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Minutes 03-06-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 6, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L Hay, Mayor Lori LaVerriere, Interim City Manager William Orlove, Vice Mayor James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation by Dr. Solomon Rothstein, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ross Mayor Hay called the meeting to order at 6:32 p.m. followed by Dr. Solomon Rothstein offering the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Ross. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman requested Item 11.A be moved forward on the agenda to be discussed just prior to Section 10, City Manager's Report Mayor Hay agreed. 2. Adoption Motion Vice Mayor Orlove moved to approve the agenda as amended. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Mayor Hay remarked he had attended the Boynton Beach Veterans Council ceremony between France and the United States, awarding the Medal of Honor to the first woman. He had also attended the workshop for the International Kinetic Art Symposium to be held in 2013. The Mayor had given a State of the City address at the Village Royale on the Green homeowners' meeting and his speech was very well received. Commissioner Ross had attended the Arts Workshop and thanked Debby Coles - Dobay, Public Art Administrator, for her presentation and preparation. Commissioner Ross announced the Police Department Spring Fest 2012 to be held on March 24 at Boynton Beach High School that included the South Florida Police Canine competition. Vice Mayor Orlove had attended the opening day events for the Little League and the fundraiser held at the Schoolhouse Children's Museum to benefit the International Kinetic Symposium and the Museum. There was also an event and exhibits in the Art District that he attended, as well as the Movies on the Ave. There were many good things happening in the City. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Proclaim March 22, 2012 as All People's Day Mayor Hay proclaimed March 22 as All People's Day in Boynton Beach and urged everyone to attend the multi - cultural events to be held on March 31 Susan Berkowitz - Schwartz urged everyone to attend and celebrate the diversity of the area. B. Proclaim the Month of March 2012 as Boynton Beach Fire Rescue Appreciation Month A proclamation was read regarding the Muscular Dystrophy Association's (MDA) fundraiser to be held during March 2012 in conjunction with the Boynton Beach Fire Rescue. The fill- the -boot campaign is the MDA's largest source of funding in Palm Beach County. Chief Carter urged all citizens to give a monetary contribution or an indication of their support to find a cure for the disease. Brandy Miller, from the MDA, thanked everyone for their support. The Association covers 43 neuromuscular diseases and ALS. They provide such things as repairs to wheel chairs, communication devices, leg braces through the loan closet, to meet the needs of the families and a summer camp for kids. The support of the community is essential to their success. She presented certificates of appreciation to Chief Carter and the Commission members C. Proclaim March 10, 2012 as Sigma Gamma Rho Sorority Youth Day. Accepting the proclamation will be Annie Ifill. Mayor Hay proclaimed March 10 as Sigma Gamma Rho Sorority Youth Day to be held at the Charter School of Boynton from 10 a m. to 2 p.m. It is a free event for all youth 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 on March 10, 2012, in conjunction with other Sororities across the nation to promote healthy life styles and healthy choices. Annie Ifill, of Sigma Gamma Rho Sorority, encouraged all youth to participate in the event to create healthy generations. D. Proclaim the week of March 5 - 11, 2012 as Pathways 2 Prosperity Week. The week of March 5 was proclaimed Pathways 2 Prosperity week to assist a local 501(c)(3) non - profit organization that serves as a local hub for creating after school programs, ESOP classes, computer classes, fitness and nutrition programs. It is a resource that feeds many of those in need in the community and provides discount bus passes for those without transportation. It is supported by the Children's Services Council and many other service organizations throughout the County. It serves all those in need from the cradle to the grave. E. Citation for Mrs. Trudie Hands Ms. Trudie Hands was born in 1906 and lived in Boynton Beach from 1936 until she became ill and moved to Georgia to be with family. She was a member of the St. John Missionary Baptist Church and served in many capacities throughout the years. She was a maid who had a tender heart for young people and owned a neighborhood grocery store and later a bed and breakfast. She was instrumental in getting the roads paved in the Heart of Boynton and provided transportation for many. She passed two days before her 106th birthday on February 6, 2012. Ms. Diehl, a dear friend of Ms. Hands was present to accept the citation and recalled the tenderness and generosity of Mrs Hands who had led a good and fruitful life. F. Art in Public Places Annual Presentation - Program Overview for FY 20011/2012 Debby Coles - Dobay, Public Arts Administrator, thanked the Commission for supporting the Art in Public Places program and the Arts Commission advisory board members. A video presentation was shown highlighting the art program that is displayed throughout the downtown area and entire City. Mayor Hay thanked Debby Ms. Coles -Dobay for her efforts and hoped others would want to get more involved in art in the City. G. Announce closed -door session to be held at 5:45 p.m., March 20, 2012 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011 CA014815XXXXMB(AJ) Mayor Hay announced the closed -door session to be held prior to the next Commission meeting at 5:45 p.m. 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 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) Sister Lorraine Ryan, of the Women's Circle, a 501(c)(3) charitable organization, helps young women get jobs. The staff has been able to help 15% of the participants to acquire employment. The classrooms have now surpassed their capacity and the organization would be expanding. The moratorium in effect may prevent the organization from acquiring building permits and she asked for an exception. Dan Liffman, Staff Assistant to Alcee Hastings, read a letter from Congressman Hastings honoring Trudie Hands' memory and the accomplishments of her 106 year life. She was a role model for everyone David Katz, 57 Midwood Lane, thanked Mayor Hay for moving the podium to allow a more public oriented forum. He also advised the former Mayor had filed for a non - speedy trial resulting in Woodrow L. Hay continuing to be Mayor until March 2013. Victoria Costello, 406 S. Seacrest Boulevard, was thrilled to learn WXEL TV would stay local. She had read in the newspaper that there was a sober house on South Seacrest Boulevard rather than in a mixed -use area. The newspaper corrected the information and she was glad the facility was not on South Seacrest Boulevard. Charles Lupkee, 737 Sunny South Avenue, in Sunny South Estates, indicated there was a problem with junk and extensive trash around the water storage area along Miner Road that bordered his property. He had extensive communication through Customer Service and Utilities. He requested the area be cleaned up as soon as possible. Michael Byrd, 416 NW 3rd Avenue, spoke on behalf of East Boynton Wildcats, a youth football program. There were over 300 kids in programs for ages 5 to15 with a cheerleading and football program. There were 85 volunteers in the program. The five and six year olds won the Super Bowl for the City of Boynton Beach. Several cheerleading teams placed second and third in the cheerleading competition and won the Park of the Year Award, as did the football team. More invitations would be coming to all the events. Dr. Piotr Blass, 113 West Tara Lakes Drive, mentioned all the positive momentum that was apparent in the City of Boynton Beach including the new classical radio station. His endeavor to form the University of Boynton Beach included musicality, arts, mathematics and physical education. He would proudly represent the City of Boynton with a lecture at Florida Atlantic University on his research on predicting earthquakes. 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Jack McVey, 1729 Banyan Creek Court, thanked Vice Mayor Orlove for attempting to throw the first pitch for the Little League season and congratulated the Wild Cats football program for a great season. This year was the 55 opening day for the Boynton Little League. The teams were grateful for the support of the Commission and the City. The Fire Department Honor Guard also attended the opening event and sponsored a team called "The Blaze ". Brian Edwards, 629 NE 9 Avenue, complimented the Police Chief and Interim City Manager for standing up for what is right for the City. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Mayor Hay nominated Robert Bucella to become a regular member of the Code Compliance Board. Commissioner Ross seconded the motion. Vote The motion passed unanimously. B. Appointment to fill the District II Commission temporary vacancy Mayor Hay requested each of the five candidates for the vacancy, Anthony Barber, Buck Buchanan, Mack McCray, Brian Miller and Victor Norfus, stand and be recognized. Brian Miller was not present. Commissioner Ross understood Floyd Zonenstein was also a candidate. The City Clerk's office had not received any information on Mr. Zonenstein's interest. Vice Mayor Orlove recalled an email that indicated his desire to be a candidate. Vice Mayor Orlove inquired of Attorney Cherof what would happen if the vacancy was not filled. Attorney Cherof replied the Commission would have to continue to seek to fill the vacancy It is not a permanent vacancy and therefore an election was not possible since Mayor Hay could possibly return to the seat during its term. The practical application of the language of the Charter is that the Commission must continue to attempt to fill the vacancy. 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Mayor Hay contended the Commission should accept the name of Floyd Zonenstein for consideration. Vice Mayor Orlove and Commissioner Ross accepted the inclusion of Floyd Zonenstein. It was decided the names would be called in alphabetical order. There was no motion to appoint Anthony Barber. Motion Vice Mayor Orlove moved to appoint Buck Buchanan to fill the vacancy in District II Mayor Hay passed the gavel and seconded the motion. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). Motion Commissioner Holzman moved to appoint Mack McCray to the open vacancy. Mayor Hay passed the gavel and seconded the motion. Vote The motion carried 3 -1 (Vice Mayor Orlove dissenting). City Clerk Prainito administered the Oath of Office to Mack McCray as District II Commissioner. Commissioner McCray thanked the Commission and remarked he wanted to move the City forward and was ready to work. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R12 -020 - Approve an Interlocal Agreement with the Town of Gulfstream for a Water Main Interconnection B. Accept the status report and allow the Boynton Beach City Library to continue its Materials Recovery System agreement with Unique Management Services, Inc. 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 C. Approve the minutes from the City Commission regular meeting held on February 21, 2012 D. Approve the "SURPLUS LIST /BOATS /MOTORS" as submitted by the Police Department and allow for the disposing of the items by consignment. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID #026- 2821- 12 /JMA to Brenntag Mid -South Inc. of Orlando, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $130,000. This product will be ordered on an "As Needed" basis. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion Vote The motion passed unanimously. 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. 12 -004 - FIRST READING - Approve Seabourn Cove Phase I I rezoning (REZN 12 -001) of subject property to replace an expired PUD (Planned Unit Development) master plan for 121 townhome units with a new PUD master plan consisting of 148 multi - family rental units. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc. Kathleen Zeitler, Planner, reviewed the request to replace an expired PUD Master Plan with a new PUD Master Plan via the rezoning process. The proposal was for 7 4 acres extending between South Federal Highway and Old Dixie Highway, near Miller Road. The owners have Seabourn Cove Phase I that is currently under construction. The proposed master plan has 148 multi - family dwelling units at a maximum density of 20 du (dwelling units) per acre within 14 three -story buildings with amenities and parking. 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 The special high density residential land classification would remain. The units would be rentals with an option to convert to condos in the future. There would be gated access with sufficient parking and pedestrian connectivity. More than one -third of the property would be green space and there would be a linear park along Old Dixie Highway to connect both phases of Seabourn Cove PUD. Staff recommended approval. Bradley Miller, Miller Land Planning Consultants, representing the applicants, located the property and described the proposed development. There would be many amenities with a central courtyard and access off of Federal Highway with circulation all the way around the site. There would be three and one -half times more landscaping than required. The buildings would be identical to Phase I that have been approved and permitted through the Building Department. The developer would be landscaping the 50 -foot strip along Dixie Highway and create a linear park to connect the two components of the project. There would be shelters, play areas and picnic areas for everyone to use. The project will be a green type of development and with the approval it would become the largest, gold -rated project in the State of Florida. There will be enhanced air quality filtration, less energy used and approximately twelve green features in total to be incorporated into the project Commissioner Holzman questioned if lighting along the 50 -foot strip would be included in the site plan discussion. Mr. Miller responded the developments would light the area. There were no specific criteria for lighting the park itself. Commissioner Holzman suggested some lighting be considered. Mr. Miller countered the developer felt the available lighting would be sufficient. Commissioner McCray inquired if the developer would support lighting in the area and Mr. Miller speculated they would. Commissioner Ross mentioned some local residents had expressed safety concerns and wondered if they had been satisfactorily addressed. Mr. Miller advised residents voiced concern about the traffic along Dixie Highway and the pedestrian ways. The builders and contractors were doing everything they could to prevent the truck traffic going through the neighborhoods. Vice Mayor Orlove disclosed he had spoken with Mr. Miller and had contact with Mr. Weiner. Vice Mayor Orlove wondered if the park would connect the two phases border to border. Mr. Miller replied it did and there was no existing sidewalk. The development was being marketed as a rental community and the units were built so they could be converted to condos if the market improved. There are more units than originally proposed by the previous owners. Attorney Cherof read Proposed Ordinance No. 12 -004 by title only, on first reading. 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Motion Vice Mayor Orlove moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. (Item 11.A was discussed at this point) 10. CITY MANAGER'S REPORT A Accept the first quarterly status report of the City of Boynton Beach Economic Development Program Implementation for the 4th quarter 2011. Ms. LaVerriere recalled the Commission had approved an economic development initiative to establish the ultimate economic development plan. Quarterly reports were agreed to be provided. Nancy Byrne, Interim Development Director, reported from October 18 to the end of December, the City -wide Kickoff Team was organized and the Notice Of Intent (NOI) and moratorium was requested. The time period would allow staff time to review the commercial, industrial and other special districts throughout the City to determine use mixes, land use designation, compatibility with the zoning matrix, comparison to the County, Districts and overlays and evaluation of the zoning maps for economic diversity. It includes the identification of not - for - profit and religious uses. Places of worship were subsequently excluded from the NOI. Five staff members were working on the project for approximately 30 hours total a week and it was anticipated it would involve over 400 hours by its conclusion in May. They examine all possible fluctuations and are moving forward. It is very important to have enough time to allow staff to evaluate the uses on the ground. In the first quarter, there was a temporary suspension of workforce housing requirements for a period of two years, expiring November 15, 2014, to offer an incentive for new residential development. The Palm Beach County universal building permit application has been adopted to streamline the permit process. Business Tax information has been distributed monthly to the Community Redevelopment Agency and the Greater Boynton Beach Chamber of Commerce and is publicly available on the City's website. Monthly reports are made on permits greater than $100,000 in construction value and the figures reflect a boom in construction activity over the last year The revenues in the Building Department would exceed the projected budget. The revenue for building permits, the business tax receipts and planning and zoning revenues have increased dramatically. 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Ms. Byrne reinforced the branding is critical to the Tong -term efforts of economic development that needs a cohesive message. The Kinetic Art Symposium will be a boost to the area and to economic development. Ms. Coles -Dobay should be commended. Incentive packages were being developed. Commissioner Ross inquired how the Business Development Board (BDB) would be involved. Ms. Byrne replied the applications for the "shovel- ready" projects and how they are designated has been reviewed in conjunction with their implementation within the City. Potential annexation areas are being studied that may contain shovel -ready projects. The BDB needs that type of data to offer to potential businesses coming into the City. Commissioner Ross emphasized the Coalition of West Boynton Residential Associations (COWBRA) could be helpful also. She routinely visits businesses and seeks their input on coming to the City of Boynton Beach. Many agencies can be helpful in spreading the word about Boynton and reaching out to business owners to get involved with the Commissioners. Vice Mayor Orlove pointed out the figures on revenues and permit requests would be good data to have on a regular basis to enlighten the citizens. Commissioner Holzman inquired if the Economic Development Plan had progressed enough to assist small business owners with rent subsidies or build -out grants to encourage businesses to come to Boynton Beach Ms. Byrne needed to meet with the Interim City Manager and CRA Executive Director to design legislation for the Commission to approve, to put the programs in place and allocate funding. Commissioner McCray wanted a list of names of people working on the project. Ms. Byrne asked that the Commissioners act as ambassadors for the program and encourage any businesses to come to the Development Department as soon as possible. Motion Commissioner Ross moved to accept the first quarterly status report of the City of Boynton Beach Economic Development Program implementation. Commissioner Holzman seconded the motion. Vote The motion passed 4 -0. (Vice Mayor Orlove was not present on the dais) (Commissioner Holzman left the meeting.) 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Commissioner McCray requested the Interim City Manager prepare a list of all the interim managers, and all interim directors so they can be moved to the proper positions (Vice Mayor Orlove returned to the dais and Commissioner Ross left the dais) B. Approve Brand Promise and authorize staff to move forward with implementation of the Brand Blueprint Ms. LaVerriere explained the Commission had authorized staff to develop a brand promise to develop a marketing program on the attributes of the City. A committee from the business community was established to work on the task. It was staff assisted. (Commissioner Ross returned to the dais) Carisse LeJeune, Interim Assistant City Manager, introduced Ms. Dale Carlson of Dale Carlson Marketing and Communications Services, the consultant who facilitated the stakeholder process resulting in the brand promise. A short video was viewed describing the purpose and experiences of working on a brand committee and creating a brand promise. The Economic Development Program and the Arts Commission program tie in perfectly with the brand promise. The brand promise was created by the citizens to find the City's unique attributes, experience and perceptions. The brand initiative began in October 2010 to develop the brand promise that then evolves into the brand blueprint that consists of the action steps. The Palm Beach County Convention and Visitors Bureau is using a logo that says "Breeze into Boynton" to begin to promote a collection of municipalities throughout Palm Beach County as part of the overall destination. A survey was distributed to residents and businesses resulting in a wide range of responses. The perceptions were dissected for their reality value and it was found Boynton Beach has the second lowest crime rate and the largest reduction in crime in ten years. There have been exciting changes in the downtown while maintaining the perception of being a fishing village originally. The CRA hosts over 30 free events in the downtown area. There are new buildings, parks, a new school and art installations. Many of the programs are receiving national attention as well. The target markets include retaining current residents, new businesses, new residents and attracting those driving along 1 -95 The Boynton Beach exit off 1 -95 is the closest exit to the Atlantic Ocean from Maine to Miami. Competition for the target markets is primarily within Palm Beach County. The research indicated Boynton Beach was better than the competition. Data was analyzed on all communities to make a comparison and understand the competition. Boynton Beach is the coastal heart of Palm Beach County. The quality of life issues rate Boynton Beach 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 high on the scale and the Atlantic Gulfstream comes closest to the United States coastline in Boynton Beach. The benefits are the nice breezes and warmer water in the winter, larger fish and the amazing blue color of the water. Ms. Carlson introduced the brand promise and concluded it was time for developers, planners, realtors and everyone to take a look at Boynton Beach. It is nestled in the coastal heart of Palm Beach County and serves up abundant shopping and lively entertainment. Recreation is a lifestyle and it is a creative haven embracing writers, artists, entrepreneurs and dreamers. It has a business friendly environment offering business opportunities and incentives for sustainable growth. It has a cultural mosaic of diverse, affordable neighborhoods with excellent schools. "Catch a wave, catch a fish, catch your breath and breeze into Boynton, America's gateway to the gulfstream " The brand blueprint would introduce the brand promise to the world at a nominal cost. Palm Beach County buses would be wrapped with the slogan, Breeze into Boynton. Ms Carlson emphasized Boynton Beach is the second most affordable community in coastal Palm Beach County. She thanked the committee for their hard work. Commissioner McCray wanted the Interim City Manager to explain what was being done to reach out to the Chamber of Commerce with the "Breeze into Boynton" concept. He wanted backup data on the assertion that the City has the lowest crime rate since 2010 and include information on 2011. He also wanted to know what effort was being made to assist the schools and principals to improve the schools. Ms. Carlson stressed that of the cities studied, they all had the same number of five -star rated schools. Commissioner Ross remarked the wording was very powerful and creative. She suggested pictures of the Golf Course and the Audubon designation be included. No other area golf courses have been rated number one by Golf Digest. The "catch a ... " phrase was used for scene setting only. Commissioner Ross was not sure it was appropriate. She commended the committee for their efforts. Vice Mayor Orlove thought some of the phrases and words were very poignant and the "catch a ..." phrase could be building blocks for anything rather than used as a tag line. He was interested in the next step that could be projected to others. Ms. Carlson advised the terminology could be changed to apply to the situation. One of the first things would be to identify one City staff member to be the brand representative and recommended a position be added to implement the message. A committee of marketing volunteers from within the community should be established to work with the City to put the promise on the road and make presentations to introduce the promise. The City employees should be introduced to the promise and understand how it interacts with their jobs and the residents. The new web site should be unveiled and the brand should be used for all special events. Many of the citizens do not know the positive aspects of the City and should be contacted through social media, neighborhood newsletters and build a data base to distribute the good news and events 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 in the City of Boynton Beach. Other promotional materials can be added when a marketing plan is fully developed. Mayor Hay liked the enthusiasm and commended everyone on an outstanding job. He was concerned with the cost factor and wanted more detailed figures. Ms. LeJeune added the cost would be part of the overall marketing plan that has not been created. There are recommendations and implementation strategies included in the blueprint. There is no budgeted funding this year for the plan. Based on the resources currently available, as many strategies as possible would be undertaken. As the plan proceeds and budgets are established, more definitive data on costs will be offered. Commissioner Ross felt that the data compiled and comparisons with other cities should be distributed regardless of any Tong -term goals, especially as it relates to education opportunities within the City. Ms. Carlson remarked it would be part of the presentations to correct the misperceptions. Commissioner Ross was thrilled the Dimensional Harmony Choir was included with pictures. Ms. LeJeune pointed out a community team would be established working through the Chamber of Commerce to help reach out into the community to promote the City and clarify the facts. Commissioner Ross wanted to include COWBRA since the residents come into the City. Vice Mayor Orlove emphasized the Commissioners should be the cheerleaders as well and be as vocal and excited as possible. He asked if staff could formulate a plan of the immediate action that could be taken over the next few months at minimal cost. During the budget cycle the progress of the program can be assessed and further plans devised. Ms. LeJeune agreed to compile a list of short-term and long -term endeavors and the estimated cost could be presented sometime in May. Mayor Hay declared there was consensus to proceed as outlined. Commissioner Ross mentioned she had received feedback that the web site address was very confusing with the Chamber of Commerce web site and suggested a change be made Vice Mayor Orlove agreed and thought shorter would be better. Commissioner Ross noted only two cities have beach hotels and all the cities have an art district and historic preservation. 11. UNFINISHED BUSINESS A. Provide direction on additional phases of City Manager search process. (This item was discussed prior to Section 10.) Julie Oldbury, Director of Human Resources, reported one of the six candidates for consideration had withdrawn. She sought direction from the Commission on the process that should be undertaken. 13 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Commissioner Holzman recommended adding another name to the list for consideration including the possibility of James Titcomb, a former Commissioner and long- standing member of the League of Cities, could potentially become part of the process. Commissioner Ross recalled Mr. Titcomb had been the Executive Director of the League of Cities, and then City Manager in North Palm Beach. Vice Mayor Orlove suggested the next highest rated candidate's name be added to the list for a total of six candidates. The applications and candidates have been screened and at this point the next highest ranked candidate should be added. Commissioner McCray was in favor of adding Mr. Titcomb's name if he wants to be considered. Mayor Hay wanted to go back to the original list of names that had been vetted by the Human Resources Department rather than adding new names. Commissioner Ross felt it would be reasonable to consider Mr. Titcomb and go back to another name on the list for seven candidates for consideration. Vice Mayor Orlove urged the Commission to continue with the process as originally outlined rather than change to add a name. Attorney Cherof advised the process was under the control of the Commission and it could be modified at any time. Ms. Oldbury could contact Mr. Titcomb and ascertain his interest and file the appropriate paperwork, if necessary. Motion Commissioner Ross moved to add the name of Mr. Jamie Titcomb to the list and approach him if he is interested in being considered as an applicant. Commissioner Holzman seconded the motion if it could be amended to also add the next highest candidate from the list, potentially taking the list to seven members. Commissioner Ross agreed. Mayor Hay opened the issue for public comment. Brian Edwards, 629 NE 9 Avenue, asserted the City had a great City Manager and the City deserves the City Manager it has. Ms. LaVerriere is a person of integrity that cares about the City and helped build morale. He suggested saving the money and put the Interim City Manager to work. Victoria Castello, 406 S. Seacrest Boulevard, felt adding Mr. Titcomb to the list was wrong. The process should be followed and politics put aside. Don Scantlan, 13 Cedar Circle, believed the process examined experience and the number of staff was a criteria that eliminated several resumes. Any new applicant should pass the same test. Mark Karageorge, 240A Main Boulevard, pointed out Mr. Titcomb was currently under contract with the Town of Lake Park and filling in as an Interim City Manager for the next 60 to 90 days. He is a man of integrity. 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Ron Washam,127 South Atlantic Drive West, agreed with Vice Mayor Orlove that there is a process that should be maintained even though he had previously supported Jamie Titcomb. He did feel the entire process was not necessary since Ms. LaVerriere had proven herself to the City, Commission and staff and was a competent, caring person. Victor Norfus, 261N. Palm Drive, agreed with Vice Mayor Orlove that the process should be followed and the next person on the list should be the only one considered. Adding a name would violate the process. Aliens Hayduk, an HR Analyst, was concerned about the process that had previously ranked applicants and considered their education, skills and abilities. Selecting someone out of the process would open the City to violations of any discriminatory statutes that may apply if a complaint were filed. The possible legal expenses should be considered also. Vice Mayor Orlove clarified the current Interim City Manager was part of the process. Vote The motion carried 3 -2 (Mayor Hay and Vice Mayor Orlove dissenting). There was discussion on the next step in the process. It was decided Ms. Oldbury should contact Mr. Titcomb and add the next candidate name to the list and return to the Commission for further direction. The potential cost to bring candidates for an interview process should also be ascertained. It was suggested that technology be used to avoid the added expense of travel. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -002 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY 4.3.8 Attorney Cherof read Proposed Ordinance No. 12 -002 by title only, on second reading. 15 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Eric Johnson, Planner, pointed out two typographical errors that should be corrected. On line 18 the last word "the" should be deleted and on line 19 the words "Puget Sound" should be deleted. With those changes, staff recommended approval. Motion Commissioner Ross moved to approve Ordinance No. 12 -002. Vice Mayor Orlove seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. (Commissioner Holzman was not present) B. PROPOSED ORDINANCE NO. 12 -003 - SECOND READING - PUBLIC HEARING - Adopt the Boynton Beach Administrative Amendments to the 2010 Florida Building Code. Attorney Cherof read Proposed Ordinance No. 12 -003 by title only, on second reading. Motion Vice Mayor Orlove moved to approve. Commissioner Ross seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. (Commissioner Holzman was not present). C. PROPOSED ORDINANCE NO. 12 -005 - FIRST READING - Amend (a) responsibility for appointing a Chair and Vice -Chair and (b) qualifications of regular members of the Financial Advisory Committee Attorney Cherof read Proposed Ordinance No 12 -005 by title only, on first reading. Barry Atwood, Finance Director, noted the Committee has only four members at this point. The Vice Chair position is not filled and the Committee would like to be able to select their own Chair and Vice Chair like all other advisory boards. The second request would conform the Code with respect to the qualifications of the regular members that clarifies the parameters of the categories. 16 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Motion Vice Mayor Orlove moved to change the order of the day to have public comment on the issue Commissioner Ross seconded the motion. Vote The motion passed unanimously Vice Mayor Orlove inquired if Chair Scantlan was in favor of the Ordinance. Don Scantlan, 13 Cedar Circle and Chair of the Financial Advisory Committee, was in favor of the second half of the request. He did defer to the Commission's decision on whether the Commission should select the Chair and Vice Chair. Vice Mayor Orlove was concerned that there could be political influence if the Commission selected the Chair and Vice Chair. In establishing the Committee, the Commission's input was more appropriate. As the current Chair, Mr. Scantlan felt a conflict of interest to respond to the issue. Vice Mayor Orlove supported allowing the Committee to make the appointments and Mayor Hay agreed, Mayor Hay did inquire if Mr. Scantlan felt the Committee had outlived its existence. Mr. Scantlan asserted the Committee was citizens working to give the Commission another data point for consideration. The Committee was having issues filling the vacancies because there are very specific requirements to serve. The reasons for the vacancies were discussed. Commissioner Ross questioned how long it would take to get additional members to assist the Committee. Mr. Scantlan had personally recruited several members who currently serve and did not feel he had additional contacts to pursue. He hoped some additional media coverage to increase interest in the Committee would be possible. Mark Karageorge, 240A Main Boulevard, thanked Mr. Scantlan for his commitment and diligence in reviewing the issues and figures. Mr. Atwood's assistance was also crucial to the success that the Committee has had. More members were desperately needed to share the work load. Commissioner Ross agreed the Committee should not be political in any sense. The volunteers should be focused on the duties of the Committee and not any personal agenda. Motion Vice Mayor Orlove moved to approve Ordinance No. 12 -005 on first reading. Commissioner McCray seconded the motion 17 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 Vote City Clerk Prainito called the roll. The motion passed 4 -0. (Commissioner Holzman was not present) 14. FUTURE AGENDA ITEMS A. Charter Review Committee Report - 3/20/12 B. Update on In -house Medical Clinic- 3/20/12 C. Discuss Scope of Services for Police Department Study - 3/20/12 D. Update on City -owned property for sale- 4/3/12 E. Interlocal Agreement with Palm Beach County School District for conveyance of District owned Galaxy Scrub lands to the City - 3/20/12 F. Discussion of Phase II - City Hall Painting Project - 3/20/12 Mayor Hay asked the City Attorney to research and report on the responsibilities of Commissioners to attend a full meeting and any associated ramifications. Mayor Hay was concerned because one Commissioner had left unannounced. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:45 p.m. (Continued on next page) 18 Meeting Minutes Regular City Commission Boynton Beach, FL March 6, 2012 CITY OF BOYNTON BEACH /V!"-Izgr/ //j7 Woo row 1�. / �� . .y, Mayor illiam •r • - ice u - ac c ray ommissioner en H,zman, Co missione,' ATTEST: Marlene Ross, Commissioner / 9 Aoj Ja et M. Prainito, MMC ity Clerk ii/ /dith A. Pyle, CM Deputy City Clerk 19