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Minutes 03-04-14MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 04, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT. Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner ABSENT: Jerry Taylor, Mayor 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick In the absence of Mayor Taylor, Vice Mayor Hay called the meeting to order at 6:31 p.m. and gave the invocation. Commissioner Merker led the Pledge of Allegiance to the Flag Roll call revealed a quorum was present as noted above. It was indicated that Mayor Taylor was in Tallahassee for Palm Beach County Days. D. Brand Promise Statement The Brand Promise Statement was recited 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 Casello requested a discussion on sober houses be added to Future Agenda Items. Neighboring communities were dealing with the issue and there was State legislation pending to regulate the operation of sober houses. Boynton Beach should be prepared before the problem arises in our City. 1 Carisse LeJeune, Assistant City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 4, 2014 Vice Mayor Hay requested addition of a discussion on a change to the term limits for a Commissioner to then run for Mayor. Both items would be added to Future Agenda Items for the next agenda. 2. Adoption Motion Commissioner Fitzpatrick moved to adopt 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 Commissioner Casello disclosed he had met with Marie Horenburger and Mark Fuller of Morganti Group Company, a construction firm. A reminder about the March 11 election was given and he encouraged citizens to vote in District II and District IV. Commissioner Merker re- enforced the comment by Commissioner Casello relating to the right to vote and hard work of candidates running for election. Voting is the American way. Commissioner Casello recalled most of the Commission had attended the Boynton Beach Paramedics award ceremony. He commended Fire Chief Carter for the great job. Commissioner Fitzpatrick had attended the Metropolitan Planning Organization meeting that was very educational. He also went to the reception for the Community Caring Center and the South Florida Canine Competition. The educational forum on pensions was interesting and revealed some ideas for change to make the funds more sustainable. Commissioner Fitzpatrick had met with County Commissioner Santamaria about the four acres of County land at the end of Lake Ida Park The County Commissioner response seemed positive The opening of the East Boynton Little League was a rite of spring and a good day. Vice Mayor Hay had gone to the South Central Regional Wastewater Disposal and Treatment Board quarterly meeting, the St. John Primitive Baptist 100 Anniversary and the Palm Beach County League of Cities meeting. He had also participated in the West Boynton Beach Little League 20 Anniversary parade in conjunction with the 75 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 4, 2014 Anniversary of Little League. Vice Mayor Hay had also engaged in the League of Cities legislative call in, as did Assistant City Manager, Carisse LeJeune. He encouraged other Commissioners to call in when possible. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors regarding the "Spring into Summer" event which will be held at Intracoastal Park on Saturday, March 15 from 11 a.m. to 12 noon. The third Saturday of every month was the Play Outdoors Unplugged series and the "Spring into Summer" event would be held on March 15 from 10 a.m. to 12 noon. It would include activities for the entire family. An early bird discount would be offered to anyone registering for the summer programs at the event. B. Proclaim March 22, 2014 as All People's Day O. Susan Berkowitz - Schwartz, Founder and President of All People's Day ® will accept the Proclamation. Vice Mayor Hay read the Proclamation for All People's Day and presented it to Susan Berkowitz- Schwartz. She commented the event would be held in Pompeii Park in Delray and feature various entertainers performing every 15 minutes. There will be 50 vendor booths including projects for kids and food vendors. The event is free. C. Proclaim the month of March 2014 as The City of Boynton Beach Firefighter Appreciation Month. Kaitlyn Harris, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. March 2014 was proclaimed Boynton Beach Firefighter Appreciation month in conjunction with the annual Muscular Dystrophy Association fund drive. Ms. Kaitlyn Harris was present to accept the Proclamation and thanked the entire City of Boynton Beach for their support of the "Fill the Boot" campaign. The goal was $30,000 this year. Fire Chief Carter announced the collections would begin on March 15 and continue for the next three weekends. The funds are used to treat neuromuscular diseases in Palm Beach County Commissioner Fitzpatrick presented Vice Mayor Hay with a plaque for his service on the Metropolitan Planning Organization 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) 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 4 MARCH 4, 2014 David Katz, 67 Midwood Lane, pointed out he had filed a public records request for, "Any and all correspondence, notes and emails between Commissioner Merker and the City Manager or designee and Human Resources, and the same between the City Manager and Human Resources, concerning any inappropriate behavior of Commissioner Merker towards any female employee of the City, including any notes during any counseling session with Commissioner Merker." Mr. Katz received an email from the City Clerk advising there were no records responsive to the request. He did not expect any records regarding counseling to be provided. He had been told by others that verbal counseling had been undertaken by either the City Manager or City Attorney with Commissioner Merker. It was related to inappropriate and derogatory comments toward several female employees of the City. This type of behavior should not be concealed, rather brought before the Commission for action. Mr. Katz argued the conduct constituted gross misconduct in search of using the office for personal gain. There has been hesitation in reporting the behavior due to fear of repercussions. Mr Katz asserted Commissioner Merker was an embarrassment to the Commission, the City of Boynton Beach and to the community of Hunters Run. The inappropriate behavior and the ethics violation constituted cause for his voluntary resignation or allow the Commission to institute removal from office. Kenneth Churchill, a national organizer for homeless families and individuals, presented a proposed resolution for municipalities to pass that would support setting aside several acres of land to establish a reservation for homeless people. It is a responsibility of society to assist those in need. The land would be owned in common by the homeless with no cost to the taxpayer, State or downtown merchants. The homeless would be required to keep the peace or forfeit the land. There is an effort to establish one homeless reservation in each county of the United States. The reservation should be located on the least valuable land of a municipality. Brian Edwards, 629 NE 9 Avenue, thanked Vice Mayor Hay for his service to District II. He felt Vice Mayor Hay was an incredible public servant and the epitome of ethics even during some of the darkest times for the City of Boynton Beach. Mr. Edwards recalled he supported the Children's Museum, Old High School, Lisa Bright and stood above the turmoil with dignity and rationale thinking. Janet DeVries, 806 Windward Way, President of the Boynton Beach Historical Society, advised a partnership with the City had been formed with the adoption of a Florida Room at the Library in 1968 It now includes many community projects such as Kid's Kingdom playground, the Children's Museum, interpretive signage at Jaycee Park, the Heritage Trail and marker at the Boynton Inlet She presented the Commission with copies of the digitized History of Boynton Beach film that was currently available for purchase. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Dr. Ginger Pedersen, 7817 Manor Forest Lane, gave an update on Dewey Park. A photo of two descendants of Mrs. Dewey being presented with a plaque was given to the Commission. Dr. Pedersen also distributed a book of all of Mrs. Dewey's works that had been republished. Her pioneer literature and early stories of Florida will be an asset to those in the literary field Ron Washam, 127 South Atlantic Drive, West, had seen many Commissioners come and go, but none were respected as much as Vice Mayor Woodrow Hay He had brought civility, kindness and compassion where it was lacking. In his opinion, Vice Mayor Hay had brought stability back to the City and it was his honor to have worked with Vice Mayor Hay. Dr. Piotr Blass, 113 West Tara Lakes Drive, spoke highly of Vice Mayor Hay and Reverend Chaney who were leaders in the community. Dr Blass reported the University of Boynton was working on using the energy of the gulfstream to produce energy for the entire City. There was also work being done to build giant windmills to slow down hurricanes Mark Karageorge, 240A Main Boulevard, opined Vice Mayor Hay was the right man for the City at the right time. He had led the City through tumultuous times and healed the City with unity. The City was now poised for success as a result of the leadership of Vice Mayor Hay who went above and beyond the efforts of many others. No one else coming forward, Vice Mayor Hay closed public audience. Vice Mayor Hay affirmed his belief that the God he serves would have him here at such a time as this. It was not an accident, rather divine choice. He thanked everyone for working with him. Vice Mayor Hay announced there would be a City Commission candidate forum on Thursday, March 6 from 6 p.m. to 7:30 p.m. at the Boynton Beach Library. 5. ADMINISTRATIVE 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 regular and 2 alternates Golf Course Advisory Committee. 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate 5 MARCH 4, 2014 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates There were no applicants to be appointed. 6. CONSENT AGENDA MARCH 4, 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 A. Approve reduction of the $117,507.00 performance bond posted by Standard Pacific of South Florida in the amount of $111,631.65 for the completion of the required improvements for the Monterey Bay Tract C -1 project resulting in a performance bond amount $5,875.35. B. Approve release of the performance bond in the amount of $22,000.00 for the 2nd lift of asphalt in association with the Monterey Bay project, posted by Westbrook Homes. C PROPOSED RESOLUTION NO. R14 -020 - Recognize the dual named street, Martin Luther King, Jr. Boulevard / NE and NW 10th Avenue. D. Accept the written report to the Commission for purchases over $10,000 for the month of January 2014. E. Approve piggyback of City of Sunrise contract # (11)C -14 -H with Westwind Contracting, Inc of Pembroke Park, FL for lime sludge removal with the same terms, conditions, specifications and pricing (with added surcharge). This contract will be utilized for the removal of lime sludge from the East Water Treatment Plant on an "As Needed Basis ". The estimated annual expenditure is $80,000 F Approve proposal from Tactical Team Building, in the amount of $15,000 to prepare /present a workshop on Tactical Team Building for police personnel facilitated by Psychologist Ronal Jay Cohen, Ph.D , ABPP and Barbara Pavlo, Psy.D G Award the Bid with the Southeast Florida Governmental Purchasing Cooperative Group for Hydrofluosilicic Acid (fluoride) to Harcros Chemicals, Inc. as the lowest, most responsive and responsible bidder meeting all specifications. This chemical will be ordered on an "As Needed Basis ". The City's anticipated annual expenditure is $40,000. The City of Fort Lauderdale 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion None MARCH 4, 2014 as lead agency complied with public bid requirements equal to or exceeding the City of Boynton Beach bid requirements. H. Approve the minutes from the Regular City Commission meeting held on February 18, 2014 I. PROPOSED RESOLUTION NO R14 -021 - Approve Three (3) year agreements with Arthur J. Gallagher Risk Management Services, Inc. of Boca Raton, FL and Gehring Group, Inc. of Palm Beach Gardens, FL for an annual cost not to exceed $75,000 for insurance broker services as a result of RFP #033 - 1710- 14 /JMA. Commissioner Casello moved to approve the Consent Agenda. Commissioner Fitzpatrick seconded the motion Commissioner Merker remarked on Item 6 I, that in his experience, Arthur J. Gallagher with Risk Management Services was a credible company. He felt there should be constant due diligence to ensure there are no other competitive rates for the same services. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS MARCH 4, 2014 A PROPOSED ORDINANCE NO 14 -002 - SECOND READING - Rescinding Ordinance 13 -014 - land use designation for 125 East Ocean Avenue - 3/18/2014 (This item is scheduled for the February 25, 2014, Planning & Development Board meeting) B. An Ordinance rescinding Ordinance 13 -001 which established a local /city historic designation for the old high school. Future item March 18, 2014 C. Award Police Facility architect and design contract and Task Order No. 1 for space needs update and preliminary cost estimate. 3 -18 -14 D. A Strategic Planning Update Workshop with Lyle Sumek will be held on April 24, 2014 from 9:00 a m. to 12:00 noon at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway in Boynton Beach, FL 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 16. ADJOURNMENT There being nothing further to come before the Commission, Vice Mayor Hay properly adjourned the meeting at 7:21 p.m ATTEST et M. Prainito, MMC ity Clerk ith A Pyle, CM puty City Clerk CIT David 9 OF BOYNTON BE' CH i " 1 4o 1. er Mack McCra Commission er ichael M. Fitzp er, Com ssioner rick, Co 1) Casello, Vice Mayor MARCH 4, 2014 issioner