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Minutes 12-03-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, DECEMBER 3, 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 by Police Chaplain, Rev. Rick Riccardi C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:30 p.m. Police Chaplain Rev. Rick Riccardi gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick. None. Motion D Brand Promise Statement Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk The Brand Promise Statement was read as follows: "It is time to take a look at Boynton Beach. Its business friendly environment offers numerous opportunities and incentives for sustainable growth." E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Hay moved to approve the agenda. Commissioner Casella seconded the motion. Vote The motion passed unanimously. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2. OTHER A. Informational Items by Members of the City Commission DECEMBER 3, 2013 Commissioner Casello recalled an event on December 3, 1999 that changed his life forever As a professional firefighter, he was called to a fire that turned tragic and six firefighters perished attempting to save two homeless people. Those fellow firefighters never enjoyed another holiday. In light of this incident, his holiday message was that the most precious gifts are not tucked under the tree, rather the ones tucked into bed at night, or sitting watching television as a family. Remember the true meaning of the holidays. Commissioner Casello remarked he was filling the term of a previous Commissioner and another election would take place March 2014 for a full three -year term. Much has been accomplished in the year and he took pride in the Commission's concept of team work and coming up with solutions to project the image of Boynton Beach as the Gateway to the Gulfstream. Much work remained to be done. He announced his candidacy for re- election as Commissioner for District IV and invited family, friends and neighbors to a kickoff campaign party to be held Monday, December 9 at the Boynton Beach Womans Club at 1010 S Federal Highway between 5 and 7:30 p.m. Mayor Taylor thanked Commissioner Casello for the holiday message and wished him luck in his campaign Commissioner Merker reserved his remarks until later in the meeting. Vice Mayor Hay advised the City had hosted the League of Cities Palm Beach County luncheon and the Mayor gave a tremendous welcome to the County officials in attendance. There were many favorable comments and the attendees were impressed with the lunch and service. Vice Mayor Hay expressed hope that everyone had a good Thanksgiving and looked forward to the upcoming holiday season. He also announced the Holiday Parade that would be held on Saturday at 5 p.m. followed by the tree lighting and free concert with dancing Commissioner Fitzpatrick had attended the League of Cities luncheon and he commended the Mayor for his opening remarks that highlighted the accomplishments of the City of Boynton Beach. Commissioner Fitzpatrick reported he had met with County Commissioner Berger to discuss the undeveloped four acres for sale at the north end of Lake Ida Park. He suggested the City would like to purchase those four acres for $100,000 for a park that should be named Warren G Grimes Park There could be an agreement the County 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 would receive any monies over the $100,000 purchase price garnered from any future sale. He would discuss the proposition with other County Commissioners and bring it before this Commission in January Mayor Taylor indicated some of the Commissioners had met with the Representatives and Senators from Tallahassee at the City of Atlantis to discuss concerns for the City. He had attended a ribbon cutting at the Hair Design Salon and School in Sunshine Square. There was also a Putt-Putt round of golf fundraiser for Sister Cities' programs. Mayor Taylor spoke at career day at Cross Pointe Elementary School and went to the Employee Pension Board meeting. He also spoke at the Bible Church of God about the Team of Hope programs. Mayor Taylor complimented the Police Department on fantastic police work in catching the cat burglars who were terrorizing the residents and the two individuals who were attempting to rob the Wendy's Restaurant. Lastly, Mayor Taylor asked the City Manager and perhaps the Police, to address the issue of the vagrants sleeping in and around the bus shelter on the corner of Boynton Beach Boulevard and Federal Highway. Commissioner Casello asked to pull Items 6.B and 6.0 from the Consent Agenda for discussion. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of a plaque to Rick Beau Lieu by Mayor Taylor in recognition of being selected the Grand Marshal of the 2013 Holiday Parade. Wally Majors, Recreation and Parks Director, echoed Vice Mayor Hay's announcement of the Holiday Parade starting at 5 p.m. followed by lighting of the tree, with a concert featuring Orange Sunshine Mr. Majors also announced the Boat Parade would be held on December 13 with a pre -party at 5:30 p.m. at the Boynton Marina and the boat parade commencing at 6:30 p.m. Mr. Beau Lieu's contributions to the City included owning a local studio since 1986, an international sculptor, art advocate and art appraiser. He represents and mentors artists, contributing much of his time to the community. In 1989 he collaborated with local businesses to clean up the dump site along West Industrial Avenue, placed art along the street and positively impacted the appearance of the area. The area was designated as the Art District and continues to be a thriving art scene with monthly art walks attracting visitors from all over South Florida. Mr. Beau Lieu was a founding member of the Arts Commission and major contributor to the Art in Public Places program He volunteered his services for the International Kinetic Art Exhibit and Symposium and continues to be a valued asset. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 4. PUBLIC AUDIENCE DECEMBER 3, 2013 Mayor Taylor presented Mr. Beau Lieu with a plaque and indicated he was respected and honored for his efforts by making him the Grand Marshal of this year's Holiday Parade Mr. Beau Lieu thanked the Commission, Wally Majors and Debbie Coles - Dobay for the honor and he wished everyone Happy Holidays. 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) Mark Karageorge, 240A Main Boulevard, commented on the downsizing of citizen involvement by discontinuing some advisory boards. The Special Events Ad Hoc Committee responsibilities were referred back to staff. The Planning and Development Board has had to cancel meetings due to lack of an agenda since staff has taken over some of those responsibilities. Recently a Special Magistrate was appointed to handle Code violations and lien reductions. The seven board members were replaced with one individual. Mr Karageorge pointed out the board members are volunteers and receive no compensation or recognition. They volunteer to offer a service to the public. In the past a dinner and certificate of appreciation were provided for board members that was discontinued because of lack of funding. Mr. Karageorge understood there were some efficiency to be gained and better customer service. It could also be offensive to the taxpayers who pay the bill. He did support sun setting the Community Relations Board that has been ineffective for over three years. He cautioned the Arts Commission, Library Board and Recreation and Parks Board could be evaluated and eliminated. Mr. Karageorge objected to the City settling lawsuits. Sometimes the suits are due to employee error and stupidity that results in terminations and settling would be appropriate to minimize the losses. On occasion the City has to win a few cases to send the message that it is not profitable to sue the City of Boynton Beach. The monies used to settle lawsuits could be used to improve parks, adding police on the street and other needs of the City. He commended staff and the Commission, but the citizens were not happy with the constant settlement of cases. Jim DiPaola, Realtor for Keller Williams, was present on behalf of one of the City employees who had used SHIP funding to purchase an affordable home. The economic conditions resulted in the owner vacating and selling the property and not repaying the SHIP program He met with an attorney who advised filing for bankruptcy which was done and there was a hardship ruling. Mr. DiPaola had been contacted to short sell the property The lenders are asked to take current fair market value for the house as payment in full Over 30 days ago, the first lender agreed to the terms of the sale and SHIP had to agree to release the lien on the property. There was an offer of $2,600 or 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 8.2% of the original loan amount, to be returned to SHIP. The owner was denied because he did not meet the criteria of the short sale policy. Mr. DiPaola claimed the homeowner met the eight criteria of the policy. The first lender has set a deadline of this Friday for the short sale. If the sale does not go forward, the debt will go on the owner's credit rating and the City would get no return on their investment. If agreed upon, the City would receive 8% back from the owner. Mayor Taylor disclosed that Mr DiPaola had contacted him and he advised the matter should be brought before the Commission. There are concerns how the decision made would affect the City in the long run. Since it was one of the employees, Mayor Taylor wanted to help the employee, but the impact on the entire program was not known. Commissioner Merker was annoyed the request was spontaneous with a specific deadline and forcing the Commission to vote on the request without complete knowledge of the situation. Vice Mayor Hay agreed with Commissioner Merker, but felt it would be worthwhile to look at the options. The City Manager should be given the opportunity to explain the circumstances so an informed decision can be made Mr DiPaola responded there had been ongoing negotiations with the City staff. It was explained staff felt there was not a hardship as required in the City's policy. However, the hardship was documented in the Federal Court during the bankruptcy proceedings. The owner could have allowed the bankruptcy to proceed and neither the City nor the first lender would have a legal right to hold the owner liable for the funds The first lender was willing to give over 8% to SHIP and the City of Boynton Beach. Mayor Taylor suggested the City Manager or City Attorney could review the facts with each of the Commissioners. Attorney Cherof pointed out the Commission cannot make a decision based on one -on -one meetings with the Commission. There is a policy set by the City Commission relating to short sales with a specific application to be filed with the presentation of information that can be done administratively. Those steps have not been undertaken and the information provided. The matter is not an action agenda item. The process has to be honored that has implications to a host of other people in very similar situations. Mayor Taylor indicated the process would have to continue and come back to the Commission at the next meeting. Ms LaVerriere advised she would provide a full report. Attorney Cherof offered to assist by talking to the lender or lender's counsel about the timetable the Commission must honor. Mack McCray, 806 NW 4 Street, announced he would be seeking election for Commissioner of District II Linda Cross, 625 Casa Loma, Unit 601, mentioned the Board of Marina Village received a letter from the Development Department approving a tattoo parlor in a commercial space at Marina Village She found it hard to believe, after all the money 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL spent on the Marina area, that a tattoo parlor would be allowed in the area. She noted the letter was dated September 19 and the letter had just been received. William Spellman, 12375 Military Trail, had started a company, Cape Code Lobster Roll Company, and purchased a 1978 Bluebird Wonder Lodge, 31 -foot long bus, converted to a food truck. He sold quality products with fresh lobster and wanted to get started in the City of Boynton Beach. It would be an attraction. He requested a variance of six feet on the size allowed for food truck vendors. There is no pollution emission. Mayor Taylor advised it should come before the Commission on the agenda. No one else coming forward, Mayor Taylor 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 2 regulars and 2 alternates Code Compliance Board 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 2 alternates Recreation and Parks Board: 2 alternate Planning and Development Board: 1 regular and 2 alternates There were no applicants. 6. CONSENT AGENDA DECEMBER 3, 2013 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 -129 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach B Approve the Bid for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 008 - 1412- 14 /MFD to 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL the following two (2) companies: Global Trading and Special Products Group on a primary and secondary vendor basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $40,000. Commissioner Casello had pulled Item 6.B for discussion. He questioned why there was a considerable increase from the previous year. Tim Howard, Director of Finance, explained a couple new commodities were added, many of the green employee t -shirts were replaced and redesigned and a new polo shirt chosen that was a better quality and higher price. It was multiple changes that resulted in the increase. Motion Commissioner Casello moved to approve the request. Vice Mayor Hay seconded the motion Vote The motion passed unanimously. C PROPOSED RESOLUTION NO.R13 -130 - Approve four (4) contracts for services for Community Development Block Grant (CDBG) sub - recipients previously approved for funding on August 6, 2013. Commissioner Casello wanted more explanation of the monies received and how it was dispersed. Octavia Sherrod, Community Development Manager, explained there was a formal process starting with alerting the public and holding a public meeting to discuss the process The City is expected to assist low income families. Different agencies respond to the grant process by filling out an application that is reviewed by a committee. This year the applications were reviewed and scored by the City's Economic Development Manager, the Economic Planner and a citizen who has some HUD (Housing and Urban Development) experience. The applications and results were then brought before the Commission and approved on August 6, 2013. An annual action plan is created and submitted to HUD following their criteria how the money should be distributed. HUD approved the plan and the contracts are now before the Commission for approval. Commissioner Casello inquired if there was a monetary limit for each agency. Ms. Sherrod replied there were two limits There is a 20% limit on how much the City can use for administrative, and a 15% limit on public services such as the Community Caring Center or AVDA Commissioner Casello questioned if the list of applicants changes or is simply repetitive year after year. Ms. Sherrod advised it was open to the public. There is an advertisement in the Palm Beach Post and a Spanish speaking newspaper as well. In most instances, it is usually the same organizations. She 7 DECEMBER 3, 2013 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL reiterated the City is required to provide certain services. The agencies provide the services the City cannot provide for low income categories or homeless people. Mayor Taylor stressed there is a committee that reviews the applications and makes a recommendation to the Commission. The Commission did make a few minor changes to the recommendation Vice Mayor Hay advised he had met with the HUD Executive Director last year and was told Boynton Beach was a model City for following procedures and form completion. Now that the CRA staff was working with the Community Development Department it was the best of both worlds for the residents of the City. Motion DECEMBER 3, 2013 Commissioner Casello moved to approve Item 6.C. Vice Mayor Hay seconded the motion Vote The motion passed unanimously. D PROPOSED RESOLUTION NO. R13 -131 - Accept the offer of $6,000 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Diane Dolphin of 318 Glen Arbor Terrace, Boynton Beach, Florida, 33426, in the amount of $62,000, and Waive the Right of First Refusal for this same property. E. Approve the minutes from the Regular City Commission meeting held on November 19, 2013 F. PROPOSED RESOLUTION NO. R13 -132 - Authorize the City Manager to sign the grant application with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2013 on behalf of the City of Boynton Beach. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the following expenditures from the Federal Forfeiture Account #691- 5000- 590 -04 -22 in connection with the Police Training Officer (PTO) Program: 1) Training in the amount of $14,545 00 for The Hoover Group of Reno, Nevada, Instructor led courses from local colleges, the Broward County Sheriff's Office, IPTM in Jacksonville, Florida and travel to a police department currently operating a PTO program. 2) Lease of five (5) vehicles from Duval Fleet of Jacksonville, Florida utilizing the Florida Sheriffs Association /Florida Association of Counties & Florida Fire 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 Chief's Association Automotive contract #13 -21 -0904 for a four (4) year lease with a total monthly payment of $3,753.47 with a $1 buyout at the end of the lease period. 3) Vehicle Equipment in the amount of $26,210.00 for the five (5) leased vehicles from Digital Ally and L -Tron Corporation as sole source vendors and CDW -G utilizing the National IPA Technology Solutions Contract #130733. Motion Commissioner Merker moved to approve. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $40,000 in the case of Cynthia Miller /Matthew Andrews v. City of Boynton Beach Motion Vice Mayor Hay moved to approve Commissioner Casello seconded the motion with discussion. Commissioner Casello found the settlements disturbing. He realized, at times, it was better to pay 40 cents on $1, rather than 80 cents on $1. He did not know how to control the filing of lawsuits. The City was not necessarily an easy touch. It appeared to be human nature to file lawsuits. Each settlement is fully discussed; however, he would never like the situation or the process. Commissioner Merker re- enforced the previous remarks and noted he consistently voted no for the settlements. He suggested a special session be held to better understand the process for structuring settlements and challenging lawsuits filed against the City. Mayor Taylor pointed out the individual was suing the City for $375,000 and the other claim was for $175,000. The case went before mediation. Many allegations were made and later found to be untrue. The City's position was strong, but to prove it would cost the City approximately $175,000. Juries are not very sympathetic with municipalities. The $40,000 ultimately saves money. Mayor Taylor cautioned the plaintiffs could win the case and the verdict could be substantial. Commissioner Merker reiterated there should be some type of process established before settlements are offered. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 Vice Mayor Hay felt the Commission should listen to the Legal Department and the staff's recommendation. He concurred with the Mayor's comments. The final analysis could result in $500,000 in costs, attorney fees and jury award. If the City wants to assume that type of risk the Commission does need to have a workshop. Vice Mayor Hay understood their concerns; however, the Legal Department and staff have reviewed the circumstances and facts and he accepted their recommendation to settle at $40,000 Commissioner Fitzpatrick concurred with Vice Mayor Hay and called for the question. David Katz, 67 Midwood Lane, understood the facts asserted were not substantiated and he agreed with Commissioner Merker's concern that the plaintiffs were willing to settle for so much Tess than originally sought As a taxpayer, he felt the case should not have been settled and a lesser amount offered or not offer a settlement at all. Commissioner Casello noted the two officers involved are no longer Boynton Beach Police Officers. Mayor Taylor speculated the City may be able to prove their case, but the $175,000 in costs to do so would please the taxpayers even less. Mayor Taylor called the question. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT A PROPOSED RESOLUTION NO. R13 -133 - Adopt the 2013 -2014 City Commission Strategic Plan Focused Work Program and Action Items Ms LaVerriere pointed out the Commission and staff had worked through a strategic planning process with a professional facilitator. The entire plan has not been completed that would include a one year, five year and fifteen year vision for the City. The current request covers a one year action plan, an element of the final plan. It sets specific objectives and goals, deliverables and dates for staff to accomplish the items. It would 1 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ultimately be a report card for the City Manager and staff to get the job done. The request is to adopt the plan submitted that technically began October 1, 2013. There is also a tracking document for each of the five goals that will be reported to the Commission on a quarterly basis. It would include data on whether deadlines were met, if changes in deadlines are needed and an explanation of why deadlines are not being met. The current request is to adopt the one -year plan and the first quarterly update would be April, based on a calendar year. Some progress is already shown. A workshop in April to discuss the first quarter accomplishments would be held. Motion DECEMBER 3, 2013 Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Casello wanted to add to the list, the possibility of a zoning change for Rainbow City to have a gas station at 3001 N. Seacrest Boulevard. He hoped it could be added to the list. Mayor Taylor suggested staff review the issue this summer and the item be placed on next year's action plan. Commissioner Casello and Ms. LaVerriere agreed. Vice Mayor Hay asked if the strategic plan would be posted on the web page and Ms. LaVerriere acknowledged it would be when it was finished. This is one piece of ten chapters that she hoped would be submitted for review in 60 days and then posted on the web site for the public. Commissioner Fitzpatrick clarified the gas station zoning change would be included in next year's action plan. Ms. LaVerriere noted it would take significant staff time and analysis. The applicant would have to agree with the timeline. Vote The motion passed unanimously. B. Approve the following modifications /changes to the personnel allocation for the following Departments /Divisions for the FY 13/14 Budget: Police (2110) Increase the number of Part-Time positions from zero (0) to two (2) Part-Time positions and leaving the number of Full -Time positions at 192. Communications (1810) Increase the number of Full -Time positions from twenty -three (23) to twenty -six (26). 1 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Ms LaVerriere had spoken with the Commission individually and Chief Katz regarding the reorganization of the Police Department. The new Chief has done a masterful job of taking the existing resources and personnel, and through elimination of some positions by attrition, and reassignment of staff, would add three full -time and two part-time positions to the Department without any budgetary impact. The change requested applies to the headcount that is in the budget. She stressed no one was losing their job and it would be a positive change for the Police Department. Mayor Taylor had discussed the matter with the City Manager and Police Chief. Vice Mayor Hay commented the headcount would be increased, but the dollar value remained the same. Ms. LaVerriere added there was actually a slight savings. Commissioner Casello was impressed with the Chief's presentation to him relating to the changes in the Department. There is more efficiency for less and he appreciated those efforts Ms. LaVerriere noted with personnel adjustments the Police lobby has been opened more hours than in the past The goal is to restore civilian personnel which were lost over the past few years. The work did not decrease when the positions were eliminated More sworn officers would be returned to the streets with the changes. Vice Mayor Hay further commented the changes reflected the Department was working as a team to improve their jobs and it was commendable. Vote The motion passed unanimously. C PROPOSED RESOLUTION NO. R13 -134 - Adopt 2014 City of Boynton Beach Legislative Agenda Motion Vice Mayor Hay moved to approve the Item. Commissioner Fitzpatrick seconded the motion. Commissioner Merker requested the Commission's support on two issues, the Sunshine Law and term limits. Commissioner Merker felt the Sunshine Law hinders communication, understanding and intellectual thoughts between Commissioners. Two or more Commissioners are not able to discuss business matters. Communication creates compromise. The irony is the State Legislature created the Sunshine Law, but does not abide by the law. Commissioner Merker agreed with the premise of the law. He suggested an amendment to make it three or more Commissioners cannot discuss business matters. He had scheduled meetings with State legislators, County Commissioners and other City Commissioners to amend the law and make the Sunshine Law beneficial. 12 DECEMBER 3, 2013 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 The second issue of term limits he wanted to discuss in January. Mayor Taylor interjected the issue of term limits was previously addressed and it could not be re- visited at his request since Commissioner Merker was not on the prevailing side of the motion. Attorney Cherof did not recall a vote on the issue Ms LaVerriere recalled there was no second to the motion previously made by Commissioner Merker. Commissioner Merker reiterated he wanted to discuss the matter in January, 2014. He would be discussing the issue with other elected officials and looked forward to bringing the issue before the people. Law is amendable and changeable with time. Commissioner Fitzpatrick understood the agenda item related to setting priorities for the lobbyist to pursue. Commissioner Casello encouraged Commissioner Merker to proceed with his plan. Commissioner Merker wanted the Commission to have an open mind and discuss the issue. Mayor Taylor explained Commissioner Merker had previously made a motion to have the Commission support the issue and there was no second to the motion The silence on the motion spoke loudly that no other Commissioner supported the ideas. Commissioner Merker pointed out there was a unanimous vote to allow the question of term limits be added to the agenda. It was a contradiction to then vote against the motion. Mayor Taylor felt there were other important things he wanted the lobbyist to work on rather than the State Sunshine Law The question on term limits had been voted down by the residents at least three times in the past. Commissioner Merker stressed the question of term limits never got to the people the last time it was brought up. A Charter Review Committee offered their opinion rather than the 70,000 residents of Boynton Beach. Vice Mayor Hay was against unlimited terms He agreed with the Sunshine Law and the basic premise lies with the people for more transparency. He did not want the Sunshine Law to be included in the list for the lobbyist. Two Commissioners discussing issues in private and coming to conclusions corrupts the process. The Commission should make decisions based on the information presented by staff. He did not favor any time being spent on amending the Sunshine Law or changing term limits. Commissioner Fitzpatrick had no idea if State legislatures are circumventing the Sunshine Law. He was not in favor of getting rid of the Sunshine Law and would not support adding it on the legislative agenda for the City of Boynton Beach Commissioner Casello was not in favor of the proposed changes. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 Commissioner Merker corrected he did not want to get rid of the Sunshine Law, rather amend it. Mayor Taylor declared four out of five did not want to include the items proposed on the legislative agenda. Vote The motion passed unanimously. (Commissioner Merker later asked to change his vote to no. Mayor Taylor noted the motion would pass 4 -1 with Commissioner Merker dissenting) Attorney Cherof asked for clarification on who made the motion and seconded the motion Commissioner Fitzpatrick moved to approve and Vice Mayor Hay seconded the motion. Motion D. Discussion on repeal of Ordinance No 090 -79 creating the Boynton Beach Community Relations Board (CRB) and sunset the board. (Proposed Ordinance No.13 -036 - First Reading) Commissioner Casello moved to approve Ordinance No. 13 -036. Vice Mayor Hay seconded the motion. Commissioner Fitzpatrick felt there did need to be an advisory board to address some issues; however, the duties of the Community Relations Board did not make it an appropriate venue. He was in favor of sun setting the Board. In the future, there should be an overall advisory board to help keep the neighborhood associations stronger and have an updated list of the officers of each homeowner association in the City There is a foundation that would be helpful in promoting social events in the City and there should be an advisory board to have oversight and promote planning those events. Vote City Clerk Prainito called the roll. The vote was 5 -0. Commissioner Merker requested to change his vote on Resolution R13 -134 to no. Mayor Taylor declared the vote would then be 4 -1 (Commissioner Merker dissenting). E. Discuss handling reports of deceased animals and removal of them from public streets. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 Ms LaVerriere reported staff had compiled some suggestions Chief Katz requested guidance on the level of service to be provided. There are options. One would be to contract the service and return the City to the level of service previously provided. The estimated cost would be far less than hiring a part-time employee. It was estimated at $6,000 to $10,000. The other option would be to not provide the service at all, but there has been some public outcry to address the issue. Chief Katz recommended the contracted services. Guidance was needed from the Commission on the scope of services to be provided. Vice Mayor Hay supported the removal of the dead animals. He wanted to know the hours the service would be provided. Chief Katz advised it would be an issue for negotiation with the provider. A piggy -back agreement on an existing State contract may be a possibility. Ms. LaVerriere wanted to know the direction for staff to research the cost and available providers. Mayor Taylor favored researching a contract It is a health issue for the City also. Commissioner Casello initially thought the animal control officer could be responsible, but he was enlightened that the officer could not take on the responsibility in addition to her current responsibilities. There are permits needed too. He was in favor of investigating contractors to get the job done in a reasonable amount of time at the right price. Commissioner Merker mentioned the respect for animals, their owners and the companionship established He concurred Commissioner Fitzpatrick mentioned the circle of life does assist in the process. Mayor Taylor declared there was consensus to move forward with seeking a contract to be approved by the Commission 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -033 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations Chapter 2, Articles I and II establishing the necessary process to consider and act upon appeals for reasonable accommodations in rules, policies, practices 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 or services to afford eligible individuals the equal opportunity to use and enjoy housing as required by the Americans with Disabilities Act (ADA) and /or the Fair Housing Act (FHA). City- initiated. Attorney Cherof read Proposed Ordinance No. 13 -033 by title only, on second reading Mayor Taylor opened the issue for public hearing No one came forward. Motion Vice Mayor Hay moved to approve the Ordinance. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 13 -034 - SECOND READING - PUBLIC HEARING - Approve extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No 13 -034 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward Motion Vice Mayor Hay moved to approve the Ordinance. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. C PROPOSED ORDINANCE NO. 13 -035 - SECOND READING - PUBLIC HEARING - Approve amending the General Employees Pension Plan to amend SECTION 18 -55 the definition of Annual Earnings to exclude elements of pay in accordance with amendments to §112.66(11), Florida Statutes; Amending Section 18 -117 Termination of Services prior to eligibility for retirement to clarify payment start date; Amending start date; Amending Section 18 -120 Member Records; Status Statements; Beneficiary Designation to expand classes of individuals to whom payments may be made at death in the absence of a designated beneficiary; in the absence of a designated beneficiary; Amending Section 18 -127 to incorporate provisions of Florida 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL DECEMBER 3, 2013 Statutes §112.66(11) and to clarify that DROP members must terminate employment at the end of the DROP term. Attorney Cherof read Proposed Ordinance No 13 -035 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved to approve the Ordinance. Commissioner Casello seconded the motion. Commissioner Casello confirmed the change was made to conform to State law. Attorney Cherof advised it conforms the Ordinance that describes the local law plan to the required State statute provisions and has no actuarial impact. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Schedule Workshop date to discuss employee pensions per Strategic Plan Action Item 3.2 - 2/18/14 B. Request by Commissioner Merker to discuss Advisory Board re- appointments be made in April of each year, after the March elections, instead of December of each year as is the current practice - 12/17/13 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 come before the Commission, Mayor Taylor properly adjourned the meeting at 8:04 p.m. (Continued on next page). 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: net M Prainito, ity Clerk d ith A. Pyle, C eputy City Clerk CITY OF BOYNTON BEACH * lay or, Mar David T Merk M 18 L. Hay, Vide Mayor Casello, Commissioner DECEMBER 3, 2013 ssioner