Minutes 02-04-14PRESENT:
MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY,
FEBRUARY 04, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
Jerry Taylor, Mayor
Woodrow L. Hay, Vice Mayor
David T. Merker, Commissioner
Michael M.Fitzpatrick, Commissioner
Joe Casello, Commissioner
Lori LaVerriere, City Manager
James Cherof, City Attorney
Janet M. Prainito, City Clerk
1. OPENINGS
A. Call to order — Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:30 p.m. Roll was called and all members were
present.
B. Invocation
C. Pledge of Allegiance to the Flag
The invocation was offered by Vice Mayor Hay who then led the Pledge of Allegiance to the
Flag.
D. Brand Promise Statement
At the Mayor's request, everyone recited the City's Brand Promise Statement.
E. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Casello pulled Item 6.F for discussion.
Motion
Vice Mayor Hay moved to approve the agenda as amended. Commissioner Casello seconded
the motion.
Vote
The motion passed unanimously.
2. OTHER
A. Informational Items by Members of the City Commission
1
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
2
FEBRUARY 04, 2014
Commissioner Casello reported he attended a small business grand opening called; "Pure
Barre" located at 522 W. Woolbright Road, an exercise establishment based on a ballerina's bar
with mirrors. He also attended the Economic Development 101 meeting with Kelly Smallbridge
who gave good insight of what direction the City needs to go in. Some of the weaknesses and
strengths were pointed out and what can be done to get Boynton Beach moving in the right
direction.
The 5K Barrier race is scheduled for Saturday, February 8 The Commissioners have a team
that was put together by Adam Turey of the Fire Department.
Commissioner Casello discussed the issue of deceased animals in the roadways. Staff worked
diligently on this and the City now has a private vendor. Citizens will call the Sheriff's office at
(561) 732 -8116 and report the location to the dispatcher. The animal will be picked up within
four hours and no later than 24 hours. There will be a fee of $45 for an animal weighing Tess
than 100 pounds.
Lastly, Commissioner Casello asked the City Manager to investigate producing a mailing with a
refrigerator magnet containing the essential department numbers; everyday numbers and
emergency numbers.
Commissioner Merker stated he attended a City Commission meeting in Ocean Ridge to hear
discussion about the renaming of the beach.
Commissioner Merker met with the heads of each department to get their opinion about going
back to the five day work week. Mayor Taylor requested Commissioner Merker hold his
comments for later in the meeting. Commissioner Merker wanted to thank the heads of the
departments for giving him their time.
Vice Mayor Hay reported he attended the First Annual Green Gala Dinner Dance at the
Omphoy Ocean Resort. There were several members of staff who attended and everyone had
a great time. Vice Mayor Hay also attended the Economic Development 101 with Kelly
Smallridge and commented it was great.
Vice Mayor Hay offered some advice /comments to his fellow Commissioners now that his term
is ending next month. Each Commissioner represents the entire City, but is elected by Districts.
It is common courtesy to inform a Commissioner of a particular District when another
Commissioner, not of that District, is making statements that may create controversy.
Lastly, Vice Mayor Hay stated this is the second year of "Let's Move Boynton ". It started with a
friendly competition between himself and the Mayor of West Palm Beach, Geraldine "Jeri"
Muoio. This year the activity escalated with many more participants and the City of Boynton
Beach won! A total of 164,620 minutes were logged for the City. Vice Mayor Hay commended
the staff and residents who participated. Next year will be even better.
Commissioner Fitzpatrick reported he attended a fund raiser for Maria Sachs who is running for
State Senate again. He also attended the Seagate Country Club to give a State of the City
address to the condo association. Commissioner Fitzpatrick attended the Green Gala with the
other Commissioner's. Commissioner Fitzpatrick gave another State of the City address at
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
Sterling Village. He also attended the Economic Development 101 workshop with the other
Commissioners and attended the "Let's Move Boynton" wrap up. Commissioner Fitzpatrick
mentioned an email he received from someone who was making a lot of negative comments
about Boynton Beach. He responded and realized the email was three years old from someone
called Bob Grange who is now a Gulfstream Town Councilman. Commissioner Fitzpatrick and
Mr. Grange met to discuss different issues. One issue they both had in common and were
concerned about was sea level rise.
Mayor Taylor reported he also attended the Economic Development 101 workshop with Kelly
Smallridge who did an excellent job and gave a lot of good facts about Boynton; where we are
as a City and where we are trying to go.
The Mayor attended the Green Gala and complimented the Chamber of Commerce for it being
one of the best events the Chamber has held. It was outstanding. Their work with the City and
the CRA is a great combination to get the City going on an economic level.
Mayor Taylor went to the Dewey Park Boutique. It is a very nice thing to do on a Sunday. Also
on Sunday, Mayor Taylor attended the memorial ceremony for the sinking of the Dorchester
which honors the Four Chaplains. The Veterans have been hosting this event for over 20 years.
It was held at the First Presbyterian Church and approximately 70 people attended.
Mayor Taylor attended the Forum Club in West Palm Beach. The guest speaker was Chief
Justice of the Supreme Court Samuel A. Alito. He talked about many things regarding the
Supreme Court. One interesting fact was the 8,000 -9,000 requests received per year to hear
cases. Four of them have to vote in order to hear a case. Once they do, it takes five of them to
pass it. Of the 8,000 -9,000 requests, only about 80 -90 cases a year are heard
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcement of the Boynton Beach Recreation and Parks Department "Family
Field Day" event, which will be held at Wilson Park, located at 225 NE 12 Avenue
on Sunday, February 15, 2014 from 11 a.m. to 1 p.m.
Wally Majors, Recreation and Parks Director, announced the latest news from the Florida
State Surgeon General and Secretary of Health, Dr. John Armstrong. The top public health
threat to our future in Florida is obesity. Two - thirds of Floridians will be obese by 2030 if
changes are not made. One of the main reasons events are organized at the parks every
month is to get people moving and active. Mr. Majors invited everyone to take part in the
"Family Field Day ". There will be relay races, obstacle courses, face painting and many more
activities.
B. Presentation of the City's Economic Development Web Page — byb2boynton.com.
"Bring Your Business to Boynton.com ". Economic Development Initiatives and
Implementation Plan (EDIIP) #37
Scott Kline, Economic Development Manager, commented Kelly Smallridge recently gave a
presentation on Economic Development 101. In her presentation she talked about specific
information businesses look for when deciding to start-up, expand or relocate to another City
3
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
4. PUBLIC AUDIENCE
4
FEBRUARY 04, 2014
and how they find that information. The number one way businesses find the information they
need is through the City's website. The City recently created an economic web page,
byb2boyton.com.
Mr. Kline gave a slide presentation of the web page. The Welcome Page provides basic contact
information, Facebook and Twitter account information, a basic introduction to the City as well
as developments under progress. The Quick Facts page gives businesses information on what
life is like in Boynton Beach and provides information on things happening in the City such as;
Art in Public Places, education and the fact Boynton Beach has an A -Rated High School.
People can also find interesting facts such as the City has 14 institutions of higher learning
within one hour driving distance of Boynton Beach.
Businesses relocating sometimes look for incentives. The web page has an Incentive and
Programs page that shows incentives in place locally; interior build -out and rent reimbursement.
It also gives information on incentives in the county, state and national economic development
programs. The News and Testimonial page gives third party testimonials from businesses
already here and why they decided to relocate to Boynton Beach. In addition to testimonials
there is also information on this page about the latest economic development news and trends.
Lastly, the web page provides information in Spanish and the staff is multi - lingual and can
provide information in any language. Mr. Kline stated the website will be updated regularly with
information such as properties for sale or lease.
Commissioner Casello inquired if the logos of the businesses already in Boynton Beach will be
on the web page and Mr. Kline replied they would. They will be contacting the business for
authorization to use their logos on the web page.
Mayor Taylor thanked Mr. Kline and expressed how important a web page like this is for
businesses thinking of relocating to Boynton Beach. Mr. Kline gave special thanks to Gigi Hart
for all her work on the web page.
C. Due to Passover, the April 15, 2014 City Commission Meeting has been rescheduled
to Wednesday, April 16, 2014.
Mayor Taylor announced the change of the April 15, 2014 City Commission meeting to April 16,
2014.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
David Katz, 67 Midwood Lane, commented he is a 32 year resident, tax payer and voter in
Boynton Beach and has the right, if not the responsibility to point out and describe the political
ineptness of elected officials.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
5
FEBRUARY 04, 2014
Mr. Katz stated at the January 7 meeting, Mr. Merker attempted to involve himself in
Commissioner Casello's upcoming election by asking a former two -time candidate to run
against him. At the January 21 meeting, Mr. Merker did not know where the Meadows
community was and made known his intentions to run for Mayor in 2016. He has not denied his
political ambitions or his extreme lack of knowledge of the City. At both meetings, Mr. Katz
stated he addressed Mr. Merker on a political level and not a personal one. Mr. Katz
commented Mr. Merker stated he was un- American, ignorant and stupid. He quoted Mr.
Merker's statement from the minutes of the last meeting; "Ignorance was terrible, and stupidity
was worse ". Mr. Katz stated he found it interesting that an article in the Sun - Sentinel of January
30, 2014 said; Boynton Beach Commissioner David Merker blames his "stupidity" for his recent
run with the Florida Commission on Ethics. Mr. Katz also questioned Mr. Merker's comments
about the level of communication Mr. Katz has with his adult children. Mr. Katz remarked Mr.
Merker's attacks show he has no filter.
Nancy Filian, 17 Fairway Drive, President of the Boynton Beach City Library, spoke about
the Friends of the Library program. The goal of the library is to keep the children of Boynton
Beach reading and learning. The library is always filled with children in the mornings and
teenagers and middle - school children in the afternoons. There are also many children on
Saturdays.
The Friends of the Library program raises money in order to continue providing the special
events and resources children need to keep reading and enjoying it. Money is raised through
the book store which is run by volunteers.
There will be a benefit luncheon on Monday, February 17 Presidents' Day at Benvenuto
Restaurant. Dr. Robert Watson, author, historian and professor will be the guest speaker. Dr.
Watson and his son wrote a book called; "Tsunami" which was inspired by a true story. Tickets
are $50 which will include the luncheon, an auction and the speaker. All are invited. Ms. Filian
distributed flyers for the luncheon.
Michael Byrd, 7107 Pinehurst Drive, is President of the East Boynton Wildcats, a youth
football and cheer program. Mr. Byrd came to the Commission meeting in early January with
students to speak about winning the National Championship. The East Boynton Wildcats won
the Partner of the Year award which is given to the team who has not had any league violations
and whose leadership is giving children the best education it can give. Out of the entire league,
the City of Boynton Beach East Boynton Wildcats received the Partner of the Year award for the
second time in three years of its existence.
Terry lames, 656 NW 1 Avenue, commented she has been a resident of Boynton Beach all of
her life. She spoke about the flooding in Industrial Park west of 1 -95 that had four feet of water.
Everyone in the community pays for storm water every month and the storm drains did not work.
Ms. lames stated there were seven inches of water throughout her entire building. The storage
facility was flooded with four feet of water for over 15 hours. Carpets had to be ripped out as
well as drywall so that black mold would not form. Ms. lames commented it does not make
sense to try and attract new businesses if the area is constantly flooding.
Mayor Taylor assured Ms. lames the City would look into this situation. The Mayor was not
aware the drains were not working but would find out what happened and correct it.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
Commissioner Casello commented Palm Beach County crews went out to the communities
assessing the damage to see who might be eligible for small business loans.
Bethany Clarke, 410 W. Ocean Avenue, also wanted to speak about the storm water. Ms.
Clarke bought her house 12 years ago and there were signs in front saying the City was fixing
the flooding problem. However, 12 years later it still isn't fixed. Ms. Clarke lives with her five
children. She had to rip out all the floors and drywall to prevent black mold developing. Ms.
Clarke commented what good is taking out a loan if the drainage problem is not fixed. Ms.
Clarke asked for guidance.
Commissioner Fitzpatrick commented the area was a swamp and there used to be standing
water for two to three months out of the year in this area. South Florida has always been low
land. Old plot plans show the area was known as a lake. They have done a lot of drainage but
it is physically impossible for the ground to absorb so much water.
Vice Mayor Hay commented the recent flooding was an eye opener for everyone and highly
unusual. There are two types of drainage in Boynton Beach. One type flows into the canals
and the other type that does not connect to the main drainage. Water goes down into the
ground and to a drain; however, the drain is clogged with sand. The sand has to be taken out in
order for the water to drain. A master plan must be developed for the entire City. Boynton
Beach has challenges staff is addressing and there has already been activity to rectify the
situation.
Lori LaVierriere, City Manager, directed Ms. Clarke to speak with the Utility Director, Chris
Roschek. However, Ms. LaVierriere wanted Ms. Clarke to know within 6 -9 months there will be
a major improvement project for the entire corridor.
Mark Karageorge, 1048 Main Boulevard, stated he wanted to acknowledge three people in
Boynton Beach.
• Resident Guam Sims, voted by the Palm Beach County Guidance Counselors as
Principal of the Year for Palm Beach County Schools.
• James Brake was appointed to the Palm Beach County Planning Board and also serves
on the City's Planning and Development Board; and
• Lastly, Mr. Karageorge received a scholarship for a class on community real estate
development and is certified as a community real estate developer. There were 44
seats available, 26 were awarded and in addition he got the scholarship.
Dr. Piotr Blass, 113 W. Tara Lakes Drive, stated he is very much affected by the stories told of
the flooding. People have said this was a once in 1,000 year event but there should be a civil
defense plan in place for future events. Dr. Blass suggested the University of Boynton do a
study on how the City can better prepare for such events. Dr. Blass suggested the City
Manager continue trying to work with FEMA.
Dr. Blass also gave his thoughts regarding loans for small businesses which are fine, but
suggested asking for grants instead. People do not want to borrow money during difficult times.
The City can help by possibly hosting a benefit concert/event to raise money for people who
suffered so much from the flooding.
6
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
Finally, Dr. Blass appreciates the invocations done by Vice Mayor Woodrow Hay, but asked if
an invocation can be done by a Rabbi now and then. Mayor Taylor responded they are invited
to come.
Ms. lames returned to the podium to comment Boynton Beach is not a swamp. New
businesses will not come to the area if they know it is a flood zone. Ms. lames stated she was
told by the City the reason it flooded was because Lake Worth Drainage District did not open
the locks until the next day.
Mayor Taylor reiterated this was a very unusual event. There were crews out all night, pumping
water wherever they could. The crews tried to respond to the best of their ability.
Commissioner Fitzpatrick commented Lake Worth Drainage District did an excellent job. There
is no system designed to handle 22 inches of rainfall in 24 hours. Lake Worth Drainage District
did not open the locks earlier because it would have destroyed their system. If they had opened
the locks, there would have been a high velocity that would have completely destroyed the
canals for miles. If there is more water than they can release, it sits on the land until it stops
raining. This is a low lying area.
No one else coming forward, Mayor Taylor closed public audience.
5. ADMINISTRATIVE
FEBRUARY 04, 2014
A. 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: 1 regular and 2 alternates
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student and 1 student NN
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 2 alternates
Recreation and Parks Board: 1 regular and 2 alternates
Planning and Development Board: 1 regular
Senior Advisory Board: 1 alternate
Veterans Advisory Commission: 2 alternates
Mayor Taylor moved to appoint Gregory Murphy to the Education & Youth Advisory Board,
however, Mr. Murphy also indicated on his application he wanted to serve on the Planning and
Development Board. After some discussion, Mayor Taylor withdrew his nomination to appoint
Mr. Murphy to the Education and Youth Advisory Board and Vice Mayor Hay nominated him as
a regular member on the Planning and Development Board.
Motion
Vice Mayor Hay moved to appoint Mr. Gregory Murphy to serve as a regular member on the
Planning and Development Board. Commissioner Casello seconded the motion.
7
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
Vote
The motion passed unanimously.
Commissioner Merker moved to appoint Ms. Christine Stella to serve as an alternate on the
Financial Advisory Committee. Vice Mayor Hay seconded the motion.
Commissioner Fitzpatrick suggested making Ms. Stella a regular member since there was an
opening. Commissioner Merker recommended tabling the nomination until Ms. Stella could be
asked what she would prefer. Ms. Prainito will contact Ms. Stella. Ms. LaVerriere stated a
member resigned recently and this appointment would restore a quorum. After much
discussion, it was decided Ms. Stella would serve as an alternate and in the event a regular
member is absent she can fill in so there is a quorum.
Vote
The motion passed unanimously.
Commissioner Merker moved to appoint Mr. Michael Bird to serve as a regular member on the
Recreation and Parks Board. Vice Mayor Hay seconded the motion.
Vote
The motion passed unanimously.
6. CONSENT AGENDA
FEBRUARY 04, 2014
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.
Mayor Taylor noted Item "F" was pulled at the request of Commissioner Casello.
Commissioner Casello discussed the issue of moving the communications center to Station 5
which has an additional cost for the cabling. Commissioner Casello inquired why the City
should absorb the cost. Mr. Livergood explained the extra cable is not a requirement but a
choice. The extra cable ensures more power to each station so if one goes down, the other
stations would still function. Not including the extra cable in the original contract was an
oversight. Commissioner Casello inquired if the City is being subsidized for the consoles. Mr.
Livergood responded the furniture is being reimbursed by the county which is approximately
$215,000.
Motion
Commissioner Casello moved to approve the additional funds needed for interior renovations
and improvements for Fire Station 5. Commissioner Merker seconded the motion.
8
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
VOTE
The motion passed unanimously.
7. BIDS AND PURCASES OVER $100,000
None.
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None.
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
9
FEBRUARY 04, 2014
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. Discussion for consideration of modifying City Hall Office Hours
Ms. LaVerriere stated Commissioner Casello raised this issue and requested more information
on what the impact would be for City Hall to go back to a five day work week.
Jaime Ann Wooley, 306 SW 12 Avenue, who works in the Development Department,
commented there are additional issues not reflected in the backup material she wanted to
address. Ms. Wooley stated there are other benefits to the 4/10 schedule not only to the
Climate Action Plan but to people who utilize City Hall services, the personnel and the tax
payers. Members of the Sustainability Team have put forth a great effort to educate employees
and the public of the benefits of reducing carbon footprint. City Hall being closed and fuel
conservation of City vehicles not being used helps reduce carbon footprint. Employees who live
outside of the City limits have one less day a week to commute which also reduces the carbon
footprint for each employee.
Ms. Wooley commented she regularly hears from residents and contractors who visit City Hall of
how appreciative they are for the extended hours. They can come in on their way to work or
stop by on their way home from work. The people that are happy with the extended hours are
not represented in the material because they are not complaining.
The 4/10 work week is affording employees the opportunity to take care of their personal
business on Fridays. Going back to the five day work week will take employees away from their
responsibilities when they have to come in late, or leave early, or take a day off to take care of
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
their personal issues. This would also create a problem with Supervisors having to find
someone to cover for the employee who is not in.
ITS conducts their system maintenance on Friday and Facilities Management recently did
necessary construction in the main lobby area on Friday which helped reduce the impact on
employees who would otherwise be working during these situations as well as the public coming
for services.
Ms. Wooley commented a four day work week helps to be a more interactive with customers
and the general public who use the services.
Ms. Wooley directed her comment to Commissioner Casello, who stated in the last Commission
meeting; "It should be noted that building inspectors work on Fridays ". Ms. Wooley wanted to
clarify that building inspectors work on Fridays, but by appointment only.
Another point Ms. Wooley wanted to make was about the storm that caused the flood. If the
storm had happened on a Friday night or a Saturday night people would not have been able to
get through to City Hall because it would have happened on a weekend. If the main phone
numbers for City Hall were not forwarded to the EOC when it was activated, perhaps this can be
considered in the future. At least people would be able to speak with someone or at least hear
a recording with important information.
The majority of departments within City Hall were not the departments residents needed. The
majority of what they needed were Police, Fire and Utilities who they were already getting help
from.
Ms. Wooley thanked the Commissioners for their time and asked they consider all of the
different aspects of this issue and not make a decision based on one incident.
Commissioner Casello inquired how long Ms. Wooley has been working for the City and Ms.
Wooley responded since 2008. He also asked her how she managed the five day work week
prior to the change. Ms. Wooley stated having worked both schedules she prefers the 4/10
work week. Although it is a matter of convenience for employees, it also is convenient for the
public.
Mayor Taylor thanked Ms. Wooley for her input.
Kevin Scully, Scully's Restaurant, 2005 S. Federal Highway, expressed his opinion when
the City is open five days a week it is good for the economy. In 2007 when City Hall closed on
Fridays, it impacted his business on top of the recession. From a business standpoint, City Hall
being closed on Fridays is not good for business. Although Mr. Scully understands the
employees view, a company like Federal Express is open seven days a week because it is all
about customer service.
Dr. Piotr Blass, 113 W. Tara Lakes Drive, commented in an ideal world, City Hall would be
open 24 hours a day, seven days a week. However, since this not possible, employees can still
work four days a week. It has to be an organization of labor that would accommodate the
10
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
11
FEBRUARY 04, 2014
employees and still serve the public. Dr. Blass expressed his agreement to reopening City Hall
on Fridays.
No one else coming forward, Mayor Taylor closed public audience.
Commissioner Casello inquired which departments currently work on Fridays. Ms. LaVerriere
responded the Police and Fire Departments are 24/7, Utilities works on five day work week,
Public Works has partial crews, Sanitation crews as well as a limited fleet mechanic crew that
come in on Fridays to support any vehicle issues. There have been some adjustments in the
Building Department to be able to respond to the needs of builders should they require an
inspection. If they have failed an inspection on a Thursday, they would have to wait to get back
into the que on Monday and not be seen until Tuesday which is too many days to wait. Builders
who are coming in on Fridays by appointment only are paying extra for that service. Most of the
City Halls in the surrounding communities are open five days a week with the exception of
Wellington. Boca Raton and Delray Beach are on a five day work week schedule.
Commissioner Casello commented a lot of work went into getting the Police Department lobby
open five days a week. One of the problems Commissioner Casello experienced personally,
was getting a report from the Police Department and then not being able to pay for it because
the cashiers at not there on Fridays.
Another issue Commissioner Casello discussed was the occasional holiday that falls on a
Monday. City government should not be shut down for four days straight. The City is trying to
be progressive and show builders the City wants their business, and having a compressed work
week will not accomplish that. The City has to get back into a smoother mode of operation by
getting back into a five day work week.
Vice Mayor Hay stated in 2007, the 4/10 work week was instituted on a tentative basis due to
the economic situation at the time and a way of saving money. The flood storm happening only
expedited the discussion that was inevitable. The main purpose of City Hall is to provide
service. However, Vice Mayor Hay also commented studies have shown productivity goes
down after working a certain number of hours. Inspectors who are paying extra to be seen on
Friday is not acceptable. Boynton Beach is one of three cities in the 38 municipalities in Palm
Beach County that provide full services to their customers. Vice Mayor Hay supports going
back to a five day work week.
Commissioner Fitzpatrick commented he happened to be on line paying a water bill at
approximately 5:15 p.m. There were a couple of people on line who were talking about the
rates going up and a young woman who was talking about her water being turned off. If a
person's water bill is paid by 5:30 p.m., it can be turned back on the same night. It would be a
great benefit to our citizens to be able to have until 6:00 p.m. to pay their water bill. In regards
to the Police Lobby being open and people not being able to pay for a report, perhaps ITS can
update the software to allow other departments to enter sales. Lastly, whoever makes the
motion to pass this issue should also include where the $85,000 is coming from do to this.
Commissioner Fitzpatrick stated changes in policy should be done during the budget hearing.
Commissioner Merker remarked it was interesting this issue is now being brought forward since
he suggested in 2013 to switch over to a five day work week. Commissioner Merker stated he
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
met with all department heads and received many different opinions, but was appreciative to
hear their thoughts. He agreed with the public speaker a four day work week could be
maintained. However, as a business owner, Commissioner Merker is in favor of a five day work
week because most other businesses are on a five day work week schedule. As an elected
official, Commissioner Merker stated his first concern is for the citizens. While he respects the
City Hall employees, an elected official must put the concerns of the people first. Commissioner
Merker also stated this has not been budgeted for. The $85,000 amount does not include
opening the library which would be approximately another $100,000. Commissioner Merker felt
the best time to start the new work week would be in October when the budget is being
discussed. .
Commissioner Casello responded to Commissioner Merker stating this issue may not have
been understood when he first brought it up in 2013. The Commissioner wanted to comment
the storm on January 9th cost the City approximately $38,000 in overtime. Changing the
schedule back to a five day work week will not start right away and will be discussed.
Commissioner Casello also commented he met with some of the department heads and with the
City Manager, and some were of the opinion there could be some flexibility with their
employees.
Mayor Taylor spoke about the four day work week versus the five day work week and voiced his
concerns. If a developer needed an inspection done on a Friday he would have to schedule it
on Thursday. However, if the inspection does not get scheduled on Thursday it would have to
wait until Monday. This is of concern to Mayor Taylor because it would mean stopping
construction which helps build the economy. The developer can schedule an appointment on a
Friday but would be charged for this service. On the other hand, if a resident gets home from
work at 5:30 p.m. and finds the water has been turned off on a Friday, it would cost the person
extra for their water to be turned on which is not fair to the customer either. Mayor Taylor
commented he has not received any calls since the 4/10 schedule started from anyone
complaining that City Hall is not open on Fridays. The money aspect of it is also something that
needs to be considered.
Ms. LaVerriere commented the $85,000 is an estimate. The City would continue to pay its
electric bill and if there is an overage the adjustment would be made at the end of the year.
Mayor Taylor continued his comments stating the City's main goal is to serve the public and try
not to inconvenience the employees. Mayor Taylor agrees it would serve the public better to go
back to a five day work week.
Vice Mayor Hay inquired if the City could be flexible with employees who can demonstrate a
hardship by returning to a five day work week. Ms. LaVerriere responded this was done when
the compressed work week began. It created childcare issues for some employees.
Employees voluntarily shortened their work hours, and their pay, to be able to find alternatives
for their children on Fridays. The Lobby Service for Utility Billing and Customer Service would
have to come in a little earlier and stay a little later and possibly flex schedules to make that
system work. If the Lobby hours change to 8:00 a.m. to 5:00 p.m. there would have to be
flexibility to still provide that service. Mayor Taylor also suggested putting off changing the
hours until July to give employees time to adjust.
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
Commissioner Fitzpatrick inquired if the Lobby goes to a five day work week could other
departments remain on the four day work week. Mayor Taylor questioned if the union would
have a problem with some departments going to a five day work week and not others. Ms.
LaVerriere responded there are bargaining rights in the bargaining contract should there need to
be any work hour changes.
Mayor Taylor commented it should be the same schedule for all departments so there are no
possible morale problems. Commissioner Merker suggested giving the employees the longest
amount of time to acclimate back to the five day work week.
Motion
Commissioner Casello moved to change the four day work week back to a five day work week.
Vice Mayor Hay seconded the motion.
Vote
The motion passed 4 -1 (Commissioner Fitzpatrick dissenting).
Ms. LaVerriere suggested beginning the new five day work week schedule when school ends so
that employees have the summer to transition. Commissioner Merker recommended starting
the five day workweek on October 1 in respect to the employees and for budget hearings.
Motion
Commissioner Merker moved to begin the new five day work week on October 1, 2014. Vice
Mayor Hay seconded the motion.
Commissioner Fitzpatrick recommended starting in July since October is already into the school
year and may be difficult for employees to transition. Ms. LaVerriere commented the four day
work week started in June after school ended. Vice Mayor Hay agreed.
Motion
Vice Mayor Hay moved to begin the new five day work week on July 1 The motion was
seconded by Commissioner Casello.
Vote
The motion passed unanimously.
Ms. LaVerriere stated the hours of operation have to be discussed. Commissioner Casello
recommended 8:00 a.m. to 5:00 p.m. Ms. LaVerriere commented the Finance Department will
probably have to start a half -hour early to prepare for customers and perhaps stay a half -hour
later. Commission Casello stated departments should try to be as flexible as possible.
13
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
Motion
Commissioner Casello moved to have hours of operation 8:00 a.m. to 5:00 p.m. Vice Mayor
Hay seconded the motion.
Commissioner Merker agreed with the hours of operation however stated being flexible may
cause issues between departments and employees. He commented the hours of operation
should be the same for all employees.
Vote
The motion passed 4 -1 (Commissioner Fitzpatrick dissenting).
Ms. LaVerriere stated July 1 St is a Tuesday and suggested going to the nearest pay period to
make the change. The Commission agreed.
11. UNFINISHED BUSINESS
A. Discuss disposition of Old High School Building
Mayor Taylor requested this item to be added to the agenda so a possible resolution about the
old high school building could be determined. Many developers have come and gone over the
past few years including the last one who was no longer interested in the building. The building
is now a health and safety hazard. The roof has been deteriorating and collapsing for some
time. No one should enter the building at this point. Something needs to be done before the
next hurricane season. The building is not serving any purpose.
Earlier the Commission asked the Treasure Coast to do a general planning for the whole
downtown area and the building should be demolished so there is a clear cut view of where the
Commission wants to go with this area. No one has come forward with any ideas or plans and
the City will not have the funds in the foreseeable future to renovate the building.
Commissioner Casello commented there will be a cost associated with demolition and he was
concerned about where the money would come from. He recommended holding this item over
until the next budget talks.
Vice Mayor Hay believed there was money available for demolition. Mayor Taylor and Ms.
LaVerriere both agreed there were funds at one time but there no longer is money budgeted for
demolition. Vice Mayor Hay inquired as to the cost currently being spent on maintenance.
Jeff Livergood, Director of Public Works, stated since the future of the building is not known
there is minimal maintenance being done. Currently, costs include pest control and insurance.
Some temporary repairs to the roof were done a few years ago but it continued to fail. Ms.
LaVerriere confirmed $30,000 is spent on insurance.
Vice Mayor Hay inquired about what the legal impact would be on pending issues if the building
was demolished.
14
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
FEBRUARY 04, 2014
James Cherof, City Attorney responded there would be little if any impact since there has
been no indication from the time the transaction fell through on the part of the interested party of
any attempt to continue with the re- development of the old high school.
Vice Mayor Hay wanted clarification the interested party at the time will not come back and say
the City reneged because the building was torn down. Mr. Cherof stated the lawsuit is already
pending about the City walking away from the transaction and the demolition would not change
the lawsuit at all. He reiterated, there would be little to no impact on litigation.
Vice Mayor Hay supports discussing this during the October time frame so budget concerns can
be considered.
Commissioner Fitzpatrick agreed the City Manager should provide a cost estimate for the
demolition. He further suggested that nothing be decided until the Treasure Coast and CRA
address this issue since they may want to work it into their plans. There had been some
preliminary discussion about the potential of using the fagade of the Old High School in a new
City Hall. Although Commissioner Fitzpatrick attended school in this building, he does not have
a strong attachment to it. In the 10 months he has been in office, he has heard from
approximately 15 to 30 people who would like the building saved; however, no one has stepped
forward to accomplish that task.
Commissioner Fitzpatrick inquired if the building has a historical designation. Mr. Cherof
responded in conjunction with the public private partnership, part of the transaction was to
designate the property as historic. Mr. Cherof recommended bundling the historic designation
and the land use designation in the one ordinance to rescind. Mayor Taylor agreed Vice Mayor
Hay said the building was never nationally recognized as historic. That was a designation by
City Commission action.
Commissioner Merker said he has been consistent with not being in favor of keeping the high
school. He was the only one who voted no for all the issues that came up in the past year.
Commissioner Merker inquired about the Treasure Coast and the CRA now coming together.
He would like to know what their plan is prior to taking any action. Commissioner Merker is not
changing his vote but wants to have all relevant information before making a decision to tear
down the building or not. Would the person who filed the lawsuit be able to say he wants more
money because the building was torn down? This would drag out the negotiations or the
settlement.
Vice Mayor Hay replied many of the issues being brought up have been discussed before. This
is not the first time the old high school has been discussed. Vice Mayor Hay recommended the
Commissioner become familiar with the history of this issue before making any comments.
Mayor Taylor asked the City Manager to bring this up at budget time to hear what it would cost
to demolish the building.
12. NEW BUSINESS
None
15
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
13. LEGAL
A. PROPOSED ORDINANCE NO. 14 -001 — SECOND READING — Approve Ordinance
amending City Code of Ordinance Sections 10 -50 and 10 -52 regarding Abandoned
Property.
Attorney Cherof read Proposed Ordinance 14 -001 for second reading.
Mayor Taylor announced the public hearing and closed it when no one came forward.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance 14 -001. Commissioner Casello
seconded the motion.
Commissioner Fitzpatrick commented he received
was parked in front of his property with a For Sale
they could do about it. Commissioner Fitzpatrick
blocking the Stop sign it can be towed as a hazard
Vote
City Clerk Prainito called the roll. The vote was 5 -0.
Attorney Cherof stated the City Commission previously announced a closed -door session to
discuss pending litigation in the case of Olen Properties Corporation and Secured Holdings, Inc.
vs. Quantum Park Property Owner's Association and many other parties including the City of
Boynton Beach pending in Palm Beach County Circuit Court. The closed -door session will
consist of members of the Commission, the City Manager and the City Attorney. The court
reporter was available and under the statute it is required after the closed -door discussion, to
resume the public meeting and adjourn the public meeting.
Mayor Taylor called a recess until after the closed -door session. Recess began at 8:38 p.m.
FEBRUARY 04, 2014
a phone call from a resident about a car that
sign on it. The police said there was nothing
inquired about this and was told if the car is
Commissioner Fitzpatrick asked for clarification about the timing.
Jeffrey Katz, Police Chief, explained the reason the Ordinance is being changed was due to a
conflict with another Ordinance. Ms. LaVerriere added there was a conflict with a clause in
another Ordinance as far as the time frame for due process of noticing. Ms. LaVerriere stated if
a vehicle is illegally parked, it would not be an abandoned vehicle issue. Chief Katz clarified a
vehicle can be towed for various reasons other than it being abandoned. Commissioner
Fitzpatrick inquired how a parked car with a For Sale sign on it and an illegally parked car are
distinguished. Chief Katz replied the Code Compliance Officers will tag the car with a sticker. If
over a period of 10 days nothing is done about the sticker by the owner, it would be designated
as abandoned and towed.
16
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
ATTEST:
t M. Prainito, MMC
Clerk
r =ce Morales
Records Coordinator
17
CITY OF BOYNTON BEACH
Woodrow L. Hay, Vice Ma
erker, Commissioner
Michael
Casello, Commissioner
FEBRUARY 04, 2014
^L/