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Minutes 10-04-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, OCTOBER 4,2011 PRESENT: Jose Rodriguez, Mayor William Grlove, Vice Mayor Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Marlene Ross, Commissioner Lori LaVerriere, Interim 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 6:34 p.m. The invocation was given by Vice Mayor Grlove. Commissioner Holzman led the Pledge of Allegiance to the Flag. (Commissioner Ross arrived at 6:36 p.m.) D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof advised staff had requested Item 7.C be tabled and Item 7.B should remain on the table because there had been an appeal of the denial of the protest and it would move forward to the City Commission for disposition. Commissioner Hay pulled Item 6.A for discussion. 2. Adoption Motion Vice Mayor Grlove moved to approve the agenda as amended. Commissioner Holzman seconded the motion. Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Vote The motion passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Hay reported the County Commission had approved the modification of the deed restriction on the Quantum Park lot slated for a parking lot for the EWE Group project. He also requested the City Attorney review the Commission's responsibility regarding open communication. Attorney Cherof advised all communication between members of the Commission on items that could come before the Commission for consideration should occur in the sunshine. The sunshine is a public meeting and all communications should be audible to the audience. The limitation applies under the Florida Sunshine Law. Commissioner Holzman wished everyone a Happy New Year and easy fast. He had also toured the Children's Schoolhouse Museum with a local kindergarten class who used the new amphitheater for their lunch. Vice Mayor Orlove announced the Children's Museum had won a sign contest beating 600 other nation-wide entries and had received $10,000. The "Wedding on the Waterway" project had received at least 12 applications and the Recreation and Parks Board would be making a decision to be announced in November. Beach decals were now available for the new year and could be bought at City Hall and the Intracoastal Clubhouse. Vice Mayor Orlove would be reading Llama Llama Red Pajama, to a class at Forest Park Elementary as part of the Literacy Coalition of Palm Beach County "Read for the Record" program. Commissioners Ross and Hay urged everyone to participate in the National Day of Reading. Commissioner Ross had attended the Chamber of Commerce Tri-Chamber Business Expo at the Courtyard Marriott in conjunction with Lantana and Lake Worth. She congratulated the Boynton Beach Chamber of Commerce on a nice event. Mayor Rodriguez announced he and the Vice Mayor had attended the Literacy Coalition Luncheon for the "Read for the Record" program and hoped the City of Boynton Beach could again win the competition for the most participation in the event set for October 6, 2011. Mayor Rodriguez had also met with the new Principal of Boynton Beach High School, Ms. Whetsell, to establish a relationship between her and the City for the coming year. He had also thrown out the first pitch at the Little League kickoff. Mayor Rodriguez had introduced and welcomed Congressman Allen West, who had his 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 second town hall meeting in Boynton Beach. Commissioner Ross had facilitated the event. Mayor Rodriguez also acknowledged the passing of former Florida Governor Claude Kirk and recognized his hard work and dedication. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of Sunday Funday on Sunday, October 9,2011. Kathy Biscuiti, Special Events Director, announced October starts the events season with Sunday Funday being held at the Marina, from 1 p.m. to 4 p.m. It would include a petting zoo with over 20 animals. Small pumpkins would be available for painting and there would be face painting and steel drum music. Similar events would be held every month to acquaint people with the Marina and available water sports. B. Announcement of the Downtown Open Market on Sunday, October 16, 2011. Ms. Biscuiti also announced the first Downtown Open Market being held inside and outside the Civic Center that would include at least ten Gourmet Food Trucks. Indie crafts, vintage goods, music and food would be available from 11 a.m. to 6 p.m. It was hoped the market would be held on a monthly basis. C. Proclamation the Month of October as National Arts and Humanities Month for the City of Boynton Beach Mayor Rodriguez proclaimed the month of October as National Arts and Humanities Month and read the Proclamation to be presented to Barbara Ready, Chair of the Arts Commission. Ms. Ready remarked Palm Beach County's cultural industry is an economic force with a symbiotic relationship with the business community. It revitalizes downtown areas by attracting new businesses and sustains economic vibrancy as the cornerstone of tourism and economic development. The Arts Commission appreciated the support of the Commission. D. Recognize the City Hall Painting Project sponsors. Mayor Rodriguez recognized the sponsors of the City Hall painting project, without whom the event would have been impossible. Cafe Frankie owner, Anthony Calicheo, supplied lunch for the painters, Solid Waste Authority supplied the paint, REG Architect Rick Gonzalez supplied the design and color scheme, ACE Hardware supplied the necessary painting supplies for the project and staff who worked very hard. Rick Gonzalez accepted the certificate and remarked it was nice to be recognized for the community service and he would share it with his staff at REG Architects. 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Anthony Calicchio thanked Mayor Rodriguez for the recognition and Cafe Frankie's hoped to be able to assist with any future food needs. Linda Moren indicated it was a pleasure for the Solid Waste Authority to be able to donate the recycled paint and hoped to continue to work with the City in the future. Dale Hatch acknowledged ACE Hardware was happy to be a part of the project. Debby Coles-Dobay, Public Art Administrator and Jeff Livergood, Director of Solid Waste and Engineering also received certificates of appreciation. Vice Mayor Orlove pointed out there was more to be done and Mayor Rodriguez agreed. It was hoped the project could continue, weather permitting. 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) David Katz, 67 Midwood Lane, read a police incident report relating to a domestic dispute involving Sarah Mercedes Marquez and Mayor Rodriguez, husband and wife. The report indicated the threshold for a violation of Florida law had not been met. Mr. Katz alleged there was undue influence placed because the initial report has an indication, "Not For Public Release." A copy of the report is available in the City Clerk's office. Carol Volkman, 1207 NW ih Court, thanked the Commission for agreeing to leave the Senior Center open until 4 p.m. It was ~reatly appreciated by everyone. The Center's 12th Anniversary would be October t and she invited everyone to share in the celebration. Joe Schultz, 1073 NW 11 th Street, made the Commission aware of a problem in Sky Lake Development, concerning oversized vehicles of all types that harm the safety, home values and enjoyment of the community. The area has vehicles parked and stored everywhere, including boats, jet skis on trailers, RV trailers, tow trucks, flat beds, swamp buggies, air boats, farm tractors, golf carts, commercial trailers and vehicles and even car carriers. Many of the owners of the vehicles are bullies and have retaliated against those who complain. Mr. Schultz had received a death threat in the mail and his wife had been threatened while in her vehicle, by another vehicle. Mr. Schultz contended the Police and Code Compliance refused to assist in the matter. He asked that the future request to allow bigger vehicles in the neighborhood be denied and stricter codes be put in place with chronic violators fined. 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Susie Peccerelli, 4289 Dale Road, West Palm Beach, asked the Commission to review an agreement she had received that violated her rights as an employee. 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 Motion Commissioner Holzman moved to table all appointments. Commissioner Ross seconded the motion. Vote 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 purchase of 15 AED's at the state contract rate from Cardiac Science of $1,369 each, for a total expenditure of $20,535 to be paid from the State Law Enforcement Trust Fund Commissioner Hay inquired about the criteria to distribute the AED (Automatic External Defibrillators) units. Chief Immler advised the units are in the patrol cars for every shift. The Police Department usually gets to life support calls before the Fire Department and it allows for treatment of a heart failure. There are seven or eight currently in use and the 15 would be additional. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 B. Accept the FY 2010 -11 Budget Status Report of the General Fund & Utility Fund Revenues & Expenditures for the eleven (11) month period ended August 31,2011. C. PROPOSED RESOLUTION NO. R11-111 - Approve the temporary road closing of Federal Highway on December 3, 2011 for the Holiday Parade and authorize the City Manager (or designee) to apply for the state permit for the temporary road closure. D. PROPOSED RESOLUTION NO. R11-112 - Approve amendment to the Youth Empowerment Center services agreement with Catrina Lyons (R11-047), Facilitator for One-eighty for Girls Violence Prevention Project (the "Provider") to continue to offer programs at the Boynton Beach Youth Empowerment Center (YEC) through October 20, 2011. E. Approve a written assurance confirming the City of Boynton Beach will fulfill all requirements necessary for Certified Local Government certification. F. Approve the minutes from the City Commission regular meeting held on September 20,2011 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R11-113 - (1) Approve Final Closeout Change Order to Construction Services Agreement with Felix Associates, LLC to exceed the Commission authorized project amount of $3,420,857.00 by an additional $11,874.66 for the Raw Water Main Interconnect, Section A Project for a final project total of $3,432,731.66 and (2) Approve the final payment to the contractor of $58,507.29. Vice Mayor Orlove questioned the cost overruns over the contingency. Ms. LaVerriere replied it was emergency field conditions. Kofi Boateng, Utilities Director, explained the expenses were unanticipated circumstances encountered during the course of the project. The monies were transferred from CIP Funds. The source of the funding was discussed and Mr. Boateng indicated lower than anticipated expenses had created some excess funds. The problem was in the first phase of the interconnect between the West Water Treatment Plant and the East Water Treatment Plant. County road repairs were ongoing and the repair would avoid double digging the roadway. Ms. LaVerriere stressed the situation was not normal or common practice. Commissioner Holzman inquired how much money was available in the CIP Fund that was not allocated to a specific purpose. Mr. Boateng explained the market for construction cost is favorable and many estimates for projects had been high creating a surplus to deal with unanticipated expenses. Ms. LaVerriere added the initial revenue was from a bond issuance and capital expansion funds. 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Mr. Atwood interjected the monies were from the available fund balance that was not committed in the utility CIP Fund. Upon completion of a project, any excess monies go back into the fund balance or any excess cost would be taken out of the fund balance. Motion Commissioner Hay moved to approve. Vice Mayor Drlove seconded the motion. Mayor Rodriguez opened the issue for public comment and no one came forward. Vote The motion passed unanimously. B. (1) Reject the seven (7) highest bids the City received in response to the Invitation to Bidders (2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059- 2821-11fTWH "Regional Lift Station at Pence Park" to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also approve an owner's contingency of 10% of the amount of $81,200 for a total funding authorization of $893,200. - (TABLED 8/16/11 & 9/6/11 & 9/20/11) Recommend item remain tabled until 10/18/11 (This item was tabled earlier in the meeting.) C. Approve changes to the Annual Bid for Landscape Maintenance, original Bid #054-2730-08/JA, to redistribute maintenance locations and tasks to second lowest bidders, due to the closing of one of the awarded vendors. (This item was tabled earlier in the meeting.) 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 11-026 - FIRST READING - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Private Governmental/Institutional (PPGI) to Moderate Density Residential (MoDR). Applicant: Michael Campbell Attorney Cherof read Proposed Ordinance No. 11-026 by title only, on first reading. He explained there would be two public hearings because it incorporates a Comprehensive Plan amendment to the Future Land Use element. Vice Mayor Orlove inquired if the Church had submitted any comments regarding the site and Hanna Matras, Senior Planner, replied there were none. The Church was aware of the project and had sold part of the property to the applicant, Michael Campbell. It would be a platted subdivision and the Lane Use Amendment and Rezoning would not indicate the size of the homes or any site plan specifics. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 11-027 - FIRST READING - Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single- family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell Attorney Cherof read Proposed Ordinance No. 11-027 by title only, on first reading. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 11-022 - SECOND READING - Amending Section 26-9 of the City's Code governing water and wastewater rates that will implement a revised rate structure effective November 1, 2011 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Attorney Cherof read Proposed Ordinance No. 11-022 by title only, on second reading. There would be two public hearings on this matter as well because it relates to utility rates. Mayor Rodriguez inquired about the debt service and Mr. Atwood advised the debt service on the current bonds would be an additional $1.8 million a year for 25 years to pay back the $20 million plus interest. The rate would increase 3% this year and 2% a year the following years or 14% over five years. Bonds are layered year to year. The monies are primarily for repairs and maintenance of the infrastructure and would be ongoing. Vice Mayor Orlove stressed the rates were the second lowest in the area and would remain so throughout South Florida and the Treasure Coast. Only the City of Boca Raton would have lower rates. Commissioner Ross asked if the residents were notified and Mr. Atwood indicated the residents had been notified through the water bills. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT A. Continue discussions of Downtown development options focusing on possible relocation or renovation of existing Police Department and I or City Hall facilities. Ms. LaVerriere recalled there had been a workshop and a matrix of options and cost estimates were submitted to the Commission. Staff had been directed to inventory the vacant City-owned land, not deed restricted, that could be sold and appraisals obtained. Staff also determined more accurate costs of building a new Police facility on the High Ridge site or the east Seacrest Boulevard option. Mr. Livergood reported on the difference between prior purchase prices to the land values. The nine acres on High Ridge Road were purchased in 2004 for $4.2 million with a current value of $3 million. The Seacrest property was purchased by the CRA, a value of $6.5 million and the Rolling Green municipal complex was purchased in 1960 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 4,2011 for $10,000. The Leisureville parcel was purchased in 1990 for $100 and the circumstances of the purchase were unknown. Mayor Rodriguez suggested the properties currently being used, such as the old Fire Station #2, could be sold. Mr. Livergood recognized, once vacated, the properties could be sold. The value of the land would be approximately $450,000 to $500,000. The other location would be the Miner Road facility that could be available if a Police headquarters would be built. Mr. Livergood did not feel the parcel on Miner Road would have any value due to access restrictions and the narrow nature of the property. Chief Immler indicated six to 12 officers operate out of old Fire Station #2 plus storage of confiscated vehicles and two large generators. Some evidence and/or property can be stored off-site at a relatively secure area. Public storage facilities are not secured. Commissioner Holzman asked if the additional space could be used for the officers at the current facility. Chief Immler advised there was some expansion into available office space as departments were moved. The vehicles stored in the basement have now been moved to the towing facility storage area according to the contract at no cost. There is a significant amount of space in the area that could be developed and the evidence and storage problems could be solved for years. Mr. Livergood estimated air conditioning would be required at a cost of approximately $500,000. Mayor Rodriguez recalled there was a suggestion to brainstorm the possible closing of Fire Station #1 that would solve many space issues. Ms. LaVerriere felt it was part of an even larger discussion on the downtown area and campus that could be done at a workshop. Commissioner Hay would consider closing Fire Station #1 in lieu of the proposal for the additional space. Commissioner Holzman would consider the option in conjunction with all other options. Vice Mayor Orlove would be open to the idea, but it would have to be part of a larger discussion that included adequate coverage for the barrier islands. Commissioner Ross concurred with Vice Mayor Orlove. Vice Mayor Orlove asked Chief Immler if the proposed changes in office space and the use of the open space would be sufficient to meet the needs of the Police Department for several years. Chief Immler felt it would be sufficient if Fire Station #1 area and the downstairs area would be included. Ms. LaVerriere cautioned it would come with a cost of at least $1 million. Mayor Rodriguez favored selling off property and opening a Police Station Fund for any proceeds. Ms. LaVerriere indicated it was possible. Commissioner Holzman agreed. Commissioner Hay felt other priorities may have to be considered before all monies are deposited in the new Fund. Vice Mayor Orlove asked about the parcel in Leisureville and the intent of the purchase. Mr. Livergood was unaware of the details of the purchase and there was no public 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 purpose for the parcel. Staff recommended the parcel be sold. Vice Mayor Orlove suggested the parcel be placed for sale to start the process of selling vacant, City- owned parcels. Mike Rumpf, Planning and Zoning Director, recalled the parcel was part of a land swap in connection with the development of the Woolbright Place PCD. It did not have any park dedication requirements. Commissioner Holzman wanted to include the High Ridge parcel for sale and the Leisureville property. Mayor Rodriguez agreed. Mr. Livergood recommended the workshop be held with a view toward the next ten years. Motion Commissioner Holzman moved to put the High Ridge and Leisureville locations up for sale. Vice Mayor Orlove amended the motion to focus on the Leisureville site. Commissioner Ross seconded the motion. The original motion was amended to consider the High Ridge motion at a later time for a public safety complex as envisioned by a prior Commission. Vice Mayor Orlove contended the High Ridge property should be part of the workshop bigger discussion. Mayor Rodriguez agreed the 2004 Commission did have the idea for the public safety complex; however, the same Commission in 2006 approved the Downtown Master Plan that retained the complex in the downtown. Chief Immler reiterated if the Police Department had the space now occupied by Fire Station #1 and the downstairs garage space could be utilized, would total approximately 65,000 square feet that could serve the Department well into the future. Commissioner Holzman emphasized the decisions of past Commissions were not necessarily correct and a decision today should not be based on decisions made six years ago. The sale of the most valuable piece of commercial property in the entire City would solve the problems relating to both Police and Fire with borrowing or issuing bonds. It would not cost the taxpayers anything. Vice Mayor Orlove agreed partially, recognizing the future of Fire Station #1 was the key to any plan. He reiterated his contention that the Leisureville property be marketed and workshop the future of the current City Hall, Police Department and downtown in general. Commissioner Hay added there were many questions and comments with off-the-cuff estimates that were not sufficient to make a decision at this time. The workshop would be appropriate and a decision delayed. Commissioner Holzman remarked putting a property for sale does not mean it would necessarily be sold. The value of the property cannot be accurately determined until it is placed for sale and an offer to purchase is received. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 4,2011 Commissioner Ross felt any decision would be premature and understood the High Ridge site had some access issues. Ms. LaVerriere agreed access for a commercial use off of Gateway Boulevard would not be possible due to the proximity of the site to the intersection. Mayor Rodriguez stressed the decision to sell would come back before the Commission. Attempting to sell the property and the workshop could be done in parallel to show the Police the Commission is sincere in finding them a home and taking action. The terms of the sale can be determined if and when a serious offer is received. The property on Congress Avenue that was old Fire Station #2 could also be put on the market with parameters to regulate the sale and occupancy. Motion Mayor Rodriguez passed the gavel and amended the motion to immediately enter into some "for sale" agreement with the Gateway property, property in Leisureville and the property on Congress Avenue and that each one have some specific criteria so there is a back up plan for each one. Commissioner Ross seconded the motion. Vice Mayor Orlove felt the plan was too aggressive and the Congress Avenue (old Fire Station #2) should not be added because it is not available property. Vehicles are stored there and staff currently occupies the space. Mayor Rodriguez would not amend his motion since any agreement could specify the closing date and terms of the sale. Motion Vice Mayor Orlove moved to allow the public to speak on the issue. Commissioner Hay seconded the motion. Vote The motion passed unanimously. Vice Mayor Orlove opened the issue for public comment and no one came forward. Commissioner Hay remained uncomfortable with the numerous private conversations that were ongoing. He thought it should be discussed in a more reasonable atmosphere. Attorney Cherof indicated things were not moving as quickly as perceived. The Commission would be voting on a conceptual approval to move forward in a certain direction. There were many legal requirements involved with selling City owned property. The matter will be returned to the Commission several times to effectuate a 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 sale and approve the necessary contracts with the restrictions that have been discussed. Vote The motion carried unanimously. It was decided Ms. LaVerriere would suggest available Saturday morning dates for a workshop and coordinate everyone's schedule to set a date for the workshop. 11. UNFINISHED BUSINESS A. Approve the job description, qualifications, and process timelines for City Manager search. Julie Oldbury, Director of Human Resources, recalled the chronology of the events relating to the search for a City Manager. Mayor Rodriguez inquired if it was typical to have public interviews and Ms. Oldbury replied in her experience, it was typical. Each Commissioner would meet individually with each candidate and then at a public meeting there would be presentations by the finalists. Only the Commission would be asking questions of the candidates. Attorney Cherof advised it would not be a public hearing. It would be open to the public. Ms. Old bury noted there could be an opportunity for public input into the process. Vice Mayor Orlove appreciated staff's input including the Interim City Manager's background and qualifications. Based on the information provided, he did not feel any further search was warranted. The best candidate was already in the position and he suggested Ms. LaVerriere be appointed City Manager. Commissioner Ross agreed and commented by retaining the Interim City Manager, the learning curve would be shortened. Mayor Rodriguez agreed initially filling the position with the Assistant City Manager was the right decision. He maintained the Commission had a responsibility to assess the field of candidates including Ms. LaVerriere and give the public an opportunity to see and hear the candidates. It is an inexpensive process and Ms. LaVerriere may remain the top candidate. Commissioner Hay asked for an estimate of the cost involved in the process. Ms. Oldbury intended to get the assistance of Work Force Alliance to partner with the City to do the competency assessment; however, she had not received a response to her inquiries. A management assessment could cost $6,595 for the top ten candidates. Those funds were not budgeted. Attorney Cherof added there was no legal obligation to go through a process. Commissioner Hay emphasized it would be an unbudgeted funding. Ms. LaVerriere has had more than 90 days on the job and that was sufficient. He did not feel the process was necessary. 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Commissioner Ross commented she would prefer not using Work Force Alliance. She also did not want to spend monies that were not funded in the budget. Her position was to retain Ms. LaVerriere as the City Manager. Commissioner Holzman stressed that $6,595 was not expensive in the search for a City Manager and monies were spent on many other items that were more inane and benign. The expense may not be necessary and he felt confident the citizens would be happy to see the money spent on something that would affect them every day. He enjoyed working with Ms. LaVerriere and thought she was doing a fantastic job. It was important to get a view of all the candidates and their background to assess the possibilities of each candidate. The Commission owed the citizens due diligence to investigate all possibilities to meet the needs of the City. Mayor Rodriguez noted, in the process, Ms. LaVerriere may find an Assistant City Manager that would be supportive. Vice Mayor Orlove was not sure an applicant for the City Manager position would want to settle for the Assistant City Manager position. Vice Mayor Orlove stressed the two previous budget cycles have decimated the staff and created low morale issues. There is concern regarding jobs being done and department operations. There is no sense of continuity for the future that is needed now more than ever. The learning curve can be lengthy especially in light of the fact the Interim City Manager knows staff, the Commission and how the departments operate. Motion Vice Mayor Orlove moved that the Commission afford Lori LaVerriere an opportunity to become City Manager. Commissioner Ross seconded the motion. Attorney Cherof indicated the retention or firing of the City Manager required a 4/5ths vote under the Code. Commissioner Ross reiterated the position of Vice Mayor Orlove that continuity was needed for the sake of staff and the citizens would appreciate the decision was in the best interest of the City of Boynton Beach. She pointed out Ms. LaVerriere had worked for surrounding towns and cities with excellent contacts throughout the County. It was not uncommon to opt out of the City Manager search and it was not necessary. Commissioner Hay confirmed Commissioner Ross's remarks and advised in his discussion with other members of the League of Cities, Ms. LaVerriere had a positive reputation. He questioned what more could be gained and why further searching was needed. Mayor Rodriguez pointed out Mr. Bressner came from Illinois and ended up being one of the best City Managers in the State of Florida and well respected for 11 years. 14 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Vote The motion failed 3-2 (Mayor Rodriguez and Commission Holzman dissenting). Vice Mayor Orlove ascertained the minimum timeframe would be 90 days before presentations would be made to the Commission. Motion Vice Mayor Orlove moved to have the Human Resource Department begin a search for a City Manager. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public comment. Mark Karageorge, 240A Main Boulevard, contended the citizens, business community, and the employees are impressed with Ms. LaVerriere. At least three sitting official from other cities have positively commented on the professionalism of Ms. LaVerriere. Mr. Karageorge felt Ms. LaVerriere was exceptionally qualified for the position and has moved the City forward in the past few months. He encouraged the Commission to opt out of the process and select her as the City Manager. She has made improvements in a very short period of time. Victor Norfus, 261 N. Palm Drive, supported a search being done. It would give the public an opportunity to have more information on the new City Manager. The search would reveal how other City Managers may see the City and respond to the needs of the citizens. There should be a process that is open to the public so the perception is one of fairness and transparency. Brian Miller, 2515 NE 2nd Court, urged the Commission to reconsider the vote on appointing Ms. LaVerriere as City Manager. She was concerned about the City and developed the new budget in a very short period of time. It would not be fair to Ms. LaVerriere to expect her to perform in the interim. There was discussion relating to the process of obtaining more information from the City of Fort Lauderdale and their search for a City Manager. Attorney Cherof advised a more formal demand would have to be made for all applications received. Commissioner Holzman recalled the instruction had been to contact those candidates. Mayor Rodriguez directed an email could be sent advising them the position was open and how to apply if they were interested. Vote The motion passed unanimously. 15 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Mayor Rodriguez commented Ms. LaVerriere was not being placed in an unfair situation. She has an opportunity to continue the work she is doing now and he felt confident she would continue the excellent job she has been doing. Ms. LaVerriere advised she would continue with her commitment to the City. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 11-023 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) allow Indoor Athletic Instruction / Training establishments in the M-1 zoning district without limiting their size or restricting their location to multiple-tenant buildings on properties fronting on arterial or collector roadways; 2) change the definition of Indoor Athletic Instruction / Training to emphasize athletic activities; and 3) expand the definition of Indoor Entertainment to include indoor playground and play centers. Applicant: City-initiated Attorney Cherof read Proposed Ordinance No. 11-023 by title only, on second reading. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 11-024 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to clarify the methodology used to calculate the maximum wall signage allowed for any given building or tenant space. Applicant: City-initiated Attorney Cherof read Proposed Ordinance No. 11-024 by title only, on second reading. Commissioner Ross inquired if businesses were being notified of the change. Mike Rumpf, Planning and Zoning Director, advised no notification would be sent, but one business was informed because they had attempted to circumvent the Code regulations. Commissioner Hay asked if the regulations apply to handwritten signs. Mr. Rumpf added the proposed change did not relate to handwritten signs specifically, but it did regulate the total area allowed, based on the linear frontage of the building. 16 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Mayor Rodriguez opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 11-025 - SECOND READING - PUBLIC HEARING - Changing all references in the City's Code of Ordinances and any other City records from "Boat Club Park" to now be known as "Harvey E. Oyer, Jr. Park" as previously approved by the City Commission Attorney Cherof read Proposed Ordinance No. 11-025 by title only, on second reading. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Mayor Rodriguez opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. D. PROPOSED ORDINANCE NO. 11-028 - FIRST READING - Approve repealing the City's firearm regulations for consistency with Chapter 2011-109, Laws of Florida, which preempts firearm laws and regulation to the State. Attorney Cherof read Proposed Ordinance No. 11-028 by title only, on first reading. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vice Mayor Orlove inquired about the possible need for additional security for City buildings to deal with those who have concealed weapon permits. Chief Immler acknowledged there could be a problem whether an individual is admittedly armed or covertly armed. The new law would not change the security needs. The Commission had previously considered using metal detectors to scan those attending meetings and search their bags. 17 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 Attorney Cherof expounded when laws change it is brought to the attention of the Commission and, if necessary, amend the Code. The request was simply to amend the Code to State statute. A determination then has to be made if there would be any other operational impacts of the new law. There is an assessment being done to review the current procedures, the reaction of other municipalities, and the interpretation of the Courts. If security issues were a concern, it would be brought to the Commission's attention. He cautioned that many issues regarding the security of public buildings is confidential and not a public record and not always brought to the Commission for consideration. There was discussion relating to the practice in other cities and basis for the installation of magnetometers. Chief Immler recalled there had been discussion in the past. Ms. LaVerriere added it was a money issue at the time. The cost was over $50,000. Vote City Clerk Prainito called the roll. The vote was 5-0. E. PROPOSED ORDINANCE NO. 11-029 - FIRST READING - draft Lobbyist Registration and Disclosure of Lobbying Activity Ordinance. Attorney Cherof read Proposed Ordinance No. 11-029 by title only, on first reading. Commissioner Holzman wanted assurance there would not be a per incident charge for any referral to the Inspector General's office or Commission on Ethics and Attorney Cherof concurred. There was also the question if some costs could be assessed to a person found to be in violation. Attorney Cherof advised there could be a provision for penalty that would offset the City's administrative costs. There could not be an ordinance provision that prescribes a penalty based upon the administrative costs incurred by another governmental entity or subcomponent. Commissioner Hay offered there was a computerized system available that establishes a database, by cities, of all registered lobbyists. Attorney Cherof added there had been some effort to have a consolidated lobby registration procedure and database. Ms. LaVerriere advised the League of Cities was working with the Commission on Ethics to draft a proposal. Vice Mayor Orlove sought an explanation on the cone of silence provision. Attorney Cherof responded there is a cone of silence any time an RFP (Request for Proposal) is public from the deadline for the submittal of the proposal, until the date the Commission disposes of the proposals in their entirety. Time prior to the deadline for submittal is not regulated under the cone of silence. Vice Mayor Orlove thanked the City Attorney for his work on the issue and the ordinance. 18 Meeting Minutes Regular City Commission Boynton Beach, FL October 4,2011 Mayor Rodriguez wanted to include bargaining units in the definition of a lobbyist. Attorney Cherof indicated it could be added. The new ordinance does reflect a different definition of lobbyist to conform to the County's definition. Mayor Rodriguez contended the bargaining unit and City officials should be held to the same standards as far as notification and disclosure before voting on an issue. Commissioner Holzman agreed. Vice Mayor Orlove argued the proposed ordinance indicates an employee is not considered a lobbyist. Mayor Rodriguez thought those employees titled within a bargaining unit should register if they are lobbying and it should be disclosed. Attorney Cherof noted some union officials are paid to do so and others are not. They would not fall under the definition of a lobbyist unless the end result of the contract was considered compensation. Attorney Cherof did not feel it would apply. There are two components to the ordinance. One is the registration and the other is the disclosure. Unions could be made to register and disclose or unions could register and the City official have the responsibility to disclose. Vice Mayor Orlove disagreed and opined the City's definition should be consistent with the County definition. Commissioner Ross agreed it should be consistent. Attorney Cherof would give the input to the County if a County-wide registration system was initiated. The ordinance could be amended in the future. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. F. Request for a closed door session to be held at 5:45 p.m. on October 18, 2011 regarding BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter- Defendant, vs. CITY OF BOYNTON BEACH, DefendantlCounter-PlaintifffThird- Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant. - Case No. 502008CA030196XXXXMB(AB) Attorney Cherof requested a closed-door session at a public meeting. The case is Boynton Beach Mausoleum, Inc. versus the City of Boynton Beach. The session would involve approximately 45 minutes of discussion. 14. FUTURE AGENDA ITEMS A. Revisions to restrictions for vehicle size in residential districts - 10/18/11 B. Draft Economic Development Plan for the City of Boynton Beach - 10/18/11 19 Meeting Minutes Regular City Commission Boynton Beach, FL October 4, 2011 C. Report from Branding Committee - 10/18/11 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:04 p.m. CITY OF BOYNTON BEACH e ;tic,. MC ATTEST: ~LLt;bz; Y/k J ith A. Pyle, CMg1 eputy City Clerk 20