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Minutes 09-04-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 4, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager Mack McCray, Vice Mayor James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner 1. OPENINGS A. CaII to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Hay called the meeting to order at 6:29 p.m. and welcomed those present. The invocation was given by Mayor Hay and the Pledge of Allegiance to the Flag was led by Commissioner Holzman. D. Brand Promise Statement The brand promise statement was read: "It is time to take a look at Boynton Beach, a tropical hometown where the Atlantic meets the Everglades ". E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ross pulled Items 6.F and 6.H. Vice Mayor McCray pulled Item 6.C. Commissioner Holzman pulled Items 6.1 and 6.J. Mayor Hay indicated the items he wished to pull had already been mentioned. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda. Commissioner Holzman seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Vote The motion passed unanimously. 2. OTHER A. Conduct First Budget Public Hearing for FY 2012/2013 Proposed Annual Operating Budget. Attorney Cherof advised it was the first of two public hearings being conducted to adopt the upcoming year's millage rate and budget. The first item discussed would be the millage rate, followed by the budget discussion. Members of the public would be given the right to participate and ask questions or get information on the proposals. A second public hearing would be held on September 18, 2012 at the same location, at 6:30 p.m. with the same process. It would be when the final millage rate and final budget would be established by the Commission. Vice Mayor McCray wanted the impact of a possible tie vote explained. Attorney Cherof suggested, beyond the differences, the Commissioners should move forward with the adoption of the tentative budget and millage. At the final hearing, if a two /two vote is obtained the Commission would be in default of the provisions of the Statute. The consequences would include state share funds would have to be forfeited and would not be received until the budget was adopted in some process. Ms. LaVerriere added the amount of funds at stake would be $6.7 million. Mayor Hay wanted clarification regarding the timeline. Attorney Cherof noted proposed changes and amendments could still be made. If a deadlock is created, the details could be further discussed at the second public meeting. Barry Atwood, Finance Director, thanked the budget team for their preparation of a budget and Tony Davidson, Budget Manager, Deputy Director Tim Howard and Revenue Manager, Sue Moroney for their work on the budget and presentations. Mr. Atwood continued the total budget was $167 million for all funds. Ms. LaVerriere interjected there were seven issues that remained from the workshops that had to be finalized. She also announced the final hearing on the fire assessment would be held at a special meeting on September 13 a Thursday, at 6:30 p.m. in Chambers and the second budget public hearing would be on September 18, at 6:30 p.m. Mr. Atwood recalled the tentative rate had been set on July 17 The general fund budget was 41 % of the total budget. The water and sewer fund is 22% and other funds follow at lesser percentages. On the revenue side, 100% of the water and sewer fund is 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 funded by the rates and is the largest source of revenue at $36 million. Property taxes are the second source of revenue at $23.5 million. Personnel services are the largest single element of the budget from all funds with 702 City employees that represents a decrease of three from the current year. In 2006/07 there were 998 employees for a 22% decrease to date. The General Fund has a proposed expenditures of $68.8 million which is a 5.6% increase over the current fiscal year. Personnel services consume 81% of the total budget. Fire and Police, Public Safety, is 70% of the personnel expenditures with a total budget representing 47.7 %. The proposed increase in the budget is a $3.7 million increase over the current year budget of $165,142 for a 5.69% increase. The annual contribution to the three pension funds is $2.2 million. There is an employee health insurance increase of $545,000. A grant expired for the Police Department and the officers are now added back into the General Fund budget at $632,000. There is a Fire salary increase under the collective bargaining agreement of $438,000. Those items total in excess of $3.825 million which would be slightly in excess of the proposed increase. The funding sources for the proposed budget include the property tax levy at 7.8 mills, the tentative rate resulting in a net levy of $23.5 million. The difference between the total tax levied and the net taxes going into the General Fund, would be the amount of the Tax Increment Funding (TIF) that the City is required to give to the Community Redevelopment Agency and the property tax discounts that citizens utilize for paying taxes in advance of the due date. The General Fund balance has been reduced by 50% or $10.4 million between fiscal year 2005/06 and the current fiscal year. The reason for the decrease was the property tax decline of 27% from $32.3 million down to the $23.5 million proposed for FY12/13. The fund transfers from the General Fund and other funds have made up the difference because the budgeted expenditures have not been reduced by very much. Taxes were reduced. The rollback rate is the rate that would raise the same amount of tax revenue as the property tax raised last year, in the current year. The rollback rate is 7.3016 and the current rate is 7.1941 mills. It calculates as a rate increase of 1.49% resulting in a levy increase of 0% The recommended and proposed budget is a tax rate increase of 5.64 and 8.42, but the real increase is the lower percentage of 4.09 or 6.83. The calculation involved new construction and assessed valuation and other pluses and minuses that were determined by the State. The objective is the TRIM rate for no tax increase is to raise the same amount of taxes in the new budget year as in the current budget year. 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 There were a couple changes that involved taking $3 million from the General Fund balance or reserve, establish the millage rate and a Fire Department wage increase in the collective bargaining agreement. There is also a potential increase in building permit fees and other fees. Ms. LaVerriere noted the transfer of $3 million was a result of being fiscally conservative coming into the close of the last budget year at $2.4 million under budget. It gave the leverage to take the $3 million from the reserve fund. A major goal should be to build up the reserves again. Mr. Atwood continued the wish list items from the budget workshops and the recommended rate of 7.6 mills would result in a slight deficit of $302,000. Raising the rate to the tentative rate of 7.8 mills would add $621,000 and puts the City in a positive budget position of $318,000. The City -wide property values fell by almost 2 %. In fairness to the press and in conjunction with the TRIM requirements the 6.83% tax increase is the actual notice in the newspaper which is the percentage over the rollback rate. The five -year trend in the gross taxable values has gone from $6.134 billion declining by 38% to $3.7 billion. The tax rates have gone down from the high of 7.5 mills with a gross taxable value of $4.2 billion up to a high of $6.1 billion. Ms. LaVerriere noted the property values have dropped only 1.5% this year and hopefully the decline was leveling off. Mr. Atwood advised the decline to the Community Redevelopment Agency was 37% in TIF taxes. By adopting a millage rate lower than the rollback rate resulted in property taxes decreasing by $16.8 million over the four year period or an average of $4.2 million annually. It was a tax decrease of $16.8 million that was recouped by using reserves and fund balances out of other funds to balance the budget. Those reserves have been exhausted fairly low. The current year was the first time that taxes were set at the rollback rate. Even though there have been tax increases, there were a greater number of taxpayers paying $200 or less in ad valorem property taxes. The recommended 7.6 tax rate for an assessed value, after the homestead exemption, results in an increase of $2.55 annually. At the 7.8 mill rate, the increase would be $7.35 a year for 29% of the population in the City of Boynton Beach. The City's taxes are a little less than a third of the total tax bill. The impact on commercial and non - homestead properties would be an increase of $12.70 annually at 7.6 mills and a $22.50 annual increase for the 7.8 mills. Ms. LaVerriere reviewed items that needed to be addressed from the workshops. The landscape maintenance has been greatly reduced and makes attracting economic development much harder. Adding in $150,000 was discussed. Increasing the Library budget to include more books and publications was discussed at $41,000. It would be 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 approximately $133,000 to keep the Library open on Fridays. Ms. LaVerriere was not recommending the change. The public had adjusted to the hours The third item was total cost of overtime for the Police Department in all budgets. The overtime budget in the Police Department is budgeted at $808,000 and $45,760 is budgeted for the special detail at the Library. The reimbursement for overtime from other agencies is budgeted at $55,000 a year. The closure of Fire Station #1 and the impact relating to response times, revenues, and layoffs was covered in a memo from Chief Carter. There was also an update on the red Tight camera program. Ms. LaVerriere was recommending adding two Community Service Officers to the budget to administer the program and not utilize road patrol officers. Approximately $300,000 was transferred out of the program and there has been a positive impact on safety issues. The 4 of July funding through the Community Redevelopment Agency (CRA) has been questioned and transferred to the City with $85,000 for special events. The Development Department was prepared to offer suggestions on ways to raise revenue and the budget reflected an increase of $75,000 if the adjustments were approved by the Commission. Vice Mayor McCray stated the law requires the items shifted from the CRA to the City because TIF monies cannot be used for those purposes. Mayor Hay inquired if the City would have to re -pay the CRA for those expenses previously paid. Attorney Cherof could not respond to the maintenance issue because he had approved the resolution the Commission adopted that it was a proper use of CRA funds. The CRA Attorney Spillas also approved the resolution and felt it was a proper use of funds. To his knowledge, there was no claim pending from the CRA. Ms. LaVerriere noted the CRA auditor did not deem a repayment would be appropriate. On the landscape issue, Ms. LaVerriere reported that built into the $150,000 are two areas over by the Promenade and Marina entrance that the CRA has paid for maintenance. The City now administers the contract and the cost is proposed to be shifted to the City budget. Jeff Livergood, Director of Public Works and Engineering, explained the bids received provided good verification of the cost with the more expensive items being re- establishment of some of the trees and plantings. Commissioner Holzman inquired if any new plantings would be low maintenance, in their natural habitat and indigenous species that would not be costly to water. Mr. Livergood confirmed that was the intent. The medians have been transitioned from mowing turf to plantings and mulch, reducing the watering and maintenance costs. It covers both Boynton Beach Boulevard and Federal Highway within the incorporated limits entirely. 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Mayor Hay inquired if there was some type of priority to the list and Mr. Livergood responded it was one cohesive project and were all given priority. Ms. LaVerriere noted it did not include the Congress Avenue corridor at this time. Commissioner Holzman clarified it would not diminish the funding set aside to improve Seacrest Boulevard that was in capital funds. Mr. Livergood indicated the project would commence October 1, 2012. Vice Mayor McCray asked if the mulch would be replaced down Federal Highway. Mr. Livergood advised the mulching was not being done at all and would now be done two times a year, Commissioner Ross thought it was a priority and should be put in motion for the Federal Highway and Boynton Beach Boulevard areas. Commissioner Holzman wanted to discuss the issues involving the Library of $41,000 for books and $130,000 for opening the Library one additional day of service. Craig Clark, Library Director, responded the one -day costs would include staffing and utilities. Commissioner Holzman asked if a half day on Friday was considered and the cost involved. Mr. Clark advised it would not be an even split of the costs and it would cause an internal nightmare for scheduling personnel. The request was made to have a breakdown of the anticipated cost by the next meeting, for a half day. Mayor Hay inquired if Mr. Clark had received any demands to have the Library open on Fridays. Mr. Clark replied at first there were some complaints, but it was mostly people using the computers for job searches and research. Vice Mayor McCray noted the Palm Beach County Libraries are open on Fridays as an alternative for any urgency. He was fine with the Library remaining closed on Fridays. Commissioner Ross and Mayor Hay agreed. Saving the money was good at this time. Ms. LaVerriere turned to the overtime for the Police Department and explained it is limited to the Police Department and the special detail at the Library. Neither Mayor Hay nor Vice Mayor McCray indicated they had any concerns. Item four involved Fire Station #1 closing. It had been discussed at previous workshops and meetings initially to identify space needs for the expansion of the Police Department. It was hoped that a workshop could be scheduled to talk about the overall campus in light of work being done toward the redevelopment of the Old High School. Parking is an issue and the cost of renovating City Hall for the future remains unknown. Vice Mayor McCray pointed out the Community Redevelopment Agency was also addressing the issue of parking for the downtown and would be a part of any future d iscussions 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Ray Carter, Fire Chief, came forward. Commissioner Holzman opined he had read the memo and characterized it had jumped to many conclusions without factual backup material. It appeared to be a scare tactic, even if that was not the intent. For instance, insurance companies were not contacted and specifically questioned on the impact of closing Fire Station #1. Chief Carter had spoken to insurance companies about rate increases if the ISO ratings change. Commissioner Holzman developed information on specific addresses and businesses within Boynton Beach was not obtained for the conclusion drawn. Commissioner Holzman asked if the City Attorney had been contacted regarding the contract with Ocean Ridge before commenting. Chief Carter advised his comments were based on his discussions with Ocean Ridge. He had not spoken to Attorney Cherof. Commissioner Holzman recalled Attorney Cherof's opinion was in direct contrast to the conclusion drawn by Chief Carter and found it offensive because the City Attorney was hired to make legal decisions and it was not Chief Carter's job to do so. Commissioner Holzman believed the original assessment was done to build three new fire stations, sunshine the assessment when completed and close Fire Station #1 which the citizens supported. The fire assessment has not been withdrawn and now Fire Station #1 was not closing. He felt it was shameful when prior Commissions made promises that were later ignored. Especially when there is a Fire Station less than a mile away that covers most, if not all, of the area covered by Fire Station #1. Coupled with the fact the Police Department is in a space crunch that could be solved by closing Fire Station #1, getting rid of the firefighters or moving the firefighters to another station that would maintain the level of service, and limit the exposure to the citizens. Additionally millions will have to be found to build another police station. Commissioner Holzman concluded it was time to close Fire Station #1, following through on a previous promise and provide the services that have always been provided. Ms. LaVerriere stressed the memo addressed the possibilities and alternatives. Until decisions are made and discussions with Ocean Ridge are commenced, the result is unknown. Chief Carter did not make affirmative assertions, only outlined the considerations. She was not certain that closing Fire Station #1 would solve the Police Department's space problem. A cost analysis had to be done on the building and the parking being a major issue, could result in serious renovation costs. Vice Mayor McCray opined the memo did not include scare tactics. He had been on the Commission when the fire assessment was initiated. It was supposed to sunset in seven years. It has continued. The memo was factual. There is a need. Actually he recalled Fire Station #5 was to be built east of 1 -95, but available property was not found 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Mayor Hay concluded the discussion on the issue should be undertaken at a workshop. He did not feel the Chief was misleading the Commission. Increasing the response time was a concern. The ISO rate is now 2 and could be lowered to a 3, translating to a possible increase in insurance rates. Fire Station #1 covers an area that is not the top income area of the City and would put those residents at a disadvantage to pay more for insuring their homes. The ladder truck would have to be moved away from the tall buildings they are designed to protect. Jeopardizing the revenue generated from four other municipalities would be another consideration. They all should be discussed during a workshop looking at the total picture to avoid any hasty decisions. Commissioner Ross thought the memo had good information even though some information was missing. The public should be made aware of the history of the assessment that some taxpayers view as a hidden tax. It is true that past Commissions had considered closing Fire Station #1 when Fire Station #5 was completed. Chief Carter agreed the strategic plan included closing Fire Station #1 and only having four Fire Stations. In 2004 when high rises were included in the downtown master plan and fire rescue services were supplied to Ocean Ridge, Fire Station #1 was brought back into the Strategic Plan to cover those needs. Commissioner Ross inquired about the possible options for Ocean Ridge. Chief Carter outlined they could continue to contract with Boynton Beach and renegotiate the current agreement. They could also contract with another rescue service or develop their own Fire Department. The possible change in the ISO rating would hinge on two factors. If the personnel from Fire Station #1 were moved to Fire Station #5 and the ladder truck put in full service at that location, the current rating may continue. If the personnel is laid off and the ladder truck not in constant service, points could be lost to drop the community rating by 1. Mayor Hay understood four municipalities have contracts and generate revenue and Ocean Ridge was willing to pay a premium amount to ensure the response times remained low. It made sense that Ocean Ridge would want to negotiate for Tess if the response times increase. Chief Carter was not part of the original negotiations with Ocean Ridge but had provided minutes of the meetings held at that time including a discussion on the response times. It was at that time Fire Station #1 came back into the Strategic Plan. Vice Mayor Hay remembered the history of the fire assessment and that Fire Station #1 remained because of the high rise buildins in the area. He surmised Fire Station #1 should remain at the present location as long as the high rise buildings existed. Commissioner Holzman asked the City Attorney to enlighten everyone if there is anything in the agreement that discusses response times and the location of Fire Station #1. Attorney Cherof advised there was nothing in the agreement that requires the City to keep Fire Station #1 open. The only reference to response time is in a whereas provision that it will conform with the Palm Beach County Fire Code 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Ordinances. There are a set of maximum recommended response times and the City's response times are significantly below those standards. Chief Carter the current response time to Ocean Ridge is five and a half minutes travel time. With the addition of processing time and alarm response it would be an additional minute to minute and a half. Commissioner Holzman calculated there was a minute to one and a half minute leeway with a Fire Station just over the bridge. He did not see the response time as being a problem if Fire Station #1 was closed and the department would do the best they could to ensure the time was upheld. Commissioner Holzman felt it was important to move the City forward, stop looking backward and maintain the ability to service everyone. It would solve a large problem that exists with spacing and would allow the City to move forward. Mayor Hay emphasized seconds could mean the difference between life and death. A large portion of the population is the elderly in the northern sections. Many questions remain that should not be addressed hastily. He opined Fire Station #1 should stay where it is. Chief Carter added there are three ladder trucks with one at Fire Station #5 for use with special operations. There is another ladder truck at Fire Station #2 in addition to the one at Fire Station #1. Commissioner Ross asked about the history of the high rise buildings in the City and any fires or EMT calls. The big issue is occupancy and the high rises are living quarters that would have a high life hazard. All the buildings are new construction and all are required to have sprinkler systems and alarm systems. Fires still occur. The staffing required for emergencies involving multiple occupancies in a single building is high. Commissioner Ross advised the Commission had to take calculated risks with their choices. Ms. LaVerriere saw it as an opportunity to look at the entire delivery system, staffing levels and the department as a whole, rather then one station in isolation. All the details of occupancy and construction have to be considered and may be a better approach. There has been some speculation if Fire Station #1 were closed it could be rebuilt as a smaller station in the downtown redevelopment area. She reiterated the current contract does not require a specific response time. She understood the price paid by Ocean Ridge was negotiated knowing the location of Fire Station #1 and the basis for the contract price. When the contract is renegotiated in 2016 the numbers would change up or down. Vice Mayor McCray knew from experience that Fire Station #1 provides excellent response times. The fire assessment is in place and the firefighters do an excellent job. The Commission needs to look at the bigger picture of selling Boynton and do what is best for the entire citizenship and not one segment. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Commissioner Ross contended the Commission bears the responsibility of scrutinizing the budget and making tough choices. Significant decisions need to be made. Studies and workshops delay the decision making. There is an opportunity to make space for the Police Department which should be important to the Commission and the City. The public has voiced their opinion that the Police Department should stay in the downtown. The choices should be made now. She voiced her opinion that the closing of Fire Station #1 should be considered. Mayor Hay emphasized the decision was an integral part of the overall Strategic Plan. It would be premature to make a decision without discussion on the future of the entire complex. Commissioner Ross thought it would be a great jump start to the downtown development. The City needs a shot in the arm with a bold decision. Commissioner Holzman suggested a decision was not forthcoming and the Commission should move on with another segment of the budget. Mayor Hay declared the discussion would continue at the next meeting. The red Tight camera program was the next update. The traffic safety program had been in effect for almost one year and good data had been gathered. There has been an increase in safety at some intersections and the production of some revenues to assist with the budget, including the cost of running the program. Mr. Atwood advised there was a transfer of $300,000 to the General Fund. The program is administratively intensive to follow the process. The hours are comparable to a solid full -time position doing nothing but red light camera ticket processing. The cost of the patrol officers performing the functions is much more expensive than hiring two Community Service Officers at half the cost. The traffic officers are not on the road writing those traffic enforcement type tickets, experiencing a loss of $60,000 to $70,000 in revenue. The program is performing from a safety perspective. The current contractor has suggested adding five more intersections. Ms. LaVerriere did not suggest adding those cameras if the traffic unit would continue to be utilized. Adding the two Community Service Officers to administer the program and do other responsibilities would enable the program to be enhanced and run more efficiently. Commissioner Holzman was not interested in adding more red light cameras. Mayor Hay supported adding the cameras. The reality was there will be some point of diminishing return and the number of tickets would reduce and the safety numbers would stabilize. The goal is traffic safety and not generating revenue. Commissioner Ross believed in the program and wanted to further explore the addition of the Community Service Officers if more cameras were installed. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Mr. Atwood reported there was a 58% reduction of accidents at the intersections. The only reason there was money available to transfer into the General Fund, was because the officers' time has not been charged through the fund balance. The transfer helped to cover the cost of the officers working on the program and charged to the General Fund. In the beginning, there were eighteen identified intersections. Eleven intersection cameras were selected. Based on the safety results, the vendor was recommending five more. It did not make economic sense to continue the program with patrol officers. The Community Service Officers are half the cost. The proposal was to charge the two Community Service Officers to the traffic safety fund and it would break even with current statistics and fines. It would also put the traffic safety officers on the streets to perform a critical service and not incur overtime to administer the red light camera program. Mr. Atwood recommended the five cameras be added and /or have the two Community Service Officers restored. Vice Mayor McCray agreed. Commissioner Ross was considering the addition, but wanted to review all the budget items before making a final decision. Mr. Atwood noted it was not a General Fund expenditure. Ms. LaVerriere indicated all revenues and expenses would be captured in the Traffic Safety Fund. Commissioner Ross inquired if the State share of the fine would change or remain the same. Chief Immler advised the breakdown was set by the State with no input from the municipalities. Commissioner Ross questioned if adding the cameras would be premature until another year of data was collected and evaluated. She agreed the Community Service Officers should be added. Commissioner Holzman questioned if an accident study or analysis had been done at the intersections to be added to see if there was an overall improvement in safety. Mr. Atwood reported the vendor had determined the number of daily violations at each intersection. Commissioner Holzman speculated that many drivers are not aware of the locations of the red light cameras, so overall the safety numbers may have improved. Chief Immler indicated that overall traffic accidents had not gone down. Previously an officer was sent to the County to determine if the reported accidents were intersection related or not. The research would be manpower intensive. Commissioner Holzman maintained further data on accidents at all intersections should be gathered before new cameras are added. Mayor Hay disagreed and offered the project should move forward. He declared there was consensus on the issue. Mayor Hay and Commissioner Ross did want to see the data, but agreed the new cameras should be installed. The next issue was the 4 of July celebration. Ms. Biscuiti had submitted data that the event costs approximately $85,000 a year. Absorbing the organization of the event with current City staff could be problematic. Ms. LaVerriere recommended if the 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 responsibility is transferred to the City, some cost cutting would be required such as eliminating the band and stage and associated costs. Ms. Biscuiti would continue to organize the event and the CRA would be reimbursed by the City for those costs. Ms. LaVerriere recommended the budget figure remain at $85,000 and endeavor to do some cost cutting to offset the cost of having Ms. Biscuiti coordinate the programming. It was pointed out the band and stage cost approximately $6,000 to $7,000. Mayor Hay commented Boynton Beach was one of the few cities that continues to have a full - fledge 4 of July and people come from quite a distance to see the display. It is an opportunity to showcase the City and give back to the citizens. The crowd has increased every year and he favored continuing the event. Commissioner Ross was in favor of keeping the event. She did think the cost was quoted as less than $85,000. Ms. LaVerriere responded the figure was direct from the CRA and covered all the costs. Commissioner Holzman concurred. Mayor Hay declared there was consensus. The changes in the development and permit fees were presented by Nancy Byrne, Director of Development, from a cost recovery standpoint. Ms. Byrne reported the fee changes would be brought before the Commission for approval and the figures were submitted to anticipate the revenue to be generated. A reorganization of the Department is ongoing to operate more like a business model. The services requested by the private sector are different than what has been offered. Commissioner Holzman asked if Ms. Byrne was seeking approval of the fees at this time. Ms. Byrne advised the fees would be brought before the Commission at several meetings. It identified a potential additional revenue. Ms. LaVerriere added the $75,000 figure in the budget was a conservative number. Any increases would be at the discretion of the Commission. Ms. Byrne explained the Department has changed their business practice based on the request of the customers and added features such as historic preservation and economic development. Attorney Cherof reminded the Commission the public has the right to speak and ask questions regarding any measures proposed by the City. Mayor Hay opened the issue for public comment. David Katz, 67 Midwood Lane, apologized to Chief Carter for being interrogated by a Commissioner. Mr. Katz did not feel Fire Station #1 should be closed for the reasons mentioned. It was reported the contract was worth $560,000 and closing the Station would save $500,000 leaving the City $60,000 short. Mr. Katz wanted the red light cameras discontinued totally. Raising the taxes to cover the $300,000 would be better than the cameras watching over everyone. In relation to the Community Service Officers, he understood a certified police officer had to review the photos. Chief Immler 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 replied a sworn police officer or a CSO could review the tapes. With regard to the July 4 event he recommended the event remain as there were several thousands in attendance. Dr. Piotr Blass, 113 West Tara Lakes, was in favor of Fire Station #1 staying open. He thought technology should be used to further decrease the response time. It could be better. There may be alternatives to the red light camera program using GPS technology. There may be Constitutional issues relating to the cameras. Dr. Blass suggested the Library be open Fridays and it was not good that the citizens had to adjust to fewer hours. The City should move toward more intellect. Brian Edwards, 629 NE 9 Avenue, felt Fire Station # 1 was very important and related his personal experience in a life threatening situation requiring the services. Those few seconds were critical and saved a life. Even moving Fire Station #1 should be carefully considered before any decision is made. His neighborhood has a deep concern regarding cuts relating to Police and Fire. Mr. Edwards had served on the Charter Review Committee. He pointed out every position in the City is discussed during budget cuts with the exception of the City Attorney. He asserted the Commission was frustrating the citizens. He suggested safety not be sacrificed and the cuts should start at the top and work down. Ron Washam, 127 S. Atlantic Drive West, recalled the same issues had arisen in the past during elections. He agreed with Vice Mayor McCray's recollection of the past history of the issues. People want to be safe and Fire Station #1 is a part of that concept. The residents in District 2 have the least and need the City's support to have Fire Station #1 stay in the area. The high rise buildings were not effectively planned, but the placement of Fire Station #1 is critical for those residents too. Victor Norfus, 261 N. Palm Drive, indicated Fire Station #1 serves mainly District 2 and the eastern part of District 3 that would impair the citizens in the area and the development of downtown. There may be ways to cut back on the cost of maintaining the Station, but closing the facility is not an option. Mr. Norfus had been saved by the personnel as a child and was very thankful. It is the main source of help along Seacrest Boulevard. Chris Yanuzzi, Chief of the Ocean Ridge Police Department and Town Marshall for Briny Breezes, 6450 N. Ocean Ridge Boulevard, Ocean Ridge, was present representing the public safety aspect for both towns. He recalled the cost to run Fire Station #1 was $337,000 and at the time Ocean Ridge paid $870,000 a year for fire service and Briny Breezes paid $281,000 totaling $1.2 million or three times more than it costs to run the station. There is also a 4% guaranteed increase per year. Chief Yanuzzi acknowledged the great relationship between the municipalities. The concerns expressed have been taken care of and he appreciated the efforts made to retain Fire Station #1. The data maintains that 50% of the calls are handled through Station #1 and 50% handled by Station #4. 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 The Fire Rescue Level of Service Committee in 2004 made a report to establish a standard level of service, county wide. The uniform response time elements would be alarm handling, turnout time and travel time for all responding emergency units. It is not just once a unit is on the road. It includes the call being received in dispatch. The standard established was eight minutes total response time. Response delayed is response denied. He pointed out Fire Station #5 could only exist if there are Fire Stations one to four. Ocean Ridge should not be left with three years on a contract with a reduced level of service. No one else coming forward, Mayor Hay closed public comment. Ms. LaVerriere mentioned there was consideration for a police management study and the Request for Proposals had been sent out. The forfeiture funds would not be available to pay for that study. It is an operational expense. The budgeted cost is $60,000 and was added to the list. Vice Mayor McCray recalled when citizens spoke at the meeting and asked questions, there had previously been a report indicating the issue and the response. Janet Prainito, City Clerk, responded an action report was prepared and sent to the departments for a response. The practice was not currently being used. There was consensus to institute the prior process. PROPOSED RESOLUTION NO. R12 -086 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2012 -2013. Attorney Cherof read Proposed Resolution No. R12 -086 by title only. He suggested a motion be offered to approve the Resolution with a millage rate of 7.8 and 6.83% as the rate that it exceeds the rollback rate for discussion. Commissioner Holzman confirmed the rate set could not be adjusted higher and at the next meeting the rate could only be lowered and Attorney Cherof concurred. Motion Vice Mayor McCray moved to approve Resolution No. R12 -086, since it was tentatively adopted at 7.8 mills on July 17 and the rollback rate be 6.83 %. Commissioner Holzman asked for the budget figures for 7.6 and 7.8. Ms. LaVerriere announced the difference between the 7.6 and 7.8 represents $621,000 in revenue. With the list of items for discussion, the budget has a balance of $318,000 and the $621,000 would have to be deducted. Vice Mayor McCray understood with the 7.8 mills there would be a positive balance of $318,200 that would be available for transfer if needed. Ms. LaVerriere agreed and 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 noted it included all the items on the list for additions. Vice Mayor McCray opined the City needed' to be in a position to transfer funds so the City can remain on a positive side. Mayor Hay passed the gavel to Vice Mayor McCray and seconded the motion. Commissioner Holzman argued the 7.8 was too high. He did understand the need to have a cushion. There are many conservative estimates made in the budget including the increase in building funds. He felt if things need to come out of the budget such as take the Library from $150,000 to $75,000 or other events, the higher rate would not be necessary. This year the budget included $2.4 million that was in reserves from the previous year that was being used to balance this budget with $3 million. Commissioner Holzman argued a $300,000 savings from this fiscal year is very likely in light of the $2.4 million under budget from the previous year. Given the City's ability to tighten up, cut corners and only do those things necessary, he surmised it would be in everyone's best interest to hold the rate at 7.6 until the next hearing. Commissioner Ross thought the 7.8 mills was higher than necessary. The City Manager's recommended tax rate is 7.6 with a tax increase of 5.64 %. Mayor Hay recalled the same arguments were raised last year and created the current budget crisis. The charts have been reviewed indicating the minimal impact on the taxpayers. The residents have spoken from across the City that they are willing to pay extra for full services and maintain the current levels. The continued transfers from the reserve funds were not an appropriate way to run the City. He supported setting the rate at 7.8 to establish a cushion. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). Attorney Cherof advised the Commission had to keep working and suggested the rate of 7.8 was advertised and the taxpayers have seen that figure and many have not appeared to object or assist in the decision. He was not suggesting anyone concede on their final decision at the second and final hearing. He only asked the discussion remain alive at the rate advertised as a point of compromise and continue the debate. If it is adopted at 7.8 mills along with the corresponding budget, two weeks remain to work out any details and to allow the public to digest the positions of all the Commissioners. It is important under the timetable for the Truth in Millage (TRIM) regulations to conclude the process with the adoption of a proposed budget and tentative millage date. Commissioner Ross acknowledged that it can be set as high as 7.8 and take it down from there next time. Motion 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Vice Mayor McCray moved that the millage rate remain at the 7.8 mills. Commissioner Ross seconded the motion. Vote The motion passed unanimously. PROPOSED RESOLUTION NO. R12 -087 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2012 -2013. Attorney Cherof read Proposed Resolution No. R12 -087 by title only. He recommended the same type of motion as was done on the millage rate. Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). B. Informational Items by Members of the City Commission Commissioner Ross acknowledged the excellent communication involving the flooding that took place in the Meadows development during Tropical Storm Isaac and hoped the situation could be improved. She also shared the Poverty Tour 2.0 would be in town to address the poverty issue. She wanted to be sure the non - profits are aware of the series to be held in West Palm Beach on September 15 at noon. It is a three -hour town hall symposium. Mayor Hay announced on September 13 there would be a State of the City address. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of September 2012 as Hunger Action Month. Mayor Hay gave an overview of the Hunger Action Month proclamation. 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) 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 David Katz, 67 Midwood Lane, speculated that Atlantic Avenue in Delray Beach had become the new Roswell, New Mexico due to four independent and confirmed sightings before the last Commission meeting, of Commissioner Ross with the suspended Mayor who is facing decades of imprisonment. Yet, Commissioner Ross has limited contact with the Interim City Manager. There are parallel investigations into connections between a Palm Beach Gardens promotional speaker, the suspended Mayor and current elected officials. Examination by other investigative agencies includes the illegal recording of CRA staff members during one -on -one meetings. There are governmental, as well as independent investigations into the transmittal of messages and pictures between elected officials and convicted felons. Mr. Katz commented as a citizen and taxpayer of Boynton Beach, he did not understand why Commissioners from Districts 3 and 4 would not vote to confirm and allow Jerry Taylor to serve as the District 1 Commissioner so the residents of the district have full representation. Mr. Katz opined Mr. Taylor was the most successful Mayor the City has ever had and the benchmark for gauging and measuring all others who serve. Mr. Taylor is a man of great faith and served his country and community with honor. Whatever outside pressure has been exerted on the two Commissioners or resulting consequences if they vote in favor of his appointment would pale in significance as the ones that would come otherwise. Dr. Piotr Blass, 113 West Tara Lakes, had the highest respect for Commissioner Ross as a person with tremendous honesty and he was deeply offended by any comments to the contrary. Dr. Blass thanked Commissioners Ross and Holzman for utilizing his statement that democracy has no price. Even if an election cost $25,000 it would be worth it. He was continuing to organize the University of Boynton but without additional high tech the budget woes would remain. The city needs additional income and high tech and a university would be the channel to pursue. Cliff Montross, 109 SW 18 Street, in District 1, urged the Commission to fill the position as soon as possible. There are 13,000 residents in the district with no representation on the Commission. It was unacceptable. The Charter dictates the Commission should have a Mayor and four Commissioners. It uses the word "shall" and does not give the Commission any options other than to fill the position. Leaving the vacancy for eight or nine months without representation for 13,000 residents was not right in his opinion. He questioned if the residents did not have representation, could they withhold their tax dollars. The Commission has an obligation to fill the seat even if it has to be drawn from a hat containing the names of the applicant. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Mayor Hay nominated John Sparrell to serve on the Financial Advisory Committee as a regular member. Vice Mayor McCray seconded the motion. Commissioner Holzman noted this would be the fourth member of the Committee that would constitute a quorum. It was his recommendation that the Committee be held steady until one more member is appointed to maintain a quorum. Vice Mayor McCray was not in favor of holding the Committee hostage. There is a quorum now and the Committee needs to do business as usual. Mayor Hay was sure if a problem arose the Commission could be advised and act accordingly. 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 Record and subject to staff comments A. PROPOSED RESOLUTION NO. R12 -088 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Approve the Bid Award for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 063 - 1412- 12 /MFD to the following seven (7) companies: Ferguson, Fortiline Waterworks, HD Supply, Lehman Pipe, Mariflow, Municipal Waterworks and Sunstate Metering on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications for an estimated annual amount of $52,000 and will be purchased on an "As Needed Basis ". C. Approve the updated Library Long Range Plan for 2012 -2015. Vice Mayor McCray had pulled the item to hear a brief snapshot of the long range plans. Mr. Clark advised the document was required to be submitted for State aid. It is used to outline the services and objectives to measure their goals. The AmeriCorps program has been added with a tutor for the GED and ESOL issues which are two of the major programs. Without the documentation, the grant funding could not be obtained. 18 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion is passed unanimously. D. PROPOSED RESOLUTION NO. R12 -089 - Authorize application and execution of the agreement for Library State Aid To Public Libraries Grant for FY2012 -2013 E. Approve the minutes from the regular City Commission meeting held on August 21, 2012 F. Accept the resignation of Jeanne Heavilin, a regular member of the Special Events Ad Hoc Advisory Committee Commissioner Ross indicated she had pulled Items F and H to highlight again regular members of the advisory boards had resigned. She had discussed the issue with the City Manager's office and they had an understanding how the new volunteerism is about giving volunteers a project. Changes with the advisory boards need to be made to attract more volunteers. There was an agreement it was area that had to be addressed. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. G. PROPOSED RESOLUTION NO. R12 -090 - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on August 16, 2012 and; 1) Accept the 2012/2013 Wastewater and Reclaim O &M Budget, 2) Authorize establishment of user rate (O &M at $0.9866/1,000 Gal and R &R Reservers at $0.1940/1,000 Gal) to Delray Beach and Boynton Beach for fiscal year 2012/2013 at 1.1806/1,000 Gal, 3) Authorize establishment of the reclaim user rate at $0.18643/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2012/2013, 4) Accept the 2012/2013 Organizational Chart and Salary ranges, 5) Authorize the approval of the second amendment to the Interlocal Government Agreement for biosolids processing and recycling between the 19 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Solid Waste Authority and South Central Regional Wastewater Treatment and Disposal Board. Amendment to closeout project increases contract by the amount of $673,964 for a final contract amount of $7,370,799. H. Accept the resignation of T. Brooke Spell, a regular member of the Code Compliance Board Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. I. Approve the rejection of seven (7) proposals received by Procurement Services in response to the "RFP for a Three Year Contract for Pharmacy Benefits Manager "; RFP No.: 061 - 1610- 12 /JMA. Commissioner Holzman had pulled Items I and J for a explanation of the impact for the City on both items. Tim Howard, Deputy Director of Finance, explained the City had considered changing the health insurance plan from fully insured to partially self - insured. The recommendation was to reject all the proposals. There is an agenda item to renew the current plan with Cigna. Commissioner Holzman questioned if there was a plan to reduce the cost of health insurance for the City over future years. Mr. Howard noted there was the possibility of opening a health clinic. Next year it will be necessary to look at modification to the current health care plan from a benefit side and premium side and wellness side. Ms. LaVerriere added the employees would be encouraged to take responsibility for their health care that would ultimately reduce the cost. Motion Commissioner Holzman moved to approve both I and J. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 20 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 J. Approve the rejection of six (6) proposals received by Procurement Services in response to the "RFP for a Three Year Contract with a Third Party Administrator for the City of Boynton Beach Employee Medical Plan "; RFP No.: 060 - 1610- 12/TWH. (Prior motion covers this item). 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R12 -091 - Approve and authorize execution of a Two Year Agreement between The Hartford and the City of Boynton Beach for Life and Disability Insurance per the Request for Proposal for a "Two Year Contract for Life and Disability Insurance Plans for the Employees of the City of Boynton Beach "; RFP No.: 053 - 1610- 12 /JMA. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R12 -092 - Approve the piggy -back of the Martin County contract (RFB #2012 -2540) with Aquifer Maintenance and Performance Systems, Inc. (AMPS, Inc.) with the same terms, conditions, specifications and pricing. Approve the execution by the City Manager of a cover Agreement between the City and AMPS, Inc. The bid term is from July 23, 2012 to July 22, 2015, with options for two one -year renewals. This contract will be utilized for well rehabilitation services on an As- Needed Basis, with an estimated annual expenditure of $225,000. Motion Vice Mayor McCray so moved. Commissioner Ross seconded the motion. Vote The motion passed unanimously. C. Approve the Bid Award for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 062 - 1412- 12 /MFD to the following seven (7) companies: Corcel Corp, Ferguson, Fortiline Waterworks, HD Supply Waterworks, Lehman Pipe and Plumbing Supply, Mariflow and US Construction on an overall basis, as the lowest, most responsive, responsible 21 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 bidders who met all specifications for an estimated annual amount of $142,000 and will be purchased on an "As Needed Basis ". Motion Vice Mayor McCray so moved. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. D. Award the Bid for "TWO YEAR CONTRACT FOR LANDSCAPE MAINTENANCE" Bid #048 - 2730- 12 /JMA to BTS Land Services, The Brickman Group, First Genesis Lawn, Girard Environmental Services, BG Katz Property Maintenance, Latona View Lawn Care, Novo Arbor, Superior Landscaping, and Vincent & Sons Landscaping. The FY 2012/13 total award amount to all contractors is $657,818.80. Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. E. PROPOSED RESOLUTION NO. R12 -093 - Approve a one -year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND /OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2012 through September 30, 2013 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach. Motion Vice Mayor McCray so moved. Commissioner Ross seconded the motion. Commissioner Holzman asked for a further explanation. Julie Oldbury, Director of Human Resources, advised the initial renewal rate was 34% with Cigna. The benefits consultant negotiated the renewal rate to 19.67 %. The possibility of partial self- funding was investigated and those prices were not more favorable. The risk would have been an additional $2 million. The consultant then negotiated an additional reduction to 14.9% with no plan design changes. Commissioner Holzman commended Ms. Oldbury for limiting the increase. The Commission needs to take a serious look at the health care coverage for the future. The rate of $660 per month, per employee is 22 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 unsustainable. The rates have gone up 30% to 40% in the last three years. Alternative ways to cover the employees have to be sought. Commissioner Ross thanked Ms. Oldbury and Mr. Howard for their efforts. 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. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS A. District I Vacancy - Discussion of Letters of Interest Mayor Hay inquired if any of the Commissioners had changed their opinions. Commissioner Ross responded more than ever the Commission should remain as it currently stands or, if necessary, hold a special election. She did not support unnecessary elections, but felt this election is necessary and runoffs should be avoided. The City was at a critical point and the Commission already had two Commissioners seated by appointment. It should go to the voters or remain in the current status. Mayor Hay pointed out the Charter indicates, ". . . you shall . . ." and the two meeting time limitation has passed. He did not want to violate the City's own Charter. Attorney Cherof opined the general meaning of the word, "shall" is, it is mandatory. He had researched the issue and there were examples where shall does not mean shall. Attorney Cherof read from case law. It is a Supreme Court case regarding shall in the statute was mandatory and that a failure to strictly comply with its 72 -hour requirement, prevented judgment from being 23 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 entered upon forfeiture. The Court discussed the meaning of the word shall in that context. "It is generally the case that while it is true the first rule of statutory construction is that words are to be given their normal meaning, it is equally an axiom of statutory construction that an interpretation of statute which leads to an unreasonable or ridiculous conclusion or result obviously not designed by the legislature, will not be adopted. Whether shall is mandatory or discretionary will depend on the context in which it is used and the legislative intent expressed in the statute. Thus, for example, where shall refers to some required action, preceding a possible deprivation of a substantive right or the imposition of a legislatively intended penalty, or an action taken for the public benefit, it is held to be mandatory." It goes on to indicate there are cases where it may not be. It is up to the Commission to determine the use of the word in this context at this point in time that shall means mandatory and call for special election. If the Commission decides, based on the circumstances, that it does not mean it is mandatory because the result would be unreasonable or ridiculous then the Commission could interpret it that way as well. Attorney Cherof could not give any further guidance. Vice Mayor McCray noted the Charter said, ". . . shall be ..." and the citizens voted for those words. He argued a special election had to be held. The Supervisor of Election requires 60 days notice. The issue of advisory board vacancies has been discussed and now the Commission seat cannot be filled. He concluded it would have to go to the voters and monies expended for a special election. Commissioner Holzman and Ross interjected an election was not necessary. Vice Mayor McCray commented the City was the laughing stock of Florida over the issue. Motion Vice Mayor McCray moved that a special election be held. Mayor Hay passed the gavel and seconded the motion. Commissioner Holzman reiterated the purpose has been frustrating and it is not in the best interest of citizens to hold a special election for only two to three meetings. The citizens should vote at the regularly scheduled time. Commissioner Ross emphasized she represented all the citizens of the City and the business owners and not just those in District 4. Mayor Hay countered the Commission was organized with five members to operate. The present situation was not effective in some major decisions that affect the City. It is unfortunate. His interpretation of the Charter is an election is necessary. Split votes have been seen on several issues that have to be addressed and moved forward. 24 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 There did not appear to be any consequences for not following the Charter. He supported having a special election. Vice Mayor McCray explained he was addressing the voters of the City that voted for the Charter. Vote The motion failed 2 -2 (Commissioners Holzman and Ross dissenting). Attorney Cherof inquired if there was any possibility of readdressing the issue of appointing one of the five individuals interested in the seat. Mayor Hay recalled he asked the same question and it was emphatically stated there was no difference in their opinions. Neither Commissioner Holzman nor Commissioner Ross wanted to go through the process again. Mayor Hay asked if the Governor could step in and appoint a Commissioner for the vacant seat. Attorney Cherof did not know the answer. It was an inquiry that could be made of the Governor's office. Vice Mayor McCray and Mayor Hay asked that Attorney Cherof make the inquiry. Mayor Hay felt it was important that the elected officials owe the public a reason for their position. Commissioners Holzman and Ross interjected they had stated their positions. Commissioner Ross indicated it was at the Commissions discretion whether to hold a special election. With two of the four current members being appointed, it was not in the best interest of the City to have a third individual that was appointed rather than elected. She felt the current Commission was doing as good as the Commission did with all five members. It is important to be positive. Mayor Hay asked what the distinction was between elected or appointed. Commissioner Ross replied it was important for the citizens to have a direct voice in the selection and the funds expended were not that much to represent the citizens if it is necessary to hold an election. Commissioner Holzman had nothing to say and wanted to move forward. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO 12 -014 - SECOND READING - Approve amendments to the Land Development Regulations pursuant to Section 25 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 509.233 Florida Statutes, to allow for the exemption from that portion of State Law and the U.S. Food and Drug Administration's Food Code that prohibit dogs on the premises of a food establishment, and to establish a permit system and operational rules. Applicant: City Initiated. Attorney Cherof read Proposed Ordinance No. 12 -014 by title only on second reading. Motion Commissioner Ross moved to approve Proposed Ordinance No. 12 -014. Commissioner Holzman seconded the motion. Commissioner Holzman inquired if there had been any changes since the first reading. Mike Rumpf, Planning and Zoning Director advised there were no changes. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 3 -1 (Vice Mayor McCray dissenting). 14. FUTURE AGENDA ITEMS A. Final Adoption Public Hearing - Fire Assessment Rate Resolution - Thursday, September 13, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. B. 2nd Budget Adoption Public Hearing - Tuesday, September 18, 2012 @ 6:30 p.m. in Commission Chambers at City Hall, 100 E. Boynton Beach Boulevard. C. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" The brand promise was recited by those present. 26 Meeting Minutes Regular City Commission Boynton Beach, FL September 4, 2012 Closed -door session to be held at 7:30 p.m. (or as soon thereafter as practicable) on September 4, 2012 regarding the case of City of Boynton Beach, A Florida municipal corporation, Plaintiff v. Villa Lago Condominium Association at Renaissance Commons, Inc.,A Florida non- profit corporation, and RCR Holdings II, LLC,A Florida limited liability corporation. Case No. 502011CA019091 Attorney Cherof announced the Commission would be recessing for a closed -door session to discuss the case of City of Boynton Beach versus Villa Lago Condominium Association. In attendance would be the members of the Commission, City Manager and City Attorney. They would return to the Chambers to adjourn the meeting if anyone is present or adjourn the meeting in the meeting room. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:39 p.m. CITY OF BOYNTON BEA A" a' t oodrow L. cCray, Vice Mayor Commi - o - teven H • = n, +mm' sio er ATTEST: Marlene Ross, Commissioner awe , VI) • aa:L4t:cto - t M. Prainito, MMC Clerk 1 f , ���� J d' h A. Pyle, CMC � = • uty City Clerk 27