commissioner Hay moved to approve subject to the conditions of approval. Commissioner Orlove seconded the motion. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 D. Approve the amendment of two (2) conditions of approval associated with the previously granted JR Watersports (COUS 10-003) conditional use approval for a 7,419 square foot new boat dealership, to extend the timeframe to complete all site improvements by six (6) months and to allow one (1) watercraft to be displayed forward of the front building line. Applicant: Mike Wood, South Florida Master Craft. Mr. Breese noted approval for the project was granted in July, 2009 and renovations of the building and the site were completed. The business was open. The applicant was requesting amendment of conditions of approval to allow one new boat to be displayed forward of the front building line during the hours of operation and allow an additional six months to complete the site improvements. The applicant desired to complete the improvement during his off season to cause the least amount of disruption to his operations. It would also allow the business activity to create revenue for the remaining improvements. All interior and exterior renovations to the building had been completed and site improvements including landscaping in front of the building, repair and replacement of the irrigation system, striping of the parking lot, installation of handicap parking spaces and associated ramp and site lighting. Placement of a decorative fence along the north edge, rear landscaping and drainage improvements were outstanding. Staff recommended approval based on the applicant's efforts to improve the property and found the reasons stated for the request to be valid. The boat to be displayed would only be visible during the hours of operation and would not create any problems with onsite circulation or parking. Michael Wood, 803 NW 11th Street, the applicant, was in agreement with all conditions of approval. Commissioner Orlove disclosed he had met with Mr. Wood and was impressed with the transformation of the building and site. It was the type of development or redevelopment that should be encouraged in the CRA district. He supported approval of the request. Commissioner Hay had also visited the site and commented it was a tremendous improvement and he approved of the request. Motion Commissioner Hay moved to approve subject to all conditions of approval. Commissioner Orlove seconded the motion. The motion passed unanimously. E. PROPOSED ORDINANCE NO. 10-020 - FIRST READING - Approve amendment of the Land Development Regulations Chapter 1, Article II Definitions to add a definition for dry cleaners, and Chapter 2. Zoning, Sections 6.F. and 6.H. to allow dry cleaners within all mixed use districts and requiring 12 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 conditional use approval if they clean or launder clothing on-premises. Dry Cleaners in Mixed Use (CDRV 10-006). Applicant: City initiated Mike Rumpf, Planning and Zoning Director, explained the proposed text amendment to amend the SMU zoning district. The SMU district was created to encourage and accommodate mixed-use development on a large scale in suburban areas, west of 1-95. A use list was created that would be compatible, but did not anticipate building designs or some buildings not having residential, proximity to residential and some uses now deemed appropriate. Safety issues involving a dry cleaning operation eliminated their use in the district. Additional information having been garnered from a proposed site at the Town Center Village project, including research into dry cleaning practices, brought the issue forward. Most dry cleaning operations include only a drop off and pickup facility with the actual dry cleaning done at a separate location. The research revealed the dry cleaning operation is fairly clean and the building can be retrofitted architecturally to accommodate the ventilation. The truck traffic would not be as severe as previously anticipated. Staff recommended the Code amendment be approved. Motion Vice Mayor Ross moved to approve the Ordinance. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. F. Approve LDR Re-write Group 8 (CDRV 07-004) code review pursuant to the Land Development Regulation Rewrite Work Schedule, including: Chapter 1, Article VII Administrative and Decision Making Bodies; Chapter 1, Article VIII Appeals; Chapter 1, Article IX Notice of Intent; and all applications administered by the Planning and Zoning Division. Applicant: City initiated. Mr. Rumpf reviewed the last group of the deliverables in connection with the Land Development Regulation (LDR) rewrite project. It included descriptions of the Commission, the Local Planning Agency, the Advisory Boards and how they work and contribute to the review function. There was some reformatting and rewording without much content change. The process was updated to reflect the operations today. The applications were simplified to remove some administrative aspects, except under the advice of the City Attorney to have the Commission approve the redrafted applications. Motion Commissioner Orlove moved to approve LDR rewrite Group 8, CDRV 07-004. Commissioner Hay seconded the motion. The motion passed. 13 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 10. CITY MANAGER'S REPORT A. Accept the Budget Status Report of the General Fund and the Utility Fund for the ten (10) month period ended July 31,2010. Mr. Atwood reported the revenues were on target. The General Fund has been funded by transfers from other funds and $15 million of transfers would not be available next year. This year was as anticipated. The expenditures were also on target. The pension payments have been made up-to-date on a cash basis by changing the methodology to reduce the cost. The Utility Fund budget was decreased by 8% for revenues and expenditures. The previous rate increase would support the bond coverage. Motion Vice Mayor Ross moved to accept the report and Commissioner Orlove seconded the motion. The motion passed. B. Accept the following Report on the Neighborhood Stabilization Program Mr. Bressner reported good progress had been made and the CRA had dealt with the $400,000. He anticipated the City would make its target. Mayor Rodriguez inquired if any properties were being bought in either the Preserve or Crossings developments. Octavia Sherrod, Community Improvement Manager, indicated the goals had been exceeded without looking into those developments. Quintus Greene, Development Director, reported if the $400,000 that was given to the CRA was not utilized, homes in those areas would have been considered. Mr. Bressner inquired if additional monies were anticipated it would be imperative to focus on the Preserve and the Crossings that have a disproportionate share of foreclosures in a geographically compact area. Ms. Sherrod felt confident there would be another round of Neighborhood Stabilization Program funding. Vice Mayor Ross clarified that 19 homes have been purchased with three of those having pending legal issues. Ms. Sherrod related there were nine in District IV and seven in District II. The three with title issues are in District II. Motion Vice Mayor Ross moved to accept the report. Commissioner Hay seconded the motion. The motion passed. 14 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 11. FUTURE AGENDA ITEMS A. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (September 7,2010) B. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) C. 1st 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 D. 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 E. 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 F. Construction Management At Risk Process (September 7,2010) G. Live Entertainment Ordinance - First Reading - TABLED ON July 20,2010 and August 3, 2010 - (TBD) H. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) 12. NEW BUSINESS None 13. LEGAL A. Consideration of Interlocal Agreement with Palm Beach County to subject the City of Boynton Beach, its agencies and advisory boards to jurisdiction of the Palm Beach County Commission on Ethics. Attorney Cherof explained the draft agreement was provided and the next step would be for the Commission to decide to proceed in advance of being compelled to proceed through a County-wide referendum to participate in the process. 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Commissioner Hay thought it would be best to proceed based on recent developments on the County level. If the referendum was approved in the November election, Commissioner Hay wanted to know if the agreement would have to be restructured. Attorney Cherof advised it would not and the transition would be under the same jurisdiction with or without an interlocal agreement. Mayor Rodriguez established that regardless of the action of the Commission, the issue would remain on the ballot for consideration. Attorney Cherof noted entering into an agreement before the issue appears on the ballot may influence the voters. Mr. Bressner added if the voters turned down the referendum, the legislative decision of the Commission to approve the agreement would prevail. Commissioner Hay saw it as an opportunity for Boynton Beach to set the pace among all municipalities. Mayor Rodriguez stressed there are State, County and City ethics currently in place, but they do not stop people from being unethical and neither would the new agreement with the Commission on Ethics. It had to be within the individual to be ethical. Attorney Cherof needed direction on the elements of the agreement. It was unclear whether or not there would be a pass-through charge. If the concept is acceptable, the next step would be to authorize exploration of the agreement to assure the parameters and obligations are clear. Commissioner Holzman cautioned the referendum, if approved, would negate all the issues resolved in the agreement under consideration. Attorney Cherof agreed. Although Commissioner Holzman supported the concept, he felt it would be futile to enter into an agreement at this time when it could change in three months. Attorney Cherof added there were many nuances to the agreement that needed clarified and the Commission on Ethics would be learning its processes at the same time. There should be safeguards built into their process, through the agreement, so the Commission individually or collectively does not become the test cases for the Commission on Ethics to establish their power and authority. Commissioner Hay emphasized the City of Boynton Beach should take the lead as it has in many other areas. Vice Mayor Ross recalled Mr. Johnson had spoken to the Commission and explained the responsibilities of the Commission on Ethics and the role of the newly appointed Inspector General. Mayor Rodriguez summarized the options were to have the City Attorney explore the parameters of an agreement or wait until the November election that will decide the issue. Waiting would save the time and expense of City staff reviewing an agreement that would be null and void after the election. Attorney Cherof advised there was approximately 10% of the agreement that needed further exploration for an agreement that would meet the needs of Boynton Beach. There would be no money involved in exploring the agreement and getting the necessary information. 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Commissioner Orlove asserted the City would have the advantage of research and review of an agreement that would relate to a County ethics ordinance and how it would impact the City of Boynton Beach. Attorney Cherof agreed and another benefit would be the City Manager and City Attorney would have the knowledge of ongoing negotiations to better understand the application to Boynton Beach. Mr. Bressner added the Commission on Ethics did not have an agreement with any other municipality. Motion Commissioner Orlove moved to direct staff to work out with the County more detail on the Interlocal Agreement. Commissioner Hay seconded the motion. The motion passed. B. Discuss and take action regarding Commission (a) approval of the CRA budget and (b) inclusion of CRA budget in City Budget. Attorney Cherof explained the CRA was another form of special district that, by statute, the budgets are included in the City budget unless the Commission decides otherwise. It has not been an issue because the Commission and Board are governed by the same individuals operating two connected entities. The CRA would be subservient to the City Commission. The difference would be the fact the Commission is transitioning to an appointed board that coincides with the adoption of a budget. Commissioner Hay contended an independent CRA Board should include an independent budget. The new Board can handle the budget just as the Commission acting as the CRA Board has done. He did not feel another layer of approval would be necessary and would not support the inclusion of the CRA budget in the City budget. Attorney Cherof pointed out the term "independent board" does not appear in the Statute or regulations. The process of selecting members to serve on the Board would not create an "independent board". It is simply a special district within the City and can be included in the budget. The extent of power granted to the Board is mostly dictated by the Statute. Attorney Cherof felt it was misleading to continue to refer to it as an "independent board". The Commission can create or take away the Board which contradicts being an "independent board". Commissioner Orlove reported he had received numerous calls on the creation of the Board and did not feel the intent was the Commission having the final say on every matter coming before the appointed board. He understood, as the elected officials, having final approval of CRA budget. A board would be appointed that handles an $8 million budget without any oversight by an elected, official body having authority over their budget. He supported approval and inclusion of the CRA budget with the City 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Commission and its budget to reinforce working together. If issues have to be re- examined the City Commission should have the final approval. Mayor Rodriguez envisioned the CRA Board would build their own budget and it would ultimately be approved by the City Commission. Commissioner Hay wanted clarification on any limitations that would apply. Attorney Cherof explained it would not be an item by item approval throughout the year. It would be an annual appropriation of funds. The Executive Director of the CRA would still present the budget to the Board that would ultimately be presented to the Commission for inclusion and adoption annually. Attorney Cherof reiterated as the year progresses and projects move forward, the CRA Board would still have authority to make budget adjustments throughout the year. The transfer of funds within a budget year would require a resolution for modification of the budget allocations. The Commission would then have to approve the change to conform to the original adoption of the budget. It could be a hindrance or a safeguard and probably a little of both. Mr. Bressner noted it would require the CRA Board to stay within its budget and the approved spending plan for the year, recognizing priorities may change as well as funding needs. Commissioner Hay inquired if there would be a dollar amount that constitutes the need for a budget change. Attorney Cherof advised it would be a policy decision of the Commission and the CRA Board. The concept of approval and inclusion of the CRA budget with the City Commission reflects the two bodies are intertwined and should work together toward a common goal. Motion Commissioner Holzman moved to approve that the City Commission approve and adopt the CRA budget approved by the CRA Board. Commissioner Orlove amended the motion that the CRA budget be included in the City budget and adopted at the same time. Attorney Cherof asked that the words, "for fiscal year 2010/11" be included in the motion so the issue can be reviewed each year. Commissioner Orlove amended his motion that it would be for 2010/2011 subject to an annual review by the City Commission. Commissioner Hay seconded the motion. Commissioner Hay inquired if the parameters would be clearly defined in some type of document. Attorney Cherof explained this year the CRA Board and the Executive Director will be asked to send the budget to the Finance Department. Mr. Atwood interjected it would create a logistical problem to satisfy the TRIM requirements of the State to include in the budget. Approving the CRA budget would be one thing, including it within the City's budget would be totally different. Attorney Cherof clarified the Statute indicates, "It shall be clearly stated as the budget of the dependent district". Commissioner Orlove further amended his motion to say, the City Commission would have approval of the CRA budget and also by separate resolution adopt and approve 18 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 the CRA budget for 2010/2011 and that the City Commission have authority to approve subsequent CRA budgets. Commissioner Hay seconded the motion. The motion passed. 14. UNFINISHED BUSINESS A. Discussion of the interview process for Community Redevelopment Agency (CRA) Board candidates to be held on Tuesday, August 24, 2010. Mr. Bressner indicated there were logistical problems with the current plan for the interview process. Former Mayor Taylor had withdrawn his application for consideration leaving only nine candidates. The availability of the nine candidates for the interviews revealed Mr. Cairo had prior commitments and Ms. Hogan would only be available after the close of elections and her responsibilities as a poll worker. Commissioner Hay wanted to move the next person up to complete a list of ten for interviewing. He had no problem putting Ms. Hogan last on the list. The timeline had to be considered if Mr. Cairo was eliminated because of his unavailability for whatever reason and another individual added to complete the list of ten. Ed Cairo, 822 SW 33rd Place, clarified it was a business trip planned several months ago for the 24th, 25th and 26th that could not be changed. He was available before or after those dates and would appear as directed. Commissioner Orlove did not feel it would be fair to knock Mr. Cairo out of the process because he has a commitment. He did think Ms. Revia Lee should be moved up and keep Mr. Cairo in the process. After hearing Mr. Cairo, Commissioner Hay agreed with Commissioner Orlove regarding Mr. Cairo. Vice Mayor Ross agreed also. Mr. Bressner suggested if another date would be utilized that Ms. Hogan be moved to the alternate date also and perhaps Ms. Lee depending on her availability. Vice Mayor Ross concurred with the proposal. Commissioner Orlove surmised there may not be sufficient time to conduct all the interviews in one night anyway, so a second night may be necessary. Discussion ensued on the availability of the Commission and when to conduct the interviews in con~unction with the timeline. It was determined the interviews would be held on August 24t and again prior to the September yth regular Commission meeting. There was consensus the appointments would not be made on September yth. The appointments would appear on the September 21st agenda. Mr. Bressner opined it would be beneficial if the candidates would recuse themselves from sitting in other interviews. The candidates cannot be excluded from the process, but it could be recommended they voluntarily wait outside the meeting room. Commissioner Holzman foresaw a conflict if a candidate did hear all the interviews and that same candidate was not selected. Attorney Cherof reiterated the candidates cannot 19 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 be excluded and the methodology used to select the members would be unknown and would not create any form of liability, in his opinion. The prior process that was used to appoint a board was reviewed by Mr. Greene who had participated in the selection. He explained the Commission asked him to send invitations to people to apply for the Board. A decision had been made to go with a seven-member board with two appointed members to the original City Commission. When they transitioned to a completely independent board, Mr. Greene invited and interviewed the candidates and then made a recommendation to the Commission. He interviewed 10 to 15 individuals. All but one of his recommendations were accepted. A majority vote of the Commission was needed to accept Mr. Greene's recommendations as a group. The two members sat for six to nine months with the Commission before transitioning to the full seven-member board. The first two members added were chosen by the Commission. Mr. Greene suggested a matrix be created and the candidates scored as they are interviewed and pick the seven highest scores. Mayor Rodriguez pointed out the first matrix scoring revealed very distinct differences in how the candidates were rated. Ultimately each member would have to be nominated. Commissioner Orlove felt it should be an up and down, majority vote on each candidate and not use a matrix. Commissioner Hay noted the top seven at this stage could change during the interview process. There was lengthy discussion on various scenarios of nominating and selecting the board members. It was decided the names of all ten candidates would be placed in a hat and as each name was pulled, a majority vote would be needed to select a Board member. B. Review of City policy position on WXEL sale. Vice Mayor Ross excused herself from the dais due to a conflict of interest. Commissioner Orlove disclosed he was a member of WXEL. He indicated he was dismayed by many remarks from Mr. Evans and not impressed with some of his answers. He felt the Commission should take more of an advocacy role regarding the proposed sale of WXEL FM to Classical South Florida. Mayor Rodriguez remained cautious of the Commission's involvement and sought guidance from the City Attorney. Attorney Cherof advised the Commission should be extremely cautious about intervening in a private transaction. The entity does provide public service; however, it did not change the character of a private transaction. He recommended any individual member of the Commission could communicate with the State on the issue. Collectively the Commission should defer from intervening in the action. 20 Meeting Minutes Regular City Commission Boynton Beach, FL August 17, 2010 Commissioner Holzman indicated he was appalled with Mr. Evan's comments and particularly the fact in a year the jobs would no longer be in Boynton Beach. He recommended all the Commission make their own communications. Attorney Cherof noted the only thing previously communicated was the Commission was aware of the transaction pending and it was of public importance in the City of Boynton Beach. There was consensus that a letter could be drafted for signature by any or all of the Commissioners who agreed with its content. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez adjourned the meeting at 10:16 p.m. CITY OF BOYNTON BEACH ~ . ~-- ~ yor ATTEST: WJ.~ 21