Minutes 04-27-11
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
AT 6:30 P.M., ON WEDNESDAY, APRIL 27,2011
PRESENT:
Jose Rodriguez, Mayor
Marlene Ross, Vice Mayor
William Orlove, Commissioner
Woodrow L. Hay, Commissioner
Steven Holzman, Commissioner
Kurt Bressner, City Manager
Kerry Ezrol, 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 Hay
Mayor Rodriguez called the meeting to order at 6 p.m. and advised the Commission
would be holding a closed-door session and would be returning in approximately 30
minutes.
CLOSED DOOR EXECUTIVE SESSION BEGINNING AT 6:00 P.M.
BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF
BOYNTON BEACH, Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA
RATON MAUSOLEUM, INC., Third-Party Defendant Case No.
502008CA030 196XXXXM B(AB)
Attorney Ezrol announced, for the record, "that in accordance with the Statute, this is a
- the Commission is going to be meeting in private session with the Attorney in
accordance with Section 286.011 Florida Statutes to discuss the case of BOYNTON
BEACH MAUSOLEUM, INC. vs. the CITY OF BOYNTON BEACH, Palm Beach Circuit
Court Case No. 502008CA030196. Those in attendance will be the Mayor, members of
the Commission, myself, a Court Reporter and the Assistant City Manager. We expect
the private session will take approximately one-half hour."
Mayor Rodriguez declared the meeting recessed at 6:01 p.m.
Mayor Rodriguez declared the closed-door session concluded and reconvened the
meeting at 6:33 p.m.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 27, 2011
There were no additions, deletions or corrections.
2. Adoption
Motion
Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The
motion passed.
Commissioner Woodrow Hay led the Pledge of Allegiance to the Flag.
Mayor Rodriguez mentioned that an item needed to be added to the agenda. It was a
presentation on the reconstruction of the Galaxy Elementary School.
Motion
Vice Mayor Ross moved to add the agenda item. Commissioner Hay seconded the
motion. The motion passed. The agenda was modified to add Item 3.C.
2. OTHER
A. Appointment and Swearing in of Vice Mayor
Motion
Commissioner Hay nominated Commissioner Bill Orlove. Commissioner Holzman
seconded the motion. The motion passed.
Vice Mayor Orlove expressed his appreciation and looked forward to continuing his
service to the City in a different role.
Mayor Rodriguez thanked former Vice Mayor Ross for her hard work and support of the
Mayor during the past year on City side and CRA side.
Commissioner Ross thanked the Mayor and Commission for the opportunity to be Vice
Mayor. She had learned a great deal and felt it was a great experience.
Mayor Rodriguez administered the oath of office to Vice Mayor Orlove. Vice Mayor
Orlove appreciated the confidence the Commission had in his abilities. He hoped to
serve the citizens well.
B. Informational Items by Members of the City Commission
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Commissioner Ross had attended the Children's Schoolhouse Museum annual
dinner/dance fund raiser, Cross Point Elementary Career Day and the League of Cities
monthly luncheon.
Vice Mayor Orlove had attended the Children's Schoolhouse Museum fund raiser, Arbor
Day dedication with students from St. Mark School and dedication of the Boat Club Park
artwork. The Southern Dance Theater has dancers who are part of a film called "The
Magic Ribbon" that was filmed by students and is in competition with other student films.
The competition is sponsored by Sprite and votes can be cast for the film through their
web site.
Vice Mayor Orlove had attended the Boynton Beach Firefighters Benevolent
Association Annual Fishing Tournament and Firehouse Chili Cook-off. He was one of
the judges and Boynton Beach Fire Station #4 "B" shift won. The fish caught was
donated to charity. He announced the US Department of Energy had approved the
Energy Block Grant of $90,000 to reduce the community's carbon footprint. One project
was to use solar power for the water heaters at Fire Station #5 and the citizens could
watch the energy savings.
Commissioner Holzman had nothing to report.
Commissioner Hay had been a guest lecturer at Palm Beach State College discussing
diversity in leadershi~. He had attended the Children's Schoolhouse Museum
dinner/dance for its 10 h Anniversary and Cross Point Elementary Career Day. He bid
on and won the cruise. He urged the citizens to visit Boat Club Park and see the artwork
on the building created by a 15-year old artist, Guy Snell. As mentioned, Commissioner
Hay had been sworn in as a Board Member for the Palm Beach County League of
Cities. There were many issues that should be of concern to the municipalities,
particularly the Code of Ethics and the Inspector General's duties and responsibilities.
Commissioner Hay commended staff for cutting the hedges so the marquee could be
seen.
Mayor Rodriguez explained the trees were being trimmed in anticipation of painting City
Hall. May 21st is scheduled as the first painting session. The paint would be donated
from the Solid Waste Authority and volunteers were needed to do the painting. There
would be no cost to the taxpayers. Commissioner Hay expressed concern with the
possible liability issues. Mayor Rodriguez assured the Commission that meetings were
being held and the challenges met.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Proclaim the month of Mayas Building Safety Month. Accepting the
proclamation is Andrew Mack, Building Official.
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Mayor Rodriguez read the proclamation for Building Safety Month for May, 2011. It was
presented to Andrew Mack, Building Official, who thanked the Mayor and Commission
for the recognition of the Department's hard work and support throughout the year.
B. Proclaim the week of April 24th to the 30th, 2011, as Preservation Week.
Accepting the proclamation will be Anne Watts, Assistant Library Director.
Anne Watts, Assistant Library Director, accepted the Proclamation for Preservation
Week and stressed the Library supported all historic preservation, including archives
and local history material. She invited everyone to visit the Library.
C. Presentation on the Reconstruction of Galaxy Elementary School.
Michael Owens, representing the School District of Palm Beach County, thanked the
Commission on behalf of his entire team for an opportunity to present the modernization
of Galaxy Elementary School.
Jose Burgetto, Architect, located the site and indicated the new facilities would be
probably one of the most exciting elementary schools in the State of Florida. It will
introduce a new science curriculum focused on energy, environment and engineering.
The theme would be, "The Wonder of Science" and would introduce color into the
school to peak natural curiosity of the children and develop life-long learners. It will
encompass project-based learning and promote collaborative learning and critical
thinking.
The facility will be the first LEED platinum school and compliment the initiatives the City
has undertaken in sustainable design. There will be 605 students in the first phase.
There will be a built-in expansion shell area for 182 more students with a future footprint
area for 257. Ultimately it could service 1044 students. It will be used as a
demonstration site utilizing examples of sustainable design such as bio-swales,
harvesting plants, windmills and solar farms. The site will become a classroom in and
of itself. The floor plans were reviewed including the security measures. The entryway
will feature interpretive learning measures and exhibits of engineering and the
environment. A wonderment zone would include four labs with displays of engines and
space ships. Ongoing science exhibits will be on continuous display. The hallways will
be exhibit centers on the floor and walls.
It will be a dynamic school and integrate reading, writing and math with science
projects. The classrooms would be technology rich. The second floor would have a
green roof to grow plants and harvest rain water. The playground and adjoining park
and preserve will create a unified green space for the community of 16.5 acres. The
ingress and egress was identified. Ground breaking was set for December 2011 with
children in the facility by August 2013.
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Mayor Rodriguez inquired what the solar farm would support. It was estimated 4% of
the energy would be generated from the solar farm and wind mills. Commissioner Ross
inquired if the LEED certification would be difficult to achieve. Mr. Burgetto replied it
was a high standard and added there was a grant strategy developed to attain the
platinum level through a series of community partner grants resulting in less cost to the
School District.
Commissioner Hay was excited about the improvements and asked if the 605 students
would be limited to the existing Galaxy boundaries. Mr. Owens explained initially the
boundaries would be the same, but with the addition of other academic programs some
students outside the boundaries would be brought in. Vice Mayor Orlove inquired if
there was a potential the school could become a magnet program or school of choice.
Mr. Owens believed there would be some program enhancements but would remain a
boundary school for the neighborhood. The funding for the facility had been approved.
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)
Jennifer Snow, 5117 Cheryl Lane, West Palm Beach, supporter of Katy's Kids
Learning Center, had witnessed problems with a park across the street from the Center.
The park has bright lights on all night and encourages the presence of drug dealers and
addicts who vandalize the Center's property. The police had been called for the alarms.
The alarm company had changed a sensor in the door, but it continued to activate the
alarm. The police were asked to intervene on three occasions; however, upon their
arrival the individuals were gone. The City was charging the school for the alleged false
alarms in spite of confirmation from the neighbors regarding the vandalism.
Catherine Muhammad, 127 South K Street, Lake Worth, owner, had contacted City
staff and was advised to appear before the Commission. Recently, the entire building
was on lock down due to criminal activity and guns. The Center is located at 2895 SE
2nd Street. Mayor Rodriguez suggested the parties discuss the matter with staff and a
report could be made to the Commission on the resolution.
Jeff Mark, 812 NW 6th Avenue, Boynton Beach Rescue Lieutenant and union steward,
spoke on the proposed ocean lifeguard layoff. There were 265,094 visitors to
Oceanfront Park in 2010 and a comparable number so far this year. There are four
lifeguards per day, working ten-hour shifts for maximum coverage with minimal staff.
With the loss of one lifeguard, the remaining staff will be forced to work five day, eight-
hour shifts per week. Mr. Mark contended, according to the union contract, all the part-
time employees would have to be let go before a full-time employee could be laid off.
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He felt there were various ways monies could be found to cover the projected $45,000
savings.
John McGovern, 2620 Spiceberry Lane, commented the choice program in the School
District was coming under review. Mr. McGovern was present to discuss the recent
surveys relating to branding and the Old High School. He noted 60% of the survey
responders labeled the City as "struggling". As an example, there are 18 assisted living
facilities within the City of Boynton Beach, many housing veterans that were not aware
of additional benefits to which they were entitled. He felt the survey relating to the Old
High School was too directional and pushed for a particular result.
Brian Miller, 2515 NE 2nd Court, reported there was a single-family house at 2861 N.
Seacrest in major disrepair for an extended period of time. It was now in foreclosure.
The location had been cited by Code Compliance twice, but funds to improve the site
are no longer available. He urged the Commission to address the situation, as well as
other houses in the same condition.
Commissioner Hay commented he had gone by the site and it was atrocious. It should
be cleaned up at whatever costs. He would discuss with staff some suggestions to
solve the issue.
David Saunders, 103 SE 34th Avenue, spoke about the Ocean Rescue Division. He
had worked for the City for 24 years as an ocean lifeguard. The 10% budget reduction
requested would result in the loss of one full-time lifeguard. The beach is staffed 365
days a year, including holidays with eight full-time employees. Beach attendance has
increased while staff has decreased. The employees wanted to continue to provide the
highest level of service to the beach patrons.
Vinola Rada, 719 SW 3rd Avenue, commented with a high technology school such as
the proposed new Galaxy Elementary School, students from other areas will migrate to
the School. She urged the Commission to keep the boundaries within the community.
Commissioner Hay concurred.
Mayor Rodriguez commented neither the administration nor the Commission had laid off
any lifeguards. There may be discussions and recommendations, but no action has
been taken.
5. ADMINISTRATIVE
A. Accept the resignation of Susan Indilicato, a regular member of the Golf Course
Advisory Committee
Motion
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April 27, 2011
Commissioner Holzman so moved. Commissioner Hay seconded the motion. The
motion passed.
B. Accept the resignation of James Brake, a regular member of the Code
Compliance Board
Motion
Commissioner Holzman so moved. Commissioner Ross seconded the motion. The
motion passed.
C. Accept the resignation of Barbara Lentz, a regular member of the Arts
Commission
Motion
Commissioner Holzman so moved. Commissioner Ross seconded the motion. The
motion passed.
D. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
Motion
Commissioner Holzman appointed William Mitchell as an alternate to the Veterans
Commission. Vice Mayor Orlove seconded the motion. The motion passed.
Motion
Commissioner Holzman, on behalf of Mayor Rodriguez, moved to appoint Eric Jones to
the Historic Resources Preservation Board. Commissioner Hay seconded the motion.
The motion passed.
Motion
Commissioner Ross moved to appoint Jeffrey Fisher as an alternate on the Financial
Advisory Committee. Commissioner Holzman seconded the motion. The motion
passed.
Motion
Vice Mayor Orlove appointed Linda Stabile to the Historic Resources Preservation
Board. Commissioner Ross seconded the motion. The motion passed.
Motion
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Commissioner Holzman appointed Khadijay Davis to the Education and Youth Advisory
Board. Vice Mayor Orlove seconded the motion. The motion passed.
Motion
Commissioner Ross appointed Mikerline Louis as a student non-voting member.
Commissioner Holzman seconded the motion. The motion passed.
Motion
Commissioner Holzman appointed Brian Miller as a regular member of the Planning and
Development Board. Commissioner Hay seconded the motion. The motion passed.
Motion
Commissioner Hay moved to table the rest of the appointments. Vice Mayor Orlove
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.
A. PROPOSED RESOLUTION NO. R11-051 - Approve the proposed contract
with AECOM TECHNICAL SERVICES of West Palm Beach, Florida as the
selected firm for the partial design services for repair and/or partially
replace/relocate a portion of the "STORMWA TER BASIN BOARDWALK FOR
THE CITY OF BOYNTON BEACH" in the amount of $22,000, plus direct
expenses as specified on the last page (attached as Exhibit "B") of the task
order.
B. Approve expenditure from the Police Department's Law Enforcement Trust
Fund (State Forfeiture) in the amount of $27,000 for donation to the Youth
Violence Prevention Program
C. Accept the written report to the Commission for purchases over $10,000 for the
months of February and March 2011
D. Approve the Minutes from the City Commission meetings held on August 31,
2010, and April 5, 2011
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E. Approve staff's request to reallocate funding to retain the services of the part
time Office Associate position for the Youth Empowerment Center (YEC)
7. BIDS AND PURCHASES OVER $100,000
A. Award "MICRO-SURFACING of EIGHTEEN (18) STREETS IN CITY OF
BOYNTON BEACH to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration,
Florida with a total proposed expenditure of $414,457.80 plus an 8 percent
(8%) contingency in the amount of $33,156.62 for a total estimated project cost
of $447,614.42. This includes both the micro-surfacing and the line restriping
when deemed necessary.
Commissioner Holzman inquired if past micro-surfacing issues of having to re-surface
some roads had been resolved. Jeff Livergood, Director of Public Works and
Engineering, recalled there had been an issue in the 1990s that was corrected in 2003
with wonderful success since that time. There will always be reflective cracking
because it is only a surface treatment.
Vice Mayor Orlove commented his community had success with the micro-surfacing
product. The technology aspect had greatly improved.
Motion
Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The
motion passed.
B. Award Co-op bid with City of Delray Beach for Chemicals and Fertilizer to
various vendors as listed below as the lowest, most responsive, responsible
bidders who meet all specifications with an annual expenditure of $100,000
Motion
Commissioner Hay moved to approve. Commissioner Ross seconded the motion. The
motion passed.
C. Approve the Bid for "ANNUAL CONTRACT FOR HARDWARE SUPPLIES AND
ELECTRICAL COMPONENTS" Bid # 026-1412-11/MFD to the following five
(5) companies: AAA Tool Supply, Fastenal Company, Graybar Electric Co.,
Southern Star Fasteners and World Electric Supply on an overall basis, to the
lowest, most responsive, responsible bidders who met all specifications.
Commissioner Holzman alleged there was some overlap with the bid process. There
were some items with several vendors as equal low bidders. Barry Atwood, Finance
Director, advised one would simply be picked. Commissioner Holzman asked if there
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was some type of rotation of awards. Mr. Atwood advised local companies or one that
had delivered in the past would be given preference.
Motion
Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The
motion passed.
D. PROPOSED RESOLUTION NO. R11- 048 - (1) Approve the list of top ranking
qualifiers identified by the Evaluation Committee from the responses received
to the Request for Qualifications RFQ #059-2821-10/CJD for the scope of
services (A - E), "TWO YEAR CONTRACT FOR GENERAL CONSULTING
AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH" ;
and (2) authorize the Utilities Department and Recreation/Parks Department to
conduct negotiations for compensation of services with the recommended
qualifiers according to Florida State Statute 287.55, Consultants' Competitive
Negotiations Act, (attached) as Exhibit "C" (TABLED ON 04-05-11).
Motion
Vice Mayor Orlove moved to remove the Item from the table. Commissioner Hay
seconded the motion. The motion passed.
Mayor Rodriguez recalled six contracts would be awarded to the top bidder and the
concern was three of the six contracts are with one vendor. Once awarded, those
vendors would automatically get the work orders as they arose. There would be no
rotating process. Previous discussion suggested the top three in each category would
be allowed to participate and the contracts negotiated within the top three.
Attorney Ezrol advised the suggested process was not how the project was bid. The bid
indicated services A thru E and in each area the bid was let out to the public as though,
in accordance with the Consultants' Competitive negotiations Act (CCNA), the most
qualified firms would be ranked one through three after which the prices would be
negotiated, with the first rank, qualified firm for each category. Upon agreement on the
pricing, the process would end. If an agreement on price would not be negotiated, staff
could proceed to the second ranked firm to negotiate prices and then the third ranked
firm, if necessary.
Attorney Ezrol indicated, if the goal was to proceed on a rotating basis, the bids
submitted would have to be rejected and the process started over.
Mayor Rodriguez contended the price negotiations with the top ranked firm would
eliminate any competitive bidding scenario. Attorney Ezrol responded Statute 287.55 is
drafted so that the ranking for specified services would be by qualifications and other
categories permissible for consideration and price is not included. Mayor Rodriguez
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reiterated competitive bidding would not be permitted. Attorney Ezrol replied the City
could have other information on competitive pricing in the market to make a
determination on the pricing offered. The information could not be obtained through
discussions with the second and third ranked firms. Proposed legislation may change
those rules.
Commissioner Holzman inquired if there was sufficient time to reissue the Request for
Proposal (RFP). Mr. Atwood cautioned it was a lengthy process and would depend on
the scope of the project. It would involve three to five months to start over. There are
twelve projects, mostly from Utilities, that are pending and were anticipated to be
awarded over the next two years. Kofi Boateng, Utilities Director, advised some of the
projects are critical and should commence as soon as possible. There could be
projects that have not been anticipated that would use the process also. The previous
contracts had expired a year ago. There were ongoing projects.
Mayor Rodriguez was concerned that a more proactive approach had not been taken.
Ms. LaVerriere interjected the City Manager had reduced the spending thresholds for
this type of contract under a task order type system. There has been restructuring of
the process to bring down the thresholds. The benefit was smaller projects could be
undertaken at a faster pace than bidding each individual project. Finishing projects
under the task order system has been the priority with no new contracts awarded. Any
necessary projects in the interim would have been individually bid.
Vice Mayor Orlove questioned if there were projects waiting for consulting services. Mr.
Boateng advised there were such projects. The three to five month process to start
over could impact the Utilities Department. Ms. LaVerriere advised there are
emergency procedures in place, but it was not the ideal way to address the issue.
Mayor Rodriguez commented that RFQs should not let out bids that isolate one vendor
and, if done, it should be brought before the Commission. Commissioner Ross agreed
and did not want the practice to continue.
Motion
Commissioner Holzman moved to accept the rankings and move forward. Vice Mayor
Orlove seconded the motion.
Raney Mathews, President of Mathews Consulting, offered their experience was that
the CCNA Statute would not prohibit the City from entering into continuing contracts
with more than one firm. The Statute is silent on how many contracts could be
awarded, but does indicate firms cannot be required to bid against one another. It is a
common practice for governmental entities to issue multiple contracts. The RFQ does
include language that reserves the right to increase or decrease the quantity specified in
the RFQ. It is likely the City will have one firm for three scopes if the current bid
continues. Two of the firms are large national firms. Ms. Mathews requested the
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Commission contract with the three top firms, not just negotiate. It will prevent a
monopoly on the consulting work, allow local, small, and minority businesses to do
business with the City that could result in lower costs on the projects.
Attorney Ezrol disagreed that the City was not authorized to select multiple vendors and
not consistent with the CCNA that governs the process.
Becky Hackenberg, with MWH, 100 S. Dixie Highway, Ste 300, West Palm Beach,
agreed with some of the comments of the previous speaker. She pointed out there are
only five points out of 2,500 points separating the top four firms. The RFQ had been
challenging because the gap in individual scorings had greatly altered the outcome.
Ms. Hackenberg thought the scoring should be reviewed. She urged the Commission
to select multiple firms.
No one else came forward.
In light of the scoring issue raised, Mayor Rodriguez suggested the item be tabled until
the process is reviewed. Commissioner Holzman agreed he could not support the
motion because he had too many concerns about the process and negotiating with only
one firm was an egregious error. He preferred the staff ranking be rejected and move
forward with a new RFQ to be issued with new terminology. Vice Mayor Orlove agreed,
but the timeframe was a concern. Mr. Atwood estimated a new RFQ could be issued in
a couple weeks. There has to be time for the respondents to submit their paperwork. If
the same number of responses are received, the evaluation team will require a few
weeks to review all the submittals.
Motion
Commissioner Ross moved to reject the staff rankings and direct staff to reissue the
RFQ. Commissioner Hay seconded the motion.
Vice Mayor Orlove wanted clarification on the number of firms per scope that would be
considered. Mayor Rodriguez did not want any limitation, and wanted the Commission
to decide, based on the scoring how many firms would be used in each category. Mr.
Atwood pointed out the negotiations involve only the rates and not the tasks.
Mayor Rodriguez replied the Commission wanted multiple organizations to be able to
rotate work through the top ranked firms. Attorney Ezrol would work with staff based on
the direction of the Commission.
The motion passed.
E. PROPOSED RESOLUTION NO. R11-052 - Approve City Departments to
utilize the State of Florida Contract for Multifunction Copiers, Service and
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Supplies with Konica Minolta under Contract number 600-000-11-1 when
replacing existing equipment
Vice Mayor Orlove questioned if there was a true need to replace 34 copiers. Mr.
Atwood noted the budget review process could alter the number to be replaced. They
are for specific Departments. Some are shared by several employees. Commissioner
Holzman reiterated it would be an option to lease 34, if necessary, and Mr. Atwood
concurred.
Motion
Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion.
The motion passed.
F. Approve the Bid for "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL
TRUCK PARTS AND ACCESSOIRES" Bid # 031-1412-11/MFD to the following
seven (7) companies: Bennett Auto Supply, Cold Air Distributors, General
GMC, The Parts House, South Florida Emergency, Total Truck and Vehicle
Maintenance Program on an overall basis, to the lowest, most responsive,
responsible bidders who met all specifications with an estimated annual
amount of $140,000.
Motion
Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion.
Mayor Rodriguez inquired if the vendors were utilized on a rotating basis. Mr. Atwood
explained it was based on the parts and the low bidder on each part.
The motion passed.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
A. Approve negotiated settlement of $10,000 in Garfield Johnson v. City of
Boynton Beach
Motion
Commissioner Holzman moved to approve. Commissioner Hay seconded the motion.
The motion passed.
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
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The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the
abandonment of 18.2-foot wide unimproved alley located between West Ocean
Avenue and SW 1 st 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.
Attorney Ezrol read Proposed Ordinance No. 11-008 by title only on first reading.
Motion
Vice Mayor Orlove moved to remove from the table. Commissioner Holzman seconded
the motion. The motion passed.
Kathleen Zeitler, Planner, reported the City had initiated the abandonment that was
presented to the Planning and Development Board in January with conditions for a
utility easement and access easement. A meeting was held with the neighbors affected
by the access easement and they indicated they would not support the easement. It
was presented again to the Planning and Development Board in March with a
recommendation of approval with only the utility easement. The Board voted for
approval.
Motion
Commissioner Holzman moved to approve. Commissioner Ross seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
B. PROPOSED ORDINANCE NO. 11-016 - FIRST READING - Amend Code of
Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee
Schedule to provide for a five percent (5%) increase in Business Tax fees.
Attorney Ezrol read Proposed Ordinance No. 11-016 by title only on first reading.
Maxime Ducoste-Amedee, Zoning and Business Tax Manager, advised the Statute
allows an increase in the Business Tax by up to 5% every other year. It has not been
achieved in the past. It would increase the revenues. It had been reviewed by the
Financial Advisory Committee who recommended an increase.
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Commissioner Holzman did not think the $65,000 increase in revenue would warrant
local businesses paying more to be in Boynton Beach. Mr. Ducoste-Amedee agreed
the Commission had to make the decision whether the increase was appropriate,
although, every source of revenue should be sought.
Mayor Rodriguez agreed with Commissioner Holzman and was an advocate of not
increasing taxes in recessive times. Vice Mayor Orlove agreed. He wanted to know
how Boynton rates compared with other municipalities in the County and if the window
to increase the fee was only every other year. Mr. Ducoste-Amedee advised it was
every other year. The comparison had been with Delray, Boca and Palm Beach
Gardens who had not increased its rate for ten years. The City of West Palm Beach
increased their fee last year. Some jurisdictions have flat fees and some have
variables. Vice Mayor Orlove surmised even though the increase would be a small
burden, it would be a burden on businesses and would not be in favor of an increase at
this time.
Motion
Commissioner Holzman moved to deny.
Nancy Byrne, Assistant Director of Development, pointed out the fee had not been
increased since 2006, so it could be considered every year until the next increase.
Motion
Vice Mayor Orlove moved to table the item for one year. Commissioner Holzman
seconded the motion.
Attorney Ezrol advised no action should be taken on the Ordinance. Staff could be
directed to bring the matter before the Commission in a year. No motion was
necessary.
Vice Mayor Orlove rescinded his motion.
10. CITY MANAGER'S REPORT
A. Staff update on Historic High School Planning Charette that took place on
March 26, 2011.
Ms. LaVerriere, Assistant City Manager, gave a brief report. The Charette was a public
engagement to solicit their ideas for a re-use of the Old High School. There were 46 to
50 participants that broke into five development planning teams. The consultants'
recommendations are to be presented on May 17, 2011. There was consensus to
redevelop the High School and the ideas included small business incubator,
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entertainment, artistic, cultural, banquet, restaurant and food service, ballroom and
conference center, culinary institute. Residential redevelopment was rejected. There
were many uses and activities suggested that encompassed public and private uses.
There was consensus of the teams to recreate the school as a vibrant, new complex of
uses, to serve as a tourist draw to the area with a unique Florida destination. It should
be a magnet for new activity and a means to support other jobs and employment
opportunities. It was a goal to make the facility as financially self-sufficient as possible,
with minimal cost to the City.
Vice Mayor Orlove had appeared at the Charette and commended the participants for
being creative and dedicated to the concept of uses for the Old High School that
everyone could take pride in the project. He was eager to hear the recommendations.
Mayor Rodriguez remarked it had to be a private and public partnership to be used as a
redevelopment tool and add to the downtown. The City could not solely absorb the
cost.
11. UNFINISHED BUSINESS
A. PROPOSED RESOLUTION NO. R11-049 - Appoint an Ad Hoc Committee for
Special Events - TABLED ON 3/15/11
Motion
Commissioner Holzman moved to remove from table. Commissioner Hay seconded the
motion. The motion passed.
The matter had been tabled to have a full Commission available for discussion. Mayor
Rodriguez had initiated the discussion because he felt event planning was scattered
throughout the City with different departments and resourses. There was no central
point of focus to coordinate events. His goal was to get volunteers who specialized in
special events and marketing. The Commission had decided it would be better to
allocate one member from other advisory boards. Mayor Rodriguez maintained limiting
the Commission to current advisory board members could eliminate members of the
community with expertise in the arena of special event planning. Other cities have
outlined special skill sets to assist. Mayor Rodriguez asked the Commission to not limit
the board members to be from existing advisory boards.
Vice Mayor Orlove agreed. He was concerned about creating another advisory board.
Staff had researched and found examples of what other cities had done, and particularly
the example of Ogden City, Utah. Their committee created a mission statement, goals
and a report. He favored moving more in that direction and asked staff to look at the
Ogden City, Utah example of a Special Events Advisory Committee. Mayor Rodriguez
added West Palm Beach had a Special Events Advisory Committee with some specific
skill sets for the organization and qualifications of the members including
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April 27, 2011
representatives of neighborhood associations, local businesses and community based
organizations who could contribute to the continued growth and excellence of the City's
special events and offer expertise in marketing, accounting and fund raising. Mayor
Rodriguez supported Vice Mayor Orlove's recommendation. Commissioner Ross liked
the two templates. There was agreement an ad hoc committee would be sufficient.
Motion
Vice Mayor Orlove moved to direct staff to create an ad hoc committee on special
events, taking into consideration ordinances by the City of West Palm Beach and
Ogden City, Utah. Commissioner Holzman seconded the motion.
Vice Mayor Orlove questioned if the board liaison had been considered or designated.
Ms. LaVerriere replied it had not, but Ms. Biscuiti from the Community Redevelopment
Agency had been considered. Vice Mayor Orlove recalled there was concern Ms.
Biscuiti may not be the appropriate person, especially during the season and running
many events. Mayor Rodriguez indicated West Palm Beach included a City
Commissioner as the liaison. One meeting a month may not impact Ms. Biscuiti too
much and it may help her.
The motion passed.
B. Accept staff report regarding transparency in City Government and the "Open
Wellington" webpage.
Commissioner Hay had the item added to the agenda. Staff had prepared a report.
Carisse LeJeune, Assistant to the City Manager, reported staff had reviewed the
Wellington web site. Their web pages included links to search engines to find financial
reports and research documents. The City of Boynton Beach had been doing the same
type of links since 1997. The City could do a better job by making the web page more
user-friendly. A revamp of the web page has been underway and should be ready in
June of this year. The goal was to make it more attractive and a marketing tool for the
City of Boynton Beach.
Vice Mayor Orlove commented the Village of Wellington web page was more attractive
with a nice clean, crisp display. The City needed to package the information that had
been available for years a little differently. Transparency and being more user-friendly
were the goal. Commissioner Ross inquired if there would be an issue of cost. Ms.
LeJeune was confident staff could create a very similar type web page without
additional software expense. Wayne Segal, Public Affairs Director, confirmed the new
web page would have revolving banners and many other capabilities.
12. NEW BUSINESS
NONE
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13. LEGAL
A. (1) Accept a payment from PBS&J in the amount of $39,897.86 as the final
settlement of design-related issues causing excess construction costs incurred
on the SE Federal Highway / SE 4TH Street Water Main and Drainage
Improvements projects and
(2) Approve City payment of the final invoice for $15,781.00 from PBS&J to
close out Task Order No. U04-16-2 approved by the City Commission on
February 17, 2004
Motion
Commissioner Holzman moved to approve. Commissioner Hay seconded the motion.
The motion passed.
B. Charter Review Committee Appointment -TABLED ON 3/15/11
Motion
Commissioner Holzman moved to remove from the table. Commissioner Ross
seconded the motion. The motion passed.
There was consensus to make the appointments at this time.
Commissioner Hay appointed Brian Edwards.
Commissioner Holzman appointed James Brake
Mayor Rodriguez appointed Arthur D'Laruge
Commissioner Orlove appointed David Katz
Commissioner Ross appointed Jeannie Taylor
Motion
Commissioner Holzman moved to approve the appointments. Commissioner Hay
seconded the motion. The motion passed.
There was consensus that the Commission members would be able to appoint a
replacement if there was a conflict.
C. PROPOSED ORDINANCE NO. 11-013 - SECOND READING - Approve
amendment to add provisions and standards (CDRV 11-001) to the Land
Development Regulations (LDR), Chapter 2, Article II General Provisions,
Section 8, to accommodate solid waste collection sites and temporary housing
during periods of declared emergencies. Applicant: City-initiated.
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April 27, 2011
Attorney Ezrol read Proposed Ordinance No. 11-013 by title only on second reading.
Motion
Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion.
Mayor Rodriguez opened the issue for public hearing. No one came forward.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. PROPOSED ORDINANCE NO. 11-014 - SECOND READING - Approve the
staff initiated creation of a City of Boynton Beach Green Building Program
Ordinance.
Attorney Ezrol read Proposed Ordinance No. 11-014 by title only on second reading.
Motion
Commissioner Hay moved to approve. Commissioner Ross seconded the motion.
Mayor Rodriguez opened the issue for public hearing. No one came forward.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
E. PROPOSED ORDINANCE NO. 11-015 - SECOND READING - Approve the
recommended revisions to the City of Boynton Beach Personnel Policy Manual
(PPM). The revisions to the PPM update the manual so that it properly reflects
the intent and purposes of the current City personnel programs, eliminates
outdated policies and provides flexibility to management
Attorney Ezrol read Proposed Ordinance No. 11-015 by title only on second reading.
Sharyn Goebelt, Director of Human Resources, reported there was a cross-functional
task force that met and reviewed all City policies. The revision updates the policies and
provides additional flexibility to management.
Mayor Rodriguez asked for the top five critical changes that were made. Ms. Goebelt
responded the Code of Ethics was added, flexibility to management to implement
furlough hours with Commission approval, designate holidays as unpaid, address the
economic climate and budget crisis, delete longevity pay, eliminated arbitration for
disciplinary actions and provide more flexibility to management for layoffs by deleting
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April 27,2011
language to allow managers to make decisions on layoffs not based on strict guidelines
such as in collective bargain agreements.
Motion
Commissioner Holzman moved to approve. Commissioner Hay seconded the motion.
Mayor Rodriguez opened the issue for public hearing.
Mike Osborne, 3712 Coelebs Avenue, brought his concerns to the Commission
concerning the furlough hours. The proposed language allows furloughs but gives the
City Manager authority to exempt certain employees. It was contrary to last year's
discussion. Another issue was severance pay that would be taken away from
employees covered by the Personnel Policy Manual (PPM) but not those employees
with contracts. The next issue was the layoff language that took seniority out of the
layoff procedures. He understood it was a tactic to get rid of sub-par employees or
problem employees that should be covered in the disciplinary and evaluation
procedures. If the PPM changes are adopted, the layoff language would encourage the
layoff of top paid employees. It is a fiscal problem. There could be more legal
complications if law suits are filed. Mr. Osborne asserted he was a dedicated
employee of many years. Many of his fellow employees had worked so the City had no
issues during storms and disasters. He felt the long-time employees who worked under
the PPM should have the same respect that is shown to the citizens. Mr. Osborne
urged the Commission to review the PPM closely before it is approved.
No one else came forward.
Mayor Rodriguez confirmed the furloughs could not be done without Commission
approval and Ms. Goebelt agreed. It did give the City Manager the ability to exempt
employees based on concurrence with the Commission. The intent of the policy was an
opportunity to furlough, but it would have to be discussed and approved by the
Commission. Commissioner Holzman did not understand why the option was even
given if it had to be approved by the Commission anyway. Ms. Goebelt indicated
Attorney Cherof had reviewed and approved the language. Other cities also had similar
language. According to the language, it would appear the City Manager would be given
the authority to exempt certain employees. Commissioners Holzman and Ross were
not in favor of the exemption. Vice Mayor Orlove cautioned the entire language had to
be considered that restricted the authority to certain conditions. Ms. Goebelt referenced
Declarations of Emergency would be an example that exemptions would be allowed.
Mayor Rodriguez suggested the matter be tabled until Attorney Cherof and the City
Manager were present.
For clarification, Ms. Goebelt indicated the severance language had not been changed.
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April 27, 2011
Motion
Commissioner Holzman moved to table to the next meeting. Commissioner Ross
seconded the motion. The motion passed.
14. FUTURE AGENDA ITEMS
A. Report and recommendation on Old High School Feasibility Study by REG
Architects and Staff - 5/3/11
B. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11
C. Follow-up on salaries and expense accounts for City Commissioners - 5/3/11.
D. Naming opportunities for the Congress Avenue Barrier Free Park - 5/3/11
E. Discussion regarding Economic Development, incentives and allocation of
funding for the City of Boynton Beach - 5/17/11
F. Staff report in response to Code of Ordinance restrictions for vehicle size in
residential districts - 5/17/11
G. Follow-up on Downtown Redevelopment Workshop - 5/17/11.
H. Discussion of a proposed committee to be assigned to explore a Green Market
for the City of Boynton Beach in 2011 - TBD
I. Continued discussion on development of Dog Park - 7/19/11
15. ADJOURNMENT
There being no further matters to come before the Commission, Mayor Rodriguez
properly adjourned the meeting at 9:02 p.m.
(Continued on next page)
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Regular City Commission
Boynton Beach, FL
April 27, 2011
ATIEST:
Ja t M. Prainito, MMC
Ity Clerk
CITY OF BOYNTON BEACH
~
'Steven Holzm mmlSSIO r
-~Ld--
Marlene Ross, CommfSsioner
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