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Minutes 04-05-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, APRIL 5, 2011 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk ABSENT: Steven Holzman, Commissioner 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Orlove Mayor Rodriguez welcomed everyone to the meeting. An invocation was given by Vice Mayor Ross followed by the Pledge of Allegiance to the flag led by Commissioner Orlove. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross wanted to add an item to the agenda to discuss changes in the Code Compliance Department on the reorganization. Mayor Rodriguez added the item as the first item under New Business. She also wanted a brief discussion on the topic of economic development added to the agenda. Mayor Rodriguez added the item as the next New Business, Item. Vice Mayor Ross also requested that an item be added under Future Agenda Items to discuss a dog park. Vice Mayor Ross pulled Item 6.M for discussion. Commissioner Orlove also wanted to add discussion on the reorganization as the Vice Mayor had mentioned. 1 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Commissioner Hay wanted to add an item to Future Agenda Items relating to transparency in City government. He had attended the League of Cities Luncheon and the City of Wellington had such a system and the City should take a look at it. Mayor Rodriguez asked Commissioner Hay to interact with the City Manager on the matter. Commissioner Hay pulled Item 6.A for discussion. Mayor Rodriguez had wanted to pull Item 6.M for discussion also. The announcement was made that Commissioner Holzman and his wife had had a baby girl two days ago and was absent from the meeting. Mayor Rodriguez offered congratulations to him and his family. Commissioner Holzman had requested several items be tabled. The first item was Item 10.A regarding the Shopper Hopper. Commissioner Orlove did not want to delay the discussion. The Charter Review was another item requested to be tabled. There was consensus to table the Item. Two other Items requested to be tabled were under New Business, Presentation of Financial Advisory Committee recommendations and the City Manager's involvement in the Palm Beach County ethics ordinance. Mayor Rodriguez felt both Items were important to move forward because time was of the essence. Attorney Cherof mentioned another additional item would be the discussion regarding the next Commission meeting. Mayor Rodriguez noted Passover was during the week of April 19th, the next scheduled date. He thought it would be appropriate to postpone the meeting to the following week on Wednesday, April 27, 2011 to honor Passover. There was consensus to reschedule the meeting as indicated. Mr. Bressner added there was planned discussion on the downtown workshop on the agenda for the April 19th meeting that was moved forward to the next Community Redevelopment Agency Board meeting. It was requested the issue be added to the April 27th agenda. Vivian Brooks, Interim Executive Director of the Community Redevelopment Agency was ready to move forward with the item at the next Community Redevelopment Agency Board meeting. 2. Adoption Motion Commissioner Hay moved to approve. Commissioner Orlove seconded the motion. The motion passed unanimously. 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 2. OTHER A. Informational Items by Members of the City Commission Commissioner Hay requested an explanation of the Mayor's rationale for rearranging the seating at the dais. Mayor Rodriguez responded both Commissioner Holzman and Orlove would be the Vice Mayors over the next two years while he was Mayor. Rather than passing the gavel through a Commissioner to get to the Vice Mayor, the new seating would facilitate the process. Commissioner Hay indicated he had attended the annual COP picnic at the Intracoastal Clubhouse with the canine unit and other demonstrations. He had also attended the Chamber luncheon at Quail Ridge Country Club. A presentation by the City of Wellington made to the League of Cities was outstanding in terms of City transparency to encourage communication by going online. Vice Mayor Ross had also attended the COP picnic for the volunteers. Officer Kellman and Majors Briganti and Unger were present for the festivities. She had attended the "charette" for the Old High School as did Commissioner Orlove. There was a good turnout for the event and the participants were very engaged in the process. Vice Mayor Ross also attended a special presentation at the Toussant L'overture High School on the rebuilding efforts of Haiti. Many leaders from the Haitian community had been present to discussion the direction to be taken one year after the devastating earthquake. Commissioner Orlove reminded everyone on April 16th the Children's Schoolhouse Museum would be having their annual dinner/dance to support the Museum. He thanked the Fire Department and especially Adam Turey and Stephen Lewis and Deputy Chief Carter for the tour offered to his family. Commissioner Orlove recognized changes have been made and there will be the loss of several staff members such as Jody Rivers, Chief Bingham, Pam Welsh, Sharyn Goebelt and Scott Blasie. He thanked all of them for their time and dedication to the City. Commissioner Hay acknowledged his daughter, Keisha Crawford and his grandson Bryce who were present and visiting from Atlanta, Georgia. Mayor Rodriguez announced pride in City Hall and other municipal buildings was important and many felt the building was not colorful and had little or no architectural design. He had formed an alliance with REG, the Solid Waste Authority, City of Boynton Beach and the Youth Violence Prevention Program and Arts Commission in an attempt to get City Hall painted. The Solid Waste Authority had agreed to donate the paint and REG drew up some schematics of the colors for a community event to help spruce up City Hall. It would be at no expense to the taxpayers using free paint and free labor. He asked for the support of the Commission. Commissioner Hay wanted to 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 be assured there would be someone supervising the project and Mayor Rodriguez volunteered. Vice Mayor Ross liked the renderings depicting the building as green with yellow arches. Commissioner Orlove felt it was a great idea as long as the Commission had some input on the colors. Mayor Rodriguez had also been meeting with the new members of the School Board and the Boynton Beach High School Principal about challenges with the communication within the African-American community with the Haitian-American community. It tied in with the Youth Violence Prevention Program also. There will probably be an African- American Mayor's Council formed with four of the local reverends/ministers of the northeast quadrant. It was anticipated a forum would be organized with the two Mayor's Council to discuss facilitating communication between the youth that have an impact on the City. The Commission would be invited to participate in the forum. The Mayor's Walk was held with over 300 participants. It cost the taxpayers no monies. The Community Redevelopment Agency had allocated $3,000 and it would not be used. There were public/private partnerships. There was food, a band, and a chalk drawing contest. He thanked all those who came to the event including Commissioners Holzman and Orlove. He looked forward to next year's event and acknowledged the team members who put each event together with a certificate for Kathy Biscuiti, Wayne Segal, Sharon Goebelt, Steve Lewis, Brenda Gibbs, Heather English, Virginia Shea and Pedro Escobar. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the upcoming Ocean Avenue Concert. Ms. Brooks announced the next Ocean Avenue Concert featuring the band, Cricklewood. The construction at the amphitheater was beginning and she hoped everyone would come to the concert to see the start of the new Ocean Avenue. B. Proclaim April 20, 2011 as Arbor Day. April 20, 2011 was proclaimed as Arbor Day in the City of Boynton Beach. The proclamation was read and presented to Glenda Hall. Ms. Hall thanked the Commission for the recognition and invited everyone to a celebration on April 20th at 9 a.m. in Boat Club Park for the planting of ten native trees. The St. Mark 8th grade science students and Boynton Beach Garden Club would be assisting. There would also be a short presentation by Joshua Spiegel, an intern with the City. C. Proclaim the month of April as Library Appreciation Month and April 1 Oth - 16th, 2011 as National Library Week 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Mayor Rodriguez proclaimed the month of April as Library Appreciation Month and April 10-16 as National Library Week in the City of Boynton Beach. Craig Clark, Library Director, accepted the proclamation and thanked his staff for their hard work and thanked the Commission on behalf of the Library and staff for their continued support. D. Proclaim May 15-21,2011 as Water Reuse Week in the City of Boynton Beach Chris Roschek was present to accept the proclamation designating May 15t-21 as Water Reuse Week in the City of Boynton Beach. Mr. Roschek thanked the Mayor and Commission. E. Proclaim the month of April, 2011 as Water Conservation Month in the City of Boynton Beach Water Conservation Month was acknowledged for April, 2011 in the City of Boynton Beach. Mr. Roschek accepted the proclamation and thanked the Commission for acknowledging the importance of water conservation. F. Proclaim the month of April, 2011 as "Paralyzed Veterans of America Awareness Month" in the City of Boynton Beach Mayor Rodriguez proclaimed the month of April, 2011 as Paralyzed Veterans of America Awareness Month in the City of Boynton Beach. Charles Brown, a member of the Florida Paralyzed Veterans Association, was present to accept the proclamation and thanked the Mayor and Commission and citizens and asked everyone to think of the veterans yet to come home whether they were injured or not. G. Proclaim Earth Day on April 22, 2011 and Earth Week April 18, 2011 through April 23, 2011. Lastly, Earth Day on April 22, 2011 and Earth Week, April 18-23 would be celebrated in the City of Boynton Beach. The proclamation was presented to Carisse LeJeune, Assistant to the City Manager, who invited all the citizens to join in the week-long activities at the Boynton Beach City Library to include Water-wise gardening and tours with various water conservation prizes and sustainability articles to be awarded. A calendar of events would be listed on the City's website. Ms. LeJeune thanked the Sustainability Team Earth Week Committee for coordinating the events. 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) 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Terry Lonergan, 45 Rutland Lane, President of the Meadows of Boynton Beach 300 Property Owners Association, was speaking on their behalf. A fire had occurred on the City owned vacant lot within the community. Kids had built a make-shift fort in the buffer of non-native trees separating the Meadows and Nautica Sound development. The fire was quickly extinguished and no one was hurt or put in harms way. Ms. Lonergan had called Vice Mayor Ross and been told someone from the City would investigate the fire. Ms. Lonergan did not believe anyone from the City had been to the site of the fire. She had not been contacted by any City official acknowledging the need for an investigation. Requests had been made to the City to develop the property as a passive park because it was promised by the developer in the beginning to be a park. Ms. Lonergan asked the City to take care of their property and proposed the City deed the vacant lot to the 300 Property Owners' Association so the homeowners could do their own developing and eliminate maintenance costs for the City. Mr. Bressner liked the offer and would investigate the possibility. The Mayor noted the area had been an ongoing challenge and hoped the proposal could be accommodated. Dorey Kilgren, 370 Horizons East, advised the Boynton Intracoastal Group (BIG) appreciated the City's efforts. Most of the communities along Boynton intercoastal and some adjacent communities belong to BIG. It consists of primarily over 55 seasonal communities gathering to share information and help each other. As taxes rose during the early 2000s countless emails had been received related to the taxes. Some counties lowered the millage rate as property values escalated to compensate. Palm Beach County did not. Escalating taxes had a huge impact on seasonal communities with the majority of the properties being non-homesteaded. A typical over 55 owner lives in a one-bedroom condo on a fixed pension and is approximately 80 years young. As tax bills inflated, 80 and 90 year olds had to part with their Florida homes. Surrounding businesses suffer and favorite stores and restaurants vanish. Ms. Kilgren invited the City to become a voice for their communities restoring economic prosperity to all who live in Boynton Beach. Janice Christian, 154 Orange Drive, witnessed an incredible amount of disrespect toward Clifford Montross from the City Attorney at the last Commission meeting. She alleged the City Attorney's manner and comments were unconscious able and extremely rude. Mr. Montross had spoken against several of the Commissioners. The oath of office includes upholding the principles of the Constitution of the United States including freedom of speech. Vice Mayor Ross was in charge of the meeting and was quite capable of handling the situation without the City Attorney's interference. According to Roberts Rules of Order, it was not the City Attorney's place to speak since he had not been asked to speak by the Chair. Mr. Montross was never given an answer to the question he had posed and was treated very poorly. The residents that elected the Commission had the right to ask questions and get answers. She understood the City Manager's participation in the County committee was noteworthy and the City 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 should be proud of his efforts. Ms. Christian felt the City Attorney's conduct had crossed the line many times and embarrassed many in the audience. The City Attorney owed everyone an apology for his disrespectful behavior. Jo-Iynn Slebodnik, 625 Casa Loma Boulevard at Marina Village, was upset when the trolley was cancelled. She had discovered the Community Relations Board where the citizens have recourse and the residents can attend their meetings each month. Mike Wood, 803 NW 11th Street, presented a packet with information on a ordinance he was violating at the present time. He owned a truck that was over one-ton which he did not know was against an ordinance when he bought it in 2006. He had asked his homeowners association about the truck and a truck up to a one and a half ton was allowed in the neighborhood. It is a large pickup truck and he requested a variance to allow a pickup truck over one ton to be allowed in a residential area. He suggested a truck with a pickup bed on the back be allowed that would not obstruct view in either direction or obstruct the sideway. Mr. Wood had inquired of his neighbors if the truck was an issue and none complained. He hoped they would review his packet and pictures and issue a variance for his truck. Attorney Cherof was not aware of a variance that would apply. Mr. Bressner advised he would review the materials and respond. Vice Mayor Ross disclosed she had spoken with Mr. Woods. Mr. Woods explained it is a one and a quarter ton truck but registered as a one ton with the State of Florida. Mr. Bressner remarked the change suggested would involve changing the Code that would allow larger vehicles City-wide. Mayor Rodriguez requested more specifics be supplied for the Commission and Mr. Woods. The truck did fit in Mr. Woods neighborhood and did fit in his driveway, but it was larger than the average pickup truck. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Accept the resignation of Brian Miller, a regular member of the Community Relations Board Motion Commissioner Orlove so moved. Commissioner Hay seconded the motion. The motion passed. B. Accept the resignation of Barry Ravel, an alternate member of the Code Compliance Board Motion 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Commissioner Orlove so moved. Commissioner Hay seconded the motion. The motion passed unanimously. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards Mayor Rodriguez asked that Aimond Alexis be appointed as a regular to the Code Compliance Board. Motion Commissioner Orlove so moved. Commissioner Hay seconded the motion. The motion passed. Motion Commissioner Orlove moved to appoint James Brake as an alternate to the Planning and Development Board. Vice Mayor Ross seconded the motion. The motion passed. Motion Commissioner Orlove moved to table all other appointments. Commissioner Hay 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 from the City Commission meeting held on September 13, 2010 and tabled from the March 15, 2011 agenda. Commissioner Hay had pulled Item 6.A for discussion and questioned why so many minutes were now being presented for approval. City Clerk Prainito explained the minutes are just being completed. The City Clerk's office had been backlogged with minutes and a schedule has been arranged to complete all the minutes to bring them up-to-date. Mayor Rodriguez advised he had received questions about the status of the animal care and control division. He understood an animal cruelty officer had been hired in lieu of turning over animal control to the County. The City Manager was not sure what had been done and the minutes were now available on the decisions made. The matrix 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 provided by Mr. Atwood showed the animal cruelty investigator was included and the animal care and control division budget had been removed. Barry Atwood, Finance Director, explained the original proposed budget had the animal control unit for $170,000 being eliminated. The Commission then added back the animal cruelty investigator and a part-time person. Mayor Rodriguez surmised the animal care and control division was eliminated and the County was doing the service at the present time. Mr. Atwood believed that was correct. Lori LaVerriere, Assistant City Manager, reported the item had been discussed numerous times and finally decided at the September 13 workshop. A revised budget had been submitted from the animal control division showing for about the same amount of money to have an investigator, the division could be kept status quo. Commissioner Holzman developed the division could be maintained with the $100,000 at a reduced level. There would be a full-time kennel position that was vacant and should be eliminated. By using some of the donation money, the funding for an animal control officer and part-time kennel worker would be $103,000. Based on the last discussions the majority of the Commission agreed if the division could be kept status quo and eliminate the one vacant position, keep the division operating. The donation fund would transfer $16,000 to fund the $103,000 budget with an animal control supervisor and a part-time kennel worker to keep the kennel operations going for one more year. The animal control officer does the animal cruelty investigations. There was no formal vote on the issue, rather continued discussions. Chief Immler agreed and explained primarily animal cruelty investigations were being done by the officer. The truck is still operating as is the kennel at least part-time. Mayor Rodriquez summarized it was being done at a reduced level based on what was approved. Mr. Bressner added the County was contacted on weekends. Ms. LaVerriere pointed out feral cats and other wildlife complaints had been previously transferred to the County. It was determined the operations could be continued rather than eliminating any animal impoundment especially for stray dogs. Motion A motion was made and seconded to approve. The motion passed. B. Approve the Minutes from the City Commission meetings held on October 16, 2010, February 17, 2011 and March 15,2011 C. Review and accept the FY 2010 -11 Budget Status Report of General Fund & Utility Fund Revenues & Expenditures for the five (5) month period ended February 28, 2011. 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 D. Accept status report of the Boynton Beach Transportation Concurrency Exception Area (TCEA) as impacted by the discontinuation of the trolley service, and need to amend the Transportation Element of the Palm Beach County Comprehensive Plan. E. PROPOSED RESOLUTION NO. R11-040 - Approve full release of surety and authorize return of the performance bond to the developer for the project known as Knollwood PUD F. PROPOSED RESOLUTION NO. R11-041 - Approve and authorize the City Manager to sign Amendment NO.3 for a Change in Scope to Task Order #U08- 01-05 with ARCADIS U.S., Inc. G. PROPOSED RESOLUTION NO. R11-042 - Approve renewal of the Cardiac Monitor/ Defibrillator Service Agreement with Physio-Control, Inc., for five years in the amount of $68,898 H. PROPOSED RESOLUTION NO. R11-043 - Approve the Services Agreement with Tevis Gardenhire, Facilitator for Art is Motivation (AIM), (the "Provider"), which is part of the Youth Empowerment Center (YEC), authorizing the City to enter into an agreement to provide funding in the amount of $1,600 to the AIM program as a partner in the continued planning and implementation of the YEC I. PROPOSED RESOLUTION NO. R11-044 - Approve the Services Agreement between the City of Boynton Beach and the R.M. Lee Community Development Center program (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $3,500 to the Center as a partner in the planning and implementation of the Gang Prevention and Intervention Grant. J. PROPOSED RESOLUTION NO. R11-045 - Approve the Services Agreement between the City of Boynton Beach and Blue Skies Audio/Visual Technologies, Inc. (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $3,000 to Blues Skies Audio Visual Technologies, Inc. as a partner in the planning and implementation of the Gang Prevention and Intervention Grant. K. PROPOSED RESOLUTION NO. R11-046 - Approve the service agreement between the City of Boynton Beach and Sandra Watson, the Facilitator for Sister to Sista's Young Ladies Mentoring and Enrichment Program (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $3,000 to the Sister to Sista's Young Ladies Mentoring and Enrichment program as a partner in the planning and implementation of the Gang Prevention and Intervention Grant 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 L. PROPOSED RESOLUTION NO. R11-047 - Approve the Services Agreement between the City of Boynton Beach and Catrina Lyons, Facilitator for Oneeighty for Girls Violence Prevention Project (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $2,700 to the Oneeighty Girls Violence Prevention Project as a partner in the planning and implementation of the Gang Prevention and Intervention Grant M. Review request by Quantum Dependent District to name un-developed park land after former City official. Vice Mayor Ross had pulled Item M. for discussion based on requests she had received. After discussion with the City Manager she wanted the recommendation to not move forward made public. Mr. Bressner responded, in the past, an unfinished park had never been named after anybody. The park is currently referred to as Optimus Park. His concern was the park should be active before it is named. Mr. Bressner appreciated the suggestion, but thought it may be premature at this time regardless of the name. He suggested a letter be sent communicating the consensus was to not move forward at this time. Vice Mayor Ross noted it did involve former City Commissioner, Mike Ferguson who passed last year. Commissioner Orlove agreed with the City Manager and thought it would be inappropriate if there is not a park established to name. Commissioner Hay asked if the name could remain after the park was developed and past practices should not necessarily dictate present circumstances. Mr. Bressner commented the names currently being used were temporary in nature. There is a procedure outlined by ordinance for naming parks. Mayor Rodriguez preferred to wait and the request was premature at this time. Motion Commissioner Orlove moved to approve. Vice Mayor Ross seconded the motion. The motion passed. Commissioner Orlove clarified his motion was to approve the recommendation of the City Manager. Mayor Rodriguez agreed. 7. BIDS AND PURCHASES OVER $100,000 A. Award the "ANNUAL BID FOR THE PURCHASE OF 11 R 22.5 RECAP/RETREAD TIRES" Bid #006-1412-11/MFD to Tiresoles of Broward Elpex Truck Tire Center as the most responsive, responsible bidder who met all specifications with an estimated annual purchase amount of $130,000. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. The motion passed. B. PROPOSED RESOLUTION NO. R11- 048 - (1) Approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications RFQ #059-2821-1 O/CJ D for the scope of services (A - E), "TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH" ; and (2) authorize the Utilities Department and Recreation/Parks Department to conduct negotiations for compensation of services with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act, (attached) as Exhibit "C". Motion Commissioner Hay moved to approve. Commissioner Orlove seconded for discussion purposes. Commissioner Orlove inquired if the contract was being done on an "as needed" basis. Mr. Bressner concurred it would be for various tasks that are assigned within categories of work. Commissioner Orlove confirmed in-house staff or personnel were not available. He asked how many times or what type of projects would need these type of consultants. Mr. Bressner replied it would mainly be in Utilities as geo-technical work, with analysis of mapping, surveying, landscape architecture, design with a threshold of $100,000 that would then require a Request for Proposal (RFP). Mr. Bressner explained in the past, the threshold was much higher with more activity. By taking the threshold at a different level, there would be more opportunities to seek proposals for specific projects. Mayor Rodriguez questioned if the negotiations would be done with the top ranked or the top three. Attorney Cherof advised it would be the top three. Mayor Rodriquez inquired if the work would be rotated. Mr. Bressner explained the work would be rotated by task and the type of work being awarded. It would be broken down into each of the scopes. Pete Mazzella, Deputy Director of Utilities, advised the intent was to hire one consultant in each scope. There would be the possibility that the desired pricing could not be negotiated if only the top company was utilized. Commission approval would have to be sought for approval to negotiate with the second company in each group. Mr. Mazzella contended the request was to negotiate with the top three on that assumption. 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Mayor Rodriguez preferred the top three be accepted and rotate the work among the three companies. The scores were very close. Commissioner Orlove questioned if it would be more appropriate to bid out each project. Mayor Rodriguez was concerned it would take more time. Mr. Mazzella interjected contract prices, hourly rates, are negotiated for each discipline of the persons involved. When a task is identified a proposal is submitted based on the hourly rates and hours required to complete the work. Industry standards vary only slightly. Attorney Cherof clarified that no one was being selected to do any specific work. The Commission would be qualifying individuals for staff to enter into negotiations with to see who is qualified and the price to perform those tasks. The task system was not the only available alternative. Bids could be gotten for each project as they arise. It slows the process down and requires more planning of projects on the horizon allowing for sufficient time for the bidding and proposal process to take place. The task system described facilitates having qualified people on board with established prices to make a selection. Mayor Rodriguez noted the Request for Qualifications (RFQ) are done in an effort to save time. Based on the scores being so close, he suggested moving forward and not do RFPs for each one, rather rotate the projects through the top three as they come up. If the pricing is not agreeable, then bids can be considered or go down to the next vendor. Attorney Cherof admonished the suggestion was not in the Request for Proposals that was advertised and responses received. The responses are part of a competitive selection process established by State Statute and the City's Procurement Code. Mayor Rodriguez contended the RFP pigeonholed the City to the top vendor who could charge whatever price he proposes. Commissioner Orlove noted in the RFP, it referred to contracting with one firm per scope. Mayor Rodriguez and Vice Mayor Ross did not like the proposal. Attorney Cherof noted the options were to go back and predict future projects to be done and request proposals as the projects come forward. It would be competitive across everybody willing to compete. The field would broaden on each project. Mr. Bressner cautioned the request is for smaller projects. The threshold for bidding would be down to zero instead of $100,000 or less. Attorney Cherof recommended if the Commission did not agree with the request, the item should be tabled. The Request for Proposal would be re-evaluated and if not, alternatives would be offered at the next meeting. Commissioner Orlove wanted an estimate of how many times in the ensuing year would contracts with these firms be needed for consulting services. Mr. Mazzella could not estimate because some projects would not be envisioned as yet. Mr. Sressner noted 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 the former task order system had a much higher threshold. Mr. Mazzella responded the City had at least one project ready to go in each one of the scopes. Commissioner Orlove surmised the process had been laborious and tabling the item would waste that time. Three of five scopes have one company ranked at the top narrowing the field. Attorney Cherof offered that a timetable could be included with any recommendation on alternatives. The Utilities Department could project how many task there would be within the next two years. Motion Vice Mayor Ross moved to table. Commissioner Hay seconded the motion. The motion passed. (Vice Mayor Ross left the dais) 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Recommend approval of negotiated settlement of $53,000 in Anna Delvalle v. City of Boynton Beach Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. 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. PROPOSED ORDINANCE NO. 11-008 - FIRST READING - Approve the abandonment of 18.2-foot wide unimproved alley located between West Ocean Avenue and SW 1 st Avenue, extending to Seacrest Boulevard from SW 2nd Street. Applicant: City initiated. TABLED TO APRIL 19, 2011 to allow time to further discuss and resolve issues raised at the Board hearing and/or recently identified involving alternative access, access easements, property maintenance and liability. Date certain tabling will ensure that the required legal ads/public notices are preserved. Attorney Cherof read Proposed Ordinance No. 11-008 by title only on first reading. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Motion Commissioner Orlove moved to table. Commissioner Hay seconded the motion. The motion passed 3-0. (Vice Mayor Ross was not present for the vote) B. PROPOSED ORDINANCE NO. 11-013 - FIRST READING - Approve amendment to add provisions and standards (CDRV 11-001) to the Land Development Regulations (LDR), Chapter 2, Article II General Provisions, Section 8, to accommodate solid waste collection sites and temporary housing during periods of declared emergencies. Applicant: City-initiated. Attorney Cherof read Proposed Ordinance No. 11-013 by title only on first reading. Eric Johnson, Planner, advised the Ordinance provided the provisions necessary to allow temporary housing following natural disasters or emergencies and provided a temporary site for solid waste collection. After several hurricanes when temporary housing was needed Ordinance 05-073 was passed but the language was never included in the Land Development Regulations (LDR); that would now be corrected. Jeff Livergood, Director of Public Works and Engineering, advised the Ordinance would allow for a debris processing site within the City. The previous site that was utilized will not be available. The goal would be to designate a site for landscape debris including payment to the City for its use by others as well. Zoning regulations would not allow a site otherwise. It would provide faster clean up. Commissioner Hay wanted assurance that the Rolling Green site would not be designated and Mr. Livergood concurred. (Vice Mayor Ross returned to the dais) Several privately owned sites would be considered and waste handlers would have to negotiate and then come to the Commission for approval of the use. Motion Commissioner Orlove moved to approve on first reading, Proposed Ordinance No. 11- 013. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 10. CITY MANAGER'S REPORT 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 A. Review alternatives to the City's Shopper Hopper program and provide direction to staff. Mr. Livergood reviewed a report from staff to continue or replace the Shopper Hopper system. The current system had served the City very well since its inception in the mid 1990s when Palm Tran only had 7 routes within Palm Beach County and now has 36 routes. It started as the Boynton Beach Transit Authority to supplement the route to provide the City residents an additional mass transit alternative. It evolved and the ridership preferred central pickup locations and residents were given specified routes in designated neighborhoods on a scheduled weekday and taken to certain destinations. It is a costly system to operate. Palm Tran had implemented the Palm Tran Connection in 2004 with smaller buses that provide a program much like the Shopper Hopper program. Palm Tran Connection charges $3 one way to a number of locations at the rider's request. Staff recognized the need for a system to transport the citizens throughout the community. The Shopper Hopper operating expenses for previous years was approximately $269,000 with revenues of only $9,500 with the General Fund supplementing the difference. The subsidy per rider would be just over $20. The increased Palm Tran routes travel north to south and east to west with hubs at the mall or Tri-Rail station. Another option could be provided by the Volen Center funded by the residents of Palm Beach County for the area south of Hypoluxo Road. Rides are free for those who ride to a primary care physician. The primary function was to transport people to County- wide Senior Centers. Private alternatives would include taxi cabs, limousines and private providers. Many communities provide taxi subsidy services by issuing taxi coupons with the funding divided between the rider and the community. The taxi service would be selected by the local jurisdiction that sets a defined budget not to be exceeded and reviewed each year. Staff recommended a combination of Palm Tran Connection and Mae Vole even though they are $3 per trip rather than the $.50 or $1 charged by the Shopper Hopper Program. The option may be better because they are now limited to set routes and the destination and time of travel is chosen by the rider rather than a fixed route. Commissioner Orlove thanked staff for the exhaustive report. The concern was the City was subsidizing 90% of the Shopper Hopper service for the residents. He did questions if taking elementary children to after-school programs would be affected and Mr. Majors indicated the after-school busing was a separate system. Commissioner Orlove did want more information on the program in Wellington using a taxi subsidy program with a much reduced burden on the General Fund. 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 No other questions or comments, Mayor Rodriguez thanked staff for the report. B. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation. Ms. LeJeune reported the Sustainability Team was tasked with the implementation of the Climate Action Plan. An internal tracking system was designed to monitor the 118 implementation strategies. The Team has been collaborating with other local governments and entities and developed alternative energy programs looking at a solar renewal energy project at Fire Station #5. Community outreach and education efforts were being developed and presented to the citizens and staff has revised the City's Comprehensive Plan to include greenhouse gas reduction strategies. Energy consumption and greenhouse gas emission were being monitored to assist in reaching the goal of 18% reduction of greenhouse gas emissions by the year 2035. Achieving a sustainable future for the residents remained the primary goal of the Team. Reducing the rising cost of energy to maintain facilities was a major factor also. Reorganization, policy changes and staff time have been used to implement many of the strategies that have been accomplished using grant funding. Some projects are in the CIP energy efficiency line item. (Commissioner Hay left the dais) Vice Mayor Ross asked for an explanation of the solar voltaic project involving the Department of Energy funding of the amended application. Ms. LeJeune replied an amendment to the Energy Efficiency Block Grant had been submitted because current projects had come in under budget by using City staff and resources, and the funds needed to be reassigned to other projects to be approved. The Commission had agreed to seek approval for a project at Fire Station #5 to solar power the water heaters and installing solar panels to reduce the overall energy consumption of the Station. It was hoped the project could be used to educate the community using the website to monitor the energy usage. (Commissioner Hay returned to the dais) Motion Commissioner Ross moved to accept. Commissioner Orlove seconded the motion. The motion passed. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R11-049 - Appoint an Ad Hoc Committee for Special Events - TABLED ON 3/15/11 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Mayor Rodriguez requested the matter be tabled until a full Commission was present. Motion Vice Mayor Ross moved to table. Commissioner Orlove seconded the motion. The motion passed. 12. NEW BUSINESS Update on reorganization. (This item was added to the agenda) Mr. Bressner explained he had notified the Commission a reorganization of departments and realignment of personnel had been implemented to achieve an approved level of service in view of the economy and future anticipated revenue streams. The contention was the changes should be made before the fiscal year begins. The Voluntary Separation Program had been approved by the Commission and 29 individuals had applied to participate. The projected cost savings, based on 12 positions remaining vacant would be $985,000. As the remaining positions are evaluated, the savings may increase. If positions are replaced it would be at lower cost. A mission critical positio'n that would be filled would still have incremental savings using a lower salary. Additional savings would be realized by not filling current positions that are vacant and related or created by the Voluntary Separation Program. Mr. Bressner recalled there has been a soft hiring freeze since 2007. The savings on those positions would be $463,000 City-wide, adding the cost of benefits, would total $601,000. Specifically the reorganization entails the parks maintenance division being merged from Recreation and Parks Department into Public Works. All personnel in the division would be doing multiple tasks related to property maintenance and other divisions within Public Works are being combined to create multidisciplinary work groups. Cost efficiencies should result. Another change was merging Code Compliance, a division of the Police Department, into the Building Department. The revamped Department would share administrative and inspection resources. This year, all building inspectors have received their code compliance certifications allowing them to do combined, coordinated inspections. The other element that relates to abandoned vehicles which is an alarm fee billing, would be retained in the Police Department due to confidential data relating to ownership of vehicles. By keeping that confidential, the City's database could continue to be used. In Utilities, the Customer Service, Meter Reading, Finance, Purchasing, and Capital Improvement Planning would be merged with Finance to provide better service and accountability. Customer Service had previously been moved from Finance to Utilities and it was now returning to Finance. There will be some cost savings in terms of 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 reduction of personnel. The talent from Utilities would be assuming the duties of the purchasing agent who took advantage of the Voluntary Separation Program. The Human Resource Director, Sharyn Goebelt and Assistant Director, Marylee Coyle would be leaving through the Voluntary Separation Program. A reconfiguration was being done to merge Human Resources with Risk Management. The plan was to move Risk Management and Human Resources to the Madsen Center. It would afford the employees more convenient access and confidentiality. The GIS operation located in the West Wing would move into the current Risk Management area to be closer to the ITS Department. Other areas being considered is the Utilities Storm Drainage Division may merge into Public Works. The Library, Recreation and Public Arts may create a job sharing initiative to better integrate the Library and Recreation program and shared use of facilities to save costs. Commissioner Orlove inquired about the building inspectors receiving their code compliance certification. Nancy Byrne, Assistant Director of Development, explained a pilot project had been initiated with Code Compliance involving the Industrial Avenue area and certifying three building inspectors to be level one, certified code inspectors and working together to start enforcement in the area. The pilot program has not been fully implemented. In the interim, two other building inspectors were certified as Code level one. By the end of the fiscal year all building inspectors should be certified Code level two and some Code level three. The pilot started in January looking at Business Tax licenses, general Code site inspection work, abandoned vehicles and other violations that they would notice on the site. They also inspected interior, structural details. It was a joint training endeavor. Business Tax licensing is handled in Development currently so the position was eliminated last year. Commissioner Hay asked if the same opportunity was afforded to the Code Compliance Officers to become Building Inspectors. Ms. Byrne could not respond since Code was a separate division from Development. Mayor Rodriguez inquired who was managing the reorganization. Ms. Byrne replied they were given the task by the Budget Team and City Manager late in March to move forward with the consolidation. Commissioner Orlove expressed concern that the Code Compliance Officers have certain skills or experience that if merged with the Building Department would lessen the level of service. Mr. Byrne felt a diminished level of service was not an issue since there would be more boots already in the field doing Code work at the same time. The field inspections would be ongoing and there would be no reason they could not address Code violations at the same time. It provided greater utilization of employees already in the field. The building disciplines are State licenses rather than a certification. Experience in the construction of a site would be required as a qualification to become a 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 licensed building inspector. There is one Code Officer who is structurally certified. After review of all the personnel qualifications, a training track would be established. Mr. Bressner added the prospect of consolidation had been discussed over the last year. Ms. Byrne concurred it had been discussed at the last budget review by the Budget Team. Commissioner Orlove understood there was concern about removing Code Compliance from the Police Department would result in a lack of enforcement ability to pursue some issues. Ms. Byrne recognized that concern and recalled Code Compliance had been part of Development and then came under the Police Department. Five surrounding municipalities have Code Compliance in either Community Improvement Division or Public Works. One other municipality includes Code Compliance with the Police Department. She stressed that during disaster response, Code folds into Building to do structural inspections. Mayor Rodriguez inquired if process flows, process mapping, capacity plans had been done. Ms. Byrne responded after last year's budget discussion process mapping was done to see how it might tier. It was never envjsioned to eliminate a Code Officer position that couldn't achieve a State certification. In Building, one discipline can get multiple disciplines if they have the experience and would be more valuable to the City. The capacity planning revealed three levels of positions within the structure of the inspection division. There were eight Code Officers and five field inspectors. In the consolidated department there are ten people capable of doing Code. In essence there would be one dedicated person in each Commission District with one floater totally dedicated to Code and four other boots on the field that could do building inspection and Code work. Mayor Rodriguez outlined his position that the Commission had been very clear that Public Safety was to be untouched. He considered Code Enforcement as Public Safety and work along side the Police Department. Boynton Beach was different than other cities in the area having lower income levels and higher taxes. The community has been able to maintain its level because of the work of Code Compliance and their enforcement capacity. Mayor Rodriguez was concerned there was no communication with the Commission about the merger other than by the employees themselves. He did not like the reorganization and wanted to undo it. Commissioner Orlove commented other decisions were not brought to the Commission's attention. He understood some of the other reorganization plans, but the Code Compliance merger was a concern. It was mentioned there was more data that needed to be reviewed and when completed may give more understanding to the idea. Mr. Sressner thought the fundamental decision was taking Code Compliance out of the Police Department and he needed specific direction from the Commission. He 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 emphasized from an operational point of view, having cross-trained individuals going into a location would create the ability to cover more tasks at the same time. He did understand the concern relating to the institutional memory or the knowledge of the community that the Code Compliance Department has with respect to their affiliation with the Police Department. In terms of the trade-offs, it would be a key to the cost of providing services. If Public Safety is a sacred area that needs to be protected, then the reorganization has to be re-evaluated. Mr. Bressner was willing to do that based on the direction of the Commission. Commissioner Hay had several questions. He recalled the department budget reductions were to be 10% across the board. Mr. Bressner confirmed that was the target, but other opportunities were sought to achieve economies of scale through consolidation. Every possibility was being considered. Commissioner Hay did not see how moving Code to the Building Department would improve the level of service. The appearance of the Police logo garnered attention to the authority of the Code Officer. Commissioner Hay speculated building and development was not overly burdened with work or revenue while Code Compliance generated income due to the leverage of being associated with the Police Department. He felt Code needed to remain a part of the Police Department. The span of control would reveal the City is top heavy with supervisors, supervising supervisors. Commissioner Hay wanted to review the management levels and span of control rather than consolidating departments. Commissioner Orlove agreed with Commissioner Hay and wanted to see the resulting savings from any reorganization or consolidation. It would be helpful to make the final decision. Vice Mayor Ross understood why they should be kept in the Police Department based on the information currently available. She noted the solidarity of the Code Compliance department was compelling until more information was provided. Mr. Bressner cautioned the preliminary figures on the tax base were not known. The impact of the voluntary separations will be positive. but the institutional memory skills lost would be significant. There will be cost savings if positions are not replaced. There will have to be layoffs. It has been helpful to have a voluntary separation program for those leaving to retire, saving a position for a younger person or other opportunities. The department budgets were due next week. Mayor Rodriguez did not understand why reorganization would be done before the budgets were reviewed. Mr. Bressner believed all the configurations made sense in consolidating activities. Commissioner Orlove thought it worked in concert. Mr. Bressner viewed the budgets in light of what provides the best services for the City and in a realm that is affordable. Mayor Rodriguez pointed out communication had been terrible. He had been told the Voluntary Separation Program was being offered to employees as a way to avoid being fired. 21 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Commissioner Orlove explained it was not unusual to offer a Voluntary Separation Program because a job is being eliminated. Mayor Rodriguez agreed; however, the Commission had not agreed to the method being used and had not been informed it was being offered under those circumstances. Commissioner Orlove argued the same scenario was used in the private sector and what was being done was in the best interest of the City in trying to offer alternatives to the employees being affected. He recalled that there had been discussion with the Voluntary Separation Program that it would be offered in the manner being done. It was a better way to deal with layoffs rather than just handing individuals a pink slip. Mayor Rodriguez understood the process taking place. He did feel there was a lack of communication what was being offered to the employees. It needs to improve to get through the budget cycle and be better organized and prepared and have better communication. Sharyn Goebelt, Human Resources Director, commented she had been with every employee and their supervisor when potential layoffs were discussed. No one was forced and it was stressed it was strictly voluntary and it is an option that is available. Everyone was treated with respect, but it has to be done and the employees have responded in a very professional manner. No one has been coerced or forced. They have been given the option. Scott Blasie, Code Administrator, did not want to end his career on this note and expressed his admiration for Mr. Bressner, Ms. Byrne and Mr. Greene. The merger has been in the works longer than the end of March. It had been discussed for well over a year and included mention of a Master Plan. At the time, an initiative was undertaken to have building inspectors certified in level one. The trend, nation-wide, is putting Code Enforcement with Public Safety. Code Officers have been killed in the line of duty and crime and blight go hand-in-hand. He expressed appreciation to Chief Immler for supporting the Code Department. The Code Compliance staff are on demand and citizens want action now. Building Inspectors have a more regimented schedule for inspections. People have more respect for the Code Officers because they are part of the Police Department. Mayor Rodriguez commented Code had worked very hard keeping tabs on the appearance of the City. Without the attention to detail, property values will plummet. An aggressive, hardworking Code Compliance team is essential. The momentum gained should not be lost. The decision should be made during the budget cycle and not now. Mayor Rodriguez thanked Mr. Blasie for his hard work and efforts. Mr. Sressner rescinded the layoff notices for the three Code Compliance personnel. He cautioned that overall levels of service would be evaluated within the division and whether the level of staffing should be sustained. The other positions affected in the Building Department would go forward. 22 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Mayor Rodriguez summarized that more data should be provided about the financial benefits of the proposed changes before action is taken. It is tough and heart breaking. A. PROPOSED RESOLUTION NO. R11-0S0 - Discussion regarding opposition to Chapter 2011-1, Laws of Florida entitled Student Success Act. Commissioner Orlove disclosed he had requested the matter be added to the agenda. He felt, as an elected official, opinions on the action of other governmental agencies should be voiced, specifically if in opposition. He asserted the Student Success Act was a misnomer and was not for student or teacher success. The Commission should send a message to State officials that the Law is wrong. Vice Mayor Ross, as a professional educator, agreed with Commissioner Orlove and could not support the Student Success Act. Commissioner Hay agreed. Motion Commissioner Orlove moved to approve. Vice Mayor Ross seconded the motion. The motion passed B. Presentation of Financial Advisory Committee Recommendations Donald C. Scantlan, 13 Cedar Circle, Chair of the Financial Advisory Committee, noted the executive summary submitted would cover the presentation. For the six months the Committee had existed, the work involved was contained in the report. He proposed a workshop on a Monday night to discuss each recommendation with the individual Committee member responsible for the data gathered. Commissioner Orlove was thoroughly impressed with the accomplishment in a very limited time. He thanked the Mayor for moving forward with the idea of a Financial Advisory Committee. He agreed a workshop would be appropriate to adequately cover all the information provided. A possible date was discussed. Commissioner Orlove did want to have a recommendation and discussion on the millage rate. It was decided April 25th would be the date for the workshop. Commissioner Hay wanted input from staff on the question of pensions and e-billing. Mayor Rodriguez concurred with Commissioner Orlove's praise for the Committee and commended Mr. Scantlan for his leadership. The Mayor did want to know what the financial impact would have been for each topic whether or not the Committee voted for a recommendation. Commissioner Orlove wanted to know the fiscal impact on the cell phone issue. Vice Mayor Ross was intrigued by the concept of homeowner association (HOA) contributions. Mr. Bressner added it was a potential program that would need to be marketed. There have been some associations that have donated for specific equipment for Police and Fire, 23 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 especially in Hunters Run. Vice Mayor Ross also looked forward to discussion on the sale of real estate. C. Review City Manager's Involvement with Palm Beach County Ethics Ordinances Review Committee and Inspector General Ordinance Review Committee Mr. Bressner reported the Palm Beach County Ordinance had three seats on two committees to work on the various Codes that had to be implemented based on the referendum that approved the Ethics initiative. The voters indicated the Ethics Code and Inspector General provisions would be applied and effective in the corporate limits of all municipalities. The interaction between the League of Cities and representatives of the advocacy group was to meld the cultures of all entities into one set of ordinances. The League of Cities wanted two City Managers and legal counsel from the League of Cities to serve on the committee. Mr. Bressner had been approached by representatives of the League to serve on the committee. None of the members of the committee realized the number of meetings that would be necessary. It became clear the successful roll out of the ethics ordinance would require a significant amount of dialogue. The end product would be very important for all municipalities, the County and public. The rules need to be clear, common sense and support the voters' mandate for honesty and transparency. Mr. Bressner felt his senior status in Palm Beach County was the reason his services were requested. He participated to be able to fulfill the voters mandate. Commissioner Orlove did not understand why the topic was put on the agenda. He recalled Mr. Bressner mentioned he had submitted an application to sit on the committee back in November. Later it was announced he had been accepted on the committee. He was been quoted in news articles on the issue and has been mentioned by name. Commissioner Orlove appreciated the effort he put toward a voters mandate and represented the City's interest on many of the issues. Vice Mayor Ross thanked the City Manager for being involved in the committee and knew he had spent extensive hours on the issues. Commissioner Hay sat on the Board of Directors for Palm Beach County and he had heard nothing but praise for the leadership and experience of the City Manager. He was proud of his leadership in that capacity and the conversation was to not allow the Inspector General position having too much power. The committee has helped to set the rules and limitations to preserve the individual rights. He commended Mr. Bressner for his work. Mayor Rodriguez disclosed he had the item put on the agenda. He agreed with what had been said, but had some concerns. He took ethics seriously and when the State Attorney accused the committee of watering down the ethics ordinance, he was concerned. He was concerned the City Manager, who reports to the Commission, is 24 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 assisting in making those decisions. Mayor Rodriguez, personally, wanted no attachment or involvement with a person making decision about the ethics to be followed. He wanted to publicly state, "I do not support my City Manager making decisions about ethics, whether it is watering down ethics or whether it is increasing it. I'd rather it be an arms length transaction between my City Manager. I'd like others to make the decisions for me. But the fact that he reports to us and that he's making decisions, in my view, may look different than it may appear". It was his only concern only when it was suggested the committee was watering down the ethics issue. The perception that might be carried over to the Commission was his concern. He wanted to state for the record, "I do not support a reporting relationship with my City Manager involved in that Ethics Commission. If all I have to do is state that publicly than that is what I am doing today because I think it is important that that transaction is arms length and we are not involved in it." Commissioner Hay totally disagreed. It was the best way to have an effective Inspector General and have input into it. It will affect all municipalities and Boynton Beach's City Manager is involved in that process and has the experience to assist in the process. He was selected to lead. Mayor Rodriguez did not disagree but did not like the fact the City Manager reported to the Commission and there is potential conflict. He reiterated his statement for the record, "I do not support my City Manager making decisions for this Board." A person not involved in a reporting relationship with the Commission would have been acceptable. Commissioner Orlove noted in 2010 when Mr. Bressner brought it the Commission's attention would have been the appropriate time for the Board to suggest he not sit on the committee. Mayor Rodriguez thought the committee would work through how the ethics ordinance would be applied to the City and not actually developing the ethics ordinance itself. How it is applied would be different than developing the ordinance. Mr. Bressner understood the Mayor's position. The League of Cities had made a conscious decision to appoint two City Managers and an attorney to be their representatives. Whoever the Managers were would have potential conflict then. Mayor Rodriguez pointed out there were other City Commissioners in the County who have taken the position stated and their City Manager is not on the committee. Economic Development - (This item was added to the agenda) Vice Mayor Ross remarked there had been discussion about the budget and the Financial Advisory Committee recommendations. She wanted to be positive and throw in economic development and its importance. The City needs to be more business friendly. She wanted thought to be given for monies to develop more incentives City- wide. New businesses were coming to the City outside of the CRA district. There are no significant incentives from the economic development approach. 25 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Mayor Rodriguez thought it was a good point. There was an economic development ordinance that the City has since 1990 and monies should be allocated during the budget. The County takes monies from the CDBG allocation to fund some economic development incentives. There may be other options the Commission can consider. Commissioner Hay agreed with the Vice Mayor and suggested it might be a matter for discussion at the upcoming workshop. Mayor Rodriguez noted there was no money allocated. Mr. Bressner advised the provision in the Code should be updated and reviewed. A program should be established with different criteria and specific ties to employment levels between public dollars being used for economic development. It was decided it would be placed on the agenda as a Future Agenda Item giving staff time to do some research and make recommendations for any funding. 13. LEGAL A. Charter Review Committee Appointment -TABLED ON 3/15/11 (This item was tabled) B. PROPOSED ORDINANCE NO. 11-014 - FIRST READING - Approve the staff initiated creation of a City of Boynton Beach Green Building Program Ordinance. . Attorney Cherof read Proposed Ordinance No. 11-014 by title only on first reading. Ms. Byrne reported the Green Building Program was very innovative being only the second City in the country to adopt this type of Code. It would facilitate all levels of green building including a very minor fee. It would allow the Commission to build incentives into a developers agreement that can be monitored and provide feedback to the Commission. The cost to the developer would be minimal and most are already using the energy efficient measures. It is only commercial in the first phase. The building inspector would gain additional certification to administer the program. Vice Mayor Ross added it would include the CRA Tax Incremental Financing Funding as well. Ms. Byrne replied it would be a tool that could be used. It is not a mandatory program and would not impose a greater burden on anyone building in the City. Ms. Byrne commended the staff in her department that is now recognized throughout the State for developing this program. Motion Commissioner Orlove moved to approve, on first reading, Proposed Ordinance 11-014. Vice Mayor Ross seconded the motion. 26 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 Vote City Clerk Prainito called the roll. The vote was 4-0. C. PROPOSED ORDINANCE NO. 11-015 - FIRST READING - Approve the recommended revisions to the City of Boynton Beach Personnel Policy Manual (PPM). The revisions to the PPM update the manual so that it properly reflects the intent and purposes of the current City personnel programs, eliminates outdated policies and provides flexibility to management Attorney Cherof read Proposed Ordinance No. 11-015 by title only on first reading. Ms. Goebelt related the Personnel Policy Manual (PPM) was a guide that the supervisors follow when collective bargaining agreements are not applicable. There are 151 employees under the (PPM). There are also six collective bargaining agreements. The amendments were made to become more current with the policies and adding new policies, giving more flexibility to the Commission and City Manager regarding furloughs and holiday pay. Longevity pay was eliminated and the layoff verbiage changed. Attorney Cherof confirmed he had reviewed the changes. Commissioner Orlove questioned the exemption discussed on furloughs. Attorney Cherof replied it started with the City Manager, under his authority under the Code and Charter. Whether the Commission reviews it or not would be a policy decision of the Commission on a case-by-case basis. Mr. Bressner commented, if there was a furlough program, it would be folded into budget discussions. Mayor Rodriguez thanked Ms. Goebelt for her hard work and effort. He did remind the Commission the CRA human resource function is outsourced to the City and it should be preserved. Ms. Goebelt remarked it was an honor and privilege to work for the City. She felt it would be fair to step aside and give younger people an opportunity. She enjoyed working for the city of Boynton Beach. Vice Mayor Ross thanked Ms. Goebelt for efforts and commended her on her wonderful sense of optimism. Motion Vice Mayor Ross moved to approve. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 27 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 14. FUTURE AGENDA ITEMS A. Sister Cities Presentation - 4/19/11 B. Appointment and Swearing in of Vice Mayor - 4/19/11 C. Follow-up on Joint City/CRA Downtown Workshop of 2/17/11 - 4/19/11 D. Presentation from PBC School District regarding Galaxy Elementary School reconstruction - 4/19/11 E. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 5/3/11 F. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11 G. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Rodriguez adjourned the meeting at 9:57 p.m. (Continued on next page) 28 Meeting Minutes Regular City Commission Boynton Beach, FL April 5, 2011 ATTEST: odriguez, Mayor OF BOYNTON BEACH dith A. Pyle, C eputy City Cle 29