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Minutes 09-21-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, SEPTEMBER 21,2010 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Orlove Mayor Rodriguez called the meeting to order at 6:30 p.m. and welcomed those in attendance. The invocation was given by Mayor Rodriguez followed by the Pledge of Allegiance to the Flag led by Commissioner Orlove. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Rodriguez announced there would be a Special Community Redevelopment Agency (CRA) Board meeting held immediately following the Consent Agenda pulled items, to receive an update of the Executive Director Investigation. There was consensus to proceed as announced. It was suggested the following items be tabled: l.C, 10.B, 10.C, 10.0, 10.E, 10.F, 12.A and 14.C. Commissioner Hay requested the rationale for tabling all items under the City Manager's Report section and Mayor Rodriguez explained those were items the City Manager felt could be postponed without any impact. Mr. Bressner added the October 5, 2010 agenda was relatively light and the tabled items could easily be added. Commissioner Hay also wanted assurance there would be public input on the discussion relating to the CRA. Attorney Cherof advised the procedure should be discussed during the CRA portion of the meeting, rather than the City Commission portion. Meeting Minutes Regular City Commission Boynton Beach, FL September 21, 2010 Commissioner Orlove wanted to keep Item 12.A on the agenda to be discussed if time permitted and consensus was given. Motion Commissioner Holzman moved to table. Vice Mayor Ross seconded the motion. The motion passed. Vice Mayor Ross pulled Item 6.P and Mayor Rodriguez and Commissioners Hay and Holzman agreed. Commissioner Orlove did not pull any items. 2. Adoption Motion Commissioner Holzman moved to approve the agenda with the pulled items. Commissioner Hay seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Holzman advised he had been following the activity of the Historic Preservation Committee and the Ordinance would be coming to the Commission soon. He appreciated all their hard work. He also noted the Art in Public Places, Avenue of the Arts program was being changed out and new artwork with the theme of 'Textures" had been installed. He urged everyone to view the free art exhibits. Commissioner Hay recognized the meeting of the Heart of Boynton that had been well attended. He shared information with the participants and announced various programs in the community that were ongoing. He also attended the Chamber of Commerce luncheon and was impressed with Kelly Smallridge of the Business and Development Board. She pledged to continue working to bring jobs to Boynton Beach. Commissioner Orlove had also attended the luncheon and echoed Commissioner Hay's remarks. Commissioner Orlove announced the Boynton Beach Firefighters Benevolent Association would "take over" Bru's Room on September 29th with the proceeds to benefit the Heart Association. Mr. Bressner interjected it was a great event and encouraged everyone to attend. The Heart Walk would be held on October 2nd in West Palm Beach and Boynton Beach has fielded large teams in the past. He was proud of staff and the Fire Department for offering the program to benefit the worthwhile cause. 2 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Vice Mayor Ross would be attending the Fire Department's event. She also announced St. John Missionary Baptist Church would be celebrating its 102nd Anniversary and would be holding a family reunion in the park on September 26th at the Carolyn Sims Center. A game of Family Feud would be played and several teams from the City would be contestants. Vice Mayor Ross had also attended the Chamber of Commerce luncheon. She had attended the Historic Preservation Ad Hoc Committee meeting and was proud of the efforts made to move the process forward. Commissioner Hay added the activities for St. John Missionary Baptist Church Anniversary would be commencing on Wednesday through Sunday. Mayor Rodriguez announced that September was Hispanic Heritage Month and there was an art display by Hispanic artists at the Library. He thanked the Arts Commission for coordinating the display and event. Mayor Rodriguez had also attended the luncheon for the Literacy Coalition of Palm Beach County and October yth would be set aside to "Celebrate the Joy of Reading" by reading The Snowy Day by Ezra Jack Keats that he would read at the Library. He challenged the Commission to take time on October yth to read to a school, a day care, Children's Museum and perhaps Boynton could take the trophy home for participating. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm - Commission Chambers Mayor Rodriguez read the announcement of the 2nd Budget Public hearing and Final Adoption of FY 2010-2011 Operating and CIP budget to be held on September 27,2010 at 6: 30 p.m. at City Hall Chambers B. Permit announcement of the Fall 2010 semester of the City Services Institute Wayne Segal, Public Affairs Director, advised October 4th would be the kickoff of the fall semester of the City Services Institute. It was developed to teach the participants the structure of City government in an entertaining and informative manner. The course runs for 8 weeks and he encouraged everyone to take part in the class to be better informed how to deal with the City and conduct their business more efficiently. C. Presentation of Nonprofits First@), a Boynton Beach based nonprofit organization that provides programs and services for Palm Beach County 501 (c)(3) organizations, by Pedro del Sol, President and CEO. Pedro del Sol, representing Nonprofits First@), thanked the Commission, staff and public- at-large for the opportunity to be a part of the City of Boynton Beach. Nonprofits 3 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 address the needs that the public and private sector can or will not do. Last year, over $300 billion were donated to nonprofits. Within the State of Florida, there are more than 40,000 charitable organizations, 4,000 within Palm Beach County and within the City of Boynton Beach approximately 200. With the current economic environment, the demand on non profits has increased world- wide and the resources have decreased. Donations have now become social investments and the return on the investment has to be obvious or the public trust can be lost. The IRS cannot track all the funds and has encouraged transparency in all organizations. Nonprofits First@) was organized by public and private foundations to assist the many nonprofit organizations to ensure they maintain the public trust. One program offered is a certification that includes a self-assessment of the operation of the nonprofit. Education classes, leadership training, and back-office support are also offered. They have assisted over 300 agencies. Their goal is to make nonprofits more efficient and effective to carry out their mission to support and aid the needs of the community. Mayor Rodriguez inquired how long a request for services would involve. Mr. del Sol responded due diligence would be undertaken to assess the need and provide the proper service. D. Establish a date, time and public outreach for Climate Action Plan Special Meeting Nancy Bryne, Assistant Development Director and member of the sustainability team, indicated a meeting date needed to be established. There was consensus to hold a workshop at the Intracoastal Clubhouse on Saturday, October 16 from 8 a.m. to 10 a.m. E. Proclaim September 27,2010 as Family Day in the City of Boynton Beach. Mayor Rodriguez proclaimed September 27,2010 as Family Day in the City of Boynton Beach as sponsored by the National Center on Addiction and Substance Abuse. 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) Dr. Piotr Blass, 113 W. Tara Lakes Drive, gave an update on the progress of the organization of the University of Boynton. They were starting at the post-doctoral level. The program involved no tuition and they met in the cafeteria of the Library from noon to 4 Meeting Minutes Regular City Commission Boynton Beach, FL September 21, 2010 4 p.m. Dr. Blass revealed that Albert Einstein's son lives in Boynton Beach and should be an inspiration. Dr. Blass's vision included Boynton Beach as an outstanding university city and then property values would skyrocket. Sid Garcia, counsel for Lisa Bright, 224 Datura Street Suite 900, West Palm Beach commented on the topic of the CRA Board meeting and contended many charges had been made against Ms. Bright and when one is unfounded a new charge surfaces. He questioned what was motivating the action and suggested a battery and assault case that Ms. Bright had filed against Mayor Rodriguez precipitated the harassment of Ms. Bright. Mr. Garcia noted Ms. Bright and her staff had been exonerated of the electioneering charge. The public record request charges were also unfounded. The current charge is problematic also because the policy states entertainment charges are exempt from the bidding policy of the City of Boynton Beach. The policies of the CRA and the City are two separate entities. Mr. Garcia sought clarification from Attorney Cherof on his comments that he had been misquoted by the press on the CRA bidding policy. The latest issue revolves around the residency of Ms. Bright. Mayor Rodriguez interrupted that the three-minute time limit had been reached. Mr. Garcia countered that Ms. Bright had due process rights. Mayor Rodriguez pointed out it was not a court room setting and thanked Mr. Garcia for his remarks. Brian Edwards, 629 NE 9th Avenue, referred to the issue of the Holiday House and supported Commissioner Hay's position for the CRA Board to table the lease and approval of the Holiday House. Full disclosure of several things in the lease had not been brought out. He was concerned that visits to the Holiday House with a realtor, by the CRA Board members, had not been disclosed. Mr. Edwards had suggested an RFP process should have been utilized. He understood the realtor who had accompanied the Board member would be paid a fee and that had not been disclosed either. Mr. Edwards alleged any investigations commenced should start with the leadership of the Board. The issue of the Holiday House should be revisited. Sanford Mayer, 2 Clubhouse Lane, a current member of the Community Relations Board addressed the issue of the trolley service. A function of the Community Relations Board is, ". . .reviewing and recommending the expenditure of funds allocated by the Commission for Social Services." Mr. Mayor reported he had been authorized by the Community Relations Board to speak on the trolley issue. He reviewed data relating to number and type of ridership. Mr. Mayor asserted many of the current riders would be cut off from essential services. He urged the Commission to fund the trolley service for at least three more months so further funding sources could be explored. Ron Washam, 127 S. Atlantic Drive, thanked the Commission for an independent CRA and hoped it would be selected soon. The process has been deplorable and the issues should amicably be resolved. The tone of the leadership should be adjusted to meet 5 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 the needs of the citizens to bring people together rather than divide. The political infighting should be stopped. Jerry Taylor, 1086 WSW 26th Avenue, read into the record the following that was printer prior to the July 20th Commission meeting: "In case you missed today's Palm Beach Post here is a link to the article. I hope everyone will go and write a comment at the end. You will probably be able to tell which one was mine. Please scroll down to the link to this article. All anyone needs to do is go to the CRA website and view CRA meeting videos to see who the raving loon is and it is not JR. It would be great to have as many postings against Bright as possible and then we need to go to the Neighborhood Post and flood that one too. Please pass the word and get lots of your friends to speak up too. I believe we need a huge public outcry against Bright and we will need lots of folks to attend the next City Commission meeting as well because I believe the fur is going to fly. I don't know about you, but I voted for Jose and Steven to get stuff done around here and getting rid of Bright is a step in that direction. The Commission needs to hear from lots of people. All they ever hear is from Bright's toadies who think she is wonderful and Jose is a bully and nothing could be further from the truth. Bright must go. It's not fair to Jose Rodriguez and Steve Holzman that they and we all worked so hard to get them elected and now their agenda is being thwarted. Bright must go. Thanks for everyone's help. Barbara 734- 3646" Cliff Montross, 109 SW 18th Street, advised he was impressed by the Former Mayor. The Commission had thoroughly reviewed the issue and gave everybody an opportunity to speak. He suggested, in light of all the investigations, that the Commission would be unable to appoint a new seven-member board to take over the fiasco that had been created. Mr. Montross opined the center of Boynton Beach resembled a farm with the vacant land and nothing happening in the last several years. No one else coming forward, Mayor Rodriguez closed the public audience. He did comment that Mr. Edwards was a regular at the dais and challenged many items. Mayor Rodriguez invited Mr. Edwards to call him or arrange to meet with him to discuss any issues, rather than hiding behind the podium. Mayor Rodriguez indicated Mr. Edwards's comments were based on incorrect information and assumptions. Commissioner Hay stated every citizen in Boynton Beach had the right to express their thoughts and opinions that should not be taken personally by the leaders of the community. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Motion Commissioner Hay moved to move John Farrington up to a regular member. Vice Mayor Ross seconded the motion. The motion passed. Mayor Rodriguez added three individuals were waiting to become regular members of a board. Typically alternates were being moved up when a vacancy of a regular member opens. There was consensus to have the City Clerk contact the three candidates and explain the process and determine their willingness to be considered for an alternate position. B. Accept the resignation of Dan Holthouse, a regular member of the Library Board. Motion Commissioner Orlove moved to accept. Commissioner Hay seconded the motion. The motion passed. C. Accept the resignation of Herb Suss, a regular member of the Golf Course Advisory Committee Motion Commissioner Hay so moved. Commissioner Orlove seconded the motion. The motion passed. D. Appoint City representative to the Greater Boynton Beach Foundation, Inc. Board of Directors. Motion Vice Mayor Ross moved to approve Lori LaVerriere, Assistant City Manager, as the representative to the Greater Boynton Beach Foundation, Inc. Board of Directors. Commissioner Hay seconded the motion. The motion passed. 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. 7 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 A. Approve the Minutes of the Regular City Commission meeting held on September 7,2010. B. Authorize the Finance Department to increase the Allowance for Uncollectable Accounts by $102,371 representing the full amount for currently unpaid Utility and Solid Waste billings originating in FY 2008-2009 that currently remain unpaid. C. Accept the written report to the Commission for purchases over $10,000.00 for the month of August 2010. D. PROPOSED RESOLUTION NO. R10-124 - Approve the First Amendment to the Interlocal Agreement (ILA) between the City and the Board of County Commissioners that authorized the City to receive funding as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) through September 30, 2010, extending the term to December 31,2010. E. PROPOSED RESOLUTION NO. R10-125 - Approve the addendum to the Services Agreement with Sandra Watson - Sister to Sista's Young Ladies Mentoring and Enrichment Program (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30,2010 to December 31,2010 F. PROPOSED RESOLUTION NO. R10-126 - Approve the addendum to the Services Agreement with RM Lee, Community Development Center, 900 N. Seacrest Blvd., Boynton Beach, Florida, 33435 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreementfrom September 30,2010 to December 31,2010 G. PROPOSED RESOLUTION NO. R10-127 - Approve the addendum to the Services Agreement with Tevis Gardenhire, Art is Motivation (AIM), 1118 S. Monterey Circle, Boynton Beach, Florida, 33436 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30,2010 to December 31,2010 H. PROPOSED RESOLUTION NO. R10-128 - Approve the addendum to the Services Agreement with Greg Russ, Russo Consulting Group Inc., 10727 Palm Springs Drive, Boca Raton, Florida, 33428 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30,2010 to December 31,2010 I. PROPOSED RESOLUTION NO. R10-129 - Approve the addendum to the Services Agreement with Gary Davis, Art of Film Making Audio Visual Life 8 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Skills, 5056 Lantana Road, Unit 4205, Lake Worth, Florida, 33463 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30, 2010 to December 31,2010 J. PROPOSED RESOLUTION NO. R10-130 - Approve the addendum to the Services Agreement with Richard Brochu, Hooked on Fishing Not on Drugs, 7067 Peninsula Court, Lake Worth, Florida, 33467 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30,2010 to December 31,2010 K. PROPOSED RESOLUTION NO. R10-131 - Approve the addendum to the Services Agreement with Kayla Lundy, Success Teens, 1695 W. 26th Street, Riviera Beach, Florida, 33404 (the "Provider"), which is part of the Youth Violence Prevention Project (YVPP), by extending the term of the agreement from September 30,2010 to December 31,2010 L. Approve adjusting the value of the authorization for the direct purchase of 36- inch diameter pipe supplies from Ferguson Enterprises, Inc., upward from $844,467.80 (as approved on July 20, 2010) to $884,999.85; as required for the Wellfield Interconnect Project-Section A. M. Approve full release of surety for the project known as K-Mart Expansion - Boynton West Shopping Center, and authorize refunding the $61,000 cash surety to K-Mart Corporation. N. Approve the updated Library Long Range Plan for 2010-2013. O. PROPOSED RESOLUTION NO. R10-132 - Approve an application and agreement for Library State Aid To Public Libraries Grant for FY2010-2011. P. PROPOSED RESOLUTION NO. R10-133 - Approve a three-year Processing Agreement between SUN RECYCLING, LLC ("SUN"), 790 Hillbrath Drive, Lantana, FL and the City of Boynton Beach ("CITY") to allow the City to transfer recycling material including yard waste, mixed recyclables and construction and demolition debris to the Sun Processing Facility allowing for tracking of material at a lower cost per ton. Vice Mayor Ross, Mayor Rodriguez, Commissioners Hay and Holzman pulled Item 6.P for discussion. Vice Mayor Ross highlighted a savings of $32,400 would be realized per year and it would allow the City to reach its recycling goal per Florida Statute by 2020 to reduce recyclable solid waste by an average of at least 75%. It ties into the Climate Action Plan. 9 Meeting Minutes Regular City Commission Boynton Beach, FL September 21, 2010 Commissioner Hay asked for the savings per ton. Jeff Livergood, Director of Public Works and Engineering, replied in October the City would be paying $42 a ton and the agreement would allow for $39 a ton for a $3 per ton savings the first year, and $2 the second and third year. Commissioner Holzman wanted the overall cost of all solid waste versus the revenue generated. Mr. Bressner responded the revenue stream did return monies to the General Fund. The coverage extended to the citizens and businesses has been adequate. Mr. Livergood added recycling is not free. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. The motion passed. a. PROPOSED RESOLUTION NO. R10-134 - Approve an agreement with Mangrove Employer Services to provide COBRA Administrative services, to assist the City as Plan Sponsor in complying with certain Federal requirements regarding the City's welfare benefit health plans including Medical, Dental and Vision. Mayor Rodriguez recessed the meeting at 7:30 p.m. Mayor Rodriguez reconvened the meeting at 8:05 p.m. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R10-135 - Approve Addendum to Construction Services Agreement with B&B Underground Contractors, Inc. to exceed the authorized project amount of $2,466,047.87 by an additional $27,749.61 for the S.E. 4th Street Water Main, Stormwater and Roadway Improvement Project for a final project total of $2,493,797.48. Motion Commissioner Holzman moved to approve. Commissioner Orlove seconded the motion. The motion passed. B. PROPOSED RESOLUTION NO. R10-136 - Award the "Two-Year Contract For Custodial Cleaning Services For Facilities", Bid #063-2511-10/JMA to JT Bay, LLC d/b/a Performance Cleaning Group, of Tampa, Florida, in the amount of $223,533.84 plus a 10% contingency for a total annual award amount of $245,887.22 for each year of the two (2) year contract. 10 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Motion Commissioner Orlove moved to approve Resolution No. R 10-136. Commissioner Hay seconded the motion. The motion passed. C. Award Field Change Directive NO.1 to Insituform Technologies, for the purpose of re-lining sewer mains at Cypress Creek in the amount of $103,450.12, of which $47,070.92 is from the previously-authorized contingency. This item was previously tabled. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 10-022 - FIRST READING - Approve Congress Middle School (ANEX 10-001) annexing a 0.95-acre property located at the southern terminus of 31st Terrace S. Applicant: Michael C. Owens. Attorney Cherof read Proposed Ordinance NO.1 0-022 by title only on first reading. Hanna Matras, Senior Planner, reviewed the request for annexation and noted there were two companion applications for land use and rezoning. She located the one-acre parcel at the southern terminus of 31st Terrace South. It is one of two properties in an enclave north of the Congress Middle School. Staff recommended approval of all three requests. The annexation is consistent with the Comprehensive Plan annexation objective. The request would reduce the size of the enclave. The annexed piece would be incorporated into the current school property. It would facilitate future development plans by allowing consistent application of the land development regulations. The proposed land use and rezoning is consistent with the current Congress Middle School site. The Planning and Development Board requested two conditions. First, the subject property be brought under a unity of title with the remainder of the property. Second, the City should amend the entire land use designation of the entire Congress Middle School to Public/Private/Governmentllnstitutional to be consistent with the Public Use 11 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 zoning. Staff recommended the conditions be attached to the annexation without any time constraints as it would be added to the next large scale amendment. Mayor Rodriguez inquired if the annexation would add any value to the tax base and Ms. Matras replied it would not. Mr. Bressner inquired how the annexation would affect the property to the north being an unincorporated enclave. Ms. Matras reported the County had sent a letter indicating the City should annex the remaining parcel. Mr. Bressner recalled the property owner had filed an objection to a previous attempt for annexation. Commissioner Holzman asked how the annexation would help the City. Ms. Matras answered the objections by the property owner to the north involved an interpretation of the Statute because the property was not developed or unimproved. The annexation of the school parcel could lead to the annexation of the northern parcel. A representative of the applicant was present and no one came forward for public hearing on the matter. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 10-023 - FIRST READING - Approve Congress Middle School (LUAR 10-001) reclassifying land use designation of subject property from Palm Beach County's IND (industrial) to MoOR (Moderate Density Residential. Applicant: Michael C. Owens. Attorney Cherof read Proposed Ordinance NO.1 0-023 by title only on first reading. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 10-024 - FIRST READING - Approve Congress Middle School (LUAR 10-001) rezoning of the subject property from 12 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Palm Beach County's AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. Attorney Cherof read Proposed Ordinance No 10-024 by title only on first reading. Motion Commissioner Hay moved to approve. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-137 - Award for a three year Towing Franchise RFP#055-2110-10/CJD to the top two ranked respondents for Towing and Storage Services: Beck's Towing & Recovery, Inc. in the amount of $104,500 and Zuccala Wrecker Service, Inc. in the amount of $100,075 for a total annual contract price of $204,575.00 and authorize the City Manager to execute an agreement in a form deemed sufficient by the City Attorney. Lori LaVerriere, Assistant City Manager, recalled the history of the bid process including a franchise fee for one, two or three vendors. There were nine responses to the Request for Proposal (RFP) and all had been deemed responsive. Onsite inspections were done of all vendors. Staff recommended an award to the two top vendors, Beck's and Zucalla's, generating an annual revenue of $204,575. Mayor Rodriguez clarified both vendors would work full time on a rotation basis. There would be three contracts with two options for one-year renewals with no escalator clause in the proposal amounts. All class tows would be free of charge for the City with a mileage charge for long-distance tows. Motion Commissioner Hay moved to approve Option Two. Commissioner Holzman seconded the motion. Ms. LaVerriere remarked the effective date would be contingent on the actual contracts being executed. Mayor Rodriguez opened the issue for public comment. Michael Weiner, representing Westway Towing Inc., pointed out there were matters that could jeopardize the services offered and protection of the City. Storage locations 13 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 and size, diversity and condition of the equipment were two issues Mr. Weiner felt should be reconsidered. Westway has a single location and was originally established in Boynton Beach and satisfies all the requirements of the RFP including storage of 15 vehicles indoors and 100 vehicles outdoors. The location has all three required licenses and all three top bidders scored the same in the category. Mr. Weiner stressed Beck's and Zucalla's had multiple locations and did not have all the required licenses for all locations. On the issue of equipment, Westway Towing was the only applicant who owned all of its equipment including some of the heaviest and largest equipment. Neither Beck's or Zucalla's owned the necessary equipment nor did they demonstrate license, inspections or insurance on the vehicles proposed for use. Zucalla's would be subcontracting the equipment. Mr. Weiner urged the. Commission to review the scoring and make the necessary adjustments to award Westway Towing to be part of the contract. Drew Zucalla, owner of Zucalla's Wrecker Service, commended City staff and stressed Beck's and Zucalla's had been in the City for many, many years while Westway Towing had only been licensed recently. The issue has been unresolved for some time and should be finalized. Mr. Zucalla pointed out all his business properties were within the City of Boynton Beach as well as eight other properties he owned. He felt Zucalla's and Beck's were the best companies to do the job and were ready to go. Aaron Cocuzzo, owner of Priority Towing, 214 SE yth Avenue, reiterated Mr. Weiner's contention that the scoring on the equipment was not justified. The points were too close because some vendors did not have the equipment available. He asserted the inspections were not complete and the scoring was based on the information in the packets only. No one else coming forward, Mayor Rodriguez closed the public comments. Ms. LaVerriere countered that all the bids were deemed responsive. She explained the scoring and the inspections that were conducted. Scott Blasie, Code Compliance Administrator, remarked politicking and salesmanship were abundant at the site inspections. He also explained the licenses are listed under the primary business location and each location would not have a separate license. As far as the equipment, the bid allowed for leased and/or owned. All vehicles had been inspected for the current Palm Beach County Consumer Affairs' stickers. The equipment that was subcontracted had paperwork indicating the ability to secure the equipment within a specified period of time. Steve Weiser, Fleet Administrator advised the larger pieces of equipment were rarely used. Most heavy repairs were handled onsite and, if necessary, at the City's garage. 14 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Mr. Weiner requested that a binder with the information validating his remarks be submitted into the record. The motion passed unanimously. B. Appoint an Advisory Committee to review two renaming requests for Jaycee Park. This item was previously tabled. C. PROPOSED RESOLUTION NO. R10-138 - Approve an agreement with Net Assets, a sole source provider, for the implementation, maintenance, customer service support and hosting of the Conduits reporting service This item was previously tabled. D. Accept the following report on the Neighborhood Stabilization Program (NSP). This item was previously tabled. E. Accept the Budget Status Report of the General Fund and the Utility Fund for the eight (11) month period ended August 31,2010. This item was previously tabled. F. Review of capital project delivery methods. No Commission action required. This item was previously tabled. 11. FUTURE AGENDA ITEMS A. Conduit Bond Issue - Charter School of Boynton Beach - October 5, 2010 B. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) C. Live Entertainment Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) D. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) 15 Meeting Minutes Regular City Commission Boynton Beach, FL September 21, 2010 12. NEW BUSINESS A. Consideration of a salary reduction by City Commission for Fiscal Year 2010- 11. Commissioner Orlove indicated staff was being asked to accept no wage increases and the possibility of furlough days. As leaders of the City, the Commission should also be impacted. The 6% was the same amount that all departments were directed to cut from their budgets. He suggested the expense accounts be reduced in the same manner. Commissioner Hay supported the decrease of 6% in salary and expenses saving over $7,000. Motion Commissioner Orlove moved to approve a 6% salary reduction and a 6% reduction in expenses for the Commission. Commissioner Hay seconded the motion. The motion passed unanimously. 13. LEGAL A. Request for closed door session at 6:00 p.m. on October 5, 2010 regarding CLEAR CHANNEL OUTDOOR, INC., Petitioner vs. CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT, PLANNING AND ZONING DIVISION, Respondent Case No. 502010CA013764XXXXMB Attorney Cherof explained he was required to publicly request the Commission to meet with him in a closed-door session to discuss pending litigation. It would be at 6 p.m. on October 5, 2010 for the case Clear Channel Outdoor, Inc. vs. the City of Boynton Beach. There was consensus to meet as requested. Attorney Cherof explained Items Band C were requests for extension of the Notice of Intent and moratoriums for pain management clinics and adult entertainment. B. PROPOSED RESOLUTION NO. R10-139 - Authorize a second 60-day extension of the "Notice of Intent" (NO I) and moratorium to allow final processing of ordinances following the study of impacts and regulations related to pain clinics, pain management clinics and other uses that dispense prescription pain medications. 16 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 Motion Commissioner Orlove moved to approve for discussion. Vice Mayor Ross seconded the motion. Commissioner Orlove needed clarification on the definition of a pain clinic and what it would mean in relation to their operations. Mike Rumpf, Planning and Zoning Director, stressed the intent was to pinpoint one function of the business, the direct dispensing of narcotic drugs, and regulate the activity. Vice Mayor Ross inquired if there was a limit to the number of successive moratoriums that could be issued. Attorney Cherof advised a moratorium cannot be indefinite and case law dictated they should be for a reasonable period of time. A second 60-day extension would be reasonable. Mayor Rodriguez wanted to know if staff would be recommending how to manage the dispensing of those drugs. Mr. Rumpf confirmed Legal was reviewing the ordinance and analyzing comments of other departments and other municipalities. The intent was to present the ordinance to the Planning and Development Board in October and adopt in November. Attorney Cherof added there has been extensive discussion with other cities and the policies that drove their ordinances and their ability to enforce the language and extent of any challenges. Currently, the proposed draft satisfies all the legal requirements for an enforceable ordinance. It is awaiting review by the Police Department for their input. Commissioner Orlove questioned how the ordinance would impact existing pain management facilities and Mr. Rumpf advised the ordinance would only apply from the effective date forward. Attorney Cherof related assistance from the State Legislature would be helpful, rather than each municipality creating and regulating the businesses in different manners. Mr. Rumpf noted State laws would intensify the requirements for existing businesses. Direct dispensing could be regulated and educational requirements could be intensified, as well as having to be owned by a professional medical practitioner. The State requirements have to be met first. The motion passed unanimously. C. PROPOSED RESOLUTION NO. R10-140 - Authorize a second 60-day extension of the "Notice of Intent" (NOI) and moratorium to allow final processing of ordinances following the study of impacts and regulations related to adult entertainment uses. Mayor Rodriguez noted there were no current establishments in the City; however, there was interest in opening some. Mr. Rumpf advised special zoning regulations 17 Meeting Minutes Regular City Commission Boynton Beach, FL September 21, 2010 would be implemented and address the operational characteristics with limitations that would pass the legal test nationwide. Motion Vice Mayor Ross moved to approve. Commissioner Orlove seconded the motion. The motion passed. 14. UNFINISHED BUSINESS A. PROPOSED ORDINANCE NO. 10-021 - SECOND READING - Amending the City of Boynton Beach Code of Ordinances Article I, by creating Section 2-25, to be entitled "Code of Ethics", incorporating by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 10-021 by title only on second reading. Motion Commissioner Hay moved to approve. Commissioner Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Mayor Rodriguez did open the issue for public hearing. No one came forward. B. PROPOSED RESOLUTION NO. R10-120 - Approve an interlocal agreement with Palm Beach County for Ethics Commission Oversight. (TABLED ON SEPTEMBER 7,2010) Motion Commissioner Hay moved to remove from the table. Vice Mayor Ross seconded the motion. The motion passed. Attorney Cherof read Proposed Resolution No. R10-120 by title only. He advised there was a corresponding approval of the concept by the CRA at the last Board meeting. The agreement between the City and County would have an added signature block for the CRA. Motion Commissioner Hay moved to approve. Commissioner Holzman seconded the motion. The motion passed. 18 Meeting Minutes Regular City Commission Boynton Beach, FL September 21,2010 C. Appoint members to 7 -member independent Community Redevelopment Agency Board. This item was previously tabled. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 8:59 p.m. CITY OF BOYNTON BEACH /-' Steven Holzm , '.", ., .~." '.' ) .4 G;(/?' ;:- Woodrow, Hay, Comm' ATTEST: ,'--,.-c_-___, Ja et M. Prainito, MMC . Y Clerk , '/ ,/' I ' ;::, ~il. ( _ L ( ~JL( Judith A. Pyle, CMC/ Deputy City Clerk' ' 19 PROTEST OF AWARD OF CONTRACT RFP: 055-2110-1 O /CJD TOWING AND STORAGE SERVICES WEST WAY TOWING, INC. NOVEMBER 3, 2010 TABLE OF CONTENTS Section Item 1. Letter of Protest 2. Craig Goldstein Affidavit 3. Excerpt from City RFP (Technical Proposal, Item G) and City Attorney Memo as to Intent 4. Excerpts from City RFP - Actions after RFP Submittal and Prior to Operations 5. Excerpts from City RFP - At RFP Submittal WEISS, HANDLER, ANGELOS & GORNWELL, P.A. ATTORNEYS AT LAW ONE BOCA PLACE SUITE 2 1 8A PORT ST. LUCIE OFFICE CYNTHIA G. ANGELOS* 2255 GLADES ROAD 1052 I SW VILLAGE CENTER DRIVE WILLIAM J. BERGER SUITE 1 0 1 WILLIAM J. CORNWELL• • BOCA RATON, FLORIDA 3343 1 -7392 PORT ST. LUCIE, FLORIDA 34987 DAVID K. FRIEDMAN HENRY B. HANDLER BOCA RATON (56 1) 997 -9995 (772) 345 -LAWS CAROL A. KARTAGENER BROWARD (954) 421-5101 SETH A. KOLTON PALM BEACH (561) 734 -8008 OF COUNSEL TRAVIS R. WALKER PORT ST. LUCIE (772) 345- LAWS RAOUL LIONEL FEEDER` HOWARD I. WEISS'•• PETER P. LINDLEY TELECOPIER (56 11 997 -5280 • FL, VA BARS HARRY WINDERMAN W W W. W EI SSAN D HAN DEER. COM • • FL, GA BARS • •' FL, NY BARS E -MAIL HBH@WEISSANDHANDLERPA.COM KEN PRUITT, SENIOR ADVISOR ▪ BOARD CERTIFIED GOVERNMENT RELATIONS MARITAL & FAMILY LAW 5. PUBLIC POLICY ▪ NY BAR. NOT ADMITTED IN FL NOT ADMITTED TO FL BAR September 29, 2010 HAND DELIVERY Carol Doppler, Purchasing Agent Procurement Services City of Boynton Beach 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 -0310 Re: Protest of Award of Contract; RFP: 055 - 2110 -10 /CJD- Towing and Storage Services Dear Ms. Doppler: Our Firm has been retained by West Way Towing, Inc. to protest the award of contract under RFP 055- 2010 -10 /CJD (the "RFP ") to Beck's Towing & Recovery, Inc ( "Beck's ") and Zuccala's Wrecker Service, Inc. ( "Zuccala's "). The RFP required minimum capability in the City of Boynton Beach (the "City ") to handle fifteen (15) vehicles in outside storage and fifteen (15)vehicles in inside storage. Technical Proposal Item G- Storage Locations of the RFP requires each responding party to: Identify Storage Location(s) to verify minimum storage requirements are met. All storage locations shall be in accordance with local occupational licensing and zoning requirements at the time of RFP submittal to be considered. Occupational license shall be submitted for each location. (emphasis added) Additionally, each facility required certification of inspection and licensure by the Palm Beach County Consumer Affairs Division (the "County Division ") which regulates towing in the County and each responder was required to submit proof of insurance per site. In its RFP response, Beck's identified capacity of six (6) inside spaces at 410 NE 5th, Boynton Beach. To meet the minimum requirement, Beck's also listed capacity of twenty (20) inside spaces at 505 North Railroad Avenue, Bay B, Boynton Beach. However, at the time of RFP submittal, Beck's did not have a City occupational license, County Division certification and license, and insurance certificate for the North Railroad Avenue site. In its RFP response, Zuccala's identified capacity of four (4) inside spaces at 633 East Industrial Avenue, Boynton Beach. To meet the minimum requirement, Zuccala's listed capacity of twelve (12) inside spaces at 870 West Industrial Avenue, Boynton Beach. However, at the time of RFP submittal, Zuccala's did not have a City occupational license, County Division Certification and license, and insurance certificate for the West Industrial Avenue site. Of course, the City could not count the listed inside spaces identified at Zuccala's Delray Beach location because that facility is outside City limits, failed to have County Division certification and license, and was roofless at the time of RFP submittal. Both Beck's and Zuccala's misrepresented that they possess necessary storage facilities because each company listed facilities which failed to have required licenses and insurance at the time of RFP submittal. In other words, each and every site was required to satisfy City occupational and County Division requirements at the time of RFP submittal. This site specific licensure requirement was mandated by the RFP, City's occupational license law, and the Palm Beach County Towing Ordinance (Section 6[A]). By failing to meet the minimum license storage requirements and by having misrepresented material facts in their respective submissions, we request that both Beck's and Zuccala's be disqualified from consideration for an award of contract as prescribed by Part II, Section 1.0 of the RFP. Under such circumstances, the City's RFP findings and scoring of qualified responding companies require the award of contract to our client, West Way Towing. At our client's request, we are available to discuss this matter. Thank you. Very truly yours, WEISS, HANDLER, ANGELOS & CO ELL, P.A. eig• HENRY B. HANDLER HBH/da cc: James A. Cherof, Esq. AFFIDAVIT OF CRAIG GOLDSTEIN IN SUPPORT OF WEST WAY TOWING PROTEST TO THE CITY OF BOYNTON BEACH CITY COMMISSION STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) BEFORE ME, the undersigned, an officer duly authorized to take acknowledgments, personally appeared, CRAIG GOLDSTEIN, who being first duly sworn, deposes and says: 1. My name is Craig Goldstein. I am over the age of twenty -one, competent to execute this Affidavit and have personal knowledge of the matters set forth herein. 2. I am the president of West Way Towing, Inc., a Florida corporation ( "West Way ") and have served as president since its inception in 1989. 3. As president of West Way, I was primarily responsible for the completion of West Way's response (the "Response ") to RFP 055 - 2110- 10 /CJD for Towing and Storage Services (the "RFP ") for the City of Boynton Beach ( "Boynton Beach "). 4. Part VII, Technical Proposal Item G of the RFP stated: Identify storage location(s) to verify the minimum storage requirements are met. All storage locations shall be in accordance with local occupational licensing and zoning requirements at time of RFP submitted to be considered. Occupational license shall be submitted for each location. 1 5. This is exactly the same language used by the City of Boca Raton in Part VII, Technical Proposal G of Boca Raton's RFP No. 2008 -2007 for Towing and Storage Services in November, 2007 ( "Boca Raton's RFP "). 6. I have personal knowledge of Boca Raton's 2007 RFP and Boca Raton's interpretation of the storage location requirement which was drafted by its staff. West Way was the successful proposer in response to Boca Raton's 2007 RFP and became Boca Raton's towing provider. 7. To a significant degree, Boynton Beach's RFP was taken from Boca Raton's 2007 RFP. 8. In order to comply with the original drafters' interpretation of Part VII, Technical Proposal Item G of Boca Raton's 2007 RFP, West Way obtained Boca Raton storage and submitted occupational licenses and all other necessary permits for its Boca Raton storage facilities with its response to Boca Raton's 2007 RFP. 9. In responding to exactly the same language in Boynton Beach's RFP as was utilized in Boca Raton's 2007 RFP, West Way secured necessary storage facilities in Boynton Beach and relocated its operations to Boynton Beach prior to RFP submittal in order to obtain "local occupational licensing" and other necessary permits and submitted same with its response to Boynton Beach's RFP. It was expensive to do so. 10. West Way incurred the following expenses with relocating its storage and attendant operations to Boynton Beach prior to RFP submitted (the "Expenses "): Expense Amount 1. Rent $5,000 2. Bobcat service and rock for yard $5,500 3. Building renovation, equipment $7,750 removal and code compliance work 4. Fencing and buffering $2,350 5. Security cameras $4,500 6. Signage $2,000 7. Computers and equipment relocation $2,541.02 TOTAL $29,641.02 11. In responding to the RFP, I was misled by the language used in Technical Proposal Item G which Boynton Beach's City Attorney interprets to be "a condition precedent to commencing tow operations" and only to show an "ability to comply with the RFP storage requirements... at time of operation ". This constitutes a material irregularity since the Boynton Beach RFP uses substantially different language numerous times to express the City Attorney's interpretation. 12. Having incurred the Expenses to comply with Technical Proposal Item G, West Way was unable to offer a greater franchise fee to Boynton Beach in response to the RFP. Had West Way ignored the clear language of Technical Proposal Item G, it would have increased its proposed franchise fee by the amount of the Expenses. Consequently, West Way would have proposed a larger franchise fee than the two selected companies, Beck's and Zuccala_ 13. Clearly, the two selected companies, Beck's and Zuccala, did not incur pre -RFP submittal costs similar to West Way's Expenses, resulting in an economic advantage to one set of responders over West Way. 14_ West Way strictly complied with Technical Proposal Item G of the RFP while the two selected companies did not. FURTHER AFFIANT SAYETH N� .1T- -� CRAIG GOLDSTEIN STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing was acknowledged before me this ?4day of November 2010, by who is personally known to me or who has produced Florida Drivers License as identification g- Notary Signature i it "", HENRY B. HANDLER NC n f T'tA MY COMMISSION # DD 719427 �] :, EXPIRES: January 28, 2012 Notary Name Typed/Printed w Bonded Thru Nodry Public Underwriters S:1gen1 W iw\Goldstein. 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Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the _ Certificate to the City of Boynton Beach. SUPPLEMENTAL PROVISIONS 2. Certificates of Insurance meeting the specific required provision specified within this Contract Agreement shall be forwarded to the City of Boynton Beach Risk Management Department, and approved prior to the start of any work or the possession of any city property. - ATTACHMENT A =4- INSURANCE ADVISORY FORM ... (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) TECHNICAL PROPOSAL ITEM C - EQUIPMENT Identify Equipment to verify the minimum equipment requirements are met and any additional equipment that is available in excess of the minimum requirements. 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