Minutes 04-16-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY,
APRIL 16, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL,
100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
David T Merker, Commissioner
Michael M Fitzpatrick, Commissioner
Joe Casello, Commissioner
1. OPENINGS
A. Call to order Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Casello
Lori LaVerriere, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Mayor Taylor called the meeting to order at 6:42 p.m. An invocation was given by Vice
Mayor Hay followed by Commissioner Casello leading the Pledge of Allegiance to the
Flag
It was noted there had been a closed -door session immediately preceding the meeting
that concluded later than anticipated.
D. Brand Promise Statement
The Brand Promise Statement was read as follows: "It is time to take a look at Boynton
Beach Boynton Beach serves up waterfront dining, abundant shopping and lively
entertainment."
E Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Merker wanted to add under Future Agenda Items, Discussion of the
possible change to a five -day work week rather than four -day work week. He also
wanted to see the cost and benefits for the City meetings to be shown on cable TV It
would create positive reinforcement for the residents in and outside Boynton Beach to
know what is going on in the City. Mayor Taylor agreed to add the two items as Items D
and E under Future Agenda Items, for the next meeting.
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Motion
2. Adoption
Vote
The motion passed unanimously.
2. OTHER
A. Informational Items by Members of the City Commission
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April 16, 2013
Commissioner Casello pulled Item 6.E for discussion. Vice Mayor Hay pulled Item 6.A
for discussion.
Commissioner Merker moved to approve the agenda with the exception of Items 6.A
and 6.E Vice Mayor Hay seconded the motion.
Commissioner Casello advised it was his goal to attend the various Boards and
Commission meetings that have been established with volunteers. He had attended a
Financial Advisory Committee meeting and was very impressed with the
professionalism and their knowledge on how to gather information to help make
decisions He thanked the members for their participation.
Vice Mayor Hay attended Dan Hagar's retirement party, and the services at Temple
Beth Kodesh celebrating the memory of the Holocaust. He was able to participate in
the activity There was a Chamber of Commerce luncheon with Sharon Bock, County
Clerk, as the guest speaker, who had positive words for the City of Boynton Beach.
Commissioner Fitzpatrick advised he had met with all the Department Heads resulting
in a great opinion of the leadership and administration. It looks good for the future. He
indicated at the last Commission meeting, he had misspoke about the difficulties with
the gate entrance and fire and safety access on the proposed changes for Manatee Bay
development. The problem existed with another development with a similar name.
Mayor Taylor had attended all the functions mentioned in addition to the Kickoff at St.
Joseph's School Field Day.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A Proclaim April 22, 2013 as Earth Day and April 22, 2013 through April 26, 2013
as Earth Week.
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April 16, 2013
The proclamation for Earth Week, April 22nd to 26th, was read by Mayor Taylor and
presented to Carisse LeJeune, Assistant City Manager. Ms. LeJeune advised there
was a calendar of events for the week that was focused on community engagement.
One of the events was a Commit to Change, Let's Move Boynton Beach walk and the
Sundance Film, Climate Refugees, movie and panel discussion. She encouraged visits
to the City's web site to see the schedule of events that includes something for
everyone.
B. Proclaim April 23, 2013 Arbor Day in the City of Boynton Beach.
Glenda Hall, Forestry and Grounds Manager, was present to accept the Proclamation
for Arbor Day on April 23 as read by Mayor Taylor. She announced there would be a
celebration at Oceanfront Park at 9 :15 a m. planting six native trees with the assistance
of 8 graders from St. Mark school. The Boynton Beach Garden Club would also be
helping with the event.
C. Proclaim May 4 - 12, 2013 as National Travel and Tourism Week Accepting
the proclamation is Jorge Pesquera, President & CEO of the Palm Beach
County Convention & Visitors Bureau.
Mayor Taylor proclaimed May 4 thru the 12 as National Travel and Tourism Week.
Jorge Pesquera, President of the Palm Beach County Convention & Visitor Bureau, was
present to accept the proclamation He thanked the Commission and noted it was the
37 consecutive month of positive growth in the tourism sector for the County. National
Travel Day was May 7th
D Proclaim the week of April 21 to April 27, 2013, as National Preservation Week
Craig Clark, Library Director, was present to accept the proclamation for National
Preservation Week, April 21 to the 27 The Mayor read the proclamation and Mr.
Clark thanked the Commission for the recognition and gave credit to his staff for their
great work. He introduced the new Library Archivist, Susan Swiatosz. She advised she
was excited to be in Boynton Beach where there is a commitment to art and cultural
programs. There is a program being offered on how to preserve family photographs
that would be held on April 28 at 10 a.m.
E. Proclaim the month of May 2013 as National Mental Health Month Accepting
the proclamation is Gerda Klein, Chairperson of the Boynton Beach Mental
Health Initiative.
Mayor Taylor proclaimed the month of May as National Mental Health Month. Ms.
Gerda Klein was presented to accept the proclamation. She thanked the Commission
for the recognition of the event and wanted to work together to end the silence of mental
illness.
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F. Announce the Ocean Avenue Concert for Friday, April 19, 2013
G. Announce the Movies on the Ave film for May 3, 2013
April 16, 2013
Kathy Biscuit, Special Events Director, announced the Ocean Avenue Concert at the
amphitheater featuring Orange Sunshine singing hits from the 60s and 70s. It will be
from 7 p.m. to 9 p.m. Food and beverage vendors would be available.
On April 20 the Red Hot Blues Cruise would be held along Ocean Avenue from 11
a.m. to 9 p.m with many food vendors, classic cars, a hot pepper eating contest and
Blues bands playing continuously There will be indoor and outdoor activities for all
children
The Movies on the Ave film would be Skyfall, shown at the amphitheater starting at 8
p.m. to 10 p.m
H. Announce "Sunday in the Park ", located at Ocean Ave. Park on Sunday, May
5, 2013
Sunday in the Park would have a repeat performance by the Spencer Allan Patrick Trio
that would perform from 12 noon to 3 p.m. at Ocean Avenue Park
I Announce the Ocean Avenue Concert for Friday, May 17, 2013
The last concert of the season would be on May 17 with The People Upstairs, a local
band. The music would be from 7 p.m. to 9 p.m. at the amphitheater. Food and
beverage vendors would be available to serve specialty items
J Announce the Let's Move Boynton Walk on Wednesday, April 24th at 5:00 pm
beginning at the Boynton Beach Amphitheatre located at 129 East Ocean
Avenue
Mayor Taylor announced the City of Boynton Beach, in partnership with Palm Beach
Healthcare and WPEC, Channel 12, would join in the initiative to increase physical
activity during the month of April. The "Let's Move Boynton" two -mile walk would be a
component of the initiative, to be held on April 24 at 5 p.m.
Vice Mayor Hay announced the Hands Around Boynton event scheduled for April 27
would be cancelled. He noted the blue wrist band he was wearing was in recognition of
abused children. There were bands available for anyone interested in promoting the
program to bring awareness to abused children.
For the benefit of the elected officials, the Palm Beach County League of Cities would
be having a workshop for elected officials on April 24 A list of the topics to be covered
was read. Mayor Taylor encouraged the entire Commission to attend by calling the City
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April 16, 2013
Manager to make reservations. Ms. LaVerriere advised four of the five Commission
members would be attending. The absent Commissioner would be out of the country.
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)
Mack McCray, 806 NW 4 Street, thanked the Mayor for his explanation of the late
start to the meeting. He sympathized with the people of Boston dealing with the
tragedy He stressed that the Governor of Florida mandated all municipal flags should
be flown at half mast until Saturday afternoon. Mr. McCray also noted the press had
printed positive remarks about the current Commission and he hoped the good would
continue to thrive
Steve Muckerman, 225 W. Ocean Avenue, reiterated his previous statements to the
Commission that a contingency plan needed to be in place for the Old High School if the
current privately planned development was unsuccessful in securing financing. The
new Commission needed to be proactive rather than reactive and should have had a
contingency plan in place. Mr. Muckerman suggested the next agenda should include
an item to discuss what should be done with the school if the private venture fails. The
contingency plan could be put in place immediately if the commitments for July are not
met. His preference for the plan was to convert the Old High School to a police station
and have a plan submitted by a developer with the costs included, that could be taken
to the voters to decide.
Susan Oyer, 140 SE 27 Way, had two issues There had been a referendum vote
that passed to have a height limit on the buildings in Boynton Beach and yet new plans
submitted call for more towering condos. The buildings in existence are sitting empty.
She opposed the height and density plans and reiterated the voter mandate years ago
was with the intention that 45 feet would be the highest. Her other concern was the
issues in her community that included burglaries, drug dealing, pit bulls running free and
constant problems. She was establishing a neighborhood watch, but wanted to know
what the City was contemplating to address the problems. She totally supported the
Police Department, but her neighborhood has non -stop problems. The problems are
continuing and the neighborhood is going downhill fast.
Mark Karageorge, 240A Main Boulevard, congratulated the City Manager on the
selection of an Economic Development Director. He also noted there are two properties
on Ocean Parkway that need to be addressed with nuisance abatement funding. He
understood the properties were being abated, but wanted an update. Mr. Karageorge
wanted the Commission to look at the benefit costs in the City that he felt were out of
control. His suggestion was any employee with five years or Tess service should be put
on a 401K plan with the City matching up to 4 %. Those than have more that five years
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of service would continue with the existing benefits. He felt the employees should
contribute 20% to their health care costs. Those two ideas should be addressed before
the budget workshop and get the unions to accept the proposals. The private sector
does not provide the guaranteed benefits that are costing the City dramatically and it
has to be addressed. Mayor Taylor advised the Commission had started meeting on
benefits
Dr. Piotr Blass, 113 W. Tara Lakes Drive, expressed his sympathy for those injured in
the Boston bombing. He thanked Chief Immler for protecting the citizens of Boynton
Beach and making the residents feel safe. Dr. Blass felt none of the employees should
have to pay for their health insurance. The employees work overtime and there should
be additional sources of revenue found rather than taking money from the employees
who are not making enough money now. Dr. Blass discussed his court case and noted
the current system was imperfect when less than 10% of the voters elect a Mayor. He
suggested the municipal elections coincide with Congressional and Presidential
elections when participation is much larger. Dr. Blass announced it had been
discovered that little ants predict earthquakes and his group was nominated for the
Nobel prize. He wanted the Old High School to remain to create the University of
Boynton that all could be proud.
Bradley Miller, of Miller Land Planning, embellished the announcement on the Red Hot
Blues Cruise. There are five bands sponsored by four clubs and the Backyard and Two
George's have sponsored three bands. He thanked the sponsors, Seabourn Cove,
Delray Motors and Culinary Solutions for their assistance. The CRA, City and Chamber
of Commerce have joined forces to create the event. The food vendors must have
some form of hot pepper on their menu. At least 50 classic cars will be on display. It is
free and he encouraged everyone to attend from 11 a.m. to 9 p.m
Commissioner Casello remarked it would be a wonderful event. They were still looking
for volunteers and he encouraged others to help to make it even more successful
Mayor Taylor pointed out the last Chamber luncheon was the first time all five elected
officials had attended and signified the Commission would be working hand -in -hand
with the Chamber.
No one else coming forward, Mayor Taylor closed public audience.
5. ADMINISTRATIVE
Commissioner Casello volunteered to serve.
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April 16, 2013
A. PROPOSED RESOLUTION NO. R13 -029 - Appoint a City Commission
representative and alternate to the Coalition of Boynton West Residents
Association (COBWRA)
Meeting Minutes
Regular City Commission
Boynton Beach, FL
Motion
Commissioner Merker nominated Commissioner Casello. Commissioner Fitzpatrick
seconded the motion.
Vote
The motion passed unanimously.
It was suggested the alternates be done at the conclusion of the regular appointments.
B PROPOSED RESOLUTION NO. R13 -030 - Appoint a City Commission
representative and alternate to the Countywide Intergovernmental Coordination
Program
Commissioner Merker volunteered to serve.
Motion
Vice Mayor Hay so moved. Commissioner Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
April 16, 2013
C. PROPOSED RESOLUTION NO. R13 -031 - Appoint a City Commission
representative and alternate to the Metropolitan Planning Organization
Vice Mayor Hay indicated he was currently on the Board and the League of Cities and
wanted to maintain those, if possible, either as a primary or secondary Mayor Taylor
acknowledged his work on the boards and especially getting the train stop in Boynton
and hoped he could continue.
Commissioner Fitzpatrick also wanted to serve on the Board. He agreed to serve as
the alternate
Motion
Commissioner Merker so moved. Vice Mayor Hay seconded the motion
Vote
The motion passed unanimously.
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April 16, 2013
D PROPOSED RESOLUTION NO. R13 -032 - Appoint a City Commission
representative and alternate to the Palm Beach County League of Cities
Mayor Taylor advised the mayors of each municipality usually serve as the
representative Vice Mayor Hay wanted to be the alternate. Mayor Taylor stressed
everyone can attend the meetings
Motion
Commissioner Merker so moved. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously.
Commissioner Fitzpatrick volunteered to be an alternate on the COWBRA Board.
Motion
Vice Mayor Hay so moved. Commissioner Merker seconded the motion
Vote
The motion passed unanimously.
Vice Mayor Hay agreed to be the alternate for the Countywide Intergovernmental
Coordination Program.
Motion
Commissioner Merker so moved. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously.
E Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Cemetery Board: 1 regular
Code Compliance Board: 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board 1 alternate
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Regular City Commission
Boynton Beach, FL
Motion
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Recreation and Parks Board 1 regular and 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 alternate
Veterans Commission: 1 regular and 2 alternates
Commissioner Casello appointed Paul Sirota as a regular member of the Arts
Commission. Commissioner Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
Motion
Commissioner Fitzpatrick nominated Dana Rushing as a regular member of the
Community Relations Board. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously.
Motion
April 16, 2013
Commissioner Casello nominated Carol Porter as an alternate on the Community
Relations Board. Vice Mayor Hay seconded the motion
Vote
The motion passed unanimously.
Mayor Taylor wanted to discuss appointments for the Financial Advisory Committee and
whether the Committee was needed The Committee duplicates what staff has already
done and consumes extensive time from staff to assist the Committee. There has also
been a problem getting volunteers to serve on the Committee. One of the possibilities
is to disband the Committee.
Attorney Cherof pointed out there was an Ordinance on the agenda that would reduce
the membership from seven to five members. He recommended the appointments to
the Financial Advisory Committee be tabled for now
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Boynton Beach, FL
Motion
Commissioner Casello nominated Mathew Gilbert to serve on the Golf Course Advisory
Committee. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously
Ms. LaVerriere clarified an applicant could serve on more than one board if it is not a
quasi judicial board.
Motion
Vote
The motion passed unanimously.
6. CONSENT AGENDA
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April 16, 2013
Commissioner Casello nominated Steven Anton as a regular on the Veterans Advisory
Commission. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously.
Motion
Vice Mayor Hay nominated Robert Moreno as an alternate member. Commissioner
Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
Motion
Commissioner Fitzpatrick nominated Robert Manson as an alternate on the Veterans
Advisory Commission. Vice Mayor Hay seconded the motion.
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
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Boynton Beach, FL
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April 16, 2013
A. PROPOSED RESOLUTION NO. R13 -033 - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Ridge Grove
Association for the property at 7961 Overlook Rd, Lantana, FL.
Vice Mayor Hay had pulled item 6.A and asked that the paperwork not reflect in Section
2, "Interim" City Manager to execute the agreement.
Motion
Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion.
Vote
The motion passed unanimously.
B. PROPOSED RESOLUTION NO. R13 -034 - Assess the cost of nuisance
abatement on the property located at 2651 NW 2nd Street which is located
within the City of Boynton Beach
C Approve the Bid for "ANNUAL CONTRACT FOR HARDWARE SUPPLIES AND
ELECTRICAL COMPONENTS" Bid # 035 - 1412- 13 /MFD to the following six (6)
companies: Electrical Access Specialist, Erin Electrical Enterprises, Graybar
Electric Company, HD Supply Power Solutions, Miller Bearings and World
Electnc Supply on an overall basis, to the lowest, most responsive, responsible
bidders who met all specifications with an estimated annual amount of
$90,000 00.
D. Approve the purchase of 47 Dell OptiPlex Desktop Computers and five
software kits from the Dell Corporation for the City Library utilizing State
Contract # 250 - 000 -09 -1 in the amount of $38,433.62 using State Aid to Public
Libraries Grant Funding.
E. Motion to approve the vehicle /equipment submitted by the Public Works /Fleet
Maintenance for disposal.
Commissioner Casello had been enlightened that the disposal of vehicle /equipment was
an ongoing process. He suggested the machinery at the Golf Course that is not being
used, once the surplus supply is determined, be added to the next list.
Motion
Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion.
Vote
Meeting Minutes
Regular City Commission
Boynton Beach, FL
The motion passed unanimously.
April 16, 2013
F. PROPOSED RESOLUTION NO. R13 -035 - Approve request for Short Sale -
David & Alexis Massey
G. Approve the minutes from the Regular City Commission meeting held on March
19, 2013
H. Accept the written report to the Commission for purchases over $10,000 for the
month of March 2013.
I PROPOSED RESOLUTION NO. R13 -036 - Approve and ratify the Collective
Bargaining Agreement for the Blue Collar unit between the SEIU Florida Public
Services Union, CTW, CLC and the City.
PROPOSED RESOLUTION NO. R13 -037 - Approve and ratify the Collective
Bargaining Agreement for the White Collar unit between the SEIU Florida
Public Services Union, CTW, CLC and the City.
7. BIDS AND PURCHASES OVER $100,000
A PROPOSED RESOLUTION NO. R13- 038 -
(1) Approve a contract with Rohl Networks, LLP of Jupiter, Florida for the Base
Bid of the Fiber Optic Cabling project, Bid No. 017 - 2821- 13 /DJL in the amount
of $68,795.00, and for the Alternative Bid in the amount of $101,191.00 for a
total of $169,986.00; and
(2) Authorize an additional 10% contingency of $16,998.00, if needed, for staff
approval of change orders for unforeseen conditions without further approval by
the City Commission provided the total contract price plus contingency
($186,984.00) is not exceeded.
Motion
Vice Mayor Hay moved to approve Commissioner Casello seconded the motion
Vote
The motion passed unanimously.
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8. CODE COMPLIANCE & LEGAL SETTLEMENTS
April 16, 2013
A. Approve negotiated settlements in case of Nick Fuette v. City of Boynton
Beach.
Motion
Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion
Vote
The motion passed unanimously.
B. Approve negotiated settlement in case of Lauren E. Wilcock v. City of Boynton
Beach.
Motion
Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously.
C Approve negotiated settlement in case of Floyd Selleck v. City of Boynton
Beach
Motion
Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion.
Vote
The motion passed unanimously.
Mayor Taylor thanked Risk Management for settling the cases and saving the City
money. The Commission appreciated the efforts.
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.
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Motion
April 16, 2013
A. PROPOSED ORDINANCE NO. 13 -007 - FIRST READING - Approve
abandonment of a three (3) foot -wide Utility Easement (ABAN 13 -002) running
in an east -west direction for a distance of approximately 918 feet, located on
the original Killian's Park plat and currently being developed as Seabourn Cove
— Phase II, zoned PUD (Planned Unit Development) Applicant: Bradley D.
Miller, Miller Land Planning, Inc.
Attorney Cherof read Proposed Ordinance No. 13 -007 by title only on first reading.
Commissioner Merker moved to approve. Commissioner Fitzpatrick seconded the
motion
Vote
City Clerk Prainito called the roll. The vote was 5 -0.
10. CITY MANAGER'S REPORT
A. Authorize the addition of four (4) Records Technician positions to FY 12/13
Budget
Ms. LaVerriere reported the Commission had asked staff to review available options to
open the Police Department lobby more than one day a week. Chief Immler did compile
some figures. Besides the issue of the lobby being open only one day a week, there
has been a tremendous backlog of records processing and scanning. The legal
requirements of the Florida Department of Law Enforcement are being met, but filing
and archiving has become backlogged severely. Requests for records are taken and
the reply is sent in a week or more due to the lack of staffing which is not an acceptable
level of customer service. She mentioned in one year over 50,000 public record
requests were processed.
The recommendation was to take a phased approach and bring four records
technicians, with two starting in June due to certification requirements. Some former
technicians that were laid off were contacted and one is interested in coming back. It
would only require a quick re- certification rather than full training. The fiscal impact for
the remainder of the year would be about $22,000 for four months of salary It will result
in the lobby being open five days a week, forty hours a week. Hopefully requests for
records can be done while an individual waits.
Two additional technicians could then be added with the new fiscal year It is a two to
three month hiring process so the request was being made at this time so the
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April 16, 2013
individuals could start October 1 All four positions would have to be budgeted next
year at about $172,000. It should eliminate the backlog and improve customer service.
Commissioner Casello felt it was a great first step toward having the Department open
24/7, especially for a City the size of Boynton Beach. Having the lobby closed is
unacceptable.
Ms. LaVerriere added, due to attrition in the Police Department budget, it was felt the
current fiscal year impact could be absorbed without a budget amendment.
Mayor Taylor totally supported the change and felt the public should be offered better
service with the Police Department lobby being open. He appreciated Ms LaVerriere's
efforts to make the change a reality.
Motion
Commissioner Merker so moved. Commissioner Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
A. PROPOSED ORDINANCE NO. 13 -008 - FIRST READING - Approve
Ordinance amending Chapter 2, Article XVIII, "Financial Advisory Committee ",
by amending the number of regular members and requiring all regular
members to have one of the qualifications listed.
Mayor Taylor outlined the parameters of the Proposed Ordinance. Vice Mayor Hay
recalled the Financial Advisory Committee's recommendations had not been utilized
since its inception, for a variety of reasons. City staff has to attend the meetings and
the qualifications for membership on the Committee is very stringent and even exceeds
the requirements for the Commission and /or staff. The original requirements were to
have at least five members meet the qualifications. The proposed language recites all
members must meet all the qualifications and Vice Mayor Hay did not feel that was
possible The new rules would exempt even the current members
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Motion
April 16, 2013
Vice Mayor Hay thanked the current members for their contribution and noted it was a
good idea at the time; however, the Committee should be disbanded until a need arises.
Mayor Taylor passed the gavel to Vice Mayor Hay and seconded the motion.
Commissioner Merker did not understand why the qualifications had to be so stringent.
There were many professionals that would have good qualifications too, rather than the
limited number outlined It was a good point that the staff, the budget committee and
the Commission review the budget also.
Vice Mayor Hay recalled it has been difficult to find individuals to serve on the
Committee. Meetings had to be cancelled because there was not a quorum appointed.
He reiterated his contention that the Committee has outlived its usefulness and none of
the recommendations have been utilized
Commissioner Merker emphasized there were many other professional occupations
with expertise that could be a plus to the Committee, in addition to those outlined.
Commissioner Casello questioned what the qualifications were for any advisory board
member. He had attended a Financial Advisory Committee meeting and the individuals
work very hard and do due diligence. Whether the information and data they gather is
utilized is another issue. More information is better than not enough, whether their
recommendations are implemented or not. He was against disbanding any board that
volunteers, dedicated to the City, offer their time and effort and perform due diligence.
Commissioner Fitzpatrick felt some of the recommendations from the Committee were
idealogically driven in some manner. It is irrelevant if they are adopted It is part of the
American way to have alternative view points. He did not agree with many of their
recommendations, such as pensions, but the Commission needs to listen to their
theories and ideas. As long as there are people interested in serving, it should be
maintained In the alternative, if the current motion fails, he recommended language be
added that all regular members have to have one of the enumerated qualifications.
Vice Mayor Hay understood the comments, but noted there are eleven qualifications for
the Committee members and he understood each member had to have all the
qualifications listed. There have not been applicants to meet the qualifications.
Commissioner Merker suggested the matter be tabled and get more people interested
in serving on the Committee and alter some of the rules and regulations.
Mayor Hay noted there are applicants. It was just a matter of appointing them or
discontinuing the Committee.
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Commissioner Casello inquired if the qualifications were always in place, how did the
Committee function for so many years.
Attorney Cherof explained when the Ordinance was first adopted, creating the
Committee in 2010, it was decided the members should hold a certain level of
professional experience, rather than expressing personal opinions. The qualifications
could be satisfied by any one Committee member. Currently, five of the seven
members had to have at least one of the qualifications. The amendment would reduce
the number of members from seven to five and they should all have at least one of the
qualifications An additional category could be added that would be equivalent
experience in business or whatever. The original intent was to have professionals on
the Committee so the opinions had some professional basis.
Mayor Taylor emphasized his position that it was duplication of work and makes
additional work for staff. The committee could always be reinstated at a later date.
Commissioner Fitzpatrick understood the qualifications were individually required, not
all qualifications for one applicant. Attorney Cherof agreed the applicants did not have
to have all the qualifications, rather any one.
Motion
Commissioner Merker wanted to table the matter to do more research. The motion
failed for lack of a second.
Vote
On the original motion the vote was 2 -3 (Commissioners Merker, Fitzpatrick and Casello
dissenting).
Attorney Cherof read Proposed Ordinance No 13 -008 by title only, on first reading.
Motion
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April 16, 2013
Commissioner Fitzpatrick moved to approve as read except under Section 3, B.1,
except saying all the regular members on the Committee, shall say three of the five
regular members of the Committee shall have one of the following qualifications. The
motion dies for lack of a second.
Commissioner Casello asked if the Chair of the Financial Advisory Committee would be
allowed to speak. Mayor Taylor agreed.
Don ScantIan, 13 Cedar Circle, Chair of the Financial Advisory Committee since its
inception, agreed the intent of the change was to reduce the size of the Committee
because of the difficulty in having a quorum to meet. He disagreed on two issues. It
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Regular City Commission
Boynton Beach, FL
was never the intent that any one member have all the qualifications and he disagreed
with the demand on staff time. Mr. Scantlan explained the research projects typically
require the same effort from staff that is required to develop the budget. Nothing
burdensome has been brought on the staff, other than recording the minutes and
attendance by the Committee's liaison. Every advisory board has those demands on
staff.
The members are asked to meet with not only staff but also do independent outside
research with other municipalities and residents. The Committee exists to serve the
Commission and attempt to be another data point. The budget process is difficult The
staff has their perspective, the community has their perspective and the Commission
has their perspective
Mayor Taylor agreed and commended Mr. Scantlan for his work as Chair The people
have volunteered their time and put an honest effort into the topics. He personally
believed that staff was doing the same things as the Committee and the Commission
ought to be doing what the Committee was doing.
Mr. Scantlan corrected the fact the Commission had implemented some of their
suggestions and several recommendations were to maintain the status quo that was the
ultimate outcome.
Motion
Commissioner Merker wanted to table the item until the next meeting. The motion died
for lack of a second.
Attorney Cherof explained the Committee would remain the same with no change.
14. FUTURE AGENDA ITEMS
April 16, 2013
A Discuss renovation and /or relocation of Police Headquarters and City Hall
Campus May 7, 2013
B. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan
Implementation - May 21, 2013
C. Update on Utilities CAP Fees - May 21, 2013
Commissioner Casello added he would like to have a discussion on bringing a doggy
park to the City of Boynton Beach
Mayor Taylor declared there was consensus to add the item to Future Agenda Items
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 16, 2013
Mayor Taylor returned to the appointment of members to the Financial Advisory
Committee.
Commissioner Merker tabled his appointment
Motion
Vice Mayor Hay nominated Dolores Schlesslman as a regular member. Commissioner
Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
Motion
Commissioner Fitzpatrick appointed Gary Dunmyer. Vice Mayor Hay seconded the
motion
Vote
The motion passed unanimously
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
Those present recited the Brand Promise Statement.
16. ADJOURNMENT
There being nothing further to discuss, Mayor Taylor properly adjourned the meeting at
8:23 p.m
(Continued on next page)
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
ATTEST.
M Prainito, MMC
ity Clerk
dill
eo
dith A Pyle, C
eputy City Cle
20
CITY OF BOYNTON BEACH
Jerry Taylo ?, Mayof
,
erker, Commissioner
David
ichae
e Mayor
atrick, om ssioner
e Casello, Commissioner
April 16, 2013