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Minutes 06-21-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JUNE 21, 2011 PRESENT: Jose Rodriguez, Mayor Lori LaVerriere, Acting City Manager William Orlove, Vice Mayor James Cherof, City Attorney Woodrow Hay, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation - Commissioner Hay C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove Mayor Rodriguez called the meeting to order at 5:03 p.m. Commissioner Hay offered the invocation and Vice Mayor Orlove led the Pledge of Allegiance. WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, Palm Beach county Circuit Court, Case No. 502010 CA 029319 XXXX MB BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH, DefendantlCounter-PlaintifflThird-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant, Case No. 50 2008 CA 030196 XXXX MB(AB) LISA BRIGHT, Plaintiff vs. CITY OF BOYNTON BEACH, AND JOSE RODRIGUEZ, Mayor of the City of Boynton Beach, Defendant - Palm Beach county Circuit Court, Case No. 502010 CA 017387 XXXX MB AF Mayor Rodriguez announced the Commission would be going into a closed door session. Attorney Cherof explained the closed door session process and advised discussions would be for a private Attorney/Client session on three current lawsuits; Westway Towing vs. the City of Boynton Beach. In attendance in that closed door session would be the members of the City Commission, the City Manager, the City Attorney and Assistant City Attorney Michael Cirullo. The second case would be Boynton Beach Mausoleum, Inc. vs. the City of Boynton Beach. In attendance would be the members of the City Commission, the City Manager, the City Attorney and Assistant City Attorney Kerry Ezro!. The final case would be Lisa Bright vs. the City of Boynton Beach. In attendance would be the members of the City Commission, the City Manager and the City Attorney. If any of the cases had been resolved in some manner, there Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 would be a required motion during the regular City Commission meeting to present it in public view. Commissioner Holzman was not present for the Executive closed door session. Motion Commissioner Ross moved to recess at 5:05 p.m. Vice Mayor Orlove seconded the motion. The motion passed unanimously. Mayor Rodriguez asked for a motion to reconvene 6:37 p.m. Motion Commissioner Ross moved to reconvene. The motion was seconded by Commissioner Holzman and passed unanimously. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Items 6. A, C, D and E. Attorney Cherof requested Item 13. D and E be added, discussion regarding settlement of Westway Towing, Inc. vs. the City of Boynton Beach and Lisa Bright vs. the City of Boynton Beach. Attorney Cherof advised there had been a request to move up the matter regarding Gulf Stream, Item 13. B, to the first item under Unfinished Business, AO. 2. Adoption Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. The motion passed unanimously and the agenda was adopted. 2. OTHER A Informational Items by Members of the City Commission Commissioner Hay announced he had attended the historical moving of the Ruth Jones Cottage from its old location to the new location and was very excited that this took place. He had the opportunity to speak to one of the young ladies that grew up in the house, Emily Jones Little. He also attended the COBWRA (Coalition of Boynton West Residential Associations) Annual Gala Luncheon at Indian Springs County Club which 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 was very well attended. Commissioner Hay advised The League of Cities of Palm Beach County now has a new President, Lisa Tropepe who was replacing Isaac Robinson. There also was a new Board of Directors installed at the Annual Gala Luncheon. The League of Cities also had a new Executive Director, Richard Radcliffe, replacing Jamie Titcomb. The Board of Director's Meeting, as well as the General Meeting, will be held Wednesday, June 22, 2011. One of the items on the agenda was the Resolution opposing the closing of the Glades Correctional Institute and he was one of the Board members voting on that matter. Vice Mayor Orlove had also attended the COBWRA luncheon and attended the Chamber of Commerce luncheon. A great deal of information on hurricane season was received. Steve Lewis was in attendance and spoke about the importance of being ready for the season. He advised new art had been installed on Seacrest Boulevard thanks to local artists, the Arts Commission and the CRA. Commissioner Ross also attended the COBWRA luncheon for their 30th anniversary celebration. As the Education Liaison on the Commission to the School Board, she learned there was a situation involving Park Vista High School. Some of the students from our City who attend indicated there were some allegations about certain girls not being selected for the cheerleading squad. She wanted to bring to the public's attention that the School Board member that was directly involved with Park Vista High School was Karen Brill, and she advised she will be talking with her and wanted to let everyone know if they had concerns to talk to Ms. Brill. She also attended the hurricane expo at the Boynton Beach Mall. The City was represented well. Commissioner Ross advised Mayor Rodriguez that the U.S. Conference of Mayors passed a historic Resolution, the first since the Vietnam War, to bring the war dollars home to the U.S. and within reason stop the war in Iraq and Afghanistan. Some Mayors did not agree, but enough supported it and she wanted to bring it to the public's attention. Mayor Rodriguez advised he attended the COBWRA luncheon and had the privilege of presenting a proclamation to them and is very proud of them. The South Lake Worth Inlet Pump House was redone. The sand would also be restored. Mayor Rodriguez mentioned he was present at the Ruth Jones Cottage move and it was amazing to watch. He was excited about how the downtown area was progressing and looks forward to the coming years. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of July 4th Salute to Independence Kathy Buscuitti, Special Events Director announced the July 4th celebration was upcoming. It would take place at Intracoastal Park beginning at 6:30 p.m. with a band and a patriotic salute. At 9:00 p.m., there would be a spectacular fireworks display over the water. Seating was limited and food and drink vendors would be on site. Additional 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 parking would be available at the Bank of America, with a shuttle available to take people back and forth to their cars. B. Presentation by Florida Representatives Jeff Clemens District 89 and Lori Berman District 86 to provide an update from the recent legislative session. Jeff Clemons, District 89, House of Representatives, advised he represented 11 municipalities. Rep. Clemons advised a $69.7 billion budget was passed that was later reduced, through some gubernatorial vetoes, to $69.1 billion. The budget was cut by $1 billion which included a $1.1 billion cut to public education. All employees on the FRS system, including School Board employees, are to take a 3% salary cut which would be returned to the pension fund and that money would be used to balance the State budget. In addition to having moved the FRS bill through, there were some bills related to the 175 and 185 plans. With the FRS bill, every FRS employee would have their salaries reduced by the 3%. On the 175 and 185 plans, the bill that began in the House and the Senate came out drastically different and a lot of the provisions were gutted from that bill. What remained included a limit on using up to 300 hours of overtime in calculating retirement benefits and other areas of compensation would not be allowed. This could mean a significant cut to some. Also passed was a bill related to severance. There was a debate in the State whether "home rule" should be overruled and tell the municipalities whether or not a limit should be put on severance. The bill that came forward put a six week limit on severance pay. Many municipal government officials banded together, a coalition of Republicans and Democrats, to change that and the end result was a bill that limited severance to 20 weeks. Rep. Clemons also advised an elections bill was passed that made it harder for third party registration groups to register voters. The League of Women Voters had stated they would no longer register voters in the State should this law stand. The bill also provided a rule that would not allow a voter to change an address on voting day and still vote a regular ballot. The voter would be switched to a provisional ballot. He advised in the last two elections, approximately 120,000-130,000 had voted by changing their address on Election Day. He further advised he had passed a bill that provides for an Inspector General in Palm Beach County. This bill protects the sanctity of investigations so they do not become public until the investigations are completed. Lori Berman, State Representative, District 86, advised one good piece of legislation this session was the pill mill bill. South Palm Beach County and Broward County are very well known as the pill mill capital of the United States. Although the Governor originally wished to rescind the pill mill database, after much debate, he switched his position and the bill was adopted. This would require pain clinics to register and receive a license from the Department of Health. This should reduce pill mill operational capacities and provide law enforcement with additional tools so that the pain pill epidemic could be battled. It also required distributors to report data to the Department of Health and refuse to distribute to persons with criminal backgrounds. 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Rep. Berman advised another bill was the red light camera bill. There was a serious discussion and debate whether to continue the red light camera law. The House voted to rescind it, but the Senate did not. As a result, the law stands. The most significant piece of legislation passed was the growth management bill. The laws were dramatically changed which had been in place for 25 years. Some of the changes were warranted such as the Alternative Review Process, which should streamline the current process. There was a very serious concern with this law, as it basically took away much of the State regulation. This law was very much a home rule law so municipalities are no longer limited to revising Comp Plans to twice a year. Tthey can be revised at any time. The EAR report would no longer be required. Although it gives flexibility, the main concern was there no longer was the State oversight to intervene should someone choose to do something that would negatively impact a neighbor's property. Some definitions about urban sprawl are concerning but the most dangerous part of the law was that concurrency is no longer required for schools, parks, or transportation and now was totally optional. The law was over 300 pages and it would be interesting to see how it would be implemented. Rep. Berman further advised that another part of the law, which was conflictive with the home rule law was preempted power. One of the preemption laws prohibited local governments from enacting or causing to be enacted regulations that impinge upon legislator's exclusive occupation in the field of firearms. Laws would no longer be allowed to be adopted regarding firearms or ammunition. Also adopted was a bill prohibiting local governments from requiring convenience stores and other businesses to install security cameras. Legislation also prohibited local governments from holding referendums to approve local growth decisions which was Amendment 4 on the ballot. Amendment 4 was originally from a St. Petersburg Ordinance. This law states that a local government cannot have a growth restriction Ordinance. Also, local governments are preempted from regulating the sale of fertilizer, unless it was done before July 1 st. Rep. Berman also stated one bill she passed was the Lake Worth Drainage District Local bill which allows Lake Worth Drainage District to have the power to issue bonds. The District wants to issue bonds, build a huge reservoir in Western Palm Beach County, enter into interlocal agreements with cities such as Boynton Beach and use the Lake Worth canals to transport the water from the reservoir to the cities as potable water. The City could then sell the water. Commissioner Hay inquired of Rep. Clemons whether there were challenges to the FRS 3% salary reduction and if he had any comments on that issue as he did not feel that was agreed upon at the time of employment. Rep. Clemons advised that Florida was a Right-to-Work state, but there are still collective bargaining rules that come into play. This was not something that was collectively bargained; it was imposed. It was noted during this debate that it was unfair to take pay cuts and not get raises for four or five 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 years and then ask to be more like the private sector when the pay was nothing like the private sector. That was the argument in Tallahassee and he felt there would be a good case to determine whether it was legal or not. Vice Mayor Orlove inquired what the status of the legislative redistricting was. Rep. Berman stated at the present time, there were redistricting committees that had been appointed and were travelling around the State conducting hearings. August 16, 2011 at 10:00 a.m. in Boca Raton, there would be the one redistricting hearing that would take place in Palm Beach County. There are redistricting amendments that state districts need to draw according to City lines, County lines, and need to be compact. It was hoped the redistricting would be done in accordance with Amendments 5 and 6. Commissioner Ross stated she would look forward to any information coming forth on the pill mill bill. Mayor Rodriquez thanked the Representatives for the information and updates and looked forward to further updates in the future. C. Presentation of Citation for Capt. Gregory Youngberg for his valor, bravery and patriotism in the face of extreme danger. His parents Scott and Sophia Youngberg will be accepting the Citation on behalf of their son. Mayor Rodriquez read the Citation for Capt. Gregory Youngberg and presented it in his honor to his father, Scott Youngberg. Mr. Youngberg received a standing ovation and was thankful and honored to accept the Citation on behalf of his son. D. Presentation of the Constitutional Tax Collector's Office "License to Drive" campaign. Presentation by Anne M. Gannon, Constitutional Tax Collector. Anne Gannon, Constitutional Tax Collector, advised of the new requirements for obtaining or renewing a driver license and becoming REAL ID compliant. Two years ago, the Florida Legislature mandated that Tax Collectors in the State of Florida become the licensing agents for driver licenses. Six months prior to that, the United States Congress implemented the REAL ID Act. That Act required every citizen in the Country to become REAL ID compliant, proving one's identity. A list of documents would be required the next time a license is renewed. Those under the age of 50 would be required to be compliant by 2014 and those over the age of 50, would be required to become compliant by 2017. She advised of the documents required to become REAL ID compliant and the additional documents required if a name was legally changed. All documents must be original or certified. When a license is REAL 10 compliant, a yellow star would appear in the upper right hand corner. The Legislature and Congress mandated these requirements but provided no money for its implementation. The public was being made aware of these mandates by many successful public education campaigns. Ms. Gannon further advised that if a person 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 does not become ID compliant by the required time, that person would no longer be able to board a commercial airline or enter a federal building. E. Announce FY 2011-2012 Budget Workshop Dates of July 11, 12, and 13, 2011. Mayor Rodriguez announced the dates for the Budget Workshops, which would be open to the public. The dates are July 11-13, 2011. The session times would be Monday, July 11th, from 1 :00 p.m. to 8:00 p.m.; Tuesday, July 12th from 1 :00 p.m. to 5:00 p.m.; Wednesday, July 13th from 9:00 a.m. to 5:00 p.m. All sessions are held in the Library Program Room. Mayor Rodriguez stressed the importance of public input as the City faced some challenging budget decisions. 4. PUBLIC AUDIENCE Allison Sullivan, 643 NE 8th Avenue, recited an email which discussed her neighborhood, The Mangrove Walk area, and issues experienced there with drug dealing, prostitution and break-ins. She advised a plan was developed by the residents that would deter crime, maintain or raise property values and create a higher end waterfront neighborhood. She advised she discussed these issues with Commissioner Hay and he had coordinated a meeting with the City Manager. Mayor Rodriguez thanked Ms. Sullivan for bringing the issue forward and was glad Commissioner Hay was involved in bringing a meeting together. Elizabeth Robinson advised a couple of weeks ago, she had asked for support and recognition for National HIV/AIDS Testing Day on June 2ih. She understood from the City Manager there would be a proclamation announcing that day at this Commission meeting. Mayor Rodriguez advised it was not on the agenda for the meeting. He advised he would follow up with the Clerk's Office and attempt to add it as an agenda item for the next meeting. She further advised they had invited the Mayor and Commission, through the City Manager's Office, to the first AIDS Awareness National HIV Testing Day activity to be held at the Sims Center on Saturday, June 25th. Wade King, 235 NW 10th Avenue, advised at the last Commission meeting the renaming of the Boynton Beach Child Care Center after Lena Rahming was tabled. Mayor Rodriguez advised Mr. King the item was on the agenda for discussion at this meeting, although he believed there was a request from the Attorney to table it again. Mr. King continued and advised that his understanding was that if he came forth with documentation proving Ms. Rahming's legal name, that the renaming would move forward. He brought documents with him and asked they be distributed to the Commission members. He also presented a plaque from the Boynton Beach Child Care Center for the City Manager and read it to the audience and the Commission. Acting City Manager LaVerriere accepted the plaque on behalf of Mr. Bressner. 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Barbara Ready, 329 SW 13th Avenue, stated she was a private citizen volunteering on several City committees. She was not paid for any of the things she did. As an unpaid volunteer citizen, she was not bound by the legal requirements that were supposed to bind the ones that got paid to lobby, as well as those who had attempted to extort money to lobby. Ms. Ready expressed her right to speak to elected officials on any topic of choice and stated her displeasure over unsavory ex-politicians who think they are above the law. John McGovern, 2620 Spiceberry Lane, stated the Greater Boynton Beach Foundation campaigned with new marketing materials which turned out extremely nice. He advised he would be trying to meet with the Mayor and each of the Commission members within the next month to explore the business. He advised he received an email from someone of "historical significance" who knew someone in Boynton Beach that wished to make a large donation to the Park. He wanted to share his principle on ethics training, which was the norm for all persons serving a public purpose and stated that high ethical standards for those that serve the public were part of a new way of doing business. After reciting a portion of a letter he wrote to the community, he requested suspension of the work of the Charter Review Committee until a mission of the Charter Review Committee is clearly defined, ensure that all members of the review committee have ethical training, and insist that standards are maintained by all members. In his opinion, Mr. Katz was out of compliance on two of the requirements he mentioned. Mayor Rodriquez closed Public Audience. 5. ADMINISTRATIVE A. Appoint a voting delegate to the Florida League of Cities' Annual Conference from August 11-13, 2011 Mayor Rodriguez appointed Commissioner Hay as the voting delegate to the Florida League of Cities' Annual Conference. Motion Commissioner Ross moved to appoint Commissioner Hay as the delegate to the Florida League of Cities' Annual Conference. The motion was seconded by Vice Mayor Orlove and was passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Motion Commissioner Ross moved to appoint William Combes as a regular member of the Arts Commission and was seconded by Vice Mayor Orlove. The motion was passed unanimously. Vice Mayor Orlove advised he had an appointment on the Financial Advisory Committee but believed the two members that were seeking reappointment, Mr. Madigan and Ms. Paploma, were asking to be reappointed and did not want to reappoint them in an alternate position, but rather as regular members. He requested to table his appointment. Motion Commissioner Hay recommended and moved to appoint David Madigan to the Financial Advisory Committee. Vice Mayor Orlove seconded the motion that passed unanimously. Motion Commissioner Holzman moved to appoint Merline Pamplona to the Financial Advisory Committee. Commissioner Hay seconded the motion that passed unanimously. Motion Commissioner Ross moved to table the remainder of the appointments. Commissioner Holzman seconded the motion that passed unanimously. 6. CONSENT AGENDA A. PROPOSED RESOLUTION NO. R-11-065 - Approve Addendum to Contract with Willis of Florida for the one year renewal period as stated in the original RFP and to reduce the annual compensation for the renewal period by 10% to an annual amount of $86,400.00 for the FY 2011/12. Commissioner Holzman inquired regarding the contract and whether there was an RFP initiated to determine whether or not there were any other vendors who would provide the service at a lower cost. Sharyn Goebelt, Human Resources Director, advised there was a three-year agreement and selected Willis via an RFP previously. They had offered to extend one additional year with a 10% reduction and they did that because they realized the seriousness of the City's financial situation. She added they had done a phenomenal 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 job for the City. Last year when changing from Blue Cross to Cigna, there was over $1 million saved. Commissioner Holzman inquired again of Ms. Goebelt whether there was an RFP issued and if not, why? Ms. Goebelt reiterated what was explained in that three years ago, Willis was the lowest bidder and they had done an outstanding job, was available 24/7 and was willing to reduce their rate by 10%. The decision was made as a team and with the turnover coming up, felt it was a good decision. There was continued discussion on why there was not an RFP issued. Acting City Manager LaVerriere mentioned there was a clause in the contract that provided the option of a one year extension. Ms. LaVerriere stated the RFP process was lengthy and due in part to Ms. Goebelt leaving and shortage of staff in other areas, this was the best decision. Next year, there would be an RFP issued. Ms. Goebelt advised that an RFP was issued for the dental contract. Mayor Rodriguez reiterated the points made in the decision process. He confirmed that the one year clause option was exercised because of their reduction and performance. Had some of their negotiations not resulted in reduced costs, an RFP would have been sought. Motion Commissioner Hay moved to approve the addendum to the contract with Willis of Florida and was seconded by Commission Ross. The motion passed unanimously. B. PROPOSED RESOLUTION NO. R-11-066 - Approve a contract with the Department of Geosciences at Florida Atlantic University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach, RFP #052-2410-11/CJD in the amount of $27,000. C. PROPOSED RESOLUTION NO. R-11-067 - Approve a two (2) year contract with the United States Service Industries of Fort Myers, Florida for the Utilities Department Two Year Janitorial Services Contract, Bid No. 037-2821-11/CJD for an annual amount of $26,244.00. Commissioner Holzman stated he knew the City dealt with janitorial services as a whole and he inquired why Utilities was kept separate from everyone else. He felt it would be in the best interest of the City to contract janitorial services as one. Kofi Boateng, Utilities Director, advised that was the plan for the future. A few months ago, there was an attempt to consolidate the two contracts. However, the basis on which the contracts were bid were not the same. Working together with the Finance Department and Public Works, it was decided it would be most prudent to keep it separate in order to ensure the City would be protected. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Mayor Rodriguez inquired if it was being timed with other contracts so the bid could go out simultaneously and Mr. Boateng indicated that was the case. Although the contract would go out to bid in two years, the terms of the contract would allow termination without cause. Mayor Rodriguez inquired how the janitorial services differ from other organizations. Jeff Livergood, Director, Public Works and Engineering, stated one contract was cancelled and awarded to a second low bidder. He advised they tried to incorporate the Utilities contract over the last four or five months into the existing one. It was not simple as the services needed by Utilities included a lot of lab work. Some areas and services required were not originally contemplated in the scope of Public Works services. He advised the way Utilities was moving forward, they were coming up with some excellent pricing which would allow the General Custodial Contract to garner pricing to include Utilities with the exact scope of services needed in their facility. A new contract would be in place in October, 2013. Motion Vice Mayor Orlove moved to approve the contract with United States Service Industries and was seconded by Commissioner Hay. The motion passed unanimously. D. Approve the award to Garland/DBS, Inc. to re-roof the Art Center utilizing the pricing based on US Communities Contract Master Agreement No. 09- 5408, adjusted for market pricing in South Florida in Proposal #US-FL-2011- 052 for the amount of $79,935 and approve a 10% contingency of $7,994 for a total authorization amount of $87,929. Commissioner Holzman expressed concern of the amount associated with the reroofing. Jeff Livergood, Director, Public Works and Engineering stated there was no bid but rather a piggy back. He advised roofing systems could be very complex and oftentimes require emergency services. The staff sought pricing through the U.S. Communities Pricing and it had been used very successfully. What was being done now was the pricing received was being applied through the competitive process that U.S. Communities used to a much larger project. This was the same company that performed the work on the high school. The price included removing the existing roof, protecting it, attaching new insulation, and putting a new membrane back on. The roof was over 20 years old and was budgeted in the Capital Improvements Project budget. 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Motion Commissioner Holzman moved to approve the contract to Garland/DBS, Inc. to re-roof the Arts Center and was seconded by Commissioner Hay. The motion passed unanimously. E. Accept the written report to the Commission for purchases over $10,000 for the month of May 2011. Commissioner Holzman, having reviewed the item independently, asked for approval. Motion Vice Mayor Orlove moved to accept the written report and was seconded by Commissioner Hay with discussion. Mayor Rodriquez inquired if one of the items was the Forest Park Neighborhood and wanted the Central Seacrest Corridor better defined. Kofi Boateng, Utilities Director advised Central Seacrest Corridor was comprised of the area east of 195, north of Woolbright, west of the railroad tracks and south of Boynton Beach Boulevard. The project involved improving swales, avoiding nuisance flooding, and also improving the water pipes within the area. Most of the piping was old, galvanized and small and this would improve the water lines in the area. Mayor Rodriguez inquired if the project was on hold as the documentation stated it had been. Mr. Boateng explained the City Attorney's office was involved to help decide how to move forward. The project was originally provided for under a Task Order that had expired and the issue was whether or not the Task Order could be revived to provide for expansion of work or whether it had to be rebid. Mr. Boateng explained the project was completed. The design was completed approximately a year ago. As it was getting ready to be bid, there was some significant deterioration within the area, so the plans had to be reviewed again to ensure when it was put out to bid, the work involved for the new bid would essentially cover all the work that originally needed to be done. The estimate for work to be completed was two years. Mayor Rodriguez inquired whether the approval was for a new plan because two years had passed, things had changed and that was what was being requested to approve now. He understood monies were allocated in the budget previously for the project and requested follow up on where those monies were, along with a report on the project, funding, start date and completion. The motion passed unanimously. 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 F. Approve Change Order to increase PO#11 003 to Graybar Electric for the purchase of Energy Efficiency Lighting Supplies under the US Communities Contract #MA-IS-1140130-1, Commodity Code #285-93-00-047498 effective until 01/13/13 by $30,000 ($20,000 to $50,000). G. Approve the minutes from the City Commission meeting held on June 7, 2011. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING A. PROPOSED ORDINANCE NO. 11-018 - FIRST READING - Approve amendments to the land development regulations to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development Districts (PI D). Applicant: City-initiated. Attorney Cherof read the Proposed Ordinance No. 011-018 by title only. Eric Johnson, Planner, Planning and Zoning advised this Code amendment was to allow bars and nightclubs as conditional uses in the Mixed Use Pods of a PID. Conditional uses are reviewed differently than permitted uses and under a different set of standards. All uses must meet the Operational Performance Standards that are in the Code, but conditional uses are evaluated separately. The current Code does not allow conditional use that would be in the C-3 zoning district. He explained when the Code was changed to create and allow a Mixed Use Pod, the drafters of the Code did not want or allow conditional uses in the C-3 zoning district in the Mixed Use Pod. This Code amendment would change that to allow bars and nightclubs only as conditional uses in the Mixed Use Pod. Mayor Rodriguez inquired as to the location of the district and Mr. Johnson explained there are two Mixed Use Pods in the City, both of which are in Quantum Park; one on the south side of Gateway Boulevard and one on the north side. He advised he was approached by a cigar bar retailer who asked if he could have a drinking cigar bar. After that conversation, it was decided to evaluate the idea of having a bar or nightclub in the Mixed Use Pods. 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Commissioner Ross disclosed she had a few conversations with one of the partners for this particular business and she was told they own several and this would be a prototype. Mayor Rodriguez inquired how this related to the strip club Ordinance as far as location and would it impact that Ordinance at all? Mike Rumpf, Planning and Zoning Director advised he would confirm next time as he did not have the Ordinance to review. A consideration was made whether distance separation should exist from establishments that sold alcohol. He believed the final text was that it was not measured from establishments that sold alcohol but he would confirm. Mayor Rodriguez advised the first reading could be approved. Mr. Johnson advised there was one error on line 25 of the Ordinance, which currently reads "any permitted use in the C-1, C-2 or C-3 zoning districts is considered". It should be zoning district. Motion Commissioner Ross moved to approve the proposed Ordinance No. 11-018 and was seconded by Commissioner Hay. Vote City Clerk Prainito called the role. The vote was 5-0. 11. UNFINISHED BUSINESS Mayor Rodriquez advised Item 13. B was moved up for early discussion and asked for a motion to remove from table. Motion Commissioner Hay moved to remove Item 13. B from table and was seconded by Commissioner Ross. The motion passed unanimously. AO. Continued discussion regarding the Interlocal Agreement between City of Boynton Beach and Town of Gulf Stream dated September 7,2004. Attorne~ Cherof explained the matter was tabled for clarification of the section of the June 7t agenda coversheet to clarify the limitation on the alternative of the annexation makes the 2004 agreement moot. A question had come up whether there would be other alternatives that could be proposed with respect to the action being requested. There are two other alternatives. One would be to renegotiate and modify the 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 provisions of the Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach and the other would be to litigate the breach of the Agreement. Commissioner Holzman expressed the opinion that the City held up its part of the agreement, but the Town of Gulf Stream had not and felt the citizens' interests should be kept in mind and the agreement should be upheld. Commissioner Hay felt it would send a wrong message in that it had a long reaching effect on the relationship with our neighbor cities. Mayor Rodriguez advised he had good meetings with the Town of Gulf Stream's City Manager and Mayor, along with Boynton Beach City Manager. It brought to light that this action was going to be taken and at the time, the City advised there were no objections. Unfortunately, the timing could have better and it could have been handled differently. The item should have been put on the agenda for discussion before the annexation took place. He agreed with Commissioner Holzman that this is a binding contract but was concerned what the next step was. There was no desire to engage in legal battles and he wanted a fair resolution to this matter. He indicated he did not make decisions alone and that the City Commission would make the decision by a majority vote. Vice Mayor Orlove concurred with Commissioner Hay regarding the Interlocal Agreements. In speaking with the City Attorney, this would have a possible deleterious effect on other Interlocal Agreements that we had. It was made clear in the beginning that this was not property taxes or value that the City of Boynton Beach had. It was an Interlocal Agreement regarding utilities. Attorney Cherof confirmed there was no taxable property to the City. What the agreement contemplated was that at least through the year 2030, the City of Boynton Beach might annex property there, in which case, there would be ad valorem tax. That was a prospective consideration, not a current one. He further advised that in the Town of Gulf Stream's annexation report, there was a reference to both potable water and sanitary sewer being commodities provided by the City of Boynton Beach to the property in question when developed. Vice Mayor Orlove stated in earlier discussions the issue did not come up and thought this was a rudimentary matter the City was dealing with. Attorney Cherof indicated it was triggered by a letter from the Town of Gulf Stream indicating they had made a decision and it was their intent to move forward with annexation and put the City of Boynton Beach on notice. The matter was tabled in May, 2010 with it being placed on a Future Agenda Item for future discussion if and when the annexation moved forward. That discussion never took place and the annexation had already taken place. 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Commissioner Holzman added the amount of taxable value the City would lose if nothing was done was $14 million of tax revenue to the City between now and 2030. There was discussion regarding what would have had to happen in order for revenue to come in for the City and that certain conditions would have to be met whether the property was annexed or not. There was also agreement that the discussion should have come back to the Commission before the annexation took place. Mayor Rodriquez pointed out there were two issues; one was the Interlocal Agreement that was being discussed as to whether it should be rescinded or not; another was the $14 million future, potential, best case scenario revenue, of which several conditions would have to take place. In between that was where litigation would come in. The properties in question were a number of parcels including what was east of the roadway, a condominium and horse and tennis co-op, which were unincorporated Palm Beach County before the annexation and located at the north end of Gulf Stream. Motion Commissioner Holzman moved to instruct the Attorney to enter into negotiations with the Town of Gulf Stream with regard to damages to the violation of the Interlocal Agreement from 2004 and seconded by Commissioner Ross. Mayor Rodriquez opened the item up for public input. Bill Koch, Mayor of Gulf Stream, expressed the relationship between the Town of Gulf Stream and the City of Boynton Beach had been excellent, working together on many things. The reason the Interlocal Agreement was first initiated was to prevent high rise, high density development and to preserve the Barrier Island. Either party could have annexed the property. John Randolph, Attorney for the Town of Gulf Stream expressed regret for any misunderstanding or miscommunication that took place. He advised from the beginning the two cities had been involved together and cooperated with regard to the issue of annexation. Had no intervention been present, the area would have remained an unincorporated pocket of the County and the density and height restrictions would have been higher. He advised that Gulf Stream advised the City in April 2010 of the intent to annex. He noted the Town of Gulf Stream did not seek annexation of this area; the citizens living in the unincorporated area asked to be annexed into the Town of Gulf Stream. Several public hearings took place and the decision was that the citizens in the unincorporated area, as well as the citizens of Gulf Stream would vote on a referendum. When the issue came back to the City in May 2010, all cards were on the table. The indication received from that meeting was there was not a problem with annexation; there was simply a concern that a plan should be in place for fire rescue services and that the City would be involved in serving water and sewer to the 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 area. At that time, a motion was made to table until more information was brought forward. From that date forward, Gulf Stream worked with City staff and Mayor to answer the questions the City asked. There was nothing hidden. Everyone on the City side reviewed the documentation and knew the annexation was going forward. This was not a breach of agreement; it was an Interlocal Agreement stating the intent of each of the parties. After working with the City with every step, the next step was to ask the City to move forward with the matter of rescinding the Agreement. The resolution was forwarded to Mr. Bressner that asked to rescind the agreement along with an agreement Gulf Stream proposed relating to both parties entering into rescinding the agreement. There was a request to have the City execute the Agreement as the Town of Gulf Stream had a lot at stake as certain projects were going forward. Commissioner Holzman disagreed with how the Agreement was written and felt there were several misstatements made. He felt the Agreement stopped the City of Boynton Beach from annexing, where it was stated that it was a joint non-annexation. It was also stated the Agreement was there to limit the density of that piece of property. Commissioner Holzman felt the Agreement only addressed what the City of Boynton Beach could do, not to what the Town of Gulf Stream could do. The Agreement addressed nothing to the density issue; it only stated that Gulf Stream would not seek to annex the property as discussed within the Agreement. He further stated in answer to the allegation that the Agreement did not involve damages or litigation, reviewing Section 5 of the Agreement, it appeared there was some thought to future litigation due to a breach by one of the parties. He reiterated there was no benefit to the City or the citizens by simply rescinding. Attorney Randolph responded that he did not believe he made any indication that anything in the Agreement prevented the City of Boynton Beach from annexing. The intent was that if the City annexed, it would agree to keep the density down. The other point he wanted to address was there was no breach of agreement, as Gulf Stream was moving forward with the understanding that all concerned knew what was being done. He expressed that he wished these issues would have come up during the period of annexation so it could have been worked out beforehand as opposed to beyond the last hour of having annexed. He felt that the City had come up with these new ideas. He added the Agreement was a statement of intent between two communities that had worked closely together. Case law provides you cannot contract away powers of annexation or zoning. The contract was very clear in that regard and the primary reason to uphold the rescission was based upon the good faith of the parties. Mayor Rodriguez inquired of the previously mentioned $14 million in taxable value, what would the net proceeds for the Town of Gulf Stream be. Attorney Randolph stated the revenue was unknown and reiterated the Town did not seek the annexation, the citizens did. 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Bill Thrasher, Town Manager advised the millage rate for the Town was 3.5 and the taxable value of those properties was $60 million, which would equate to approximately $200,000 of annual revenue. He also added that had he heard the first opposition to annexation, he would have fought against annexation but he did not hear any opposition. The City asked for information and some of that information could not be obtained without an annexation report and the actual vote. Ken Spillias, law firm of Lewis, Longman and Walker, represents the Ballantrae Condominium Association and wanted to give more background on how the annexation came about. Ballantrae approached the Town of Gulf Stream and asked them to seriously consider annexation as it was triggered by a project approved by the County. The project, the old Seahorse property, was in a County pocket. The County had intentions of building a six story building on the parcel. The Ballantrae citizens always considered themselves to be a part of Gulf Stream and that was how the discussions were initiated. Although he agreed that there would be revenue involved, also involved was a referendum. The citizens voted and that was the town they chose. Brian Edwards, 629 NE 9th Avenue, expressed his appreciation for all the input and felt Commissioner Ross was right in requesting more information. He stated that from a legal standpoint, there appeared to be some validity but felt there were a lot of questions that needed to be answered. Bob Ganger, Gulf Stream resident, was representing a group called the Florida Coalition for Preservation. In February 2010, the Coalition received a call from Commissioner Abrams office asking if the Coalition was aware that the City of Boynton Beach and the County were entering into an ISBA Agreement with the objective of assessing pockets and enclaves that either bordered or were within the City of Boynton Beach and unincorporated portions of Palm Beach County. At the meeting, a map was shown and both parties agreed as to specifically which pockets and which enclaves were going to be evaluated for annexation under the ISBA. The original map showed two pockets on the Barrier Island, one on the south which was where Ballantrae was located and one called the surf pocket to the north, which was a part of Boynton Beach. The Coalition alerted the residents in those pockets that there was an ISBA study and that those two pockets were potential targets. The residents at that time were asked where they wanted to be and hired an attorney to explain what the ISBA meant. It was after that, the residents chose to become part of the Town of Gulf Stream and came to the Town officials with a petition. It would not have happened had it not been for the testimony of the Kurt Bressner, City Manager in front of the County Commission that said the City wanted to evaluate whether it made sense for all parties to annex pockets and enclaves that surround Boynton Beach. Mayor Rodriguez closed public audience. 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Commissioner Ross stated that she still would like more information to review before making a final decision and disnot feel comfortable at that point to rescind. Mayor Rodriguez asked Attorney Cherof for confirmation that the Commission asked for this matter to be tabled in order to obtain more information and if we received the information that we requested. Attorney Cherof indicated he felt the information was provided in the June 13th letter from the Town of Gulf Stream and the original Agenda package. It could just be an issue of whether or not all the Commissioners had the opportunity to review the information. Vice Mayor Orlove stated he remembered that in May the discussion was that the City wanted to know what the intentions of Gulf Stream were for that property. The issue became the height and density restrictions and Mr. Spillias explained that. The City had not heard back regarding that issue, but the Town of Gulf Stream and the citizens within that pocket had decided they wanted to be part of Gulf Stream. He agreed that possibly this was not the right way to handle the situation but he felt the area was contiguous within the Town of Gulf Stream and it made no sense for the City of Boynton Beach to have any input with that area, regardless of the contract. He further stated that in the discussion he had with the Attorney and listening to other members of the Commission and public, this Interlocal Agreement was for services and height restrictions. It was not about the City of Boynton Beach having this property to add to its tax rolls. He stated he was not in favor of entering into any litigation but would rather rescind the Interlocal Agreement and remain good neighbors. There was further discussion among the Commissioners regarding the initial reasons of the Agreement and whether there should be more information provided. Mayor Rodriguez felt the situation needed to be resolved at this meeting. There were many challenges that would be required to be met and many obstacles that would be required to jump over in order to annex this property in the future. The intent of the parcel was for the building height. The intent was not to force citizens to be annexed into the City of Boynton Beach. He felt the City should be a good neighbor and put this matter to rest, go separate ways and possibly in the future continue relations. Commissioner Hay was in agreement with the Mayor. Mayor Rodriguez noted there was a motion and a second to instruct the Attorney to negotiate with Gulf Stream and not rescind. Commissioner Ross wanted that motion called. Motion was called and failed 2-3 (Mayor Rodriguez, Vice Mayor Orlove, Commissioner Hay dissenting). 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Motion Vice Mayor Orlove moved to rescind the Interlocal Agreement between the City of Boynton Beach and the Town of Gulf Stream and was seconded by Commissioner Hay. The motion passed 3-2 (Commissioners Ross and Holzman dissenting). A. Consider the request from the Boynton Beach/Lantana Rotary Club to have Jaycee Park renamed Boynton Beach Rotary Park. Wally Majors, Recreation and Parks Director, advised this item was brought before the Commission at the last meeting. Because there were other requests to rename other facilities, the Commission asked it to be simplified and to separate the items. The Rotary Club put forth a recommendation to have the Park named in their honor and in return, they would contribute volunteer services to help maintain the Park and had made a commitment to contribute $250.00 annually towards the Park. Vice Mayor Orlove remembered the discussion regarding keeping the Park named Jaycee Park for historical purposes. The $250.00 donation, although appreciated, he felt it would not necessitate the idea of renaming the Park. He suggested possibly the Rotary Club could adopt the Park. Mr. Majors stated the Park had the name since the 50s, where at that time, the Jaycee Club, which was no longer in service in Boynton Beach, helped develop the site as a Park to be used for public purpose. Mayor Rodriguez expressed that if the Jaycees were no longer in the City, he would be in favor of renaming it for a local group that still had a presence in the City. Vice Mayor Orlove stated there are many organizations that perform service for local Parks and felt all of them could not be renamed because of it. He reiterated the Rotary Club could adopt the Park and help maintain it. Commissioner Holzman agreed. Motion Vice Mayor Orlove moved to maintain the name of Jaycee Park and go back to the Rotary Club and ask them to adopt the Park. The motion was seconded by Commissioner Hay. The motion unanimously passed. B. Consider follow up information from staff regarding the naming of the Boynton Beach Child Care Center building in honor of Lena Rahming. Motion Commissioner Holzman moved to table and was seconded by Vice Mayor Orlove. The motion passed unanimously. 20 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 C. Consider the recommendation from the review committee regarding the renaming of Veterans Park and Veterans Bicentennial Park. Mr. Majors stated two recommendations were received. One was received from the Recreation and Parks Board which involved renaming Veterans Park in honor of Harvey Oyer and also to rename Veterans Bicentennial Park to Veterans Park. The other recommendation from the City Manager was to rename Boat Club Park in honor of Mr. Oyer. The family had expressed a preference to renaming Boat Club Park in honor of Mr. Oyer. However, the Review Committee preferred to rename Veterans Park in honor of Mr. Oyer and Veterans Bicentennial Park to Veterans Park. Commissioner Hay stated he felt Veterans Park should stay as it was and rename Boat Club Park in honor of Mr. Oyer. Vice Mayor Orlove stated he had contacted Harvey Oyer, III and there was a family preference for Boat Club Park for several reasons but they would be honored either way. The Committee made their decision and since the family was in agreement with either way, he suggested Veterans Park be renamed in honor of Harvey Oyer, Jr. Motion Vice Mayor Orlove moved to rename Veterans Park in honor of Harvey Oyer, Jr. Mayor Rodriguez seconded the motion for the purpose of discussion and passed the gavel to Vice Mayor Orlove. Mayor Rodriguez expressed that he had issues envisioning Boat Club Park being renamed for Harvey Oyer, Jr. He could not envision him in that kind of environment. He stated that as he read the family depiction of growing up, they spent time there with the family, and it made him think of the balance needed. Many people do not associate Boat Club Park with Mr. Oyer, but do so with Ocean Avenue. He stated he was hesitant to rename Boat Club Park but felt he would be more honored with Veterans Park due to his ties to the armed forces and being a veteran. Commissioner Holzman felt each town had someone that everyone associated with and certainly Harvey Oyer, Jr. was that person in Boynton Beach. He felt the Oyer family had connections with Boat Club Park and he was an integral part in the establishment of the Park and should be there for its legacy. Commissioner Ross questioned why we should abandon any park name when Jaycee Park was not renamed because of historical purposes. 21 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 There was further discussion among the Commissioners and a point was made that Harvey Oyer was an icon to the City and that Veterans Park was not used much any more and possibly Boat Club Park would be more appropriate. Mayor Rodriguez removed his second on the motion. Motion Commissioner Hay moved to rename Boat Club Park in honor of Harvey Oyer, Jr. and was seconded by Commissioner Holzman. The motion passed unanimously. The discussion continued on the issue of Veterans Park and Veterans Bicentennial Park. Vice Mayor Orlove stated the opinion that Veterans Park on Ocean Avenue does not represent itself that way now and felt Veterans Bicentennial Park should be named Veterans Park and possibly change Veterans Park to Ocean Avenue Park. Mr. Majors indicated the cost from scratch to reconstruct signage could range from $4,000-$6,000. He also stated that because the renaming of Veterans Park had never been broached and had never been brought forth as a recommendation, it would have to go through the process. The City, however, could initiate the recommendation of renaming Veterans Park. Mayor Rodriguez noted all the work done on Ocean Avenue in trying to revitalize the area. He suggested possibly working with the CRA to pump new life into the Park as well and possibly develop it as something that could have more purpose. Motion Vice Mayor Orlove moved to table the renaming of the two parks and was seconded by Commissioner Holzman. The motion passed unanimously. Mayor Rodriguez expressed the opinion that he felt other options for the Park should be investigated further and possibly find ways to optimize the site. Motion Commissioner Ross moved to work with the Boards for new ways to optimize Veterans Park and was seconded by Commissioner Holzman. The motion passed unanimously. D. Continued discussion of process for City Manager search. Mayor Rodriguez ad~sed he had received many calls and emails regarding recommendations for the City Manager position. He wanted to discuss a plan for 22 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 putting steps in place and begin the process of recruitment. The City Manager's Office had done a great job laying out options for the Commission to review and wanted to get consensus. The item he wanted to bring forth and discuss immediately was option 2 which stated to not do anything currently and allow Interim City Manager Lori LaVerriere to perform the job for six months and review again at that time. He felt that would happen by default because it would take at least that long to go through the search process. Mayor Rodriguez stated in Option 5, there was no need to spend dollars for recruitment and would like that option eliminated. Options 1, 3 and 4 he felt were very viable. Option 1 would include the City's normal course of recruiting which could, at the same time, apply Option 4 which was an ad on Monster. Vice Mayor Orlove inquired of Ms. Goebelt whether the City utilized online searches for open positions and she advised the City very often utilized websites like Florida Public Personnel Association (FPPA). The City had not used Monster in the past but felt it was a good source for a nationwide source. Other online job websites pick up position openings from other websites. Mayor Rodriguez continued discussing the options. Option 3 was utilizing Workforce Alliance. This was a free service and he felt they should be utilized for searches also. The next step would have to be decided in regard to how many are chosen and how it all would come together. Ms. Goebelt advised the first step was requiring everyone to apply online. From there, they would be screened, making sure minimum qualifications are met, and only top candidates would be chosen for review. Commissioner Holzman stated before candidates could be screened, a determination must be made to determine what the City was looking for in a Manager. Mayor Rodriguez commented that was being done but at this point he wanted to establish a process, with details worked out at a later time. There was consensus to not use Monster as there were other job sites that were free, so Option 4 was removed from the list. The City Manager's Office was currently in the process of working on the profile and Ms. Goebelt stated there was a job description and qualification list but wanted it to be reviewed and approved before it was included in the process. There was further discussion on the process and timeline, the process Ft. Lauderdale utilized and ultimately how many candidates would be reviewed. Staff should come back with the process, profile, job description, qualifications and timeline to the Commission by the first meeting in August. Mayor Rodriguez addressed his concern that when Ms. Goebelt leaves the City, there would be no transition point person as she would have left before her replacement began. He inquired of Ms. Goebelt if she would be willing to remain until the new applicant transitioned into the position. She advised she had to retire but would consider a contract employee status. There was consensus with the Commission to keep Ms. Goebelt until a replacement is transitioned. 23 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Motion Commissioner Holzman moved to get direction on the hiring process and was seconded by Commissioner Hay. The motion passed unanimously. Motion Commissioner Hay moved to direct the City Manager's Office to negotiate a contractual extension for Ms. Goebelt and was seconded by Commissioner Ross. The motion passed unanimously. 13. LEGAL A PROPOSED RESOLUTION NO. R11-068 - Approve an Interlocal Agreement between the Northern Palm Beach County Improvement District and the City of Boynton Beach for the City's stormwater National Pollutant Discharge Elimination System (NPDES) Third Term permit. Motion Commissioner Hay moved to approve Resolution No. R 11-068 and was seconded by Vice Mayor Orlove. The motion passed unanimously. B. Continued discussion regarding the Interlocal Agreement between City of Boynton Beach and the Town of Gulf Stream dated September 7,2004. Previously discussed as Item AO under Unfinished Business. C. Request for discussion of future Advisory Board Appointments Commissioner Holzman felt the City did not have a process in place for advisory board applications inquiring if anyone had been convicted of a crime of moral turpitude or if they were aware of any investigation for criminal activity. He stated for City employees these questions were asked and they should be asked for advisory board appointments. He requested language be added to the current application. Acting City Manager LaVerriere stated there was language that asked if a person had been convicted of a crime and if so, what was the nature, when and where. She indicated it was a standard question. Commissioner Holzman stated he would like added to the application additional wording that asked if an applicant was aware of any investigation. 24 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 There was further discussion on how the question should be worded and whether the addition would be needed and what the pros and cons would be. Vice Mayor Orlove stated that because someone was under investigation did not prove guilt. Motion Commissioner Holzman moved to add the words "subject to a criminal investigation" to the advisory committee application. Acting City Manager LaVerriere read the current language. Since there was no second, Mayor Rodriguez passed the gavel to Vice Mayor Orlove and seconded the motion. Mark Karageoge, 240A Main Blvd. agreed with Vice Mayor Orlove and commented there were individuals in the 60s that were under investigation because they fought for civil rights. There were people like Harry Kissinger who were under investigation. He felt that if someone were actually convicted of a crime, the person should immediately be eliminated. It should be based on criminal history and not merely an investigation. John McGovern, 2620 Spiceberry Lane, stated he felt the whole discussion indicated uncharted waters. As ethical concerns for the County grow and become more defined, he felt all municipalities should look at the ethical dimension of persons wanting to perform a public function. Mayor Rodriguez inquired of Attorney Cherof when a City employee was under investigation, what happens? Attorney Cherof stated it would depend on the nature of the investigation and what the allegations were and in many cases would be suspended with pay pending the investigation. Mayor Rodriguez wondered why the same standards would not be applied to an advisory board. Ethics were being questioned on a regular basis and to not apply basic questions for decision making and after hearing the Commissioner's different opinions, stated he was puzzled at the hesitancy to apply a simple word to an application. Commissioner Holzman reiterated that no one would be turned down if it was a simple investigative issue. It would depend on what the crime was. He stated it should be disclosed for information purposes. 25 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 Vote The motion failed 2-3. (Vice Mayor Orlove, Commissioners Ross, and Hay dissenting). Mayor Rodriguez expressed his disappointment. Mayor Rodriguez announced there was a closed-door session before the regular meeting with two legal matters that were settled and now required approval at the Commission level. Commissioner Holzman did not vote as he was not present for the closed-door session. 13. D. WEST WAY TOWING, INC., Plaintiff, vs. CITY OF BOYNTON BEACH, Defendant, Palm Beach county Circuit Court, Case No. 502010 CA 029319 XXXX MB In the matter of The City of Boynton Beach vs. Westway Towing, Inc., the parties engaged in a court-ordered mediation conference and reached a tentative settlement agreement for $20,000. Motion Vice Mayor Orlove moved to approve and was seconded by Commissioner Hay. The motion passed unanimously. E. LISA BRIGHT, Plaintiff vs. CITY OF BOYNTON BEACH, AND JOSE RODRIGUEZ, Mayor of the City of Boynton Beach, Defendant - Palm Beach county Circuit Court, Case No. 502010 CA 017387 XXXX MB AF In the second item, the same type of process was filed in the Lisa-Bright public records lawsuit against the City of Boynton Beach and in a court ordered mediation reached a tentative agreement for $4,000. Motion Commissioner Ross moved to approve and was seconded by Commissioner Hay. The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD B. Amendment to City Code on temporary banners - 7/07/11. C. Economic Development Plan - TBO 26 Meeting Minutes Regular City Commission Boynton Beach, FL June 21, 2011 D. Modification to city's lobbying registration ordinance - 7/19/11. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 10:08 p.m. CITY OF BOYNTON BEACH / /-' AlTEST: Steven HJ:p , Comm <?o,er 1n.~ / .~~ Marlene Ross, Commissioner / (' (I .." I 1 /t l Ll Cl'\.,lv) (\ Ellie Caruso Recording Secretary 27 http:/ /www.sun-sentinel.com/news/palm-beach/sfl-bovnton-briberv-katz-p090 1 09.0.307237 6.storv State Attorney's Office investigating former Boynton Beach city commissioner for bribery and money laundering By CHRISTINA DeNARDO Palm Beach Post Staff Writer, Tuesday, September 01, 2009 BOYNTON BEACH - A former Boynton Beach city commissioner whose role as a lobbyist for developers ignited a criminal investigation by federal and local law enforcement two years ago is at the heart of another investigation that accuses him of bribery and money laundering. The latest accusations paint David Katz as a lobbyist playing both sides of the fence, taking money from two tow truck companies competing for the city's business, according to a complaint by the Palm Beach County State Attorney's Office. Though no charges have been filed, witnesses have said that in the fall of 2008 Katz took $500 from the head of Eastern Towing, as well as $12,000 from Westway Towing in exchange for lobbying the commission for their business, according to the complaint from the office's anti-money laundering task force. Katz, 58, never disclosed he was taking money from competing businesses. When the city commission rejected the bid from Westway Towing, Katz gave nearly all the money back. He kept $500. Katz' ex-girlfriend Janice Nalis also told police that the lobbying contract with Westway Towing was for $25,000 and that Katz was going to receive the remaining $13,000 at a later date. Nalis said that Katz kept more than $50,000 in a bank security deposit box, though a search of the box by investigators revealed no money, according to the complaint. Craig Goldstein, ofWestway Towing, told police that Katz approached him about lobbying for them. Goldstein said he was told, "if you want something done in Boynton Beach, you should go through Mr. Katz," the complaint stated. In 2007, Katz was at the center of an alleged pay-to-play scandal over his work as a lobbyist for developers vying for Heart of Boynton projects. Commissioner Ron Weiland was accused of pressuring Intown Partners, a developer, and later the Auburn Group, to hire Katz as a lobbyist. Both companies ended up doing just that. However, when Katz left Intown, the company's president charged that Boynton Beach had become a pay-to-play city, igniting an investigation by the Florida Department of Law Enforcement and the FBI. Katz could not be reached for comment Tuesday. -- _. - -~o:-~ ...-, ...._-.~ .............-~...'........~~ ...-,....,(.. .".' ".~ ,'- ..., ,...............,..-....... "..........,,-..~~_ ..~.'1~. __ ~...-...'~_-.........~......"""4"'~........_"'.\~~ y......._--,.......,.....,1".~ ;_........ 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Serving Palm Beach County '. ...-, ~l~fonIY the license photo was as easy.... www.taxcollectorp~c.~o: . ~.; . ......,--1P . -.. ,.-.. .. '.;;:~~J;. -- - - I The New Document Requirements For Driver Licenses and Identification Cards I Be Prepared. Bring the Right Stuff. For office visits, you must bring specific forms of identification (separate items with proof of date of birth, social security number and residential address). This list includes some common valid documents. Before you go, check out the wait times or schedule an appointment on our web site. 1. Identification: U.S. Citizens Bring one , o Certified U.s. birth certificate (not hospital issued birth certificate) ongltla, o Valid U.s. passport in current name or certlfl~c' o Certificate of naturalization I..opy , o Consular proof of birth abroad Additional required documents if you've legally changed your name: o Valid U.s. passport in current name OR o Original or certified copies of all marriage certificates or court orders that show your name change(s) (uncertified photocopies are not valid) 2. Social Security Number o Social Security card I o W-2 form Bring one 10nglnClII o Paycheck/stub showing Social Security number 01099 Form 3. Residential Address (not post office box) o Deed, mortgage, payment booklet, or rental agreement . o Florida vehicle registration or title I (order a duplicate at www.taxcollectorpbc.com) Bnngtwo I o Utility bill or hookup/work order (not more than two months old) Remerllbl'r botl~1 of t h est o Mail from financial institutions including checking, savings, or documents must I investment account statements (not more than two months old) 1)(. 'I your fli:lrn I I o Florida Voter Registration Card I o Current automobile insurance policy or bill o Statement from person you live with along with two address documents in that person's name I Immigrants, Non-Immigrants and Canadians may visit www.taxcollectorpbc.com for a list ANNE M. GANNON of acceptable identification documents. CONSTITUTIONAL TAX COLLECTOR For more document options, Serving Palm Beach County visit www.GatherGoGet.com. www.taxcollectorpbc.com .....r.. _....,.... . . ~._' ~~. ...__~.~ ... ... . ~- '~-::'.' ~~. :-.' 7'.~- -~".::.;,:,-.. ,~- ~ , ~ ..=-:;.......~--. . ~r '''':, , ~ . .~ ~. ="~ ::': ;,....:..:: -, l~-;,.~~. . r .. ,.,.... ~ "". '--f ..~11C '..... ..., ... " -.;:,.,"'" ~,. 1-- .. . ..,..,;-,.,,:'" :... J ANNE M. GANNON . ~ -- - . ---",~., : "---:"-.......-... L...!'"_~:' .:...-.. ~.. ._~ ~,_. . ., ,.. ~ :' ... ! CONSTITUTIONAL TAX COLLECTOR .- ' ~ i Serving'Palm Beach 'County . . 't 'T ... I ., i , f t ~ I. . ~ '" · .. t. ~ I · * . : t. f Dear Friend, ... : 1 t '. -\ I t- ; r I In mid-2010 my office began offering driver license \ ; ~ ft ,services as mandated by the Florida Legislature. This \ ~ ~ has been an enormous undertaking. The passing of driver ~ ~ license services from the Department of Highway Safety and ' · l ' I · 1 I Motor Vehicles to locartax collectors is a big change and it ~ y1\.. oollOt'- " ~e'Gol\fi . ! ! affects all of us. The legislature provided no funding for public. ot'-G"ll '('{\o\Of'49'(\\C · t : education and I ne~d your help educating your friends, families .. o~fa\iOl\ 0\ a I f t( and neighbors. · I . . · to : ; ~ This "License To Drive" Multicultural Community Awareness' Kit . .. · J " includes valuable education materials, including: ...- " · t. : L I} · A document o.rganizer 'with a REAL 10 checklist to store required documents;' .. : r - · How to get the right stutf: a list of sources of where to get required items located __ . .. t on the back of the document organizer; - ... . : I' t. .. Flyers to display or distribute in your community, clubhouse or congregation; . - ! : I · A list of Frequently Aske'd Questions about the federal Real 10 Act of 2005; and - j : t · Banner ads, with instructions to upload the ad to your website. (The banner ad' links . ~" : ~ f to the driver license information section of my website.) .. . ;. ~ I These materials and directions to our service centers are also available on my we~slte: .:. [" ! J- at ~.taxcollectorPbc.com. Thanks for your ~u.ch-needed assistance. . ~~ :: ,.. f So, remember to smile and say, "Cheese." , .;; . ~ "", .. J:. ' ~ . ... .....:4 III .' 1 . .... _ ~....... .. L~..i i. Sincerely, P.-5. C,^ec~ "O,^T- ~,,^V 0 ~.. -..~.~..~ ,.... . t,. . t. . ". "e\\se"'\o VVlve VltAe. ~.,-- .: -. . f... t L \,.olC .. '-s"'Le _,L ..., .. ~ .... ....... e ,.. .t ,^v Wev l, v",, ,... '." l~J. ..t' ..... , ~ o~" . o"eC+ov'fb'C'.CO~ I "1' . . w - ". h'WW.'~)CC ......., , ~ \IV II "". . 40- I:.t.\-,~...._. -:.:" , I'Ih. -.. ...... .... t~-..- ~"...-An"e~M,. Gaflnon · !._ ';'::'''_'':.',~ ~ -:~, .. -.-.-..~ .", .1 - I- -~ -- ...... - '. ..... - ~ .- " ... l ... - ~ -'," ........,... .. - I~;~,. -:-;....,J..~,~_.. ,. ASK ANNE Worried about the new document requirements for getting a driver license? Never fear! Anne is here! Anne answers some frequently asked questions to help you understand all these new requirements. Question: Why do I have to bring more Question: 00 I need a REAL 10 license? documentation to get a driver license? Anne: Yes. After 2014, Federal agencies will no Anne: The federal REAL ID Act of 2005 set longer accept a driver license or ID card unless new standards for the issuance of driver it is Real ID compliant. This means in order licenses and identification cards. REAL to board commercial flights or enter federal ID was developed in response to the facilities you must have a Real ID issued driver 9/11 Commission recommendation that license. Your current Florida license or ID card the U.S. improve its system for issuing will continue to be valid as identification for identification documents. federal purposes until: The goal of REAL ID is to improve the . December 1, 2014 for individuals born after integrity and security of state-issued December 1, 1964. driver licenses and identification cards, . December 1, 2017 for everyone else. in order to help fight terrorism and reduce fraud. Question: Willi still be able to renew my license online after January 1, 2010? Question: Ooes Florida issue REAL 10 licenses and Anne: Yes. You are allowed to renew one time by a 10 cards? convenience method (Internet or mail). Your Anne: Yes. The REAL ID Act became effective next renewal must be in a driver license office. nationwide on May 11, 2008. Florida For example, if you renewed your license began issuing REAL ID licenses and ID online in March 2010, you will need to visit a cards on January 1, 2010. driver license office for your next renewal. Question: Will my new card look different? Question: Willi be able to have both a REAL 10 driver Anne: Yes. The new license will have a gold star license and a REAL 10 identification card? in the upper right corner signifying that Anne: No. Each individual can only hold a REAL ID you are Real ID compliant. driver license or a REAL ID identification card, but not both simultaneously. If you currently hold both, one will be cancelled the next time you renew. Question: Can I get my REAL 10 license/card before the expiration date on my current license or 10 card? Anne: Yes. A normal Class E license can be renewed up to 18 months prior and a Commercial Driver License up to 12 months prior to the card's expiration date. We encourage early renewals, so don't wait until your expiration date! co ANNE M. GANNON /'~ CONSTITUTIONAL TAX COLLECTOR Serving Palm Beach Coullty www.taxcollectorpbc.com BANNER ADS Below are steps for placing a "License to Drive" banner ad on your organization's home page. Tip: You can find these instructions on our website at www.pbcgov.com/tax/banner_instructions.shtml. 1. Tell us who you are. Visit our website at www.pbcgov.com/tax/banner_instructions.shtml and fill out the short registration form. We will notify you via email when we have new announcements. The banner ads will change periodically to reflect the latest news. Tip: The banner ad will change automatically, so once you place it on your website you won't have to do it again. 2. Select the banner you want to add to your website. There are 3 different sizes/orientations from which to choose. See reverse for banners; the code can be found on our website at www.pbcgov.com/taxlbanner_instructions.shtml. Tip: You can view the actual sizes of the banners on our website. 2. Copy the HTML banner code. Each banner has its own HTML code that you will need to paste into your website. This code draws the banner image from our server and displays it on your web page. You should not have to download images or add any more files to your web server for the banner ad to appear. Place your cursor at the beginning of the code, left click and hold down the mouse button, and then drag the cursor across the entire piece of code (it will become highlighted). Then right click and select "copy" from the menu that appears on your screen. Tip: You can copy and paste the HTML banner code easily from our website. 3. Paste the HTML banner code into your web page. Open the file for your web page in Notepad or an HTML editing software such as Dreamweaver, FrontPage, etc. Paste the banner code into the HTML code of the page where the banner should appear by right-clicking and selecting "paste" from the menu that appears on your screen. Tip: If you are using editing software such as Dreamweaver or FrontPage, make sure you place the HTML banner code into the HTML code view of the page, not the design view or preview. 4. Upload the page to your web server. Upload the web page to your domain using your FTP client. Replace or overwrite the page if prompted. View your page in a browser and make sure the banner is in the right place. If not, follow these steps again and move the entire piece of code until the affiliate banner appears where you want it to appear. e ANNE M. GANNON CONSTITUTIONAL TAX COLLECTOR Serving Palm Beach County www.taxcollectorpbc.com - - I Banner Ad #1: 160 pixels wide x 300 pixels tall Banner Ad #2: 200 pixels wide x 200 pixels tall Banner Ad #3: 460 pixels wide x 60 pixels tall I I We1ve Bot YOL\V lice\\se to ~vive! Be Prepared. Bring the Right Stuff. We've made it simple. Use this handy checklist and envelope to gather your documents required for a Real ID compliant driver license or identification card. Once you've completed the checklist, you're ready to visit one of our service centers. Before you go, check out the wait times or schedule an appointment on our web site. 1. Identification: U.S. Citizens ",;ng on.o { u Certified U.s. birth certificate (not ho'pHaU"ued birth certificate) (original 0 Valid U.S. passport in current name or certified 0 Certificate of naturalization copy) 0 Consular proof of birth abroad Additional required documents if you've legally changed your name: o Valid U.S. passport in current name OR o Original or certified copies of all marriage certificates or court orders that show your name change(s) (uncertified photocopies are not valid) 2. Social Security Number Bring one { 0 Social Security card o W-2 form (original): o Paycheck/stub showing Social Security number o 1099 Form 3. Residential Address (not post office box) o Deed, mortgage, payment booklet, or rental agreement o Florida vehicle registration or title Bring two: (order a duplicate at www.taxcollectorpbc.com) (Remember, o Utility bill or hookup/work order (not more than two months old) both ofthese o Mail from financial institutions including checking, savings, or documents must investment account statements (not more than two months old) be in your name.) o Florida Voter Registration Card o Current automobile insurance policy or bill o Statement from person you live with along with two address documents in that person's name Immigrants, Non-Immigrants and Canadians may visit www.taxcollectorpbc.com for a list of . ANNE M. GANNON acceptable Identification documents. For more document options, CONSTITUTIONAL TAX COLlECTOR visit www.taxcollectorpbc.com. Serving Palm Beach County Revised 5-Y- 2011 How to Get the Right Stuff. Where to get a Birth Certificate Palm Beach County Health Department Office of Vital Statistics 800 Clematis Street, 1st Floor, West Palm Beach, FL 33401 (561) 837-5847 I www.pbchd.com/vitals/birth_death.html Florida Department of Health Office of Vital Statistics P.o. Box 210, Jacksonville, FL 32231 (904) 359-6900 I www.floridashealth.com VitaIcheck.com (recommended online ordering coml'UlIY Oil PBC Health Dept. website) Website contact only: www.vitalchekcom Where to get a Marriage/Divorce Certificate Sharon R. Bock Clerk & Comptroller, Palm Beach County 205 N. Dixie Highway, 3rd Floor, West Palm Beach, FL 33401 (561) 355-2986 I www.mypalmbeachclerkcom VitaIcheck.com Website contact only: www.vitalchekcom Where to get a Social Security Card Social Security Office Monday - Friday 8:30 am - 3:30 pm 1645 N. Congress Avenue, West Palm Beach, FL 33409 1-800-772-1213 I www.socialsecurity.gov