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Minutes 05-03-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, MAY 3, 2011 PRESENT: Jose Rodriguez, Mayor William Orlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Rodriguez called the meeting to order at 6:32 p.m. and welcomed everyone. Commissioner Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Holzman. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Items 6.A and 6.C and added under New Business a discussion of the funds for advertising paid to COWBRA for the 30th Anniversary dinner. Commissioner Ross pulled Item 6.B. Mayor Rodriguez added under Unfinished Business a discussion on the Charter Review Committee and under New Business a discussion on the Boynton Beach Woman's Club. 2. Adoption Motion Commissioner Hay moved to approve the agenda. Vice Mayor Orlove seconded the motion. The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Commissioner Ross advised she would be a speaker at the South Florida Mental Health Coalition luncheon in Boca Raton on May 5th with the theme, Breaking the Silence of Mental Health. Vice Mayor Orlove announced the Sand Sifters would be at Oceanfront Park on Saturday, May yth for the regular cleanup session commencing at 8 a.m. to 10 a.m. Mayor Rodriguez announced he was the Honorary Chair for the Relay for Life for the American Cancer Society at the YMCA, raising $20,000 during the event. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim May 15th - May 21 st, 2011 as National Public Works Week. Accepting the proclamation is Jeff Livergood, Director of Public Works and Engineering Mayor Rodriguez read the Proclamation for National Public Works Week, May 15 - 21, 2011 and thanked the Public Works department for their hard work and efforts on a daily basis. Jeff Livergood, Director of Public Works and Engineering, commented Public Works included design and construction of the streets, traffic control system, water and sewer systems and facilities maintenance. B. Proclaim Mayas Haitian Heritage Month. The proclamation will be accepted by Chairman Bito David, Vice Chairman, Major Bernadel and Secretary, Dr. Aurora Francois of the Executive Committee for Haitian Heritage Month The Proclamation was read by Mayor Rodriguez and presented to Bito David. He thanked the Commission and City for the recognition of the Haitian peoples in the community. It was a sign of respect for 40 years of Haitian presence in the City of Boynton Beach. There would be a month-long celebration including a flag raising ceremony on May 18th here at City Hall and many other events. C. Proclaim Mayas National Mental Health Month. Accepting proclamation is Ms. Gerda Klein of the Boynton Beach Mental Health Initiative (BBMHI). May was proclaimed National Mental Health Month and the Proclamation was read by Mayor Rodriguez and presented to Ms. Klein of the Boynton Beach Mental Health Initiative. Ms. Klein thanked the City for the recognition of their efforts and announced the State had passed legislation to fully fund adult substance abuse and mental health services. She outlined the many projects undertaken by the organization to improve awareness of mental health issues and information including programs to be held in conjunction with the Palm Beach School District relating to methods of early intervention. Ms. Klein thanked Commissioner Ross for her continued support of the initiatives. 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 D. Announce the Movies on the Ave film for May 6,2011. Kathy Biscuiti, Special Events Director, indicated the last movie in the series would be held on May 6th with the showing of the movie, Secretariat, at the Amphitheater from 8 p.m. to 10 p.m. Snack and drink vendors would be on site and no pets were allowed. E. Announce the Ocean Avenue Concert for May 20, 2011. Also, Ms. Biscuiti, anounced the last concert for the season would be held on May 20th featuring The Ocoee River Band, to be held on Ocean Avenue from 6 p.m. to 9 p.m. with several food vendors available. Ms. Biscuiti also mentioned there would be a July 4th celebration this year. F. Proclaim Thursday, May 5, 2011 as the National Day of Prayer. Proclamation will be accepted by the City of Boynton Beach Fire Department Pastor Chuck Brannon. Mayor Rodriguez recognized May 5th as National Day of Prayer and read the Proclamation. It was presented to Pastor Chuck Brannon, Chaplain for the Boynton Beach Fire Department, who commented prayer was a great power to win victories at all levels. G. Update on progress of the Greater Boynton Beach Foundation Lori LaVerriere, Assistant City Manager, gave a quick overview of the progress of the Greater Boynton Beach Foundation and introduced Charlotte Pelton, President of Pelton Associates, the consulting firm hired to coordinate the establishment of the Foundation and move it forward. The initial goal was to solicit $500,000 for the Congress Avenue Barrier Free Park project. Ms. Pelton advised the work had begun last summer to establish the Foundation as a legal entity and now focused on a campaign for the Barrier Free Park. The first step was the creation of the organization and prepare for its operation. The officers and directors were chosen and they had their first Board meeting in August 2010. The IRS granted the non-profit status and all the licenses were now in place. The processes and procedures were being developed in preparation for the acceptance of funding including accounting software to manage the organization. A comprehensive list of possible donors was being compiled to develop relationships for future projects. Several committees have been established to attract leaders within the community to enhance the success of the Foundation. The marketing materials were distributed as a first step in educating others on the purpose of the Foundation and the professional level of the organization, as well as the 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 first project being undertaken. There is web site created too. The campaign structure is being created to be included in the marketing materials. Recently two donations had been obtained to underwrite the printing cost of the materials and a gift of a piece of playground equipment. The donors are the first members of the Founder's Society that requires a gift of $2,010 or more. Commissioner Holzman requested an anticipated timeline to obtain the goal of $500,000. Ms. Pelton indicated it would depend on the leadership strategies. She was hopeful the Founder's Society would be instrumental in the initial response. There is a great deal of opportunity in Foundations supporting the campaign because of the nature of the project. She estimated twelve months was the objective to reach their goal. Commissioner Holzman questioned if there were enough individuals involved to promote the campaign. Ms. Pelton advised individuals were requested to assist in the campaign before being asked for the monies. The strategy was to focus on engagement and involvement for the long term. Ms. LaVerriere advised the City's contribution was for the cost of the contract with Pelton & Associates for $55,000 this year and $75,000 last year to create the Foundation. Ms. Pelton pledged her continued support and commitment to the project. Commissioner Ross inquired about the representation of the main Board. Ms. Pelton recognized the Board needed strengthening and it was a part of the strategy to enhance that Board. Vice Mayor Orlove recalled a campaign feasibility study had been completed initially to determine the interest in the Foundation and the interest for the Barrier Free Park, the first project. He also noted there was work being done at the Park site. Ms. LaVerriere advised the anticipated opening of the first phase would be April of 2012. Commissioner Hay requested an update on the issue of diversity on the Board. Ms. LaVerriere indicated a matrix had been developed on the characteristics and aspects of the business community including the demographics to be represented. There are currently ten members on the Board. It needs to grow with individuals willing to make a huge commitment of time and effort. Ms. Pelton stressed it was a fundraising organization and individual goals for the Board members had not been set. Commissioner Ross requested a review of the mission statement so it could be clearly understood. Ms. LaVerriere advised it was the advancement of education, recreation and culture. Commissioner Ross read the slogan, "To build a legacy for a better Boynton Beach from the Ocean to the Everglades." Ms. Pelton explained the event held at Hunters Run was for "friend raising" for individuals to learn about the organization and the project. 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 H. Proclaim the week of May 1 st through May 7th, 2011 as Municipal Clerk's Week. Janet Prainito, Master Municipal Clerk for the City of Boynton Beach will be present to accept the Proclamation. The week of May 1 st through May yth was proclaimed Municipal Clerk's week and the Proclamation was presented to Janet Prainito, City Clerk for the City of Boynton Beach. She thanked the Commission for the recognition and thanked the entire staff for their continued efforts and hard work. 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> Brian Edwards, 629 NE 9th Avenue, thanked those who attended the Children's Museum dinner/dance. It was a difficult time for all non-profit organizations and he appreciated the support and partnership with the City. There was recognition of three pioneer families in the area; Weimes, Weaver and Oyer families. He appreciated the work of staff, especially the Executive Director, and thanked those who were able to attend. Floyd Zonenstein, 2620 NE 1st Court, represented the Village Royale on the Green Owners' League, and announced a contract with the Boynton Beach Police Department had been signed, effective June 1, 2011. Willie Aikens, 726 NE 1 st Street, thanked the City and the Commission for their participation in the Heart of Boynton Heritage Fest and Night of Joy events. He expressed concern that cuts may be made to the youth programs Libby Stroud, 132 NE 13th Avenue, thanked the Commission for their support and hoped it would continue. She urged continued support for the PAL (Police Athletic League) program for another year. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Motion Vice Mayor Orlove moved to appoint William Bone to the Cemetery Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Orlove moved to table all other appointments. Commissioner Ross seconded the motion. The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission Budget Workshop meetings held on July 19, 20, 21, 2010 Commissioner Holzman expressed concern the minutes had been delayed. Mr. Bressner advised a report had been provided to the Commission explaining there had been a series staff shortages due to illness within the Clerk's office and frequent meetings of the Financial Advisory Committee delayed these minutes getting done. Commissioner Holzman suggested the minutes of the Commission be given priority and Mayor Rodriguez concurred advising proactive communication was needed. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. B. Accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the six (6) month period ended March 31, 2011. Commissioner Ross sought an update on the changes being made within the Utilities Department and the Finance Department. Barry Atwood, Finance Director, reported there would be a transition phase to work closer with Customer Service and the meter reading group. The official move of the three employees from the Utility Department would not take place until later on in the summer at the earliest. The budget process was the priority at this time. Mr. Bressner added Ms. Conboy would be responsible for the Customer Service Division that would be moving into Finance. She would also be providing assistance with purchasing and administrative activities as well. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 Motion Commissioner Ross moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. C. Award the "TWO YEAR CONTRACT FOR DIESEL / PROPANE GENERATOR AND BY-PASS PUMP MAINTNENANCE AND REPAIR SERVICE", Bid # 027- 2821-11/JMA to Advance Generator Sales and Service, Inc. of Royal Palm Beach, Florida for an estimated amount of $76,500/ annum Commissioner Holzman noted a mandatory site inspection was required for the bid process. Mr. Atwood explained the existing contractor had knowledge of the site and was excused from the mandatory site inspection. Attorney Cherof advised there were no concerns based on the particularities of this bid. The language in the bid also allows the Commission to waive technicalities. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-053 - (1) Approve a contract with Intercounty Engineering, Inc. of Pompano Beach, Florida for the Force Main Replacement for Lift Station No. 102, Bid No. 038-2821-11/CJD in the amount of $224,289.05; and (2) Authorize an additional 10% contingency of $22,428.90, if needed, for staff approval of change orders for unforeseen conditions without further approval by the City Commission provided total contract price plus contingency is not exceeded. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve the Code Compliance Board's reduction of lien in Code Compliance Case 10-1826 as noted in the enclosed Lien Modification Order (City's Exhibit "A") filed January 3,2011 to the administrative costs of $634.12. 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 Motion Commissioner Hay moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Patricia Paterno, representing her mother, Maria Balsamello, came forward after discussion on Items C, D and B. Motion Commissioner Holzman moved to rescind the motion for Item A. Commissioner Ross seconded the motion. The motion passed unanimously. Ms. Paterno advised her address was 7807 Marcus Ridge Lane, Lake Worth, FL and her 83 year-old mother resides with her for seven or eight months each year. The mother had an apartment with a tenant who did not inform her about a Business Tax License being required. She had no knowledge of the license required or lien on the property accruing at $100 a day. Ms. Paterno had been made aware of the issue and immediately paid for the Business License. When the matter was brought before the Board it was agreed the owner had never been notified. The lien had been reduced from $7,000 to $600. The owner is on a very limited income of $800 a month and cannot afford any type of payment. Mayor Rodriguez asked if arrangements had been made with the tenant to keep the owner informed of any actions. Ms. Paterno advised the tenant deposited the rent into the owner's bank account. Messages to the tenant were never answered. The apartment is at Marina Village and relatively new. Ms. Paterno contended no effort was made to locate the owner for the notices. Mayor Rodriguez advised the Property Appraiser was the basis for the information and the official system for determining ownership. Ms. Paterno argued her mother had no knowledge that $100 a day fine was accruing and if she had known she would have taken care of the issue. Vice Mayor Orlove pointed out the current Property Appraiser information indicates the owner of the property is Wells Fargo Bank. Ms. Paterno advised the property had gone into foreclosure. The violation was prior to the Bank taking the property. Mayor Rodriguez advised the lien would attach to the property and Attorney Cherof agreed. Ms. Springer advised the $634.12 lien covers the administrative costs. Motion Commissioner Holzman moved to approve although he understood the situation. 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Mayor Rodriguez established the Bank already owned the condo. Liens are transferred or attached to the property and not the person. Commissioner Holzman reiterated his motion to approve Case 10-1826. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof suggested Ms. Paterno called the City Attorney's office tomorrow and he would discuss with her what had occurred. B. Approve or modify the Code Compliance Board's Lien Modification Order (City's Exhibit "A") in Case 09-3367 filed March 21, 2011 to reduce the fines in this case to an amount of $33,000. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. Carl Sugarman, 17345 S. Dixie Highway, Miami, FL, legal counsel for HSBC, came forward after discussion on Items C and D and advised he had been unable to speak on the appeal he had filed in Case 09-3367. He requested the original motion be withdrawn. Motion Commissioner Ross moved to rescind. Commissioners Holzman and Hay seconded the motion. The motion passed unanimously. Mayor Rodriguez apologized. Mr. Sugarman advised the appeal was from a mitigation hearing with a fine assessed at $33,000. His client was a Bank that filed a foreclosure suit against the property. The grounds for appeal were the lien was defective because adequate notice as provided by law was not given. The Bank had never received notice of any defect on the property and had no opportunity to correct the violations. The documentation shows the address of a law firm in Tampa, Florida with no street address for delivery. The opportunity to correct the violation was not given and a fine was assessed totaling $190,000. The foreclosure was filed April 1, 2009. A notice of violation was sent October 22, 2009 and notice of hearing was sent November 5, 2009 and another notice of hearing sent December 28, 2009. The order imposing the lien was February 9, 2010 and none were received by the Bank. There was a notice to the owner of the property, but it was not Mr. Sugarman's client who was in the middle of foreclosure. Mayor Rodriguez inquired if Mr. Sugarman had notified the City of the foreclosure in a timely manner. Mr. Sugarman advised he was not involved in the foreclosure aspect. Attorney Cherof noted the minutes of February 16, 2011 Code Board lien reduction 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 meeting and there was no reference to the issue of notice. Mr. Sugarman agreed, but argued the notice is apparent on the face of the documents. Attorney Cherof argued if it was not argued before the Code Board the issue cannot come before the Commission. He recommended the matter be tabled because the issue of notice can be defective to the City's position. Given the opportunity it can be reviewed and if necessary correct the issue. Motion Commissioner Holzman moved to table. Commissioner Ross seconded the motion. The motion passed unanimously. Attorney Cherof explained, if upon review sufficient notice was not given, administrative action could be taken to reverse what has occurred. C. Approve or modify the actions of the Code Compliance Board as specified in the Lien Modification Order filed on March 21, 2011 (City's Exhibit "A") for Case 09-3554. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Steve Gallagher, 1816 Bamboo Lane, Delray Beach, appreciated the opportunity to speak and requested a reduction of the fine assessed on the property he owned at 801 South Road in Boynton Beach. At the first hearing before the Board, Mr. Gallagher felt only the numbers were considered rather than the entire situation. The original lien was $50,000 to $60,000 and reduced to $4,800. The Code Enforcement Department had made mistakes relating back to the original lien and the case should have been closed two years ago. A tenant allowed the hedges to get too high and as the property owner, he was unaware of the situation. Notices left by Code Enforcement at the house were ignored by the tenant and never given to Mr. Gallagher. When a certified letter arrived, the tenant advised Mr. Gallagher of the situation. The tax bill goes to the property and Mr. Gallagher had not changed the address with the Tax Collector's office to reflect his home address. As soon as Mr. Gallagher had knowledge of the violation he had phoned the Code Enforcement Officer and was advised how to correct the violations and it was completed the next day. The Officer was advised of the situation and given the correct contact information from Mr. Gallagher. The case was never closed and a lien was placed on the property and accrued for two years. Mr. Gallagher then became aware there was a lien still running on the house for the violations and an additional lien for not having an occupational license to rent the house. He admittedly did not realize a license was required and offered to pay the licensing fee for the preceding ten years. Due to extenuating circumstances, Mr. Gallagher felt the fines imposed were unjustly high. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 The Code Enforcement Officer and staff did not refute Mr. Gallagher's rendition of the facts. He understood there were administrative costs and asked the Commission to reduce the fine that reflects the entire situation and was reasonable based on the facts as he had stated. Mayor Rodriguez noted the entire situation could have been avoided if Mr. Gallagher had updated the information in the Property Appraisal system. As a matter of fact, the owner information remains 801 South Road at this time. The City's obligation is to send the notice to the owner information provided by the Property Appraiser's office. Mr. Gallagher acknowledged he had not changed the information, but indicated he did receive the mail from the property. Vice Mayor Orlove inquired when he had received the certified letter and Mr. Gallagher advised he had never received the certified letter. He was not aware of the date he had knowledge of the violations and the letter. Vice Mayor Orlove asked for his suggestion of a fair and reasonable amount. Mr. Gallagher suggested the back fees for the license and the administrative costs, plus he was willing to make a donation to the City for a total of $1,000 would be sufficient. Michelle Costantino, Chair of the Code Compliance Board, noted there were two cases and the fines were $2,000 on each case, plus administrative costs. The overgrown bushes were a serious situation because it blocked the STOP sign going into the community. She contended it was Mr. Gallagher's responsibility to find out from the City what was required to rent property within the City. Mayor Rodriguez pointed out the lien was reduced from $54,000 to $2,000 plus administrative fees. Diane Springer, Code Compliance Coordinator, advised the lien was $25,384.12 and it was reduced to $2,634.12. The other case was $41,034.12 and reduced to $2,000. The total amount owed would be $4,634.12 from the original amount of approximately $63,000. Commissioner Holzman opined the Board had been more than fair to reduce the fines from $63,000 to $4,000. He understood there were issues, but it was Mr. Gallagher's responsibility to be sure the property was aligned with the Code. Motion Commissioner Holzman moved to approve both lien modifications. Mayor Rodriguez directed the cases be handled individually. Commissioner Holzman moved to approve Case 09-2520 lien modification. Vice Mayor Orlove seconded the motion. The motion passed 3-2. (Commissioners Ross and Hay dissenting) Motion Commissioner Holzman moved to approve lien modification on Case 09-3554. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 There was confusion on the case numbers. Motion Commissioner Holzman moved to withdraw the previous motion. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Motion Commissioner Holzman moved to approve the lien reduction in Case 09-3554. Vice Mayor Orlove seconded the motion. The motion passed 3-2 (Commissioners Ross and Hay dissenting). D. Approve or modify the action taken by the Code Compliance Board at their February 16, 2011 Lien Modification Hearing in Case 09-2520 and stated in the Lien Modification Order filed March 21, 2011 (Exhibit "A"). Ms. Springer advised the overgrowth was the issue. She explained the case called was the license and Mr. Gallagher had spoke about the overgrowth. Mr. Gallagher contended he had spoke on both cases. Vice Mayor Orlove thought the previous motion and discussion related to the overgrowth based on the remarks of Mr. Gallagher and Ms. Costantino. Motion Vice Mayor Orlove moved to withdraw. Commissioner Hay seconded the motion. The motion passed unanimously. Mr. Gallagher wanted to clarify he understood it was his property and he was responsible. He stressed upon gaining knowledge of the problems he had responded immediately to remedy the situations. If Code Enforcement had closed the case when the violations were resolved the current issues would be moot. Ms. Springer clarified Mr. Gallagher had been cited for the overgrowth first and then the license issue was brought in simultaneously. Officer Webb was not present. Ms. Springer agreed Officer Webb had admitted he forgot to close the case. Commissioner Hay felt it was negligence by the City. Ms. Springer advised the fine was certified on February 17, 2010. The compliance date was December 26,2009. Mayor Rodriguez argued the respondent had never corrected the address issue and has still not made the change. Commissioner Holzman stressed the fine was certified in February 2010 and in 2011 the information remained unchanged. The owner of the property had a responsibility to visit the property and ensure compliance and correct the address as the owner. 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Commissioner Ross wanted to table the matter to have the opportunity to hear from Officer Webb. Vice Mayor Orlove agreed with Commissioner Holzman regarding the address situation. He did feel the overgrowth issue was a serious safety concern. Mr. Gallagher noted the intersection was not busy and was practically a driveway. Motion Vice Mayor Orlove moved to approve modification order of Case 09-3554, Item C. Commissioner Holzman seconded the motion. The motion passed 3-2 (Commissioners Hay and Ross dissenting). Motion Commissioner Holzman moved to approve Case 09-2520. Vice Mayor Orlove seconded the motion for discussion. Vice Mayor Orlove clarified the violation involved. The motion passed 4-1 (Commissioner Ross dissenting). Mr. Gallagher asked for an explanation of the action taken. Mayor Rodriguez explained the action by the Code Compliance was approved. Mr. Gallagher argued the incompetence of City employees was not considered. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS A. Discussion of Charter Review Committee members This item was added to the agenda by Mayor Rodriguez. Mayor Rodriguez commented as Mayor and the Commission there was an obligation to address situations as they arise. He alleged a member of the Charter Review Committee should be more carefully scrutinized before taking on the task of reviewing the Charter. According to Mayor 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 Rodriguez, in 2007 the City had the "Pay to Play" scheme as David Katz and then Commissioner Ron Weiland had asked Intown Partners to pay them for their lobbying efforts. It created an FBI investigation with the Chief of Police involved, turning it over to the FBI. In 2009, it continued as the State Attorney's office investigated Mr. Katz again for bribery and money laundering as he accepted money from two competing tow truck companies. In both instances he never registered as a lobbyist for the City of Boynton Beach. It cannot be denied or confirmed that the investigation is still ongoing, but it has been turned over to the FBI. The 2009 instances has testimony involving Mr. Katz telling one of the tow truck companies that nothing happens in Boynton Beach unless it goes through him and he controls the majority of the Board and the Commission. During recent discussions involving the CRA project given to Kaufman Lynn, Mayor Rodriguez knew, for a fact, that one, possibly both of those companies that did not get the contract, were met outside by Mr. Katz and told the only way things happen is if you play golf with him. Nothing has changed since 2007 and Mayor Rodriguez requested the Board reconsider and not include David Katz in the City Charter Review Committee based on the continuing investigations that could still be pending and ongoing. Vice Mayor Orlove indicated he had made the appointment and was surprised because he did not know what any of the allegations had to do with Charter review. His only comment was that Mr. Katz, who had served on the Commission and other boards, could look at the Charter and be a part of the Charter Review Committee. Mayor contended a person with a history of not following the rules of a City ordinance would have a challenge outlining the Charter the City should follow in the future. Motion Vice Mayor Orlove moved to deny consideration of removing any member of the Charter Review Committee. Commissioner Hay seconded the motion. Attorney Cherof advised the motion was not in order. No action would be required unless there is a motion to reconsider that first passes. Vice Mayor Orlove withdrew his motion. Since there was no motion, Mayor Rodriguez addressed the City Manager and questioned why he had not taken action to investigate, as required by the lobbying Ordinance, when the Police Department had been involved in at least two situations. Mr. Bressner would have appreciated prior knowledge of this issue before the meeting, so he could have been prepared to address the issue. Mayor Rodriguez wanted an explanation why Mr. Bressner had not initiated an investigation when the Boynton Beach Police Department had investigated the individual for those specific lobbying issues. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Mr. Bressner advised he did not know how the allegations against Mr. Katz related to the City's Lobbying Ordinance. Mayor Rodriguez asked Mr. Bressner to reconsider and review the Ordinance and how it applies to the function the City Manager is intended to take in these matters. Vice Mayor Orlove inquired if the request of the City Manager related to a specific time period. Mayor Rodriguez pointed out the City Manager had a obligation under the Ordinance approved by the City Commission that says, "If the City Manager is informed of a person engaged in lobbying activities, who has failed to comply with the requirements of this Article, he or she shall conduct an investigation, if deemed necessary under the circumstances." Having the Police Chief conducting criminal investigations for lobbying or not being registered should be a clear indication something should be done. If there are other violations, it is his obligation under the Ordinance. Mr. Bressner did not understand how a State Attorney General investigation can relate to a local lobbying registration Ordinance. Attorney Cherof advised he would review the Ordinance with the City Manager. He further indicated the language indicated did not always constitute a trigger that requires the Manager to do something. First, there has to be an occurrence that rises to the level of a violation of the anti-lobbying provision. Attorney Cherof was not sure the City Manager was always privy to Police Department investigations. 12. NEW BUSINESS A. Review Request to Reduce City Commission Salary and/or Expenses for Fiscal Year 2011-12. Mayor Rodriguez felt the matter would be better reserved for discussion at the Financial Advisory Workshop or the budget hearings. Vice Mayor Orlove did not think the discussion would be lengthy and a decision could be made quickly. The Commission had voted the previous year to deny Commission raises and reduce the expense amounts the same as the departments had been requested to reduce. Since the fiscal outlook was similar to last year, Vice Mayor Orlove felt the same action should be taken this year. Going into the budget hearings, it would demonstrate the Commission's leadership role. Commissioner Ross argued she worked many hours at night and on weekends for the benefit of the City and was paid only a stipend for all the work. She had not received a raise for four years and it was difficult for her to make ends meet. Taking a 6% decrease plus the 3% required for FRS (Florida Retirement System) would be difficult. 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Vice Mayor Orlove understood the financial crisis and noted he worked full time also plus working hard as a Commissioner. Being a Commissioner was not a way to make money and it was incumbent upon the Commission to show the community their commitment to the City. The budget process would be cutting more staff than last year. Mayor Rodriguez thought it was a good discussion, but it should be looked at in the context of the total budget considerations. He contended the Commission was the only department that took a salary cut last year. Commissioner Hay felt the Commission needed to be proactive and noted some people were being laid off and losing their entire salary. He agreed with Vice Mayor Orlove and the reduction. Commissioner Ross disagreed. Commissioner Holzman felt this type of issue is the symbolic, grandstanding gesture that politicians like to make to position themselves for their next election. He wanted to focus on the tough issues that will assist with a $10 million budget deficit to find a real solution to overcome the budget crisis. He could not support this at this time and agreed with the Mayor it should be part of the total budget discussion. Motion Commissioner Holzman moved to deny the request to reduce the City Commission salaries. Commissioner Ross seconded the motion. Vice Mayor Orlove commented, as civic leaders, the Commission should be willing to give an indication of their willingness to assist with alleviating the financial crisis and it was not grandstanding at all. Commissioner Hay remarked he was termed-out and not running for re-election, so it would not apply in this instance. Brian Edwards, 629 NE 9th Avenue, recalled he had supported the Blue and White Collar Unions and understood the Commission had not taken pay increases. It is commendable it has been considered and is a sign of good faith. First, it was premature until the entire budget was presented with all the facts. The Commission should be paid a decent salary. Second, not everybody is independently wealthy and can be elected and hold office without the stipend. He agreed the salary was not the reason to run for office. In his opinion, it was premature to set a number without all the facts and figures. Commissioner Hay pointed out the last salary reduction was not a flat rate. The motion passed 3-2 (Vice Mayor Orlove and Commissioner Hay dissenting). 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 B. Discussion on advertising paid to COWBRA (Coalition of West Boynton Residents Association) for 30th Anniversary Dinner Commissioner Holzman had added the item to the agenda. The City had paid $350 to COWBRA for advertising in their pamphlet. Many organizations in the City have been refused funds. Going forward, he thought it be important that the Commission direct the City Manager to focus the attention to organizations within the City that help the citizens in the City. Mayor Rodriguez felt it was a good point that requests from organizations within the City have been denied while these funds are for an organization outside the City that has very little interaction with the City. In light of the layoffs happening within the City, Mayor Rodriguez supported not giving dollars to organizations outside the City limits. Commissioner Ross was unclear on the use of the monies requested. She was liaison for the City with COWBRA and questioned why that was necessary. The citizens of western Boynton come into the City and patronize the businesses and spend money within the City. Mr. Lassiter, President of COWBRA, comes to many of the City Commission meetings. Commissioner Holzman felt it was important to have a liaison and conversations, but giving funds to an organization that is not for citizens of our City was another issue. Mr. Bressner advised the monies had been paid and it was authorized because COWBRA has a longstanding relationship with the City and works with the City on a variety of land use issues and Mr. Lassiter is on the Foundation board. It has been a relationship that has existed for many years and the City has done outreach to have them participate in our events and contribute to the City. Mr. Bressner was preparing a proclamation commemorating their 30th anniversary and hoped it would still be appropriate. Commissioner Ross thought the proclamation would be most appropriate. Mayor Rodriguez agreed the proclamation was appropriate and suggested any ticket purchases should be done individually. Vice Mayor Orlove pointed out the invitations said complimentary. He agreed with the City Manager and Commissioner Ross that the relationship should be preserved. Commissioner Hay agreed the amount of goodwill was worth the $350. C. Discussion on the Boynton Beach Woman's Club. Mayor Rodriguez had a discussion with Patty Owens, the current President of the organization and the prior President of the Club. They are in a position to sell the Boynton Beach Woman's Club. They feel if the City would take over the historic building, they would convey it to the City at no cost as long as they would be able to use the facility on occasion for their Woman's Club activities. Mayor Rodriguez proposed the City Manager do a due diligence on the building and with that information the Commission would make a decision. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 Vice Mayor Orlove agreed with the suggestion and noted the building did need a significant amount of work and that cost, plus the annual maintenance, should be determined. Mr. Bressner advised the analysis had been done six years ago and would have to be updated. However, the Commission had previously determined it was not interested in pursuing a change in ownership. Mayor Rodriguez declared there was consensus to have staff review the matter and report to the Commission on the findings. 13. LEGAL A. PROPOSED ORDINANCE NO. 11-008 - SECOND 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. (TO BE CONSIDERED ON MAY 17, 2011) B. 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 - TABLED ON 4/27/11 Motion Commissioner Ross moved to remove the item from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 11-015 by title only on second reading. Commissioner Holzman recalled there were several questions raised on first reading. Attorney Cherof spoke on the change in furlough language. It provided that the policy to determine if there is a furlough is reserved to the City Commission. The limitation is for the City Manager to be able to exempt certain employees from the furlough provided the exemptions do not diminish the fiscal savings established by the City Commission. It allows the Manager, on an administrative basis, to deal with the need to have an employee present, otherwise scheduled for furlough, in the event of an emergency or catastrophic event. Attorney Cherof suggested the language could include, "the City Manager in consultation with the City Commission may exempt certain employees from furlough". Mr. Bressner suggested the wording, "in conjunction with a declared emergency" be added. Commissioner Holzman agreed. Attorney Cherof noted inclusion of the language in the PPM would not establish a furlough. The Commission had to take 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 3, 2011 specific action at a public meeting. It would be an amendment and not a substantive change to the title of the Ordinance. Motion Commissioner Holzman moved to approve the PPM as amended. Commissioner Hay seconded the motion. Mike Osborn, 3712 Coelebs Avenue, pointed out there was an emergency Ordinance, 05-036 and language in the APM policy 01.02.07 that would override the PPM during an emergency situation. Mr. Bressner interjected it was a Resolution. Another issue was the layoffs and taking away seniority. Management had explained the change was to allow the City Manager to get rid of sub-par and problem employees first. If the procedures relating to discipline and evaluations were followed, getting rid of sub-par employees would be unnecessary. If the language was being used as a way to get rid of senior employees, Mr. Osborn questioned if it would be worth the cost of resulting legal actions that would be taken. Remarks had been made about benchmarking and strategic planning and Mr. Osborn questioned if the change to the PPM was based on those criteria or a whim for management to bypass the authority of the Commission. Mr. Osborn reiterated he grew up in the City and worked for the City over 23 years and the proposed language relating to seniority was a slap in the face. Upper management had contracts with extras to bring in more qualified people. Qualified people are already employed by the City and would be willing to step up, but the proposed language prohibits that possibility. He urged the Commission to leave the seniority the way it is. Attorney Cherof explained the layoff provision was viewed with the issues raised in other municipalities and layoffs over the last several years. It was determined that seniority was a hindrance to the future performance of the organization. The focus should be which individuals, if retained, provide the best service to the public. It may be contrary to the concept of seniority. Commissioner Hay asked if it was a new trend to eliminate seniority. Attorney Cherof did feel it was a trend reflecting the downsizing of local government and the need to make sure those that remain are the most competent and qualified to perform the work. It can be a reflection of seniority, but not always. The trend in collective bargaining has been to diminish the value of seniority in favor of competence and performance. Vote City Clerk Prainito called the role. The vote was 5-0. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 14. FUTURE AGENDA ITEMS A. Discussion regarding Economic Development, incentives and allocation of funding for the City of Boynton Beach - 5/17/11 B. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 5/17/11 C. Staff report in response to Code of Ordinance restrictions for vehicle size in residential districts - 5/17/11 D. Follow-up on Downtown Redevelopment Workshop - 5/17/11. E. Naming opportunities for the Congress Avenue Barrier Free Park - 5/17/11 F. Report on the renaming requests for the Boynton Beach Child Care Center, Boat Club Park, Jaycee Park and Veteran's Park - 6/7/11 G. Continued discussion on development of Dog Park - 7/19/11 H. Two-year contract for general consulting and engineering services for the City of Boynton Beach - TBD I. 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 matters to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 8:49 p.m. (Continued on next page) 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 3,2011 ATTEST: 'In. p~ cm OF BOYNTON BEACH 21