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Minutes 03-01-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MARCH 1, 2011 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 Mayor Rodriguez called the meeting to order at 6:30 p.m. B. Invocation Commissioner Hay offered the invocation. C. Pledge of Allegiance to the Flag led by Vice Mayor Ross Vice Mayor Ross led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections · Commissioner Holzman requested pulling Item 6.F from the Consent Agenda. · Commissioner Orlove requested pulling Item 6.D from the Consent Agenda. · Vice Mayor Ross requested pulling Item 6,] from the Consent Agenda. · Mayor Rodriguez requested the addition of Old Business Item A concerning the contract awarding Kaufman Lynn. He felt it was important to have a back-up plan in case the contract breaks down. When Commissioner Orlove suggested this should be a CRA Item, Attorney Cherof agreed and the Mayor withdrew his request. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 . Attorney Cherof requested pulling item 6.G in order to fill in a name. . Attorney Cherof further requested that Public Hearing Item B be moved up on the agenda once Bonni Jensen arrived for the meeting in order to accommodate another conflict she had with this meeting. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Ross seconded the motion that passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Ross attended opening day at Boynton Beach Little League Park where Jack McVey was welcomed back after his medical leave. She also attended a special ceremony and ribbon cutting for the Hair Design Institute. They offered a cut-a-thon to raise money for the "Make a Wish Foundation". Most of the graduating students are being placed in hair design jobs. They are doing very well. Commissioner Orlove attended several events including the Friends of the Boynton Beach Library luncheon, the Night of Joy at Hester Center and the Women's Circle of Hope Gala. The Sand Sifters are having a cleanup this Saturday, March 5th at Oceanfront Park and there will be an unveiling of the Interpretative Art Markers at Jaycee Park on March 9th. This event will begin at 11:30 a.m. Commissioner Hay echoed the comment of Commissioner Orlove about the Women's Circle of Hope Gala at Benvenuto's which was well attended. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of this season's series of concerts at the Civic Center by the James E. Buffan Gold Coast Band and the Bob Roberts Society Orchestra Wally Majors, Recreation & Parks Director, briefly announced the season's series of Concerts at the Civic Center. The City is in partnership with two great musical groups- the James E. Buffan Gold Coast Band and the Bob Roberts Society Orchestra. The James E. Buffan Gold Coast Band is comprised of 70 musicians of all ages and performs Broadway tunes, marches and popular music. The concerts are held on Thursday 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 evenings, March 10, April 14 and May 12 beginning at 7:30 p.m. The Bob Roberts Society Orchestra features dancing music from the 20s, 30s and 40s. This 16-piece band can be enjoyed on Friday afternoons from 1:30 to 3:30 p.m. until April. B. Present Proclamation to the Boynton Beach Firefighters in appreciation of their work on behalf of the Muscular Dystrophy Association and announcement of Firefighter Appreciation Month - March 2011.. Bill Bingham, Fire Chief, explained MDA has been a long-term commitment by firefighters across the County and the City of Boynton Beach Firefighters will be participating again this year beginning this month. The Firefighters will be on City street corners with their "Fill the Boot" campaign. Over the years, the Boynton Beach Fire/Rescue Department has collected hundreds of thousands of dollars and in 2010, $26,281 was collected. This year's goal is $35,000. He thanked the Commission and the community for their support. Chief Bingham introduced Brandi Miller, the MDA Director of Business Development, who distributed certificates to the Commission. The boot drive will take place over the last couple of weekends in March and the first weekend in April. The Firefighters have done a great job over the years. Services are provided for children and adults with neuromuscular diseases. All of the money raised by the Firefighters goes to the local community. She thanked the Commissioners for their support. Mayor Rodriguez read the Proclamation and presented it to Fire Chief Bingham. C. Announcing the Movies on the Ave film for March 4, 2011 Kathy Biscuiti, Special Events Director, announced the Movies on the Ave film which will be "Life As We Know It". "The Social Network" was advertised for this month, but it was pulled because it will be re-released. It will be shown at the amphitheater on Ocean Avenue at 6:30 p.m. Bring blankets and chairs. The Caring Center will provide the food and drinks for purchase. No pets are permitted. D. Announcing the Ocean Avenue Concert for March 18, 2011 "Wild Fire" will provide the music which is a Reggae/Calypso/Island music band. The concert is 6:00 to 9:00 p.m. The Caring Center will provide the food and drinks for purchase. No pets are permitted. Parking will be available on the Avenue. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 E. Announce the 2nd Annual Mayor's Challenge Run/Walk on March 19, 2011 The Mayor's Challenge Run/Walk will be 3.5K beginning at approximately 8:15 a.m. at the Ocean Avenue amphitheater. A Zumba instructor will offer the warm-up. There will be a steel band and a sidewalk chalk contest after the race. A continental breakfast will be offered after the race. F. Presentation of Tribute to Lena Rahming for her commitment to improving the quality of life for her community. Mayor Rodriguez read the Tribute to Ms. Lena Rahming who recently passed away. She ran the Boynton Beach Child Care Center in Boynton Beach and was a pioneer of the Head Start Program in Palm Beach County. Mayor Rodriguez remarked that Ms. Rahming was a friend and was a very passionate woman. The children who benefited from her presence would always remember her passion. He was honored to spend time with her and talk with her. Mayor Rodriguez invited Mr. Williams to accept the Tribute. At the podium, Mr. Williams and another gentleman thanked all Commissioners who attended the services; specifically the City Manager and Chief Immler for allowing Police Officers to help out the congregation at her service. They were further thanked for assisting Ms. Doris Curry, who was disabled, in getting her to the service. She was very g ratefu I. 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) James Brake, 710 SW 27th Terrace, thanked the City Commissioners for everything they have done over the past year. He noted they have become a cohesive group and made the tough decisions. Although he does not agree with all decisions they have made, he feels they are doing a great job in making Boynton Beach a wonderful place to live. He offered the Commission his full support. Brian Edwards, 629 NE 9th Avenue, commented that Amy Heaver, Executive Director of the Schoolhouse Children's Museum, was planning to attend this meeting, but had to go to Washington, DC to try to coordinate some additional funding through the cultural arts. He reminded the Commissioners that it is the 10th anniversary of the Museum and the dinner/dance will be held on April 16th at Quail Ridge. This is an opportunity to honor Dr. Nathaniel Marion Weems, a doctor who delivered many babies 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 in Boynton Beach over the years. Stanley Weaver and Harvey Oyer will also be recognized. Each was a strong supporter. Harvey Oyer III will be a speaker. Information is available on the website. Mr. Edwards thanked Commissioner Hay for his dedicated, loyal service to the community. He commended all of the elected officials for their service, but personally thanked Commissioner Hay for service to District 2 during his tenure. Victor Norfus, 261 North Palm Drive, reported the Heritage Fest was a wonderful success. It was held at the Carolyn Sims Center and the Night of Joy was held at Hester Center. The organizers will work hard to make sure the next Fest happens on Martin Luther King, Jr. Boulevard this year. Mr. Norfus invited everyone to a candidates' forum being sponsored by the Heart of Boynton Community Association, Community Redevelopment Action Committee and the Voters' League of the Palm Beaches, Inc. It will be held at St. John Missionary Baptist Church Fellowship Hall, 900 North Seacrest Boulevard, on Saturday, March 5, from 11:00 a.m. to 1:00 p.m. Michael Byrd, 416 NW 3rd Avenue, was present on behalf of the East Boynton Wildcats. This is a youth football and cheerleading program that will start this year and will service the youth from ages 5 to 15 in this community. Charles Gaulkin, 8 Colonial Club Drive, said Comcast has a neglectful attitude toward the Boynton Beach television channel. On the listing of the channels, Channel 95 says "no data". The City should be interested in making sure this is corrected so that people looking for BBTV can find it. He further asked the Commission if they have taken a position on WXEL. He questioned if the Commission was interested in the local connection which is being taken over by a Minnesota firm. Cliff Montross, 109 SW 18th Street, noted 28 people made application to the CRA. That number was reduced to 10. He would like to know who reduced that number to 10. He asked the Commission to investigate and report to the publiC who those people were. He is also upset with Mr. Bressner for chairing a committee that is investigating corruption in the County. The lady putting this together has a great deal of experience. There is a subcommittee of officials that has three administrators and Mr. Bressner is chair. Suggestions should be made to improve the operation, not slow it down. He requested Mr. Bressner abandon the committee and help that group. With no one else coming forward, Mayor Rodriguez closed the Public Audience. Commissioner Orlove advised Mr. Gaulkin to check with the City Clerk's Office since the Commission sent two letters to the State Department of Education regarding the WXEL issue. The Commission was supportive of keeping local broadcasting local. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 Further, Mayor Rodriguez asked the City Manager to follow through on the Comcast issue that was raised regarding BBTV. Mr. Bressner said this would be addressed at a staff meeting to be held the next morning. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards There were no applicants available for the appointments. Motion Commissioner Orlove moved to table. Commissioner Hay seconded the motion. The motion passed unanimously. B. Accept the resignation of Candace Killian, a regular member of the Planning and Development Board Motion Commissioner Orlove moved to accept. Commissioner Hay seconded the motion. The motion passed unanimously. B. PROPOSED ORDINANCE NO. 11-011 - FIRST READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers' Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. Attorney Cherof read Proposed Ordinance No. 11-001 by title only on first reading. Bonni Jensen, 400 Executive Center Drive, West Palm Beach, explained this Ordinance would amend two sections of the pension plan that would have no impact. This change would allow the people who worked here previously to pay for their buy-back over a five-year period of time and allowing for an additional distribution method from the DROP. Included in the packet is a letter from the actuary certifying that there is no cost to these items. Commissioner Holzman questioned why these amendments were not brought to the table when the Police contracts were negotiated. Ms. Jensen said these issues were brought to the Pension Board from the participants. The members saw these as 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 administrative issues that needed to be addressed. They were brought to the municipality and the union was noticed. A Waiver of Bargaining has been included in the packet. Commissioner Holzman felt this was a benefit and therefore, every benefit is bargained and there is "give and take" and this was swept aside when bargaining just ended three months ago. Ms. Jensen said it did not go through bargaining because no one was aware of it at that point. The members came forward to the Board. Commissioner Holzman asked if anything changed in the new collective bargaining that caused this issue to arise. Ms. Jensen said the officer who was rehired recently and he did not have the opportunity to buy back service over time as others have and to pay over five-year installments. This was an administrative issue for the Plan and the Pension Board has come forward with the proposed Ordinance. Mayor Rodriguez questioned if the last sentence regarding waiving collective bargaining meant this could not be bargained in the next round of negotiations. Attorney Cherof said this was collective bargaining as to this specific issue. Collective bargaining over pension is a mandatory subject of bargaining, so it takes both parties to agree to bypass the collective bargaining process. This waiver would not preclude pension discussions at the next bargaining sessions. Commissioner Holzman inquired if there was any reason why this could not be pushed to the next collective bargaining session. Ms. Jensen said it would be preferable to put it in place so the members could administratively deal with the participants. Commissioner Orlove noted the documents claim this would have no fiscal impact to the City. Therefore, what would this amendment allow the officers? Ms. Jensen said this would allow a member who previously worked at the City who took a refund of their contributions and has been rehired to buy back that time they had put into the Pension Plan. The benefit is calculated and the full actuarial impact is borne by the member. The member is responsible to put in the cost of the contributions plus the actuarial rate of return which is 8% from the day they withdrew the money to the day it is redeposited. Mayor Rodriguez asked for an explanation of the growth for that period for which the City would have been "on the hook". Ms. Jensen explained the officers would have to pay the 8% for the time the money was out of the market. Mayor Rodriguez asked what the impact would be moving forward. Ms. Jensen explained the City contribution would be due on their ongoing relationship with the City. There is a cost associated with the fact that they work here. That is a normal cost. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 Commissioner Holzman asked if this would grow collectively as a whole every year after. Ms. Jensen said this would be a new employee and the current contributions would be based on the current salary. The money they would put in at the 8% rate would be their contributions that are due back into the fund. It would not get credit for any of those years of service until they were paid back all of the money plus the 8% interest from the day they took it out until the day they put it back. It puts them in the same position as a new employee until they are paid in full. Then they would have the additional years of service. Commissioner Holzman felt the liability to the City would grow for that time every year thereafter. Ms. Jensen said this employee would be in the Plan just like all other employees. There is a City portion of the Plan and that portion remained in the Plan for those years they were gone. That money did not come out of the Plan. It was invested with the remainder of the Pension Plan assets. When the employee left, he took his own contributions out of the Plan because he was not vested. What the individual is putting back in is his/her contributions for that time plus the 8% that is assumed the money would have earned while it was in the Plan. Attorney Cherof explained the Pension Plan represents a better investment opportunity for the officer than keeping the money where that officer has it at this time. Ms. Jensen agreed and explained it is a decision to move liquid money into the Pension Plan. This is an option. Police Chief Matt Immler advised this officer had 10 years of service. When he left, he took with him his 10 years of contributions. The other officers who were rehired had two years and three years of service. The officers started back as if it were day #1 with the Department at the bottom of the pay scale. Commissioner Holzman said the effect for one or three of these officers would be exactly the same whether it were done now or a year from now. Therefore, he recommended this wait until collective bargaining in 2012 to be used as a bargaining chip when the officers are asked to make decisions. There is a $9 million budget deficit and everything will be reviewed. This is something that could be looked at when the officers are asked to give something back. The proper channel for this discussion is at the bargaining table. Chief Immler explained just because the pension benefits are a mandatory part of collective bargaining, it does not mean they are collective bargained. In this case, they are not collective bargained. There are three agreements with the PBA for Officers and Detectives, one for Sergeants and one for Lieutenants. In none of those agreements is pension mentioned. The reason for that is the Officers and City Commission have had a relationship where the benefits are specified by Ordinance. What is in front of the Commission is an Ordinance change. Since Chief Immler has been with the City, any 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 time a change has been enacted, it has not been through the bargaining process because it does not need to be done that way. He reminded the Commissioners that all three of the unions have agreed to extend the current contracts for two years with a wage and benefit freeze. The next time there is a bargaining session, if the pension benefits are brought up at that time, it will be the first time they will be part of the collective bargaining agreement. Commissioner Holzman commented there is a first time for everything and this City has never had a $9 million budget deficit. Mayor Rodriguez asked if this issue was raised because there is someone affected. Chief Immler said the three officers who were rehired would be given the opportunity to buy back the time and compensate the City for the time that money was out of the fund. Commissioner Orlove asked if this would have any impact on the budget going into 2011-2012 and City Manager Bressner responded negatively. Motion Commissioner Orlove moved to approve the Ordinance on first reading. Vice Mayor Ross seconded the motion. Commissioner Hay asked if there was any impact based on what the State decides. Ms. Jensen said there is no impact based on this amendment. Mayor Rodriguez inquired if we hired three new officers, would it be any different as far as financials go from a pension standpoint? Chief Immler and Ms. Jensen said no. Ms. Jensen said if this is permitted, there will be more money in the Pension Plan plus 8% earnings the City would not have had. Commissioner Holzman explained that it is not always about a money issue when doing collective bargaining. There is a benefit and this is something that should be taken to the table. The Police will be asked to give up some things because everyone will be asked to do that. This is something they could be given in return because it is obviously something they want. Vote City Clerk Prainito called the roll. The vote was 4-1. (Commissioner Holzman dissented.) 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on February 1, 2011. B. Approve proposed expansion of the Memorial Brick Area at Veterans' Bicentennial Park. C. Review and accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the four (4) month period ended January 31, 2011. D. Approve the "OCEAN BREEZE WEST" Record Plat conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., (City Engineer and Surveyor and Mapper) and provide direction regarding Park Impact Fee collection. Commissioner Orlove asked if this would affect any discussions taking place at the CRA level about what the CRA Board would want in that community. Mr. Bressner explained this plat must be approved in order for that project to move forward because it affects a land use change to go to single-family residential. The end product of the plat represents a change in use that is compatible with what the CRA desires to have go on that property. During the staff review of the plat, it was determined that the park Ordinance would apply for this property at building permit, plat approval or recordation. There were comments from CRA staff believing because the property had previously been developed as the Boynton Terrace development and is now being used as a less intense use, the fee should not apply. The interpretation from City staff is the way the Ordinance is written and revised in 2006, there must be evidence the fee was paid. That evidence does not exist. The fee cannot be waived; it must be paid from a source whether that is the CRA or the City with money put in escrow until the matter is reviewed as an Ordinance amendment. Before the plat is recorded, there must be evidence the issue has been settled. During the past two days, Mr. Livergood has come up with some good ways to set aside some funds to meet the requirements of the Ordinance. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 Mayor Rodriguez pointed out the alternative to approving this plat would be to issue an RFP without the plat and let the winner plat his own parcels and subdivide the property. Mr. Bressner agreed and explained the end result could then be different from what was approved. By having the plat in place, the standard is set for what is expected by the CRA on this property. Mayor Rodriguez questioned whether an Ordinance would be brought forward relative to the fees. Mr. Bressner responded staff would want to look at this to determine there is no other impact in other parts of the community of creating a specific waiver for this type of project. Mayor Rodriguez inquired if research had been done to determine if this had been done on other parcels. Mr. Bressner advised there were three Habitat for Humanity properties that received building permits without payment of the impact fees. The Development Department pays the fee from their operating budget. Ms. Brooks offered the CRA has a contract with a site developer and that developer cannot start work without the plat. The plat is consistent with the land use and zoning on that area. The prior project was multi-family and the prior owner wanted townhouses. The community was opposed. The CRA has spent quite a bit of money to get to this point. The CRA was notified three weeks ago this fee had to be paid. The CRA had been to the County about this parcel and learned a credit was due because there had already been units on the site. The impact fee is all about the impact to the infrastructure. If there are fewer units, there is no need to pay. Ms. Brooks suggested the Commission approve this plat and she would add this payment of the park fee to the CRA agenda for the next meeti ng. Jeff Livergood, Director of Public Works and Engineering, said staff worked for many hours with CRA staff to create single-family lots on this parcel to maximize the space. This is a really good plan. The Ordinance clearly requires the payment of impact fees at the time of platting or building permit, whichever comes first. He recommended the City pay the fee on behalf of the CRA. Staff has identified a funding source to pay the fee. Commissioner Orlove pointed out the documents in the agenda indicated no fiscal impact; therefore, his assumption was this money already was included in the budget. Mr. Livergood explained no fiscal impact was noted because staff did not know at that time what the impact would be. Commissioner Orlove inquired if this item needed to be expedited or could it be tabled based on this discussion. Mayor Rodriguez felt this needed to be expedited in order to move forward with the RFP. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 Mayor Rodriguez asked Mr. Livergood to reveal where the money came from to pay this fee. Mr. Livergood explained the money is in the Capital Improvement Program in a line item for miscellaneous small scale projects in the amount of $135,000 which is not fully allocated. Mr. Livergood recommended taking the impact fee and placing it into an escrow fund pending final resolution of any new Ordinance that may change the process. Mayor Rodriguez asked what things were not being done because of this impact fee. Mr. Livergood responded "none" and explained the money in this line item is for small miscellaneous projects as they arise. Mr. Bressner recommended moving forward with Mr. Livergood's recommendation and if the CRA wants to provide the $29,000, staff will accept it. Mayor Rodriguez was bothered by the fact the request for $29,000 appeared to arise at the last minute. Mr. Bressner said he was not part of the process; therefore, he could not speak to that. There was extensive discussion regarding the construction of the plat, but he was unfamiliar with the issue of the impact fee. Motion Commissioner Hay moved to accept Jeff Livergood's recommendation and to approve the plat, placing the money in escrow pending an amendment to the Code that would address this issue and others similar to this that do not set a precedent. Commissioner Holzman seconded the motion. The motion passed unanimously. E. PROPOSED RESOLUTION NO. Rll-032 - Approve and authorize the City Manager to sign Amendment NO.1 for a Change in Scope to Task Order #U07- 15-14 with AECOM USA, Inc. F. PROPOSED RESOLUTION NO. Rll-033 - Approve renewal of Agreement with Federal Property Registration Corporation (F.P.R.C.) for administration of the City's Vacant Property Registration Ordinance to include a registration fee increase from $150 to $200. Commissioner Holzman pulled this item for questions. Scott Blasie said this is a renewal of the contract with the vendor who has been used to administer the City's vacant foreclosed property Ordinance which has been extremely successful in terms of Code compliance. For fiscal year-to-date, almost 80% of the property registrations are voluntary at this point as opposed to those identified by the Code Officers through routine inspections. The Code Officers only find the vacant 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 foreclosed properties if there is a problem. FPRC finds them by routinely scanning the County records. Mayor Rodriguez inquired how Code Compliance handles the situation when it is determined there is a Lis Pendens on a property. Mr. Blasie explained the FPRC scans the public records and if there is a foreclosed property with a Lis Pendens on it, they send the lender/servicer a letter stating the City has this Ordinance to register the property and maintain it. The City is not involved at that point. They can do all the registration electronically. This information goes to Finance and Code Compliance sees it monthly in terms of a report where the City's portion of the fee is deposited through Finance. Mr. Blasie explained there are two parts to this process. The proactive part is where FPRC scans the public records and notifies the entity they need to register. The entity registers the property and maintains the property and the City never has to get involved. The other part of the process is when one of the Code Officers is in a neighborhood and sees an abandoned property. They look at the public records and find a Lis Pendens has been filed and then the City cites those people to register. Until they register with FPRC, they are not in compliance. Commissioner Holzman inquired how many times it happens where there is a vacant property identified and then staff checks for the Lis Pendens. That should not happen because this organization is being paid to do that. They should be advising us of the properties where a Lis Pendens has been filed. The Code Officers are identifying these properties less than 20% of the time. Commissioner Holzman questioned why it happens at all since FPRC is checking the public records. Mayor Rodriguez confirmed there is a standard for maintaining the home. He asked if Code Compliance then checks to ensure the home is maintained. Mr. Blasie explained there is not a systematic check. The Officer is checking based on the fact he patrols that zone. The banks are very accustomed to doing this because it is prevalent in Florida. The banks must supply contact information for maintenance companies as part of the registration. It is not necessary to check whether the property is being maintained. Attorney Cherof explained that if it is not being maintained, the surrounding property owners would begin calling to complain. Mayor Rodriguez felt this was reactive instead of proactive. Commissioner Holzman questioned if the extra $25 would provide any addition to the service and why did the fee have to be paid every year? Mr. Blasie said the $25 the City would receive has no bearing on the type of service the City would be able to provide. Mr. Blasie has a certain number of people who are able 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 to do a certain amount of work. With regard to the second part of the question, Mr. Blasie deferred to the company representative. Code Compliance never sees the properties that register through FPRC. This fiscal year, 499 properties have registered and Code Compliance has cited 86 through complaints or through routine inspections. Commissioner Holzman inquired how many properties were repeat offenders. Mr. Blasie did not have those numbers available. Most of the time they are in compliance because the servicers have hired a maintenance company. Mayor Rodriguez asked if this program has been helping the neighborhoods. Mr. Blasie said it has been extremely helpful and it is helping staff because manpower is not available to follow up on all that have registered. Jeffrey Slagle, representing FPRC, explained this is a tool for the Code Officers. When an Officer goes out, he cannot determine if a house is vacant, but the grass is overgrown and the pool is green. When he does a publiC records request, he may be able to find the property and he may find the owner is one of the major institutions. The process then begins. In many cases, the lenders sell off and change servicers. That information is not in the public records. That is what FPRC does. The data collected is put into the database to which the City has access. Without that tool, this investigation takes a great deal of time. Because so many servicers are involved and changing hands, the data becomes stale and has to be updated constantly. That is what FPRC is being paid to do. Regarding the fee increase, Mr. Slagle said there has been more churning with the servicers than FPRC anticipated when the company was started two years ago. They are doing more work and creating more software that will help the tracking process. Mr. Slagle advised the Realtors' Association has a philosophical issue with the fee being charged and who ultimately pays for it. It is their opinion it is being paid by the distressed homeowner. With FPRC being former bankers, they will tell you when a house goes into foreclosure, that value is drawn down and written off and so are the fees. FRPC is not aware of any company passing on the fees to the distressed homeowner. Mr. Slagle said this has been a great partnership with the City of Boynton Beach and they now partner with the City of Lake Worth and Pahokee. Mayor Rodriguez confirmed with Mr. Slagle the file is scrubbed once a month and may be scrubbed more often in the near future once the new software is in place. Commissioner Holzman inquired how Mr. Slagle accounts for the 20% that is being identified by the City. Mr. Slagle understood the 20% rate to be non-compliance with the Code. Mr. Blasie explained there are still some lenders who are not complying. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 Commissioner Holzman wanted to know how many times the City finds data that is not on the datasheet. Mr. Blasie reported the data sheet is used exclusively. Mr. Slagle reported there are always new properties coming into the process. There could be different reasons. If staff finds a property, they have the ability to go to the database and pull up the property. If the property was registered, the maintenance company phone number is available. Commissioner Holzman asked whether or not the service could be provided for the current fee of $150. Mr. Slagle said it is an issue of the amount of work. He would have to meet with his clients. However, it is important because of the creation of new software. In Miami-Dade, the fee is $225. Commissioner Holzman asked if the company would be willing to agree to a decreasing fee as the years go on. Mr. Slagle advised that a lot of that would depend on the housing market. They would have to look at it over time. Deanna Hall, Realtors' Association of the Palm Beaches, was not present to oppose the foreclosure registry. She met with Mr. Blasie who has been very helpful. She is concerned because this is a third-party foreclosure registry. The City is not registering these properties. The Realtors Association does not believe a Lis Pendens means the property is going to be foreclosed. She believes once the properties are on the books, $150 extra each year is a lot of money. You can subscribe to www.defaultresearch.com and receive Lis Pendens everyday. She does not understand the complicated service of charging $150 as an annual fee. The Realtors' Association feels the fee should not be increased by an extra $50 a year. A comment was made that the registry group is charging at the low end of the spectrum; however, she added the City of Lake Worth is the only other city using this group and their fee is $150 annually. The two other cities in Palm Beach County having requirements for property registry are Lantana and City of West Palm Beach. Lantana charges $100 when the property is foreclosed and the City of West Palm Beach does it in-house and charges $50. This is not a usual practice in Palm Beach County. Commissioner Orlove went to the website mentioned and pointed out the City would have to pay the fee to get the information whereas, at the present time, the banks are paying the fees. Ms. Hall requested the Commission reconsider the increased fee. Commissioner Holzman looked at the website and pointed out the fee was $300 per year for the County. Mr. Blasie said with FPRC he gets the information he needs on who is servicing the mortgage. At least 80% of the property registrations for this year 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 were done through FPRC. The City was not involved and did not have to cite those properties. Mark Karageorge, member of the Code Compliance Board for 31/2 years, has seen 80-90 foreclosure cases in the past. With this program implemented, the banks who were neglecting properties are now maintaining those properties. It is helping with short sales and has been a benefit to the City. The banks now understand this is a vehicle in getting the property sold. This is a win-win situation. Motion Commissioner Holzman moved to instruct staff to try to negotiate a continuation of the contract at the same $150 fee. Commissioner Orlove moved to amend to increase it to $200. Vice Mayor Ross seconded the motion that passed unanimously. G. PROPOSED RESOLUTION NO. Rll-034 - Designate the City of Boynton Beach Canvassing Board for the General Election to be held on Tuesday, March 8, 2011 Attorney Cherof advised that a member needed to be designated to attend the canvassing board meeting in Riviera Beach on Election night with the City Clerk. When Commissioner Orlove asked if a staff member could be designated, the response was affirmative. He suggested the City Manager appoint someone from staff. Motion Commissioner Orlove moved to let the City Manager decide who will be the third person to sit as the City's canvassing board. Commissioner Hay seconded the motion that carried unanimously. H. PROPOSED RESOLUTION NO. Rll-035 - Approve the first Amendment to the Interlocal Agreement (ILA) between the City of Boynton Beach and Palm Beach County to amend the original ILA (R09-021) for the lease of four (4) transit coaches extending the term from January 1, 2013 to January 1, 2016, replacing the existing buses, and increasing the total lease fee from $40 to $70. I. Appoint a committee to review renaming requests for Veterans Park, Veterans Bicentennial Park and Boat Club Park, and then forward their recommendation back to the Commission 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 J. Appoint review committee to consider nomination to re-name Boynton Beach Child Care Center after Lena Rahming. Vice Mayor Ross brought this issue to the City Manager after some discussions with Mikel Jones of Congressman Alcee Hastings' office. The criteria have been met and the process will begin. Mr. Bressner recommended using the same committee approved under Consent Agenda for the Oyer renaming. Ms. LaVerriere reported that when the renaming for Jaycee Park was considered, the Commission appointed one or two people from four advisory boards. She recommended using the same committee. Mayor Rodriguez asked who was responsible for naming the facility the Boynton Beach Child Care Center. Commissioner Orlove said the name was given when it began and that was before Lena Rahming came on board. Motion Vice Mayor Ross moved approval of the review committee to consider nominations to rename Boynton Beach Child Care Center after Lena Rahming per the explanation of the Assistant City Manager of the process used for Jaycee Park. Commissioner Hay seconded the motion that passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. Rll-036 - Award for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID #021-2821-11 to Allied Universal Corporation of Miami, FL as the lowest, most responsive bidder meeting all specifications. Estimated annual expenditure is $350,000. CONTRACT PERIOD: March 2, 2011 through March 1, 2012 Motion Commissioner Holzman moved to approve. Vice Mayor Ross seconded the motion that passed 4-0. (Commissioner Orlove was away from the dais.) B. PROPOSED RESOLUTION NO. Rll-037 - Award a one (1) year extension to the "Annual Contract for Medical and Drug Supplies", Bid No. 025-1412- 10jJA to three vendors. This is a joint bid with the City of Delray Beach, (Bid No. 2009-04). The projected annual expenditure for these Warehouse stocked supplies is $118,000. This is for medical supplies used by BBFRD EMS. CONTRACT PERIOD: February 18, 2011 through February 17, 2012. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion that passed 4-0. (Commissioner Orlove was away from the dais.) 8. CODE COMPLIANCE & LEGAL SElTLEMENTS 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. 11-00S - FIRST READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. Motion Commissioner Holzman moved to table until April 19th. Vice Mayor Ross seconded the motion that passed 4-0. (Commissioner Orlove was away from the dais.) B. PROPOSED ORDINANCE NO. 11-011 - FIRST READING - Approve amendments to Article III, of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers' Retirement Trust Fund" and Approve agreement with the Palm Beach County Police Benevolent Association, Inc. waiving collective bargaining over these amendments. This item was discussed earlier in the meeting. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 10. CITY MANAGER'S REPORT A. Inform the Commission regarding the recommendation from the Recreation & Parks Advisory Board to not convert Pence Park into a dog park. Wally Majors, Recreation & Parks Director, reported that last November staff was asked to get feedback from the Recreation and Parks Board about the potential conversion of Pence Park to a dog park. For the meeting, signs were posed around the park notifying the public to get feedback. Commissioners Orlove and Hay were present at the meeting. The Board felt Pence Park is now being used extensively for a wide variety of activities and the feedback from the residents has been very positive. The Board felt another location should be investigated such as the parcel of land at the corner of Old Boynton Beach Boulevard and Congress Avenue directly behind Best Buy. Commissioner Orlove was surprised to learn that an adult kickball league has started at Pence Park with 150 members. He recalled an incident that occurred at that Park; however, there has been a positive response from the residents with regard to how the Park is being utilized in terms of working with staff and the lighting situation. There is a lessening of the unsavory elements that previously existed. Vice Mayor Ross also commented on the fact that the Park is being used for soccer. Motion Vice Mayor Ross moved to accept the report and instruct staff to explore the City's parcel of land as identified for a pOSSible dog park which is the Winchester property. Commissioner Hay seconded the motion. Mayor Rodriguez pointed out the Board narrowed in on the Winchester property, but he wondered if they want to look at the City as a whole. Mr. Majors believes they want to look at it as a whole since the strategic plan is being updated. As part of that process, feedback from the Board is provided on the City's entire park system. Commissioner Orlove felt the parcel identified came up as a suggestion, but it was not a definitive answer. There are parcels within the City including FPL Park which is in District I and other places that could be investigated. The Winchester parcel could be a good linkage with Petsmart which is nearby. The motion passed unanimously 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 B. Discussion of re-districting the geographic boundaries for the City of Boynton Beach voting districts With the results of the 2010 census coming through, the City is into the cycle of reviewing the Commission districts as part of the normal schedule. Staff looked at the Charter provisions and noted they require the City to look at the district boundaries every four years. The data necessary for this project is part of the ten-year census, so a four-year cycle would require the data be extrapolated or used from the prior census. We have questioned whether it is necessary to do this every four years; however, it is something the voters would have to vote on. Mr. Bressner recommended following the Charter and seeking a proposal from a qualified university. When this was done in 2004-05, there was anticipation development would occur on the Intracoastal. There were comments that by 2010, major changes would be needed. That will probably not happen because of what has happened to the economy. The software can be purchased; however, the Charter does not call for that purchase. Staff is recommending seeking proposals from a university educational research institute to get the geographic review of the districts using the final 2010 census data which should be available in April. Staff is also recommending the Charter Review Committee review this and return with a recommendation for change, if necessary. Commissioner Holzman inquired if there were any alternatives for this round. Attorney Cherof responded negatively. Motion Commissioner Holzman moved to follow the recommendation that we contract with a university educational research institute to conduct a geographic review as well as have the Charter Review Committee look at this during their review. Commissioner Orlove amended the motion to also have the Charter Review Committee add the software issue to their Charter review. Commissioner Orlove seconded the motion that passed unanimously. C. Project update on Amendment to Department of Energy EECBG application Carisse LeJeune, Assistant to the City Manager, reminded the Commissioners that at the February 1st meeting she brought forward the Sustainability Team projects for review and the Commission provided direction. The first priority project was the Schoolhouse 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 Children's Museum HVAC upgrade. The other recommendation was an alternate suggestion by a member of Commission to look at other quick retrofit projects involving solar or other alternative energy sources. The Engineering team consisting of Chris Roschek of Utilities, Andrew Mack, Building Official and Jeff Livergood, Director of Engineering met with an alternative energy solar company who walked facilities with them to determine what was going to be the most successful alternative energy project for the City. The consensus was to work at the Fire Station #5 involving retrofit for solar heating and photovoltaic. The two projects would be existing gas water heaters to be powered by two solar water heating systems and the installation of sixteen (16) 245 watt photovoltaic panels that would provide solar generation to help offset the building's electric consumption. One of the exciting features of the project is that a real-time monitoring of the energy and savings would be provided on the website so that the citizens could see the benefit of solarvoltaics. There would also be a demonstration area where the public could tour and see how this works. These are the two projects the team would like to move forward with along with the Department of Energy. Also, there may be some funds remaining because the lighting at Ezell Hester had a contingency fund. If none or only a portion of that fund is used, there will be money remaining. The team would like to put that money toward another item which is to do as many motion sensor lighting retrofits as the funding will allow in multiple City facilities. This is a scalable project; therefore, it can be reduced in scope and cost from the original proposal to fit the funding that is remaining. Commissioner Holzman questioned how the contact was made with the energy company and whether several companies were contacted. Andrew Mack, Building Official, said Abundant Energy was already doing a project for a residence in the City and staff was familiar with them. They also did an educational component project for Pine Jog Center. There are several other companies contacted, but Abundant was the quickest company to respond so that staff was able to get back to the Department of Energy. Three written quotes will be secured. Commissioner Orlove commended staff for looking into this. He is very happy Fire Station #5 is being used in this manner and having the public able to access this is a win. Vice Mayor Ross pointed out this effort ties into the City's Climate Action Plan which is quite ambitious. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion that passed unanimously. D. Follow-up discussion on red light camera enforcement program Lt. Kelly Harris, liaison for the red light camera project, was asked to provide an update regarding the program. All 13 sites are projected to be live on March 28th. The permits were submitted several months ago. The Police Department will do a 30-day warning period prior to issuing infractions as well as a public relations campaign. ATS vendor representative, Gregg Parks, was present to answer any questions regarding the most recent court cases regarding the red light camera systems. Not being first may have benefited the City. Commissioner Holzman asked Attorney Cherof if there was any "wait and see" approach the City could continue, or is the City now locked into the contract and must go live. Attorney Cherof felt the City went through most of the "wait and see" period. A number of cities have been out in front of Boynton Beach and in Palm Beach County there has been a significant improvement in the court system of late. The Ordinance is enforceable and is consistent with the Statute, represents a good program of deterrents for red light camera runners and a source of revenue for the City. Commissioner Holzman questioned if the Commission could consider a "wait and see" approach. Attorney Cherof said there were exit opportunities in the contract as written, but the recommendation of staff is to move forward with the contract. Commissioner Orlove referred to the issue of the cameras and inquired if the Police Chief Immler and Lieutenant Harris felt there was a problem with red light runners in this City. Lt. Kelly Harris responded affirmatively. Lt. Harris offered to provide statistical information regarding accidents caused by red light runners. Commissioner Hay said he has heard that in states where the license plates are in front of the cars, it is easier to identify the driver. Lt. Harris said the infraction is issued to the owner of the vehicle, not the driver of the vehicle. Commissioner Orlove confirmed this is similar to driving someone else's car and parking in a "no parking" lone. The owner of the car is issued the infraction. Chief Immler reminded the Commissioners the Ordinance that was adopted does not provide for any moving violation points. There is no violation on the record. Lt. Harris did extensive research to identify the intersections and she found the intersections 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 selected to be prevalent to red light runners. Commissioner Orlove would like to review those statistics. Mayor Rodriguez asked for an explanation of what happens if the violation is not paid. Chief Immler said the violation is $158 by State Statute. As a result of the last legislation passed, if you do not pay the ticket, the vendor is permitted to issue a traffic citation to the court. The offender would then move from an Ordinance violation to a State Statute violation that goes on the person's record. Gregg Parks, representing American Traffic Solutions, said if the motorist does not pay the fine within the first 30 days, it is a Uniform Traffic Code violation and is transferred to Palm Beach County Court. That fine rises in cost to $270. There are never any points or insurance ramifications under any scenario. If a Uniform Traffic Code violation is issued and the motorist does not pay, the license will be suspended until that is resolved. In response to Commissioner Hay's question, $600,000 of revenue was projected for this program. Mr. Bressner said that assumed a nine-month operational cycle. This will now be a six-month cycle. Commissioner Orlove was concerned about the legal fees ATS experienced in the Broward legal system. He questioned whether Boynton Beach was setting itself up for the same scenario in Palm Beach County. Mayor Rodriguez also asked who would attend a court hearing if that were necessary. Mr. Parks said the City of Boynton Beach has excellent legal representation. Broward County is unique. The Palm Beach County issues have been resolved, but Broward County has required lengthy evidentiary hearings. Pembroke Pines has only one camera that has been up for a length of time so the initial costs were spread over one camera. Eventually they will have 26 cameras. The cases in Broward County related to technology procedural issues where the judges required depositions. The technology has been used in New York since 1994 with tremendous success. City Attorneys are attending the first few hearings for the first few customers. By the time this City goes live, it may not be necessary. Chief Immler advised the Police Officers attend traffic court and a State Attorney is present. The officer who reviews and certifies the violation would be the witness. During the warning period, motorists will see warning signs at each camera. ATS is working with the City on an education campaign and during the first 30 days, a document is sent which is the equivalent of a notice of violation. However, it states it is a warning. 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 The cameras will be ready to go live on March 28th at 13 locations and enforcement will be in effect on April 28th. Vice Mayor Ross said our City has a very high incidence of very serious traffic accidents at these intersections. She reiterated the Commission discussed this issue in great detail last year. In response to Commissioner Hay, Lt. Harris advised Stephanie Slater, Public Information Officer, has been working with ATS putting together a public education program that will be on the website. Brochures will be prepared and infomercials will be placed on TV and Channel 20. There will also be signs at each location. Commissioner Holzman asked Attorney Cherof to provide an answer to his question about legal options and actual out clauses. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-002 - SECOND READING - Approve the establishment of a zoning overlay (CDRV 11-001) for the general vicinity of Ocean Avenue, between the F.E.C. Railroad and Seacrest Boulevard, modifying the Land Development Regulations by establishing revised development standards and uses consistent with, and implementing the vision contained within the Downtown Master Plan. Applicant: City initiated Attorney Cherof read Proposed Ordinance No. 11-002 by title only on second reading. Motion Commissioner Orlove moved to approve Proposed Ordinance 11-002. Vice Mayor Ross seconded the motion Vote City Clerk Prainito called the roll. The vote was 5-0. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 B. PROPOSED ORDINANCE NO. 11-009 - SECOND READING - Establishing a CRA Board comprised of the members of the City Commission plus two other members appointed by the City Commission Attorney Cherof read Proposed Ordinance No. 11-009 by title only on second reading. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion Victor Norfus, 261 North Palm Drive, commented about flexibility and smooth transition of the Board. When a motion is made, and then amended, does the person who made the first motion have the ability to deny the amendment or make an additional amendment? He continued that the initial amendment was for a seven member Board and what was done was opposite of the seven-member Board and getting five members and two additional residents. There should be an additional amendment made to allow the Commissioners to have the option to appoint someone from the Board to serve in their stead to achieve the initial goal which was an independent Board. This will allow a smooth transition. The current Ordinance will not allow for appointment of additional independent members, but only the replacement of the two additional members that are being added. By allowing a Commissioner to appoint someone already approved to serve in their stead, that will allow for a smooth transition at some time to an independent Board and this will allow a new incoming Commissioner to appoint someone already approved on the list. Also, if someone cannot attend for so many meetings, they will have the option to appoint once satisfied the individual meets their criteria for being on the Board. There would not have to be a new Ordinance. Vote City Clerk Prainito called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO.ll-0l0 - SECOND READING - Appointing two (2) additional members to the Boynton Beach Community Redevelopment Agency Board Attorney Cherof read Proposed Ordinance No. 11-010 by title only on second reading. Motion Commissioner Orlove moved to approve. Vice Mayor Ross seconded the motion 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 Commissioner Hay questioned how the terms would be determined. It was pointed out the terms were determined on first reading. Vote City Clerk Prainito called the roll. The vote was 5-0. D. PROPOSED ORDINANCE NO. 11-012 - FIRST READING - Amending attendance requirements of the Financial Advisory Committee Attorney Cherof said there were two versions of how to handle this issue, but the title of both of the options were the same. Attorney Cherof read Proposed Ordinance No. 11-012 by title only on first reading. Mr. Bressner explained the Financial Advisory Committee has been meeting more than anticipated. They began with twice monthly meetings and in some cases every other week meetings. The current Ordinance states if they miss more than four meetings in a year, they are no longer eligible to serve. Two members fell into that category and resigned from the Committee. They were good members. In January, the Committee met and requested staff put together some alternatives. There are two: 1. Based on a monthly meeting, go to the standard of three consecutive meetings in a year. In the event the Committee meets more frequently than once a month, a member would be removed for missing more than three consecutive meetings or six meetings total in a calendar year. 2. The Committee favors the option whereby if they are on a monthly meeting schedule, it would be three consecutive meetings in a year. If they are meeting twice monthly or more, the member would be removed without further action of the Commission for missing either the greater of three consecutive meetings or 30% of the twice monthly meeting schedule. (30% of the 24 meetings would be eight meetings.) In response to Commissioner Orlove, Mr. Bressner said this Committee meets more than monthly and that is the reason why this is an irregular request. Attorney Cherof said this is not inconsistent with the way the Boards are set up. There is no default standard for attendance. Attorney Cherof confirmed the Commission has full discretion to set attendance for every committee or board. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1, 2011 Motion Commissioner Orlove moved to approve the second proposal that was approved by the Financial Advisory Committee. Commissioner Hay seconded the motion. Vice Mayor Ross questioned if this was enough of a change to end the loss of members from the Financial Advisory Committee. Mr. Bressner said the language was developed in cooperation with the Chair and then confirmed by the members of the Committee. There is an expectation they will continue to meet twice monthly. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Discussion of local transportation options including review of Wellington alternative transportation program - 03/15/11 B. Charter Review Committee timeline and scope of work - 3/15/11 C. Recommendation from Purchasing for Engineering Task Order RFQ - 3/15/11 D. Configuration of Special Events Committee, scope, opportunities to consolidate coordination, timeline and expected gains - 3/15/11 E. Follow-up on Joint City/CRA Downtown Workshop of 2/17/11 - Tentative April 5, 2011. F. City of Boynton Beach Green Building Program Ordinance - 4/05/11 G. Climate Action Plan Implementation Status Report - 4/05/11 H. Sister Cities Presentation - 4/05/11 I. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 4/19/11 J. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 1,2011 K. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meet at 9:14 p.m. CITY OF BOYNTON BEACH ATTEST: ~~ Marlene Ross, V' e Mayor /~'/.'~. ,/~. . <,1 , ~ i '// i ~ . Willia rlove, Commissio r Jrw~/A , X:ommissioner~ .~ Jan t M. Prainito, MMC . Clerk Transcribed from one (1) recording 03/03 - 5112 hrs. 28