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Minutes 02-19-13 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 19, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L Hay, Mayor Lori LaVerriere, City Manager Mack McCray, Vice Mayor James Cherof, City Attorney Jerry Taylor, Commissioner Janet Prainito, City Clerk Steven Holzman, Commissioner Wayne Segal, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C Pledge of Allegiance to the Flag led by Mayor Hay Mayor Hay called the meeting to order at 6:31 p.m. and welcomed those present. The invocation was given by Commissioner Segal and Mayor Hay led the Pledge of Allegiance to the Flag. D Brand Promise Statement The brand promise statement was read: "It is time to take a look at Boynton Beach; grow your family, business and garden in a cultural mosaic of diverse, affordable neighborhoods." Mayor Hay announced the City had lost a great asset in the passing of Chuck J. Magazine, Risk Manager, on February 17, 2013. A tribute was read and presented to Andrew Magazine, his son. A special thanks was given to the first responders and 911 dispatchers who tended to him with love and care in his final moments. Mayor Hay commented Mr. Magazine was well liked and if you wanted an answer he would respond whether you liked the answer or not. He attended all City functions and activities and will be missed by all. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Holzman pulled Item 6.F. 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Vice Mayor McCray noted a correction in Item 3.A that March should begin with a capital M. Commissioner Segal advised he also wanted to pull Item 6.F. Lori LaVerriere, City Manager, requested to add an item for discussion of the City hosting a candidate forum. It was added under New Business as 12.A. 2. Adoption Motion Commissioner Taylor moved to approve the agenda. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Segal had attended the International Art Symposium and the Barrier Free 5K Run, the Chamber of Commerce luncheon that included a candidate forum and a ribbon cutting for Buca di Peppo restaurant at the Boynton Beach Mall. Mayor Hay added he had been at the Tuskegee Airmen presentation at the Senior Center He also attended the events mentioned by Commissioner Segal. In addition, Mayor Hay had gone to the Temple Beth Kodesh Annual Gala Affair. It was well attend and quite an event. Mayor Hay commented he was pleased to see most of the Commissioners attending the functions and it was a joy to represent the City of Boynton. He thanked them for their participation. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim February 24, 2013 - March 2, 2013 as Eating Disorders Awareness Week. Sharon Glynn, LPN, Director of Programming for the Alliance for Eating Disorders will accept the proclamation. Mayor Hay gave an overview of the proclamation for Eating Disorders Awareness being recognized from February 24th thru March 2nd The non - profit, Alliance for Eating 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Disorders is dedicated to providing programs and activities aimed at outreach and education related to health promotion including all eating disorders, positive body image and self- esteem. B. General & Special Election Proclamation - March 12, 2013 - presented by Mayor Woodrow L. Hay Mayor Hay proclaimed a General Election would be held in the City of Boynton Beach on the 12 day of March, 2013 to elect one Mayor at Large to serve a three -year term expiring in March, 2016, one Commissioner for District I and one Commissioner for District III and a special election to elect one Commissioner from District IV to serve a one -year term, expiring in March, 2014. Voting hours are between 7 a.m. and 7 p.m. The polling places were listed. Mayor Hay encouraged everyone to vote because it is an important election for the City of Boynton Beach. There were also four Charter changes that were on the ballot to be decided by the voters. City Clerk Prainito pointed out there were copies of the proclamation available for the public. It lists all the polling locations and includes the questions as they will appear on the ballot. C. Announce the 2013 South Florida Police K9 Competition to be held on Saturday, March 2, 2013 at the Boynton Beach High School from 10:00 a.m. - 6:00 p.m Admission is Free to the Public. No pets allowed. Mayor Hay announced the K9 competition to be held on Saturday, March 2 at Boynton Beach High School. Admission would be free. Mayor Hay pointed out there had been an incident at the Barrier Free Park 5K Run that an unleashed, small dog was fatally injured. It is important that the rule of no pets be obeyed. D. Proclaim the month of March 2013 as the City of Boynton Beach Firefighters Appreciation Month and commend all of the City of Boynton Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. Mayor Hay gave a synopsis of the Proclamation for the month of March as Firefighters Appreciation Month on behalf of the Muscular Dystrophy Association. The programs and events are provided at no cost to local families. It is a tribute to the Boynton Beach Firefighters for their efforts in collecting funds for the Muscular Dystrophy Association. Fire Chief Ray Carter announced the boot drive would begin in late March this year for three consecutive weekends collecting on the corners. They understood economic times are tough and they did not want anybody to give that does not have the ability to 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 do so. If you can, be cooperative and the support was appreciated each year to fight neuromuscular disease and find a cure. Since 2004, the Boynton Beach Firefighters raised just over $211,000 and he thanked the citizens for the accomplishment. Brandi Miller, a representative from the Muscular Dystrophy Association (MDA), thanked everyone for their support. She presented certificates of appreciation to the Commission and the Fire Department. She explained the money is raised to help individuals and families that live within the community and have neuromuscular diseases. All monies raised stay locally. E. Announce 2013 Candidate Forum for the March 12, 2013 Municipal Election to be held on Thursday, February 21, 2013 - Organized by the Greater Boynton Beach Chamber of Commerce The candidate forum scheduled for February 21 was announced. It was organized by the Greater Boynton Beach Chamber of Commerce. Mayor Hay noted there were four seats on the Commission to be filled and it would be a major changing point for the entire City and its future. 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 Floering, 417 NE 6 Avenue, advised he had received a phone call from Sara Rodriguez, suspended Mayor Jose Rodriguez's wife, to meet with him and Lisa Bright. At the meeting Ms. Rodriguez made serious allegations about Commissioner Holzman and the suspended Mayor, both governed by the Sunshine Laws. She indicated on numerous occasions, Mayor Rodriguez and Commissioner Holzman met at their house, in the kitchen and discussed City business and City issues. It was contended that Barbara Ready, a Board member at the time, was also present, as was Marie Horenburger, a registered lobbyist. Ms. Rodriguez asserted the meetings happened routinely and within the last two years covered by the Sunshine Law. Mr. Floering advised Ms. Rodriguez and Lisa Bright were willing to give statements. He wanted Chief Immler to initiate an investigation within the next 15 days and call the appropriate authorities to investigate the possible violations of the Sunshine Law or he would use his usual channels with the State Attorney's office. Mr. Floering was not going to mention the meeting until he heard that Commissioner Holzman refused to go to a candidate forum to avoid violating the Sunshine Law. If the City is going to make a fresh start, there will have to be a major turnover in some of the politicians currently seated according to Mr. Floering. He felt there needed to be stronger laws enacted because Boynton Beach has a problem with its political structure that encourages hiring 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 lobbyists and a pay -to -play culture. He predicted the hotel proposed by Leisureville would end up in a law suit because there are lobbyists and lawyers involved currently. Barbara Kaczmarczyk, 1802 West Ocean Drive in Palm Beach Leisureville, updated the Commission that her group had raised the consciousness of the neighborhood and garnered 1,400 signatures on a petition against the concept of building a hotel in the vicinity. The protest walking on Thursday afternoons would continue because they were, "committed that the hotel never see the Tight of day ". Peter Senftleben, 119 NW 14 Street in Palm Beach Leisureville, agreed with Ms. Kaczmarczyk that there was no need to have a five -story hotel next to a one -story condo where senior citizens live. He did like the branding and felt everyone should join in the effort. It is a new direction, with a new Commission. He suggested there be an incentive for the employees to live within the City such as a tax abatement. If the employees do not want to live in the City, the branding will not mean much to everyone else. He repeated the branding is a great idea and Boynton will take off and he wanted to be able to see it all happen. Caitlyn Ruiz, representing the Green Team of St. Mark Catholic School, 730 NE 6th Avenue, had brought along Ms. Eubanks, a science teacher and Green Team leader, Katrina Ybanez, Mary Killian and the Master Plastic Monster Baggie, India Roehrich. The group was requesting more 25 gallon blue recycling bins and a fee waiver for the additional bins to be collected weekly. Katrina Ybanez, a student at St. Mark Catholic School, was not only a Green Team member, but also participated in the first ever, Solid Waste Authority 3R Ambassador Program along with two other students. The program taught then more about the importance of recycling. It was their goal to create a school project to fulfill the requirements of the program by initiating a more intensive recycling program at the school. Mary Killian, President of the Builders Club and the Green Team from St. Mark Catholic School, advised there was only one 25- gallon blue recycling bin and they pay $18 a month for weekly collection. At times it has not been collected during a given week. She felt the school could use three 25- gallon bins outside for weekly pickup and three inside. It would only be needed during the school year, August through June. The cost would be prohibitive for the small Catholic School to handle as it would increase the bill from $18 a month to $54 to a month. Master Plastic Monster Baggie, India Roehrich, wore an outfit made of 900 plastic bags representing the number of bags used per year by each person that could all be recycled. The Monster resided at St. Mark Catholic School and around the community and in the ocean, Mangrove Park, streets and intracoastal waterway. If you do not help, the Monster would continue to contaminate the environment and drastically clutter the landfills. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Ms. Ruiz reiterated they requested five additional blue bins for the School at no additional cost. Three bins would be placed inside and three bins would be on the street for weekly collections for a fee of $18 per month. Commissioner Taylor thanked the group for their presentation and directed the Team to speak with Jeff Livergood, Public Works Director, who appeared to support the request. Ms. LaVerriere advised the bins would be delivered tomorrow. Dr. Piotr Blass, 113 West Tara Lakes Drive, supported the request of the students and suggested an additional bin may be appropriate. He also noted his objection to a hotel being built next to Leisureville that was close to his residential neighborhood. Dr. Blass advised he had been working with the City Clerk for several years getting ready for the upcoming election. He was hoping to be a candidate for Mayor. He wanted to create the University of Boynton and have President Obama's programs fully implemented and the name changed to Boynton Obama Beach as a concept. He had submitted 93 signatures to the Supervisor of Election office around noon, the qualifying time. A disabled lady assisted Dr. Blass who checked all the signatures and found only 10 valid names. Dr. Blass felt the figure was inaccurate. He returned to the Supervisor's office and met with Susan Bucher and had petitioned Janet Prainito, City Clerk, requesting a recount. He considered himself a candidate for Mayor possibly as a write -in candidate. He would donate any salary as Mayor back to the City. He did not feel he should drop out of the race because of a technicality or miscount Audrey Gerger, 331 NW 1 Avenue, President of the Boynton Beach Garden Club, had discussed the possibility of having an award for public place landscaping. It would be a project that would give the Club the opportunity to win an award. She needed to know how to proceed and who to contact. It would need to be a small area within the City that the Club could maintain on a weekly basis. Mayor Hay directed her to speak with Jeff Livergood, Director of Public Works. David Katz, 67 Midwood Lane, suggested the vacant park in the Meadows may be a possibility for the Garden Club. He also advised the Chamber of Commerce luncheon was not really a candidate forum, rather a meet and greet Amazingly, Commissioner Holzman did not attend. Commissioner Holzman had asked the City Manager to get a ruling from the Commission on Ethics and it was indicated he could attend. The City Attorney gave a ruling and Mr. Katz suggested maybe he was paid to do that. Mr. Katz felt Commissioner Holzman, as a candidate for Mayor, should go to every candidate forum. It speaks of his character and his commitment to the City. On another issue, Mr. Katz complained that the campaign reports filed by Commissioner Holzman were almost illegible. He asked the City Clerk to request Commissioner Holzman to supply a more legible candidate expenditure form and contribution forms for the ones submitted and future submittals. 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Ralph Skarecki, 1331 Federal Highway, commented the political season is evident by the media coverage and voice of the homeowners. He did not support Commissioner Holzman, but felt it was unfair of him to sit and have to listen to what has been asserted. He contended Boynton Beach was getting dirty and pointed out there had been a boat trailer parked on SE 13 and SE 3 for over three months, on a sidewalk, at an intersection. He was dissatisfied that safety was not a concern and that employees going to the Dunkin Donuts had not seen the violation and has not mentioned the problem. The representatives should tour the City more often to see the problems. He supported the Commissioners for giving their time to the City, but contended the City was getting dirty and should be cleaned up to make Boynton Beach a better city. Mr. Skarecki indicated, on Gateway between 1 -95 and Federal Highway, many of the houses are in poor condition and there is a trench in one front yard that has been there for over two months. He realized the City was attempting to renovate the downtown area, but if the City continues to deteriorate, it would not get any better. He suggested Boynton Beach was a boating community and a boat supplier with a store may attract more boaters with money to spend. They can add cash flow to the community. Mr. Skarecki advised he was offended by the re- naming of Veterans Park to Ocean Avenue Park. The Park should have been named after someone who served for the City or a veteran who died for this country. The Commission took the politically correct route and merely named it Ocean Avenue Park. He supported the City Manager and suggested she be given her raise and the City could move forward. Ms. LaVerriere had managed a four person council and should be given her raise. Sunny Garcia, 1631 NW 3 Lane, did not know who got rid of the landscapers, but the medians needed attention. The hedges are very high and someone could get hurt and the City sued. He demanded all the hedges be trimmed as soon as possible. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Library Board: 1 alternate Planning & Development Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 2 alternates Mayor Hay pointed out there were two alternate positions open for the Financial Advisory Committee and asked the Commissioners assigned to those openings to yield to Commissioner Taylor to appoint a regular member. Commissioners Holzman and Segal agreed. Motion Commissioner Taylor nominated Fakhry Boulos. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Segal nominated Stephen Palermo as an alternate for the Planning and Development Board. Vice Mayor McCray 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. PROPOSED RESOLUTION NO. R13 -015 - Approve the agreement between the City of Boynton Beach and the Executive Estates Of Boynton Beach Homeowners Association, Inc. (Citrus Glen) to provide for police enforcement of traffic violations on private and limited access roads within the Association's area of control. 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 B. PROPOSED RESOLUTION NO. R13 -016 - Approve and authorize execution of an Agreement for Water Service outside the City Limits with Bluebird Land Trust for the property at 1200 Highview Rd., Lantana, FL. C. Approve and authorize the purchase of Dell desktop computers and monitors for various city departments and utilities divisions by piggybacking the State of Florida Contract number 250WSCA10ACS in the amount of $72,165.59. D. Accept the written report to the Commission for purchases over $10,000 for the month of January 2013. E. Approve the minutes from the Regular City Commission meeting held on February 5, 2013 F. Approve the request from Oceanside Beach Service, Inc. to waive lease payments for October, November and December 2012, and reduce the January 2013 payment by 50 %. (TABLED ON FEBRUARY 5, 2013) Motion Commissioner Holzman moved to remove the item from the table. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Commissioner Holzman wanted the additional information requested by Commissioner Segal from the last meeting. Wally Majors, Director of Recreation and Parks, advised the vendor was present. The first issue related to whether the owner of the business had business interruption insurance and Mr. Majors reported he did not have that coverage. It was also suggested that the owner of the business attend the meeting to answer any questions. Mr. Majors did indicate the vendor did adjust his request for a fee reduction to simply 50% off the lease payments for the months of November, December and January. The request was to waive a total of $3,100. Michael Novatka advised he had a check for $7,400 to give to the City and the waiver of $3,100 would bring him up -to -date on the payments. Commissioner Holzman inquired if the contract addressed late payment of rent. Mr. Majors was unsure, but advised Mr Novatka did contact the City in a timely manner and acted in good faith. Commissioner Holzman inquired of Mr. Novatka if the payments would be timely received going forward. Mr. Novatka indicated the beach was coming back nicely and the payments would not be a problem. The issue was two of the three walkways were 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 closed. Commissioner Holzman thanked Mr. Novatka for coming to the meeting and it made his decision to approve easier. Mayor Hay agreed with Commissioner Holzman and Mr. Novatka showed goodwill in coming forward and addressing the problem. The beaches are coming back and it should be good for business. Motion Commissioner Taylor moved to approve the reduction as stated. Commissioner McCray seconded the motion. Vote The motion passed unanimously. G. PROPOSED RESOLUTION NO. R13 -017 - Support the proposed Grades K- 12 CONTINUUM OF S.T.E.A.M. (Science, Technology, Engineering, Arts, Mathematics) Magnet Programs at Galaxy Elementary School, Congress Middle School, and Boynton Beach High School H. PROPOSED RESOLUTION NO. R13 -018 - Calling on the federal government to reduce gun violence in America and help prevent future mass shootings through passage of: the Fix Gun Checks Act, which would require a background check for every gun sale and ensure that all criminals and other dangerous people who are prohibited from buying a gun are listed in the national instant criminal background check system; as well as legislation that would keep military-style weapons and high- capacity magazines off our streets, and would make gun trafficking a federal crime Commissioner Taylor recalled that a member of the audience had asked to speak on Resolution No. R13 -018. Attorney Cherof advised the speaker had used his full three minutes. Vice Mayor McCray wondered if the time limit could be waived and Attorney Cherof advised the Commission could waive their own rules by motion. Motion Vice Mayor McCray so moved. Commissioner Taylor seconded the motion Vote The motion passed unanimously. Vice Mayor McCray advised he had pulled the item so there could be audience input. 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Ralph Skarecki, 1331 Federal Highway, thanked the Commission for the opportunity to speak He did not like the item was on the agenda to talk about gun control. He knew no one wanted anyone to get shot. It is a federal issue and not a City issue or a political issue. He did not like the fact a large majority of people in Boynton Beach are gun owners and they would not approve of this action. Mr. Skarecki advised he was not a gun owner, but did not want his rights taken away from him in any way. He particularly did not want any representatives from a City he loved to advocate something he was strictly against. He hoped the offer could be rescinded and the issue never arises again. Mr. Skarecki stressed crime was down in Boynton Beach and this was not needed. David Merker, 8 Southport Lane, thought the Commission's action to do a check and balance on people who have guns is very important. Controlling who has guns is very important for children who should not get injured or die. There are people who own guns who are honorable citizens and within their rights to own guns. A checks and balance for the sake of humanity and children is an important thing for every city regardless of size. Adopting the resolution was essential and Mr. Merker thanked the Commission for their approval. Vice Mayor McCray related his observations as a resident in the Cherry Hill neighborhood and he is awakened many nights from gunfire. There is a group called Bury the Violence that was organized after two young ladies were fatally shot. Whether it is federal, state or local, a checks and balances system is needed. Motion Vice Mayor McCray moved to approve Resolution R13 -018. Commissioner Taylor seconded the motion for discussion. Commissioner Taylor pointed out it was not a local resolution. It was asking the federal government to reduce gun violence to prevent future mass shootings through the passage of a Fix Guns Check Act. Vote The motion passed unanimously. I. PROPOSED RESOLUTION NO. R13 -019 - Accept and authorize execution of the proposal dated February 14, 2013 with Marine Engineering & Construction, Inc. of Boynton Beach, FL to provide barge services to the City of Boynton Beach for July 4th fireworks display for the years 2013 -2017 for an annual expenditure of $15,000. 7. BIDS AND PURCHASES OVER $100,000 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 A Award the Bid for "TWO YEAR CONTRACT FOR LANDSCAPE MAINTENANCE" Bid #020 - 2730- 13 /JMA to Creative Lawn Maintenance, Enviroscapes Plus, First Genesis Lawn Service, BG Katz Property Maintenance, LV Superior Landscaping, Latona View Lawn Care, Novo Arbor, Phoenix Landscape Service, Superior Landscaping, and Vincent & Sons Landscaping. The estimated annual expenditure is $972,573 which includes the award amount of $628,297 and $344,276 for additional services for Nuisance Abatement, Median Restoration, Arborist Services for Utilities, and unforeseen requests. The bid allows for three (3), one (1) year renewals. Motion Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Vice Mayor McCray confirmed the vendor had adequate insurance coverage. 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. 13 -004 - FIRST READING - Approve abandonment of a portion of the 35 -foot wide Galaxy Way street right -of -way running in a north -south direction for a distance of approximately 430 feet, in conjunction with the modernization of Galaxy Elementary School. Applicant: Michael Owens, School District of Palm Beach County. Attorney Cherof read Proposed Ordinance No. 13 -004 by title only, on first reading. Ed Breese, Principal Planner, explained the Palm Beach School District was requesting to abandon a portion of Galaxy Way in conjunction with the restructuring of Galaxy Elementary School. The right -of -way currently cuts through the center of the School and is totally surrounded by the School. It serves only the School property. All the utilities have signed off on the abandonment. It is a housekeeping matter since the 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 construction has been ongoing and the right -of -way no longer serves a public purpose. Staff recommended approval of the request. Motion Vice Mayor McCray offered a motion to approve. Commissioner Holzman seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED RESOLUTION NO. R13 -020 - Approve amendment to the Neighborhood Stabilization Program 1 (NSP1) Action Plan and authorize the Mayor and City Clerk to sign the NSP Substantial Amendment. Attorney Cherof read Proposed Resolution No. R13 -020, by title only. Motion Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Commissioner Holzman wanted further explanation on the affects of the amendment and what it really meant. Nancy Byrne, Director of Development, explained the Resolution and the next agenda item amended the NSP1 Program and taking money that had been allocated five years ago to administrative costs. The funds were set aside for an employee that subsequently retired and the money was unexpended. If the time limits are not met, the money goes back to HUD. The program is being amended to move it over to the CDC to be used for closings on Ocean Breeze West. Commissioner Holzman inquired if there was any reason the City itself could not use the money for foreclosure assistance. Ms. Byrne replied if the City processed the paper, each foreclosure would have to come before the Commission which required too long of a lead time and the properties are lost. The CDC does not have to follow the same process and can react faster to the need. Staff recommended approval. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R13 -021 - Approve amendments to the Neighborhood Stabilization Program (NSP1) Developer Agreement between 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 the City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation (BBFBCDC). Attorney Cherof read Proposed Resolution No. R13 -021, by title only. Motion Vice Chair McCray moved to approve. Commissioners Taylor and Holzman seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Hear presentation and update of the Utilities Department CIP Projects. Kofi Boateng, Utilities Director, mentioned the utilities program was very asset intensive including underground and aboveground infrastructure. The Department is not supported by the property taxes, rather the user fees support the day -to -day operations and to repair, renew and replace the infrastructure. It is the basis for the CIP projects. There are 11 key projects with an overall budget of approximately $70 million. The majority of the projects would be implemented by the end of 2013 or early 2014. The funding consists of three funds; 403, 404 and 410. The 403 fund is also referred to as R &R or Repair and Replacement. The revenue source is user charges net of operating expenses. There is a balance of $5 5 million and hope to bring in another $22.5 million. The next fund, 404, is referred to as the CAP fees and receives revenues from new developments. It is used to support expansion projects. There is a current balance of $18.6 million and it should accumulate $650,000. Fund 410 has revenue from bonds and covers projects not supported by the two other funds. It has a $20 million balance with anticipated additional revenue of $23 million over the next five years. There is $90.6 million projected to support the projects that are in the CAP program. To reduce cost and deliver on time, the projects have been arranged in four groups. The "A" group consisted of neighborhood projects that would improve the water and stormwater services. Group "B" projects are the pipeline interconnect that would assist in moving raw water from the West Plant to the East Plant for treatment. The West Water Treatment Plant has surplus water, but limited treatment capacity. The project would exploit the extra raw water capacity at the West Plant and the additional treatment capacity in the East. It is the future water supply plan for the next 15 years. 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Group "C" projects involves retrofits and upgrades needed to process the water brought in from the West Plant. The reclaimed water program would extend the reclaimed water services to additional customers within the service area. There are four neighborhood projects including the central Seacrest project funded by bond issues and Boynton Estates is an improvement project at $4.2 million that will be funded by bonds. Before the projects start there will be outreach in the communities to explain to the customers what they should expect. Commissioner Holzman questioned if they were confident the records were up -to -date and not just digging to find problems. Mr. Boateng was confident and indicated the project was prolonged because they wanted to be sure all the older pipes causing water difficulties were identified. The Pence Park Lift Station project would improve the sewer services to the east quadrant of the service area. A new force main for the lift sewer pipeline had been installed to serve the east quadrant and relieve the burden on the existing pipe along Congress Avenue. This project would help manage the interconnection between the old trunk line and the new force main. The budget is $400,000 and the revenue will be from the CAP fees. A chart of the schedule for the projects was explained reflecting the RFQ period, bidding period, bid award timeframe and finally construction. The central Seacrest project would start in April and continue over the next three years. The first part to be done in about a year and a half and the other would follow. Boynton Estates improvements should start in March with construction starting in June and continue for one year. The Pence Park project would be about the same time schedule. The Congress Avenue valves will require at least five months of designs, with bidding in August and construction starting in November. Vice Mayor McCray inquired about the central Seacrest project and the length of the project. Mr. Boateng replied it is north to Boynton Beach Boulevard, west to 1 -95, south to Woolbright and east by the railroads. All streets within the corridor will be affected and pavement improved and possibly swales. Outreach will be scheduled for the residents. No one would lose any property. Commissioner Taylor wanted to make Mr. Boateng aware there is a company that can x -ray underground and give the exact location and condition of the pipes. He would share that information. Mr. Boateng advised in future projects those services may be utilized. Mr. Boateng continued that the raw water interconnect is a 36 inch line, six miles long. It is divided in three sections with section "A" completed. Section "B" has a budget of $7.3 million and coming from the CAP fees. Section "C" is $6.1 million and would come from the CAP fees. 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Commissioner Holzman asked when the filtered gray water to the homes in the east side of the City would be available. Mr. Boateng indicated he would be presenting that data. Mr. Boateng advised the timelines for the two remaining sections would run parallel with a month lag between the processes The "C" projects involve three different segments. The first phase is the water treatment and pump station. It would allow treatment of the water in the West Plant before it is pumped to the East Plant. The chemistry of the water differs from the West to East Plants. The budget is $17 million and the revenue will be from CAP fees and R &R fund. The ground water rule is an unfunded, regulatory mandate, which would help improve the quality of water. It will cost $750,000 from the CAP fees. The East Plant rehab would assist in processing the additional water from the West Plant. There will be upgrades and retro fittings in the treatment basins and pumps to process the water. The budget is $8 million and it will be CAP fees and R &R funds. The East Plant storage project is $4.26 million for additional storage to manage the extra water. The schedule for the three projects is similar because the projects have to be well coordinated because of the interaction that will be involved in building the project. It is hoped the construction would start by May and continue through 2015. The purpose of the reclaimed water project was to extend it to additional users with three phases. The first phase was run through the Country Club of Florida, Hunters Run, Quail Ridge, Pinetree and Delray Dunes. The second phase starts from Golf Road and Congress extending east along Golf Road and turns on Seacrest and makes a turn on SE 6 Avenue and goes up SE 4 Street. The third phase is for potential customers and covers about 30 potential customers. It was planned to spend $2 million a year to extend the reclaimed water services to those customers. Phase I and 2 are done and currently phase 3 is to be completed over the next five years. A connection was just made to include Galaxy Elementary School. Commissioner Holzman was concerned that all the neighborhoods on the east side were not included, such as Sterling Village or Seagate. Mr. Boateng advised if they were not listed they were probably already connected. The City had great foresight and started planning for the use of reclaimed water back in 1983 with a Master Plan established in 2003. It is also part of the consumptive use permit with the South Florida Water District. Commissioner Holzman reiterate many communities were not included in the lists and he wanted to be sure everyone in the City would be able to use reclaimed water. Mr. Boateng further explained in some areas the line is available and the communities have to make the connection into the line. Ms. LaVerriere advised it was an option for the communities and not a requirement. The City cannot mandate communities to hook up. 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 The higher users were a priority at this point rather than private, single - family residences. These are huge projects and required bonding and refinancing some utility bonds. The City will be torn up in several areas over the next few years. Vice Mayor McCray inquired about the status of the permitting and Mr. Boateng responded they were on target. There are certain standards to be followed, established by the Florida Department of Environmental Protection. The only permit for the reclaimed water was the Galaxy Elementary project that just recently completed. In summary, the total expense for all projects was $70 million funded from CAP fees, bonds and fund 403. Mayor Hay thanked Mr. Boateng for the update. 11. UNFINISHED BUSINESS A. Discuss and approve City Manager employment agreement. Vice Mayor McCray asked Ms. LaVerriere what her salary was when she served for the 18 months and not being the City Manager. Ms. LaVerriere explained she was appointed in June of 2011 and in August the Commission raised her salary to $140,000 which was only a couple thousand more than the senior department heads. Commissioner Taylor had reviewed the contract and he knew Ms. LaVerriere's background. She has extensive experience as a manager in County government before being a City Manager in Manalapan and Village of Golf. She was then hired by Kurt Bressner which spoke volumes for her qualifications. Commissioner Taylor was Mayor when Ms. LaVerriere was hired as the Assistant City Manager and worked with her. She was placed in a tough position with the Finance Director retiring and now there is the Toss of the Risk Manager. She has held the City together under some tough circumstances with communication issues with members of the Commission making the job even harder. She has worked admirably and kept her poise through the entire process. This year's budget started with a $16 million deficit and she was able to balance the budget. Boynton Beach is the third largest City in Palm Beach County and two larger cities have City Managers with salaries that exceed $200,000. Recruitment of a new manager would have cost a substantial amount of money. There are major issues ahead for the City and the City Manager has to be able to deal with those issues and he contended Ms. LaVerriere was the right person for the job. Commissioner Taylor had extensive experience in judging character of managers and he had worked with Ms. LaVerriere and knew what she could do. He noted the contract required the pay increase be retroactive to December when she was appointed City Manager, with a review of her performance in ten months. He proposed the salary be set at $163,000 with 8% for deferred compensation, and pay insurance costs for her dependents. Allowing the City Manager to have a City car rather than a car allowance 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 would create some savings for the City. Commissioner Taylor also noted Ms. LaVerriere lives just outside the City limits and moving her into the City would cost $10,000 to $15,000, so the condition of residency should be waived. Commissioner Holzman agreed Commissioner Taylor had brought up some good points. Looking back at experience and the City's current position, Commissioner Holzman felt Ms. LaVerriere has only 18 months of experience and has been elevated from Interim City Manager to City Manager without an evaluation. He did agree there would hopefully be an evaluation next December. Given the fact her salary was raised approximately $30,000 when she was appointed City Manager to $140,000, the City's highest paid employee, Commissioner Holzman contended Commissioner Taylor's proposal was too high. In all fairness and to avoid any confrontation, Commissioner Holzman recommended a salary of $150,000 to provide a $10,000 raise made in good faith to achieve consensus, although he really felt $140,000 was sufficient. It is important to require the City Manager to live within the City of Boynton Beach and shows the executives care about the City, not only as an employee, but also as members of the community. The accrual of sick leave and vacation accrual was not for public employees and should not be allowed. The severance was requested at the maximum of 20 weeks and Commissioner Holzman felt it should not be allowed, but if it is, it should be gained on a yearly basis, such as one month for every year. It would be an incentive for her not to leave the City of Boynton Beach. Her insurance costs should be the same as all other employees. With regard to the car allowance, he was in favor of the use of a City car if she lived within the City of Boynton Beach. In his estimation, his recommendations would constitute a fair contract and provide the citizens some comfort that the Commission is watching their tax dollars and rewarding Ms. LaVerriere for being the City Manager. Mayor Hay indicated he helped put the package together with the City Attorney after reviewing the contracts in other cities with comparable populations. He agreed with Commissioner Taylor and the salary of $163,000. He did not agree with the package Commissioner Holzman proposed. She is the City Manager and should be treated accordingly. Only one other person was considered for the position and Commissioner Holzman was ready to give him an entire package. Ms. LaVerriere has demonstrated that she can make the hard decisions and the atmosphere in the City has changed for the better with her in charge. She won't be the top paid City Manager in the County, but the $163,000 is appropriate. Vice Mayor McCray would agree with the $163,000. He recalled when he was appointed, Ms. LaVerriere met him with open arms and the relationship that has been established he cherishes. It bothered him that she remained Interim City Manager for so long. She was doing more than a City Manager was required to do. In view of the amount of money saved over the last 18 months by not giving her due diligence, he suggested a salary of $165,000. 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Commissioner Segal agreed with the Mayor, Vice Mayor and Commissioner Taylor and their comments. He would go along with a salary of $165,000. As his prior boss, she was very motivational and inspired the employees and had their respect. Things were starting to get done. He thought the City had the leadership that it needs and he was in favor of going forward with the contract including a salary of $165,000. Mayor Hay agreed to a salary of $165,000. Commissioner Taylor acknowledged the money is in the budget. Motion Vice Mayor McCray moved that the City Manager receive $165,000 a year with the severance and benefit package that Commissioner Taylor had proposed. Commissioner Taylor seconded the motion. Commissioner Holzman confirmed Vice Mayor McCray's motion included the benefits and 20 weeks severance package. Vice Mayor McCray noted it was as outlined by Commissioner Taylor. Mayor Hay opened the issue for public comment. Attorney Cherof advised according to the motion, the only modification from the draft would be in section 2.1 relating to the salary change to $165,000 and all other paragraphs remain as drafted. Victoria Castello, 406 S. Seacrest Boulevard, liked the City Manager; however, she questioned why the decision was being made at this time since the only elected officials are Mayor Hay being elected from his District and Commissioner Holzman who represents District III. She is an accountant for her firm and thought she had been represented well She speculated what would occur if the newly elected members in March would decide otherwise on the huge severance package. Commissioner Taylor recalled that Kurt Bressner had a one -year severance that was normal throughout the State. It was recently changed by the State that the maximum can only be 20 weeks. Cliff Montross felt he was stuck in the middle as a candidate running for Mayor. He was surprised to hear candidates give an opinion on the issue at this time. He agreed with Ms. Castello that four individuals may not be on the dais in four weeks. It is a serious decision to be making. The City Manager is doing a good job. He did not see why this should not be discussed by the new board in March. He was in favor of a review in 10 months but felt she should be given more money and go up to $150,000 and then in 10 months the entire contract could be reviewed by the new Commission. It would be the best way to go and he did not understand the rush. The new Commissioners should have a chance to get to know her and reevaluate her performance and they may want to give her an even higher salary than proposed. 19 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 David Merker, 8 Southport, contended the employees are essential to the City to make it run. The Commissioners are overseers and the City Manager has waited patiently for the Commission to come together. The fact she had to wait until there was a Commission working together logically should not penalize her. He reiterated Ms. LaVerriere should not be penalized for the past inefficiency of the running of the Commission. Ms. LaVerriere deserves the raise and a full review in ten months. Ray Whitely, 7353 Palmdale Drive, asked if Ms. LaVerriere was good for business and he offered she had been. He questioned if she would change anything she did in the last 18 months in the next three months and he doubted it. He thought her salary should be $200,000 if compared to other cities and review her performance in ten months. His opinion was Ms. LaVerriere is a great City Manager because she is good for Boynton Beach. Carol Brenner thought Ms. LaVerriere was a wonderful Manager so far. Ms. Brenner wanted to remind the Commission about the other City workers that have not had a raise in four years and are working with equipment and technology that is not compatible to their job. She asked that the Commission think about the precedent being set for the future, the severance package, vacation and sick accrual and the impact on future budgets. Everybody deserves honest pay for honest work. Ms. LaVerriere has done a very good job; however, the information on other City Manager salaries is not their starting salaries. There has been talk about fiscal responsibility and this is the time to prove and show fiscal responsibility. No one else coming forward, Mayor Hay closed public input. Amended Motion Commissioner Holzman agreed with some of the comments relating to the timing of the raise and fiscal responsibility and amended the motion to remove the severance package from the City Manager's contract and add a graduated severance requiring a one month severance for every year served to the maximum of five months. Vice Mayor McCray indicate his motion still stood. Vote Mayor Hay declared the amended motion died for lack of a second. Vote The original motion passed 4 - (Commissioner Holzman dissenting). 12. NEW BUSINESS 20 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 A. Discussion for a candidate forum. Commissioner Holzman explained Ms. Castello had brought the idea to him that a candidate forum be held by the League of Women Voters. Victoria Castello, 406 S. Seacrest Boulevard, had attended a town meeting at Palm Beach State College and she heard how important it is to have citizen involvement. The Chamber of Commerce helps businesses, but most of the City is citizens and it is important to have a totally unbiased, non - partisan forum and the League of Women Voters of Palm Beach County would provide that service. It could be held in Chambers, paid for by the City taxpayers. Mayor Hay thought it was an excellent idea to hold it in Chambers. The League of Women Voters have done it before and it is a good forum. Commissioner Holzman also supported the idea. Commissioner Taylor advised he would attend, but remarked the Chamber of Commerce had one forum and there would be another one on the 21 at Bethesda Hospital. He had attended forums at Leisureville, Sterling Village, Renaissance Commons and Golfview Harbor. There are plenty of forums for people to attend. It would have the cost of City workers being present and it may not be necessary. He remembered the League of Women Voters, in the past, had asked to speak about Charter amendments and were not to take a position on any issue and they did it anyway. Commissioner Holzman contended all the forums mentioned were not be held for this election and there was only one forum which was the Chamber event. It is important for the City to have an opportunity for the residents and all 15 candidates have as many opportunities as possible for the citizens to learn about the candidates. Motion Commissioner Holzman moved to instruct the City Manager to talk to the League of Women Voters to have a candidate forum here in Chambers. Commissioner Segal seconded the motion for discussion. Amended Motion Commissioner Segal agreed having as many forums as possible was important. He noted there were two Commission races on the west side in addition to the Mayor's race and the forums were all held on the east side. To attract as many people as possible, he had spoke with the Principal at Crosspointe Elementary School and they were willing to host the forum. He amended the motion to have the forum at Crosspointe Elementary Commissioner Holzman accepted the amendment. 21 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 Mayor Hay recognized Commissioner Taylor's view and many people find legal reasons not to come to the forums. The forums were not breaking the Sunshine Law or any other law as long as matters are not being discussed that would be voted on by the Commission. If the forums were going to be arranged, all the candidates should attend. Commissioner Segal advised he had spoken with the Principal and they asked that the City provide some in -kind service and he would work with them to find out what it is they may want. They are not asking for money. Mayor Hay thought it should be contingent upon what the request for in -kind would involve. He would support the motion on those terms. Vote The motion passed 4 -1 (Vice Mayor McCray dissenting). 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -003 - SECOND READING - PUBLIC HEARING - Appoint CRA Board Member to replace James Buchanan whose term has expired Attorney Cherof read Proposed Ordinance No. 13 -003 by title only on second reading. The name submitted is James Buchanan. Motion Commissioner Taylor moved to appoint James Buchanan for a second term on the Community Redevelopment Agency Board. Vice McCray seconded the motion. Commissioner Holzman stated previously that Mr. Buchanan had done a great job, but felt it was important that other members of the community be included on the CRA from different parts of the CRA. He would be in favor of holding this appointment and allowing the individuals from other parts of the City to apply for the position. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Holzman dissenting). 14. FUTURE AGENDA ITEMS A. Proclaim March 2013 as Myeoloma Month - 03/05/13 B Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD 22 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2013 C Adopt resolution to include the Old High School into the CRA Brownfield Designation area - March 5, 2013 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" The Brand Promise Statement was recited by those present. 16. ADJOURNMENT There being no further business to come before the Commission, Mayor Hay properly adjourned the meeting at 8:45 p.m CITY • BOYNTON BEACH f 401 i'` /�_�1�� , Woodrow cCraay, V iice V ayor J �ry • , Cod %mission Steven Holzman, mmissioner livai, 1 aL ATTEST. Wayn egal, C•u► issioner A IWA 41111 VT) Piunt-L et M Prainito, MMC ity Clerk J ith A. Pyle, CMC puty City Clerk 23