Loading...
Minutes 07-20-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, JULY 20, 2010 Present: Jose Rodriguez, Mayor Kurt Bressner, City Manager Marlene Ross, Vice Mayor James Cherof, City Attorney William Orlove, Commissioner Janet Prainito, City Clerk Woodrow L. Hay, Commissioner Steven Holzman, Commissioner 1. OPENINGS A. Call to Order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay The Invocation and Pledge of Allegiance were given at 6 p.m. prior to the commencement of the Special Community Redevelopment Agency Board meeting. Mayor Rodriguez called the City Commission meeting to order at 8:13 p.m. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross pulled Item 6.E for discussion. Mayor Rodriguez pulled Item 6.B. Commissioner Holzman pulled Item 6.F. Commissioners Orlove and Hay had no additions, deletions or corrections. Commissioner Hay recommended moving item 14.B forward on the agenda to accommodate the public who wanted to speak on the matter. Attorney Cherof advised the Public Hearing items that had been advertised for hearing should be heard first. There was consensus Item 14.B would be heard immediately following the Consent Agenda Item 6.G. Mayor Rodriguez pointed out a citizen had requested that Item 13.C be tabled to the next meeting. Vice Mayor Ross noted 13.B was a similar type item. There was consensus to table Items 13.B and 13.C. There was also consensus to table Item 14.A to the next meeting. 1 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL 2. Adoption Motion Commissioner Orlove moved to adopt the agenda as amended. Commissioner Hay seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Ross announced the Library had a program, "Adopt a Magazine" for the year 2011 and encouraged everyone to participate and assist the Library to maintain their periodical department. Commissioner Orlove reported he had attended the 3ih Bohomian Bahamian Celebration, along with Mayor Rodriguez and Vice Mayor Ross and congratulated Lena Rahming on a nice event. He had also attended the Sand Sifters cleanup at the Gulfstream Park and the next Oceanfront Beach cleanup would be held on August ih. They could always use more volunteers. Commissioner Hay thanked the Heart of Boynton for their strategic meeting and hoped to review the minutes soon. Commissioner Holzman had no informational items other than the budget workshops. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Carolyn Sims Center Annual Family Day Picnic to be held on Saturday, July 31, 2010 from 10:00 a.m. - 7:00 p.m. Wally Majors, Director of Recreation and Parks announced the Annual Family Day Picnic at the Sims Center on July 31st commencing at 10 a.m. July 1st is recognized as Carolyn Sims' day, a long-time member of the City staff. The event would be in conjunction with the Intergenerational Gathering and the Heritage Festival. The Community Redevelopment Agency is the proud sponsor of the event. Many activities for all ages had been planned. B. Presentation and discussion of the newly established Palm Beach County Commission on Ethics by Alan S. Johnson, Executive Director of the Commission on Ethics 2 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL Mr. Johnson thanked the Commission for the opportunity to address the City and cautioned until the referendum passes or an agreement entered into with the City of Boynton Beach, it was not under the jurisdiction of the Commission on Ethics. He also commended the citizens of Boynton Beach for attending the Commission meeting and stressed citizen involvement is critical to the survival of a community. The Commission on Ethics was established by Ordinance on March 1st and it only covers the County at this time. It involves jurisdiction over officials consisting of elected officials and advisory board members and employees of the County. The Commission on Ethics is non-political. None of the Commissioners or the Executive Director can go to political functions or support any political candidate or even any referendum. The services of the Commission on Ethics would be free to any municipality signing onto the program and it is paid for by the ad valorem taxes that are assessed by the County. The Commission would issue advisory opinions and accept complaints to be scrutinized for legal sufficiency. Training and outreach are necessary so the community can feel involved. Government accountability and transparency are critical. The Inspector General would be reviewing vendor contracts to find any corruption that may exist. The Commission on Ethics is independent of the Inspector General's office and would occupy separate office space, both being at undisclosed locations. The Commission on Ethics would have no allegiance to the County or anyone else. The Commission on Ethics would be free to the municipalities; however, in the referendum there is a minimum fee of .25% of contracts with certain exclusions. Some municipalities have elected to sign up earlier prior to the referendum vote. There would have to be an ordinance adopting the standards and then an approved and executed interlocal agreement. Mr. Johnson gave an example of an ethics opinion that had recently been done by the Commission on Ethics. He stressed that in many regards the Palm Beach County Code of Ethics was more stringent than the State Code of Ethics. There would be an implementation committee to design the Code for each municipality. Mr. Johnson was very impressed with the new Inspector General's intellect and her work ethic. Mayor Rodriguez thanked Mr. Johnson for his presentation. C. Accept presentation of the final City of Boynton Beach Climate Action Plan and schedule a date certain workshop for implementation and policy direction. Presentation given by Nancy Byrne, Assistant Director of Development Nancy Byrne, Assistant Development Director, recognized the team members and requested the Commission meet with the Climate Action Plan team in a workshop format to deal with four issues. Resolution of the issues could enhance the budget and 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 20, 2010 full details of all items could be presented. There was consensus to schedule a workshop. Commissioner Holzman questioned if the legal challenges to the P.A.C.E. program were being monitored. Ms. Bryne replied there was a concerted effort of several municipalities to join together to develop a program, pending the outcome of the pending litigation. (The Public Hearing items were heard at this time.) 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) Mayor Rodriguez explained there had been a request to limit the public comments to two minutes for this meeting. Mike Osborn, 3712 Coelebs Avenue, an employee and a representative for the Blue Collar Union for the City of Boynton Beach, referred to an excerpt from a Michigan State University Management course, that the implications of losing seasoned employees are negative. He contended that was happening in the City of Boynton Beach. None of the jobs proposed to be cut are from top level management and one manager is slated to receive a $9,201 raise for taking on new responsibilities that are in his current job description. Mr. Osborn saw it as unethical to continue with no cuts in upper management, cell phone or car allowances. Mayor Rodriguez replied all the items discussed by Mr. Osborn had been addressed at the budget workshop and were still under consideration. Tony Taylor, with the Public Works Department and Facilities Management division, had been told his position and his staff would be eliminated. Based on a proposal made last year $40,000 to $50,000 of savings had been realized. He requested the Commission give the employees the same type of opportunity before a final decision is made. Mayor Rodriguez emphasized a suggestion box was made available for any recommendations or proposals for savings. Karen Yeh Ho, 2409 Quantum Boulevard, advised the building permit office for the City had been most helpful. She was upset that her property had passed the fire inspections when the tenant had been there for several years but failed this year. Ms. Yeh Ho and other owners had also been required to pay monies to pay fines and put numbers on the buildings. 4 Meeting Minutes Regular City Commission Boynton Beach, FL July 20,2010 Mayor Rodriguez directed Ms. Yeh Ho to speak to Nancy Byrne, Assistant Development Director, to resolve the issues. Richard Parsons, a resident and business owner in Boynton Beach for 27 years, had seen the many changes and growth within the City. He sou~ht administrative relief for $1,800 of outstanding utility bills for his property at 309 NW 4t Street. The property had been vacant with no utilities for several months due to hurricane damage and vandalism. There had been no water or sewage use and no trash pickup. He had restored the property and has a tenant who would like to reside at the property. Attorney Cherof advised Mr. Parsons to call his office and he would assist with the issue and relief, if any, that could be helpful. Mr. Bressner added the Ordinance requires a basic charge for utilities whether or not there is consumption. Dan Miller, attorney with Broad and Cassel, spoke on behalf of Eastern Auto Body and Glass and its owner David Floering, who have been in operation over 20 years in the City of Boynton Beach. His concern was with the Request For Proposal (RFP) for the towing contracts that would be going out for bid. Eastern was a tow vendor in the current rotation. The equipment that was required just to submit a bid was six trucks and to obtain at least one heavy duty truck and possibly a second. Eastern would have to obtain two trucks just to submit a bid. The new proposal calls for 15 interior storage spaces and 100 outside spaces. Eastern would have to have a building four times larger. The changes need to be justified and reviewed to determine if they are necessary. Lori LaVe rriere, Assistant City Manager, indicated there had been a pre-bid conference and several of the issues were raised and amendments were made to not require C and D vehicles for the actual bid submittal. They would have to verify their ability to acquire the equipment if they were awarded the bid. The deadline for the RFP was also extended to give the vendors additional time. The space requirements had not changed because 100 spaces were available with the current six vendor rotation. There was a change that the 15 interior spaces had to be within the City limits and a portion of the outside storage should be within 10 miles of the City limits. Mayor Rodriguez suggested Mr. Miller contact the Assistant City Manager if he had any further questions. Willie Aiken, 726 NE 1st Street, spoke in support of the Neighborhood Specialist position. The position worked as a liaison between the City and the community, wearing many hats and organizing many events for the area. He urged the Commission to save the position and the current employee who did a great job. 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 20,2010 Kim Kelly, owner of a business at 529 E. Ocean Avenue, Hurricane Alley, implored the Commission to keep their vote for an independent CRA Board. Her business had been the recipient of many grants to promote growth and the tax base. She started with only two employees and now employs 35 and 80% reside within the City of Boynton Beach. Working with the Commission was too overwhelming and political agendas always interfered. She implored the Commission to appoint an independent board to have a fresh perspective. There was no need for an advisory board and she opined it would be redundant and time wasted. Victor Norfus, 261 N. Palm Drive, strongly agreed with appointing the independent board and keeping the timeline as originally agreed. Mr. Norfus contended the CRA Executive Director's term would be ending and the City needed a fresh CRA Board and Executive Director. He also felt upper management should get cuts in pay and not get promoted if others are cut and have additional jobs to survive. Mr. Norfus inquired if there were any local vendors or workers involved with the Seacrest Streetscape project. Lance Chaney, 4312 Pomelo Boulevard, commended the Commission for facing the challenges of budget cuts. He encouraged the Commission to reconsider the loss of the Neighborhood Specialist position. It was a liaison to connect the voice of the City to the Commission. He urged the Commission to move forward with their efforts for the independent CRA Board. The streetscape on Seacrest was appreciated, but it would create a problem for access to the St. John Missionary Baptist Church. He requested some type of traffic control on Sundays. Drew Zuccala, 633 Industrial Avenue, President of Professional Wreckers of Florida, reported the Association did not support the practice of franchise fees. The practice started in Miami and was working its way north. Mr. Zuccala was also a vendor who was in the rotation system and responding to the RFP and subsequent bid. Brian Edwards, 629 NE 9th Avenue, was pleased with the budget process even though layoffs were being proposed. Mr. Edwards vouched for the need to keep the Neighborhood Specialist position viable and current employee in some capacity to assist the communities and the City. Herb Suss, 1711 Woodfern Drive, commended City Manager Bressner for his budget presentation. He also discussed supporting the renovation of Galaxy Elementary School and at School Board meetings to assure the funding is included in their upcoming budget. No one else coming forward, Mayor Rodriguez closed the public audience. 5. ADMINISTRATIVE 6 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Orlove moved to table all appointments. Commissioner Holzman seconded the motion. The motion passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes of the Regular City Commission meeting held on July 6, 2010. B. PROPOSED RESOLUTION NO. R10-091 - Approve amendment to the contract due to a change order requested by Burke Construction Group, Inc. in the amount of $33,317.79 for increased installation costs of Sky Shade pavilions as part of the Boat Club Park renovation. The revised contract amount will be $254,217.79 with the same original contingency of $22,090 (now 8.7%) for a total project construction cost of $276,307.79. Bid# 065-2730-09/CJD. Mayor Rodriguez had pulled this Item for discussion. He questioned if the expense was a cost underestimate or change order. Jody Rivers, Parks Superintendent, explained the Sky Shade product was proprietary and the bid is an estimate. Also the large support columns created a larger change order than anticipated, but still within budget. Mayor Rodriguez suggested the methodology called Construction Management At Risk that, if utilized, would have prevented the change order. He requested the City Manager or staff to present that methodology to the Commission for review and potential adoption to capture accurate bids. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. C. PROPOSED RESOLUTION NO. R10-092 - Approve an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. 7 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL D. Accept the written report to the Commission for purchases over $10,000.00 for the month of June 2010. E. PROPOSED RESOLUTION NO. R10-093 - Support the Inclusion of Galaxy School Reconstruction in FY2011 Capital Improvement Budget for the Palm Beach County School District Vice Mayor Ross had pulled this Item for discussion. She stressed it was a very important issue for the City and the School Board was considering not funding three projects for budget reasons and Galaxy Elementary School renovations were included in the proposed cuts. Commissioner Orlove thanked staff for bringing the issue before the Commission with a Proposed Resolution. Motion Vice Mayor Ross moved to approve Resolution R 10-093. Commissioner Orlove seconded the motion. The motion passed. F. PROPOSED RESOLUTION NO. R10-094 - Award a contract for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND/OR FULLY INSURED PLAN" (RFP 046-1610-10/CJD), to "CIGNA, Option 2, Revised" for medical insurance with a plan year of October 1, 2010 through September 30,2011 PROPOSED RESOLUTION NO. R10-095 - Approve renewal of the City's Dental plan with Humana Comp Benefits for fiscal year 2010/2011. PROPOSED RESOLUTION NO. R10-096 - Approve renewal of the City's Vision plan with Humana Comp Benefits for fiscal year 2010/2011 PROPOSED RESOLUTION NO. R10-097 - Approve renewal of the City's Life/AD&D insurance with Hartford Life for fiscal year 2010/2011 This item had been pulled by Commissioner Holzman for discussion. He questioned if the employee contribution toward the premiums was considered and the potential savings estimated. Sharyn Goebelt, Director of Human Resources, replied it was reviewed and noted there are six collective bargaining agreements that require the City to pay 100% of the employee only coverage that was negotiated in good faith. Five of the six agreements would be expiring September 30, 2010. There were two Memorandums Of Understanding (MOU) pending and she noted Police have three collective bargaining agreements. The issue was not addressed in the MOUs. 8 Meeting Minutes Regular City Commission Boynton Beach, FL July 20, 2010 Commissioner Holzman contended employee contribution to health care had to be seriously considered. Mayor Rodriguez suggested the decision may have to be divisional rather than across the board for all employees. Mr. Bressner advised the health care plans could not be bifurcated with varying payment arrangements. It is a group plan and had to be administered as a group. He also pointed out the dependent coverage was paid 100% by the employee. Many other public organizations have dependent coverage that they cost share. Mr. Bressner explained the Human Resource system in Boynton Beach is enormously complex with seven systems. The savings was considered and achieved by going with a different provider and employees paying more in terms of out-of-pocket costs. It will be through the actual provision of services rather than premium changes. The insurance committee reviewed the bids that were obtained and negotiated for an acceptable package for the City and employees. Commissioner Holzman inquired if all collective bargaining agreements could renew at the same time. Mr. Bressner advised it would be complete chaos and very difficult. Attorney Cherof suggested it may be appropriate to schedule a closed door bargaining session to discuss bargaining strategies, objectives, goals and the tactic of commencing employee co-pay if it becomes the policy direction of the Commission. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. G. Approve Fire Rescue reorganization as follows: a) Approve the reclassification of a budgeted vacant Administration and Finance Officer position from a Pay Grade 34 to a Pay Grade 30. b) Approve the reclassification of the incumbent in the Community Relations Specialist Pay Grade 24 position to a Community Relations Specialist/Emergency Manager, Pay Grade 30 (Item 14.8 was moved forward for discussion at this time.) 7. BIDS AND PURCHASES OVER $100,000 (Commissioner Hay left the dais) A. PROPOSED RESOLUTION NO. R10-098 - Approve Contract for "BARTON GREENWAY AND PALMETTO GREENWAY EXPANSION" Bid # 041-2710- 10/CJD with WEST CONSTRUCTION, INC. of Lake Worth, Florida, in the amount of: $347,527.14 plus a 10% contingency of $34,752 for a total expenditure of $382,279.14. 9 Meeting Minutes Regular City Commission Boynton Beach, FL July 20, 2010 Ms. Rivers explained the request was for two extensions of existing greenways. One is the south side of the C-16 canal extension and the other through Barton Park and Cemetery, connecting to the Galaxy Scrub. All the monies are from FDOT with City contribution. Motion Commissioner Holzman moved to approve. Vice Mayor Ross seconded the motion. The motion passed. (Commissioner Hay was not present for the vote) B. PROPOSED RESOLUTION NO. R10-099 requires the following actions: (1) Confirm waiver of the formal bid requirement for construction projects in excess of $75,000, (2) Approve piggy-back of a contract between FP&L & Felix Associates in the amount of $3,109,870 to install approximately 7,100 feet of 36-inch American Ductile Iron Pipe raw water main from the West Water Treatment Plant, along Boynton Beach Blvd. and Military Trail to Woolbright Road, and (3) Authorize a 10% contingency in the amount of $310,987 for a total encumbrance of $3,420,857. Pete Mazzella, Deputy Director of Utilities, reported there were two requests. First, to piggyback a contract with Felix Associates to install a reclaim water main and other prices in the contract with FP&L and the County. It is being done to meet an expedited timeline given to the City to be completed for the resurfacing of Military Trail. The first item relates to the contract with the Felix Associates and the second item is the purchase of the pipe. Motion Commissioner Holzman moved to approve Proposed Resolution R 10-099 in its entirety. Commissioner Orlove seconded the motion. The motion passed. (Commissioner Hay was not present for the vote.) C. Requested action is threefold to purchase pipe for the installation of a new raw water main along Military Trail and Boynton Beach Blvd. for Section A of the Wellfield Interconnect Project: (1) Waive the City's formal bid requirement for the acquisition of goods or materials that cost more than $25,000 due to the unique nature and urgent need for the materials, (2) Authorize staff to obtain at least three (3) written quotes in lieu of formal bids, 10 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL (3) Approve the resulting pre-purchase of 36-inch American Ductile Iron Pipe through Ferguson Waterworks in the net amount of $844,467.80 after a deduction of a $47,250.00 shipping quotation. Motion Commissioner Holzman moved to approve as cited in the agenda. Vice Mayor Hay seconded the motion. The motion passed 4-0. (Commissioner Hay was not present for the vote.) 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. TABLED ON JUNE 15, 2010 - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a., requiring: (1) a minimum front yard setback of 25 feet, to allow a variance of 18 feet and a front yard setback of 7 feet; and (2) a minimum rear yard setback of 20 feet, to allow a variance of 20 feet and a rear yard setback of 0 feet, for a proposed carport accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Applicant: Dr. Steven D. Jaffe Motion Commissioner Holzman moved to remove Item 9.A from the table. Commissioner Hay seconded the motion. The motion passed. Attorney Cherof established neither the applicant nor a representative were present. Absent the applicant or his representative, their case could not be proven on the record by accepting the conditions of approval and/or answering any questions. Motion Commissioner Hay moved to table. Commissioner Orlove seconded the motion. The motion passed. 11 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL B. Approve the draft version of a portion of Group 8 of the rewrite of the Land Development Regulations, including, in part, administration, the concurrency regulations, Wireless Communications Facilities (WCF), as well as new provisions providing for an expeditious means of modifying an existing development order. Applicant: City initiated. Eric Johnson, Planner, reviewed the eighth portion of the Land Development Regulations (LDR) rewrite. It would be done in two installments. The draft version would amend three chapters of the LDR. They are the General Provisions of the Code, relationship to the Comprehensive Plan, Redevelopment Plans, Housing Initiatives, concurrency management systems and a new process for modification of a Development Order. We also have an update to the Wireless Communication Facilities ordinance. Mr. Johnson advised the entire rewrite was anticipated to be complete in September or October. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. C. PROPOSED ORDINANCE NO. 10-016 - FIRST READING - Approve an Ordinance creating Section 18-184.2 of the Firefighters' Retirement Plan providing for a supplemental benefit to be funded entirely with available Chapter 175, Florida Statutes, and excess premium tax revenue. Attorney Cherof read Proposed Ordinance NO.1 0-016 by title only on first reading. Barry Atwood, Director of Finance, indicated the City had done an excellent job in getting the Firefighters' benefit without costing the City any monies. It was a statewide initiative. On all property taxes there is a surcharge of 1.85% that goes to the State and then is redistributed to municipality fire pension plans. The State ordinance requires the monies to be used for increased benefits. It cannot be used to lower the cost of the pension plan. The accumulation of the benefits over the last four years has netted $1.5 million. The Firefighters are attempting to have the money go directly to them, not guaranteed, but a benefit of up to $500 a year paid directly to the Firefighters with no cost to the cities. Mayor Rodriguez was assured by Mr. Atwood that if the premium tax was discontinued the City had no obligation to replace those funds. Attorney Cherof concurred. Motion Commissioner Orlove moved to approve Proposed Ordinance No.10-016. Commissioner Holzman seconded the motion. 12 Meeting Minutes Regular City Commission Boynton Beach, FL July 20, 2010 Vote City Clerk Prainito called the roll. The vote was 5-0. 10. CITY MANAGER'S REPORT None 11. FUTURE AGENDA ITEMS A. Update on Alternative Use of Vacant Landfill Property East of the Boynton Beach Links, Municipal Golf Course (August 3, 2010) B. Appoint members to 7 -member independent Community Redevelopment Agency Board (August 3, 2010) C. Report on Comment Cards for use at City Commission Meetings (August 3, 2010) D. Discussion on SalefTransfer of WXEL (August 3, 2010). E. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) F. 1st Budget Public Hearing & Adoption of Proposed FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm - Commission Chambers G. Public Hearing & Adoption of Final FY 2010-2011 Annual Fire Assessment Resolution - NOTE: This will be a Special Meeting held on 9/13/10 at 6:30 pm - Commission Chambers H. 2nd Budget Public Hearing & FINAL Adoption of FY 2010-2011 Annual Operating & CIP Budget - NOTE: This will be a Special Meeting held on 9/27/10 at 6:30 pm - Commission Chambers 12. NEW BUSINESS None 13. LEGAL 13 Meeting Minutes Regular City Commission Boynton Beach, FL July 20, 2010 A. PROPOSED ORDINANCE NO. 10-015 - SECOND READING - Approve the revised Red Light Camera Ordinance Attorney Cherof read Proposed Ordinance NO.1 0-015 by title only on second reading. Mayor Rodriguez opened the issue for public hearing. No one came forward. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 10-017 - FIRST READING - titled "Live Entertainment Permits" (Exhibit "A") (This item was previously tabled.) C. PROPOSED ORDINANCE NO. 10-018 - FIRST READING - Approve revision of Chapter 15-8 titled "Noise Control" (Exhibit "A") (This item was previously tabled.) 14. UNFINISHED BUSINESS A. Review current practices for City Commission expense allowance. (This item was previously tabled.) B. Review and update of CRA Application process and timeline. Request to consider establishment of Advisory Board for CRA. Commissioner Orlove explained he wanted to have a public update of the timeline for moving forward with an independent CRA Board. Due to public input he had received regarding the advisability of creating the independent board, he suggested an advisory board be implemented to alleviate some of the concerns being expressed. The previously outlined timetable was aggressive and based on the number and quality of the applications received, setting a special date and time for the interviews of the top ten candidates may be prudent. The City Clerk advised the ratings would be available by August 3rd. Commissioner Hay noted there had been extensive discussion on the process and timeline that was agreed upon. Commissioner Orlove cautioned if the 14 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL intention was to be able to seat a Board on August 3rd, he was not confident he could fulfill that responsibility based on the applications received. Since it was a very important decision, more time should be allotted for interviews and the process to be followed had to be established. Commissioner Holzman confirmed with Attorney Cherof that the interviews had to be public. Mayor Rodriguez questioned if the intent was to hold the interviews before the August CRA meeting, the appointments made at that time and the new Board seated immediately. According to Mr. Bressner, the appointments would be on August 1ih. He noted there were two applicants not eligible and three, either did not complete the answers or provide resumes for various reasons. The Clerk's office had attempted to contact the applicants to remedy any issues. The lack of information crippled the overall score of the applicants seeking appointment. Commissioner Orlove advised he had various questions for the applicants that were not reflected in the applications similar to job interviews. Mayor Rodriguez noted it would be challenging and time consuming. Commissioner Orlove suggested another time be established to hold the interviews to do a thorough job and make the right decision. Motion Commissioner Orlove moved to change the date of interviewing the proposed members of the CRA to Tuesday, August 24th at 6:30 p.m. in the Library Program Room. Commissioner Holzman seconded the motion. The suggestion of the addition of an advisory board was discussed. Commissioner Orlove alleged the advisory board could be a community outreach effort and be more engaged in the actions of the independent CRA Board. It could be comprised of five individuals; one from the Heart of Boynton, one from the Federal Highway Corridor, one from Ocean Avenue south, one a City Commissioner and one a member-at-Iarge. It would satisfy the requests of the community to have more input. Commissioner Holzman questioned the function of the advisory board. Commissioner Orlove asserted, similar to a City advisory board, they would have no authority over the CRA Board, but serve as link between the community and the new Board. It would give the independent CRA Board more credence. It would be a component of the new Board's success. Mayor Rodriguez commended Commissioner Orlove for bringing the matter before the Commission. Another layer could be too complex and create potential conflicts. The Heart of Boynton community is continually complaining that nothing is being done. The representation by geographical areas should be considered for placement on the independent CRA Board. Commissioner Orlove stressed that the majority of the applicants for the CRA Board do not live within the CRA district. The advisory board 15 Meeting Minutes Regular City Commission Boynton Beach, FL July 20,2010 would then be the voice of certain areas. It could be a positive step to involve more individuals and the CRA Board could be more successful. Commissioner Hay agreed an advisory board would be beneficial and noted there was a community board in existence that could be enhanced. They would have no voting rights, but offer assistance and advice. Commissioner Holzman agreed with Commissioner Hay; however, he had some concerns. An advisory board with zero capability to get anything done and just voice an opinion would not be productive. Those same individuals probably attend both the CRA and Commission meetings and voice their opinions then. The lack of response from individuals in certain areas of the CRA district to serve on the Board was frustrating. The advisory board would create an unnecessary level of bureaucracy within government. Vice Mayor Ross thought the suggestion was well taken and recalled the Fort Lauderdale CRA had an advisory board and the Commission was also the CRA Board. Vice Mayor Ross agreed there were some good community organizations within the CRA district who constantly communicate with the CRA staff and Board members which is an informal advisory board approach. She stressed those connections should be ongoing and making the new independent board as strong as possible was paramount. The new Board could decide if an advisory board would or would not be beneficial to them. Mayor Rodriguez pointed out the representation from the five areas was present with the current Commission and by adding two volunteers from the area would have achieved the same goal. Motion Commissioner Holzman moved to deny the request to establish an advisory board to the CRA. Commissioner Hay seconded the motion. Mayor Rodriguez emphasized that the CRA Executive Director had been seated on the committee to assist and rate the applicants. In view of the most recent allegations and to maintain a clean and transparent process, he would allow the Board to reconsider and remove the Executive Director as a participant. Vice Mayor Ross suggested Vivian Brooks to replace the Executive Director and Mayor Rodriguez did not feel anyone that the Board would manage would be appropriate. Mr. Bressner pointed out the scores had already been submitted. Commissioner Hay recalled nine people would be rating the applicants and the Executive Director's input would be the most knowledgeable of what skills sets are needed. Commissioner Orlove stressed the Executive Director's input would be -y.. of one vote. Mayor Rodriguez opened the issue for public audience. 16 Meeting Minutes Regular City Commission July 20, 2010 Boynton Beach, FL Ron Washam, 127 S. Atlantic Drive West, pointed out the applicants that had applied represented different areas and the best part of Boynton Beach. Trust was essential in the process to go forward as soon as possible. He suggested the Community Relations Board could be used rather than a new advisory board. Brain Edwards, 629 NE 9th Avenue, opined the advisory board would be an extra layer and the independence of the new CRA Board should not be compromised in any way. On the issue of timing, the Commission did not have the time to deal with the issues of the CRA Board. He hoped an earlier date could be agreed upon and the established timeline maintained. Victor Norfus, 261 N. Palm Drive, agreed there would not be sufficient time before the CRA meeting to hold the interviews and seat the Board. He did not agree an advisory board was necessary. However, the individuals on the CRA Board would all be new and could benefit from community input. The current community board was not appointed, but consisted of anyone who attended the meetings and was limited in scope. It worked with the Executive Director and did not report to the Board. Herb Suss, 1711 Woodfern Drive, did not understand why there was a rush to appoint a Board. There had been many problems in the past and the applications had to be carefully reviewed and individuals interviewed. The new timeline would suffice. The addition of an advisory board would be useful and assist the new Board. Lori Wilkinson, 2458 SW Cranbrook Drive, understood there may not be enough time to interview the candidates before the CRA Board meeting, but hoped an earlier rather than later date, could be found to maintain the timeline. John McGovern, 2620 Spiceberry Lane, pointed out August 24th was primary election day and the discussions revealed many good reasons to slow the process down or stop it entirely. It showed a structural flaw in the process and a redesign of the criteria would be appropriate. If there was a lack of response from the target area, then the entire process should be restructured. Don Scantlan, 13 Cedar Circle, urged the Commission to establish a timeline that would eliminate any possibility of repeating past issues. The decision on the Board members could be more significant than the line item budget issues. If the new Board wants to establish an advisory board, it should be at their discretion and not forced on them by the Commission. Lance Chaney, 4312 Pomelo Boulevard, agreed that having another layer in the process with an advisory board may be appropriate for integrity and transparency, as the new Board transitions into their roles within the CRA; long-term would not be advisable. A one year term for the advisory board members would be sufficient. 17 Meeting Minutes Regular City Commission Boynton Beach, FL July 20, 2010 Mayor Rodriguez closed the public audience and called for a vote on both motions. The motion to establish a new timeline passed and the motion to deny the establishment of an advisory board for the CRA Board failed 4-1 (Commissioner Orlove dissenting). 15. ADJOURNMENT There being no further business to come before the Commission, the meeting was properly adjourned at 10:31 p.m. CITY OF BOYNTON BEACH ~ ATTEST: Yn.~ .-" Ja et M. Prainito, MMC ty Clerk 1 .r\ "__ ! f C --{/ ' --U(..(.tU' { dith A. Pyle, C . eputy City Clerk 18