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Minutes 03-20-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 20, 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 Mack McCray, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay The meeting was called to order by Mayor Hay at 5:44 p.m. for a closed -door session. Attorney Cherof indicated the purpose of the session was to discuss the case with Clear Channel Outdoor, Inc. for construction and proposed improvements to outdoor advertising and billboards. The session would last approximately 45 minutes and in attendance would be Attorney Cherof, City Manager, Commission, Michael Burke, Special Counsel for the litigation and a Court Reporter. Motion Vice Mayor Orlove moved to recess and Commissioner Holzman seconded the motion. Vote The motion passed unanimously. The meeting recessed for the closed -door session. 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. 502011CA014815XXXXMB(AJ) The meeting reconvened at 6:31 p.m. 1 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 B. Invocation by St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Hay Father Germaine Kopaczynski from St. Mark Catholic Church offered an invocation. Mayor Hay led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray pulled Items 6.A, 6.D, 6.E and 6.1. 2 Adoption Motion Commissioner Holzman moved to approve the agenda as amended. Commissioner Ross seconded the motion. Vote The motion carried unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross announced she had attended the monthly Chamber of Commerce luncheon. She highlighted the fact the City is animal friendly and has an animal cruelty investigator and a canine unit. She looked forward to further work on the branding promise. Vice Mayor Orlove advised he and the Mayor had attended the Every Child Matters exhibition at the Schoolhouse Children's Museum that was the first stop on a national tour. It highlights the lives of children and the Federal administration's efforts on behalf of children. The exhibit would be available through March 31, 2012. Vice Mayor Orlove and the Mayor attended the Palm Beach County Safety Awards luncheon and the City of Boynton Beach received awards for vehicle safety by reducing the number of preventable motor vehicle collisions by 40% while the number of vehicles increased by 5 %. The City received special recognition for its claims and safety programs. Vice Mayor Orlove commended the Risk Management staff and other staff that participated. 2 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 He announced a beach cleanup on April 7 with County Commissioner Steve Abrams presenting a special proclamation and other fun activities for all ages. The event runs from 8 a.m. to 10:30 a.m. Vice Mayor Orlove had met with a couple from California requesting to open a craft brewery within the City. It is the second such business that is a result of an ordinance passed for tasting rooms. Fire Chief Carter and Vice Mayor Orlove had discussed obtaining a piece of the World Trade Center for display. A letter to the New York City Fire Department with the signatures of the Commission and City Manager may secure a piece. It was anticipated fundraising could be done to purchase the piece if necessary. Commissioner Holzman assumed, as a point of order, the item should be added to the agenda for discussion. Vice Mayor Orlove advised he had broached the subject at this time based on advice of the City Attorney and Interim City Manager. The letter of request would not involve expending any City funds, or a decision on placement. It was only an attempt to secure a piece, if any were available. Commissioner Ross supported the letter as did Mayor Hay. Commissioner Holzman pointed out there was a piece of the Towers at Fire Station #5 and questioned why another piece was needed. Vice Mayor Orlove understood pieces of the metal were made into nails that were welded into a statue as opposed to a piece of the tower. Chief Carter advised the statue on the second floor of Fire Station #5 did have a small piece of one beam of the World Trade Center. He had been informed all the pieces were gone. Some others may become available. A public display outdoors was anticipated for the new piece. Moving the existing statue to a public place would not be feasible. Consensus Mayor Hay declared there was consensus to sign the letter requesting a piece of the World Trade Center. Vice Mayor Orlove thanked the Commission for their agreement. Commissioner McCray announced the Heart of Boynton Association would be meeting on Monday evening at 6:30 pm. at the Carolyn Sims Center with representatives from the Police Department and Vice Mayor Orlove present. Commissioner McCray divulged his phone number so he could be reached by the citizens. Mayor Hay announced a meeting would be held at 6:30 p.m. on Thursday at the Carolyn Sims Center to discuss the recent issues that had arose in the area. The City Manager, Police Chief and the Community Redevelopment Agency Executive Director would be present and the Commissioners were invited. It was an emergency meeting 3 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 and would clarify the facts to quell widespread misconceptions and hopefully bring peace. Attorney Cherof directed whenever the Commission meets, whether formally or informally, to protect the process, to conduct the meeting in the Sunshine. It would require providing notice of the meeting and notes be taken to create minutes of the meeting. There would be no action items requiring decisions. The process would protect the Commission from any allegation of meeting outside of the Sunshine. Mayor Hay clarified the regular Heart of Boynton meeting to be held on Monday would be cancelled unless the Thursday meeting resulted in the Monday meeting being necessary. Mayor Hay thanked Debby Coles - Dobay, Public Arts Administrator, for the art exhibited at the Sims Center on March 8 The P -to -P, Pathway to Prosperity, launched their program with a dinner he had attended. The program helps families in need. Mayor Hay attended the performance of the Gold Coast Band at the Civic Center. It was a tremendous program. Also, Kinetic Art has been on display and the City has an opportunity to host an international event for the art in 2013. He urged giving Debby Coles - Dobay, Public Arts Administrator, whatever assistance she needed to have a successful event. Commissioner Ross requested there be an agenda item added to the April 3, 2012, City Commission meeting for a discussion of how resolutions and proclamations are added to the agenda to facilitate the process. Ms. LaVerriere suggested the item be expanded to review the overall process of items being added to an agenda. Commissioner Ross agreed as did the rest of the Commission. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Proclamation Honoring the Children of the American Revolution. Mayor Hay read the proclamation and presented it to a member of the organization that was present. There would be an annual conference of the organization held March 30 to April 1, 2012 at the Courtyard Marriott in Boynton Beach. 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, representing the Women's Circle at 912 SE 4 Street, a non- profit organization, assists low- income women to gain employment. They offer free 4 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 classes to obtain job skills and positively impact their future and families. After 11 years of operation, expansion is necessary to meet the needs of the community. There have been negotiations and contracts to purchase the properties to the north and south of the current location for demolition and future development. The Women's Circle would be giving notice to the Historic Preservation Planner before demolition of the buildings. The present moratorium could prevent the Women's Circle from pulling permits. Sister Lorraine wanted assurances there would be no barriers when the funding is available for the expansion. Suki deJong, 2076 SW 14 Avenue, with Move to Amend, a national organization having an affiliate in Palm Beach County, pointed out there is a Citizens United Supreme Court ruling against the Federal Elections Commission lifting corporate limits on buying elections. This would have a corrupting influence in all elections across the country. Money should not be able to buy an election. In a true democracy, it should be the will of the people that vote who have the power to select their representatives. Her organization, Move to Amend, was seeking the Commission and City of Boynton Beach to support their cause. An amendment to the Constitution was being sought. Ms. deJong offered examples of appropriate language for a resolution. Commissioner Ross thanked Ms. deJong for bringing the issue to the attention of the people and the City. Gary Solomon, 9268 Cove Beach Circle, Boynton Beach from Sand Sifters invited everyone to participate in the "Goin' Bananas Beach Cleanup" to be held on April 7 from 8 a.m. to 10:30 a.m. at Oceanfront Park. The event would educate those participating on the reasons for the beach cleanup efforts. The event was done in conjunction with the Recreation and Parks Department and many co- sponsors including the Community Caring Center. A food drive for non - perishable items would be included in the event for the benefit of the Community Caring Center. Additional collection sites had been added throughout the City facilities for donations. Healthy smoothies would be available and of course, bananas. Activities for kids would be available and a discussion on sea turtle awareness given. Doug MacDonald, President of Quantum Limited Partners, Quantum Park Property Owners Association and Principal and President of 1325, 1275 Gateway, had negotiated a lease for a charter high school at 1275 Gateway, Lots 18 and 19 in Quantum Corporate Park. The site was approved in 2003 for a charter high school; however, the moratorium has prohibited the issuance of permits for renovations to the site. Mr. MacDonald requested the matter be placed on the agenda as quickly as possible so the school could be operational by the new school year beginning August 1, 2012. Angeline Rhine, 14711 Palmetto Palm Avenue, Miami Lakes, Regional Director for Accelerated Learning Solutions, which operates 14 charter high schools in Florida with eight more to open the next school year including the one in Boynton Beach was the 5 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 tenant. There would be as many as 500 students, between the ages of 16 and 22, across three shifts, who have dropped out of school or are at high risk. Twenty professional job opportunities would be created. They are accredited and Tess than 20% of the charter schools in the State have achieved the goal. A majority of the students do go on to secondary schools or colleges. Charles Lubke, 737 Sunny South Avenue, thanked the City and staff for their quick resolution to a problem at 3500 Miner Road. Mr. Boateng and Mr. Low were particularly helpful. Don Scantlan, 13 Cedar Circle, distributed papers relating to a case filed before the Florida Elections Commission and the findings of the Commission dated February 23, 2012. (Copy is available in the City Clerk's office) Mr. Scantlan had been a candidate for District IV Commissioner as was Commissioner Marlene Ross. Based on the findings of the Commission and assessment of a civil penalty against Commissioner Ross, Mr. Scantlan urged the Commission to act responsibly and take the necessary action to right a wrong, if appropriate. Victoria Castello, 406 South Seacrest Boulevard, spoke about the City giving away part of an eco park near the Parkside development. A lobbyist wrote the contract that the City approved which did not appear to be in the best interest of the City. Jeff King, 743 -8 NE 12 Terrace in Mariner's Village, President of the Inlet Cove Association (INCA) reported the theme for the organization was crime. Chief Immler and Phil Hawkins had done presentations for their meetings and provided invaluable information and insight. Anything the Commission can do to support the Police Department would be appreciated by the INCA neighborhoods. No one else coming forward, Mayor Hay closed public audience. Attorney Cherof pointed out for the benefit of the public that there was a moratorium in place, modified in part by the Commission. The study period ends in May and it would be returned to the Commission with proposed regulations for properties included in the study. The Commission could have the moratorium placed on the agenda at any time. 5. ADMINISTRATIVE A Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner McCray appointed Tony LaRiccia as an alternate member of the Senior Advisory Board. Vice Mayor Orlove seconded the motion. 6 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Re cord and subject to staff comments. A. PROPOSED RESOLUTION NO. R12 -021 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Mary B. Lacey for the property at 1079 Highview Rd, Lantana, FL. Commissioner McCray had pulled this item to advise consumers outside the City limits, pay a 25% surcharge. The homeowner had to agree to all conditions of the application and staff agrees. Motion Commissioner McCray moved for approval. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R12 -022 - Approve and authorize execution of an interlocal agreement between the City of Boynton Beach and the Board of County Commissioners of Palm Beach County, accepting grant funded equipment from the County Division of Emergency Management's EMS Grant Award Program. C. Accept the written report to the Commission for purchases over $10,000 for the month of February 2012. D Approve a one year extension for "Brokers and /or Agents for the Annual Contract for the Property and Casualty Insurance Program" with (1) Arthur J. Gallagher & Co., and (2) Employers' Mutual Insurance Co. (EMI) for the period April 1, 2012 to March 31, 2013, as allowed in RFQ /RFP 025-1710-11/JMA. Commissioner McCray was impressed the Risk Manager was able to save money for the City. 7 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Chuck Magazine, Risk Manager, reported over the last three weeks, based on continuing negotiations, another $20,000 would be saved from the original proposals. The program runs from April to April and is budgeted 50% in both budget years. There was an increase in the premium for the property insurance, but not as much as anticipated. The liability, casualty and crime rates remained flat. The net savings would be minor. Commissioner McCray stressed it was a $20,000 savings and indicated staff and the Commission are cognizant of the monies being spent and saved. Motion Commissioner McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. E. Approve classification of Human Resources Project Manager and substitute it for one of the existing Human Resources Generalist positions in the FY 2011- 2012 Adopted Budget. Commissioner McCray surmised the request was moving one person into another position. Motion Commissioner McCray moved to approve. Commissioner Holzman seconded the motion. Commissioner Ross inquired if the individual involved was a contract position or staff member. Julie Oldbury, Director of Human Resources, replied the current position is classified as a Generalist. The work being performed is project management. Ms. Oldbury wanted the position classification to accurately reflect the job responsibilities. Vote The motion passed unanimously. F. Approve an increase to the blanket purchase order ( #120342) to Emergency Vehicle Supply from $24,500 to $50,000 as a piggyback contract with the Broward County Sheriffs Office. 8 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 G. Accept the resignation of Sebastian Luglie, a student, voting member of the Education and Youth Advisory Board H. Accept the resignation of Jeffrey Fisher, a regular member of the Financial Advisory Committee I. PROPOSED RESOLUTION NO. R12 -023 - Approve the Interlocal Agreement with the School Board of Palm Beach County regarding Galaxy Elementary School that provides for conveyance of the Preservation Property located adjacent to the relocated City park at the new Galaxy Elementary School site. Commissioner McCray was pleased to see a grant of $20,000 given to the school board to ensure tortoises and other wildlife were protected. It would be beneficial for the students to have first -hand knowledge of the programs. It was a job well done by the City. Motion Commissioner McCray moved to approve Proposed Resolution No. R12 -023. Commissioner Holzman seconded the motion. Commissioner Ross questioned the wording of the conveyance. Nancy Byrne, Interim Development Director, explained the property would be conveyed to the City rather than a swap of land. It was a deed transfer of ownership to carry on the preserve nature of the property. Ms. LaVerriere added it was the scrub property north of the new replacement park site. It would be beneficial in connecting the walkways through the area. Vote The motion passed unanimously. J. Approve the minutes from the City Commission regular meeting held on March 6, 2012 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -024 - Approve a contract with Aware Digital, Inc. for Security System Upgrades for both of the Utility Water Treatment Plants in the amount not to exceed $375,000 plus an allowance for permitting of $10,000 as a result of RFQ 072 - 2821- 11fTWH. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Commissioner McCray was glad the City was taking the appropriate steps to protect the citizens and it was a job well done. 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 -006 — FIRST READING - Amend the Land Development Regulations (LDR) to 1) allow elementary, middle, and high schools in the Planned Unit Development (PUD) zoning district; 2) allow certain types of commercial uses as accessory uses within City- owned /operated parks that are zoned Recreation (REC); and 3) clarify the restrictions associated with the commercial component of beverage and food manufacturing establishments. City- initiated. The processing of this item has been delayed and will be scheduled for the April 3rd Commission meeting. Tabling of this item is necessary at this time to maintain the validity of current legal notices. Motion Commissioner Holzman moved to table. Commissioner McCray seconded the motion. Vote The motion passed unanimously. B. Approve Seabourn Cove Phase II new site plan (NWSP 12 -001) for multi - family residential (rental apartments and townhomes) consisting of 148 dwelling units within 14, three -story buildings and associated recreational amenities and parking within a master planned PUD on 7.4 acres. Applicant: Bradley Miller, Miller Land Planning Consultants, Inc (Request by applicant to table to April 3, 2012) 10 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Motion Commissioner Holzman moved to table. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Review staff planning efforts to complete the City Hall volunteer painting project. Ms. LaVerriere recalled half of the building had been painted with free, recycled paint and volunteer painters. The paint to complete the building remains and the Commission's authorization to continue was needed. Jeff Livergood, Director of Public Works and Engineering, agreed the second phase was ready to proceed. Mayor Hay was in favor of the project and would assist Commissioner Holzman was in favor of the project and would be there again. Mr. Livergood reported the direct expenses of $7,000 would be monies expended from the budget for insurance, rental of a lift and supplies. Indirect expenses would be from the existing budget amount, including staff time to prepare the building. A contractor would be hired to pressure clean City Hall whether the building is painted or not. Vice Mayor Orlove felt the project was very worthwhile and would volunteer. Donations would be appreciated. Mr. Livergood indicated those type arrangements would be commenced once the dates were confirmed and approval given to proceed. Vice Mayor Orlove suggested it would be advisable to work with vendors throughout the CRA district and entire City to assist Consensus Mayor Hay declared there was consensus to proceed with the project of painting City Hall. B. PROPOSED RESOLUTION NO.12 -025 - Authorize the Interim City Manager to enter into consulting agreement with RCultures, Inc. in the amount of $21,600 for Police Department professional services study; and 2) authorize expenditure of $21,600 from the State Law Enforcement Trust Fund account which currently shows a balance of $257,403.57. Ms. LaVerriere recalled the former Mayor had raised questions about the Police Department in light of the arrest of several police officers. The questions related to hiring and training practices. There was consensus at the time to search for possible 11 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 resources to evaluate the practices. A committee was formed to obtain proposals for studies of the areas of concern. Four proposals had been submitted so the Commission can refine the scope of services and establish the parameters of the study. Staff was recommending the proposal from RCultures Inc. and to move forward with the study. Commissioner Holzman referred to the prior Commission minutes, ". . . that the Interim City Manager would do a proposal for a comprehensive review to return to the Commission. " He did not see any confusion with the direction the Commission gave. The responses submitted only included one that offers a comprehensive review. He was disappointed staff was returning with something that was not previously requested by the Commission. The proposed contract did not suggest standards and what should be done, but rather a conversational piece, not a contract for services. The appropriate review would be the ICMA proposal for a comprehensive analysis. Vice Mayor Orlove had reviewed the proposals and talked with staff. He contended the Police Department was taking positive action and had been re- accredited in 2010. Vice Mayor Orlove inquired what standards were used to evaluate the Department. Chief Immler responded the Florida Commission on Police Accreditation had established the State standards in all phases of police operation. Every three years a team would be sent to assess the Department operations as they apply to the established standards. Vice Mayor Orlove asserted the minutes revealed there was not full agreement on what was needed and staff brought back varied options for consideration. He was not sure a total reassessment of the Police Department was required. The heart of the issue, in his view, was the hiring criteria, training provided and continuing supervision to improve performance. Mayor Hay agreed with Vice Mayor Orlove and emphasized the request for an evaluation was not any indication there was something wrong. In any organization or department there is always room for improvement. The Chief of Police had done an outstanding job addressing the situations that have occurred and would continue to assess and evaluate staff. There should be a broad look at the organization. It would be an opportunity to fine tune and be an even better department than exists at this time. Commissioner McCray questioned if a comprehensive plan was done when the Police Department was first accredited. Ms. LaVerriere indicated a comprehensive study was completed in 2006 for $160,000. Commissioner McCray opined the previous plan should be reviewed to see where the shortfalls were and may be at this time and how it is addressed. Ms. LaVerriere stressed there were several definitions of what a comprehensive study could involve and the associated cost. There are no funds budgeted, but there are forfeiture funds that could be utilized. 12 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Commissioner McCray offered the agenda item should be tabled until the previous comprehensive study could be reviewed by the Commission and then move forward. Vice Mayor Orlove agreed that may be a better approach. Commissioner Ross wanted to review the 2006 study. She wondered why a comprehensive study was not recommended by staff since it was the request of the Commission previously. Motion Vice Mayor Orlove moved to table the item pending staff providing the 2006 comprehensive study to the Commission. Commissioner McCray seconded the motion. Commissioner Holzman wanted it clear the study itself should be reviewed, and what had been done based on the study's recommendations. Vice Mayor Orlove agreed it should be included in the motion. Ms. LaVerriere indicated it was a huge document and the executive summary could be provided with a list of the implemented changes. Her intent was to develop the extensiveness of a study the Commission wanted at this time. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Provide direction on additional phases of City Manager search process. Julie Oldbury, Director of Human Resources, had provided options for moving forward. Vice Mayor Orlove supported having individual interviews first, then narrowing the field if there was consensus. A special public meeting could then be held to interview the short list of candidates. If questions were going to be provided for review, a date should be set for their submittal. The use of technology was an interesting option to save costs. John McNally, Manager of ITS, advised Skype was low cost, but fairly unreliable for the magnitude of selecting a candidate. Better technology involves higher cost The WebEx option would involve the purchase of a web cam and monthly fee. The ITS Department was willing to attempt whatever the Commission desired, but it would depend on network conditions at both ends of each session. Mr. McNally was also concerned with the facilities to be used for any public viewing and their adaptability to make it effective. Testing would have to be done before any option could be recommended. Commissioner Holzman felt the most efficient way was to have face -to -face meetings to hire the most important person for the City and staff and lead the City. Using unreliable technology would be risky and he was unwilling to take the risk. A savings of $2,373 was realized and would not be used because of the empty Commissioner seat. It would 13 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 only be an additional cost of approximately $2,000, plus the savings realized by the Risk Management Department would cover any cost. It would ensure a face -to -face meeting with each candidate. Making a decision on the individual to oversee a $70 million plus budget based on a phone conversation and unreliable technology, would not be appropriate. He emphasized the candidates should be brought to the City. Commissioner Ross was a proponent of technology, but did not feel it should be used in this instance. She wanted to meet the individuals. Commissioner McCray agreed and stressed it was a serious selection and should be done right or not at all. Mayor Hay agreed with Vice Mayor Orlove, but pointed out a motion for no- confidence in the current Interim City Manager was based on incomplete facts. She had proven herself over and above as efficient and he would not support spending any more funds to find another City Manager. Motion Commissioner Holzman moved to instruct staff to fly all the remaining candidates into the City on an agreed upon date and time. Commissioner Ross seconded the motion. Commissioner McCray was not involved in the no- confidence vote, but his experience thus far with the Interim City Manager had been very positive and he did not understand why a new candidate was being sought. Vice Mayor Orlove agreed with the Mayor and Commissioner McCray, but felt the board had decided to look elsewhere, as well as internally. The process should be continued and he amended the motion to have a hybrid and do individual interviews and then fly down those agreed upon. Vote The amended motion failed for lack of a second. Commissioner Holzman reiterated his motion to fly all the candidates to the City for interviews. Vote The motion failed 2 -3 (Mayor Hay, Vice Mayor Orlove and Commissioner McCray dissenting). Vice Mayor Orlove wanted to return to the process of each Commissioner having individual telephone interviews with the candidates and then those agreed upon being brought to the City. Commissioner Holzman seconded the motion. 14 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Vote The motion passed 3 -2 (Mayor Hay and Commissioner McCray dissenting). Vice Mayor Orlove suggested Ms. Oldbury send the Commission appropriate questions for the interviews and then the phone calls be scheduled after the holidays. Ms. Oldbury proposed questions the Commission may have would be more global to the City and address the Commission's concerns than ones she would select. She could provide a list of questions that should not be asked. A timetable was established to have questions submitted by the end of the month and the phone calls to be coordinated for the third week of April. Ms. Oldbury did feel a ranking sheet should be used for the phone interviews and the Human Resources Department could tally the rankings to determine the top candidates. Commissioner Holzman was not sure an actual ranking was required, rather a yes or no to further interview the candidate. Vice Mayor Orlove argued the candidates should be ranked and then the rankings discussed at the May 1 City Commission meeting. Attorney Cherof commented the ranking sheets would become public record and if requested could be provided and become public knowledge before the Commission has a chance to discuss the candidates. It would require a 415 vote to select a City Manager. If the vote was not achieved, the search would continue and status quo prevail. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -004 - SECOND READING - PUBLIC HEARING - Approve Seabourn Cove Phase 11 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 (Request by applicant to table to April 3, 2012). Motion Commissioner McCray moved to table. Vice Mayor Orlove and Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 15 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 B. PROPOSED ORDINANCE NO. 12 -005 - SECOND READING - PUBLIC HEARING - Amend (a) the 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 second reading. Motion Vice Mayor Orlove moved to approve. Commissioner McCray seconded the motion. Commissioner Ross was concerned the Chair of the Committee was unable to respond to a question about the background of the Committee members to establish their ability to address the issues this year and fill the expertise of vacant positions. She suggested the entire board be discussed. Commissioner Holzman proposed there should be discussion if the Committee should be disbanded. He was not sure, with the small number of members, that their purpose would be frustrated. Dissolving the Committee until there is a greater need or interest within the community to volunteer may be appropriate. Vice Mayor Orlove raised a point of order question and contended the questions raised should be brought back before the Commission at another time. Mayor Hay opened the issue for public comment Don ScantIan, 13 Cedar Circle, Chair of the Financial Advisory Committee, responded the Commission selected the members. He worked with whoever the Commission selected to fill the seats. Several members had quit for varying reasons. The Committee exists to assist the Commission. The membership issues would result in a less robust report from the Committee as previously done. There are four members remaining. Clarification of the qualifications and application parameters were being revised with the new ordinance. Commissioner McCray corrected the name of the Committee was Financial Advisory Committee rather than Financial Advisory Commission. No one else coming forward, Mayor Hay closed public audience. Commissioner Ross clarified her point about the Chair not being able to answer about the qualification of the members to decide and discuss issues made her question the ability of the Chair to lead such an important committee. 16 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Vote City Clerk Prainito called the roll. The vote was 3 -2 (Commissioner Holzman and Ross dissenting). Commissioner Holzman requested the Interim City Manager add an item to the next agenda about dissolving of the Financial Advisory Committee. C. PROPOSED RESOLUTION NO. R12 -026 - Authorize Mayor to execute a Quit - Claim Deed transferring property to the Executive Estates of Boynton Beach Homeowners Association Motion Commissioner McCray moved to approve. Vice Mayor Orlove seconded the motion. Commissioner Ross sought further explanation from staff. Mr. Livergood responded the issue began in the 1980s when the subdivision was built. The City abandoned the rights -of -way that never carried through. They somehow morphed into private parcels. The request was an attempt to give the roadways to the homeowner's association as originally planned. The homeowners' association had come to the City for an unrelated issue and the inconsistency in ownership of the roads was found and needed to be corrected. Vote The motion passed unanimously. D. Review Charter Review Committee Report A brief introduction was given by Attorney Cherof. He reviewed the composition of the Committee and that they had met on six occasions. The Committee had concluded its work before the recent issues relating to vacancies had occurred. It may warrant more discussion and review by the Commission. Jeannie Taylor, Chair of the Charter Review Committee, thanked the Commission and staff for their assistance and the Committee members. They had reviewed the Charter in great detail and compared it to other cities. Readability of the Charter was a concern because many items had been deleted and the format had never been changed. It was recommended that the deleted items be removed and the Charter re- formatted. Vocabulary changes were needed and the suggestions were submitted The Committee had reviewed the consultant's report relating to the census figures and district configurations, and agreed with the decision of the Commission. One of the 17 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 major recommendations was that the census data be reviewed every ten (10) years within 90 days of the census data being available rather than every four (4) years. The other major change related to the election rule requiring 35% plus one vote to declare a winner. The Committee recommended the rule be change to require 50% plus one vote. Vice Mayor Orlove appreciated the work of the Committee and staff. He inquired what the provisions would be if a 50% plus one was not achieved and Ms. Taylor replied a run off election would be necessary. Attorney Cherof advised the percentage would be changed and corresponding language for the run off provisions would have to be added. Commissioner McCray asked when the election changed from November to March. It was determined the change was in 2007 to be held in March. Attorney Cherof advised there was a Special Act of the State legislature that applied to Palm Beach County establishing municipal elections being held in March and the Special Act would prevail. The next step would be the recommendations would be placed in an ordinance that would include suggested ballot language to effectuate the change. The voters would see an ordinance, ballot language, and Charter provisions indicating the changes. The ballot would have a title that is a summary and an explanation section. Commissioner Holzman commended the efforts of the Committee, but did not agree with the change of 35% to 50 %. The main reason was the cost savings of not having run off elections. Commissioner Holzman suggested, since the Mayor was an at large position, it should have its own provisions for elections and term limits within the Charter. It is a position as the leader of the City and the two -year term limits for Commission seats should not be included in the total term limit for the position of Mayor. He reasoned the Mayor should be an individual who has seen how the City is run, seen the day -to -day operations and how to move the City forward. He reiterated the term limits should be modified to two consecutive terms as a commissioner and two consecutive terms for a Mayor separately, for a total of 12 total years on the Commission. Vice Mayor Orlove pointed out the Charter refers to all the Commission members as leaders of the City. The Mayor is the figure head who runs the meeting and signs documents as the official leader. Three times the voters of Boynton Beach voted to keep term limits the way it is currently structured. Vice Mayor Orlove concluded changing the provision would go against the wishes of the voters. Commissioner Ross stressed the concept of continuity for a Commissioner or the Mayor is very important and voters choose incumbents for that reason. It is unsettling to not be able to continue the work from one term to another. Her recommendation was that every position on the Commission be permitted to serve three consecutive terms. The last vote on the issue was in 2005. She noted more progressive cities have had long 18 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 term City officials because the continuity is vital. The Charter was not allowing the elected officials to make the necessary progress to avoid the City becoming more stagnant. Commissioner McCray agreed with Commissioner Ross and disagreed that long -term Commissioners have personal agendas. His only agenda was to move the City of Boynton forward. The citizens have the right to vote bad officials out of office. If the officials are doing a good job, they should be kept for a longer period of time to drive the City in the right direction. He felt a Commissioner should not have to sit out for a year to run for Mayor. The question should be posed to the citizens to decide. Vice Mayor Orlove clarified the citizens of West Palm Beach just voted in term limits for their officials. The majority of the cities have term limits. Vice Mayor Orlove was against terms limits personally, but it was not his decision, rather the voters. For the current Commission to re- engineer the term limits and possibly be a beneficiary of such change would be wrong. Commissioner Ross clarified comparable cities have longer term limits and are more progressive. Mayor Hay agreed with Vice Mayor Orlove that the voters had decided the issue and he did not agree with the 35% plus one change. He preferred the 50% plus one, the recommendation of the Committee, which would be a more fair process. Motion Vice Mayor Orlove moved to accept the Charter Review Committee report and suggest staff move forward with an ordinance that would be on a future ballot that would request readjusting the districts based on the census every ten years and providing a change in section 139 for 50% plus one rule for election to office. Mayor Hay passed the gavel and seconded the motion. Commissioner Ross commented the language on the boundaries was unclear in relation to a district leaving a Commissioner. Attorney Cherof advised the language does not appear in the current Charter. It was unclear what would happen if a district boundary changed and the elected official for the district no longer lived within the same district. A provision could be added. The options would be the particular Commissioner would lose their seat and an election held or the Commissioner would retain the seat until the term expired. The requirement to live in the district should be at the time of election and previous thereto, so a boundary change would not affect the term of the elected official. Vice Mayor Orlove accepted the amendment to the motion. Vote The motion failed 2 -3 (Commissioners McCray, Holzman and Ross dissenting). 19 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Motion Vice Mayor Orlove moved to approve the recommendation to readjust the districts based on the census every ten years and have staff put it into the framework of an ordinance to come before the Commission and voters at a particular election to be determined. Commissioner Holzman seconded the motion. Commissioner Holzman inquired if staff had reviewed the suggested changes. Ms. LaVerriere replied staff supported the change because every four years was not practical and was quite expensive. Vote The motion passed unanimously. Motion Vice Mayor Orlove moved to request the voters look at the issue of changing Section 17, subsection B of the Charter to read more definitively that a City Commissioner shall reside in the election district from which he or she is elected at the time of the election. Commissioner Holzman seconded the motion. Attorney Cherof clarified the language would be a cross reference to boundary changes and indicate a change in boundaries during a Commissioner's term would not affect their term. Commissioner Ross also seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Orlove moved to remove the 35% rule and change it to a 50% rule plus one to name an elected official. Commissioner Ross seconded the motion. Commissioner Holzman inquired if staff had reviewed the recommendation. Ms. LaVerriere advised it would be a policy decision and staff would defer to the Commission. The cost of a run off election was discussed. It depended on the number of districts involved or City -wide. A City -wide election would cost approximately $60,000 to $65,000 for City -wide to $25,000 to $30,000 for one district. Vote The motion passed 3 -2 (Commissioners McCray and Holzman dissenting). 20 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 Motion Commissioner Holzman moved to put to the voters a change in the term limits such that they read a total of nine years, that each Commissioner or Mayor can serve a total of nine years, three consecutive terms. Commissioner Ross seconded the motion. Vice Mayor Orlove inquired when the change would be effective. Commissioner Holzman assumed the change would be effective immediately if approved by the voters. Vote A roll call vote was requested. The vote was 3 -2 (Mayor Hay and Vice Mayor Orlove dissenting). 14. FUTURE AGENDA ITEMS A. Update on City -owned property for sale- 4/3/12 B. Update on In -house Medical Clinic- 4/17/12 C. Discussion of two proposals for redevelopment of Old High School - 4/3/12 Mayor Hay admonished, in the face of the current turmoil, the leaders should come together to promote the branding and catch a wave, catch a fish, catch a breath and breeze into Boynton Beach, America's gateway to the Gulfstream. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:07 p.m. (Continued on the next page) 21 Meeting Minutes Regular City Commission Boynton Beach, FL March 20, 2012 CITY OF BOYNTON BEACH Woo w - ayor a Wil iam Ox N _ �� / Mac icCra Co • uu" sner ? St -ven s ma Co miss' ATTEST: Marlene Ross, Commissioner AD ]a et M. Prainito, MMC • Clerk (-- 4udith A. Pyle, CMC Deputy City Clerk 22 DEVELOPM; T ORDER OF THE CITY COMMIS )N OF THE CITY OF BOYNTON BEACH, FLORIDA paVebpment P Building Engineering PROJECT NAME Seabourn Cove PUD Phase II (NWSP 12 -001) Depu i C l Clerk APPLICANT'S AGENT Bradley Miller, Miller Land Planning Consultants, Inc AGENT'S ADDRESS 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2012 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 148 multi - family rental units and associated recreational amenities and parking areas on 7.4 acres zoned PUD LOCATION OF PROPERTY: West of Federal Highway, East of Old Dixie Highway, in the vicinity of Miller Road DRAWING(S). SEE EXHIBIT "C" ATTACHED HERETO ✓ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations a 2 The Applicant ✓ HAS HAS NOT established by substantial competent evidence a basis for the relief r quested 3 The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included" 4. The Applicant's application for relief is hereby ✓ GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk 6 All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other 0 0 DATED: 4-4— �o�• aufa:LII.D . City Clerk S \Planning \SHARED \WP \PROJECTS \Seabourn Cove Ph II (formerly Palm Cove PUD) \NWSP 12- 001 \STAFF REPORT \D• ' _ N- CATIO MAP . .A...SI _1, EX SI . • • ► - ■ • C -4 • C R4 � W 1 \ O R -2 ; o/ •••./ AI W 1 I I I I , 1111 xt r i / @:443 • 1 1 T ,` \ 111077i , %PUS LU „ Ar i _________ r r rAi A . sITE "4 fr ilitiogiwiv pUD _ r ,,, :to , ow/A i r A'redi ! >- C4 IPUD k-.. 1 >... = NOT IN CITY ....... REC __A x i z o L____ 1_ COVE PH � ' p o -el- EABOUR - - J __ _ __ GA RDENS . Z O __- TREAM i Z (F Kp► GULF` 1C — 510 540 270 270 135 0 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name Seabourn Cove Phase II File Number NWSP 12 -001 Reference 2nd review plans identified as a New Site Plan with a January 31, 2012 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None (All previous comments have been acknowledged and will be addressed at time of permitting) FIRE Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting) POLICE Comments: None. (All previous comments have been acknowledged and will be addressed at time of permitting) BUILDING DIVISION Comments. 1 Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 2. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph, Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2007 FBC, Section 1609 �1 (Wind Loads) Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application 3 At time of permit review, submit signed and sealed working drawings of the proposed construction 4. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205, Section 3, Requirement #6 All bathrooms d within the covered dwelling unit shall comply. Seabourn Cove Ph II (NWSP 12 -001) CONDITIONS OF APPROVAL Page 2 DEPARTMENTS INCLUDE REJECT 5 To properly determine the impact fees that will be assessed for the 1 -story pool /clubhouse /recreation building /lease office, provide the following. a WIII the pool /clubhouse /recreation building /lease office be restricted to the residents of the entire project only? b Will the residents have to cross any major roads or thoroughfares to get to the pool /clubhouse /recreation building /lease office? c Will there be any additional deliveries to the site? NI d Will there be any additional employees to maintain and provide service to the site? e Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool /clubhouse /recreation building /lease office 6. CBBCPP 3 C 3.4 requires the conservation of potable water City water may not, therefore, be used for landscape irrigation where NI other sources are readily available 7 A water -use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit NI application, F S 373.216. 8. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a The full name of the project as it appears on the Development Order and the Commission- approved site plan b If the project is a multi - family project, the building number /s NI must be provided The building numbers must be the same as noted on the Commission- approved site plans c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer (CBBCO, Chapter 26, Article II, Sections 26 -34) 9 At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property The following information shall be provided: NI a. A legal description of the land b The full name of the project as it appears on the Development Order and the Commission- approved site plan Seabourn Cove Ph II (NWSP 12 -001) CONDITIONS OF APPROVAL Page 3 DEPARTMENTS INCLUDE REJECT c. If the project is a multi - family project, the building number /s must be provided. The building numbers must be the same as noted on the Commission- approved site plans d. The number of dwelling units in each building. e. The total amount being paid (CBBCO, Chapter 1, Article V, Section 3(f)) 10. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 11 The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. a Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411 - 2741(Sean McDonald — 561- 233 -5016) b United States Post Office, Boynton Beach (Michelle Bullard 561- 734 -0872) RECREATION AND PARKS 12. Park Impact Fee - 148 Multi- family units (buildings containing 5 or more units) @ $595.00 /unit = $88,060. �1 FORESTER/ENVIRONMENTALIST 13. The irrigation plan design must follow the Florida Friendly - Waterwise principles 14. Revise sheet L -8. Existing brick pavers in the area between the sidewalk and curb are the responsibility of the City of Boynton Beach for maintenance and repair Any damage to these existing bnck pavers during construction of the project shall require replacement by the applicant PLANNING AND ZONING 15. If not exempt from the Art in Public Places requirement, demonstrate participation by submitting the completed application to the Public Arts Administrator, and at time of permit, revise site plan and landscape plan to indicate location of required public art (near Federal Highway). Seabourn Cove Ph II (NWSP 12 -001) CONDITIONS OF APPROVAL Page 4 DEPARTMENTS INCLUDE REJECT 16 A unity of title is required prior to the issuance of a permit for vertical construction for this project The Building Division will require the recorded document as part of the building permit application submittal 17. A letter of approval from Palm Beach County Traffic Engineering Division for traffic concurrency based on the submitted traffic statement will be required prior to issuing any permit for vertical construction for this project 18. Submit a recorded copy of the revised Developer's Agreement for this site to Planning & Zoning when the agreement is fully executed 19. Pnor to issuance of building permits for the construction of the buildings a no objection letter from all utility providers shall be submitted for the existing platted and recorded 3 foot public utility easement extending from the west property line to the east property line through the middle of the subject property. The easement shall be officially abandoned and recorded into public record prior to issuance of the certificate of occupancy for the first constructed building 20. At time of permitting, revise photometrics plan to comply with Chapter 4, Article VII Section 4.0 (Maximum Footcandle and Illumination Levels) of the LDR. 21. At time of permitting, add the following notes to the photometncs plan. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value A minimum average Tight level of one (1) foot candle shall be provided, with no more than 10% of the spot readings below one (1) foot candle and none below 'h foot candle. Lighting shall not be of an intensity that produces glare on adjacent property. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. 22 At time of permitting, revise site plan tabular data on sheet SP -1 for proposed building height, and total building square footage to match drawings. Also revise table on sheet SP -1 for Building Type Area Breakdown to match revised square footage of floor plans. 23 At time of permitting, revise site plan and landscape plan to dimension width of perimeter buffers and label as such 24. At time of permitting, revise plans to include an irrigation plan Seabourn Cove Ph II (NWSP 12 -001) CONDITIONS OF APPROVAL Page 5 DEPARTMENTS INCLUDE REJECT 25 At time of permitting, revise the site plan to include the following note: If rental units are converted in the future to condominiums, a condominium association shall be required to be established and the condominium documents will specifically prohibit individual pools, additions, or modifications to the patios, porches, or balconies. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None ADDITIONAL CITY COMMISSION CONDITIONS To be determined. Yt.•—' • S \Planning \SHARED\WP \PROJECTS \Seabourn Cove Ph II \NWSP 12- 001 \COA doc