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Minutes 04-27-11 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON WEDNESDAY, APRIL 27,2011 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager Kerry Ezrol, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Hay Mayor Rodriguez called the meeting to order at 6 p.m. and advised the Commission would be holding a closed-door session and would be returning in approximately 30 minutes. CLOSED DOOR EXECUTIVE SESSION BEGINNING AT 6:00 P.M. BOYNTON BEACH MAUSOLEUM, INC., Plaintiff/Counter-Defendant, vs. CITY OF BOYNTON BEACH, Defendant/Counter-Plaintiff/Third-Party Plaintiff, vs. BOCA RATON MAUSOLEUM, INC., Third-Party Defendant Case No. 502008CA030 196XXXXM B(AB) Attorney Ezrol announced, for the record, "that in accordance with the Statute, this is a - the Commission is going to be meeting in private session with the Attorney in accordance with Section 286.011 Florida Statutes to discuss the case of BOYNTON BEACH MAUSOLEUM, INC. vs. the CITY OF BOYNTON BEACH, Palm Beach Circuit Court Case No. 502008CA030196. Those in attendance will be the Mayor, members of the Commission, myself, a Court Reporter and the Assistant City Manager. We expect the private session will take approximately one-half hour." Mayor Rodriguez declared the meeting recessed at 6:01 p.m. Mayor Rodriguez declared the closed-door session concluded and reconvened the meeting at 6:33 p.m. D. Agenda Approval: 1. Additions, Deletions, Corrections Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 There were no additions, deletions or corrections. 2. Adoption Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed. Commissioner Woodrow Hay led the Pledge of Allegiance to the Flag. Mayor Rodriguez mentioned that an item needed to be added to the agenda. It was a presentation on the reconstruction of the Galaxy Elementary School. Motion Vice Mayor Ross moved to add the agenda item. Commissioner Hay seconded the motion. The motion passed. The agenda was modified to add Item 3.C. 2. OTHER A. Appointment and Swearing in of Vice Mayor Motion Commissioner Hay nominated Commissioner Bill Orlove. Commissioner Holzman seconded the motion. The motion passed. Vice Mayor Orlove expressed his appreciation and looked forward to continuing his service to the City in a different role. Mayor Rodriguez thanked former Vice Mayor Ross for her hard work and support of the Mayor during the past year on City side and CRA side. Commissioner Ross thanked the Mayor and Commission for the opportunity to be Vice Mayor. She had learned a great deal and felt it was a great experience. Mayor Rodriguez administered the oath of office to Vice Mayor Orlove. Vice Mayor Orlove appreciated the confidence the Commission had in his abilities. He hoped to serve the citizens well. B. Informational Items by Members of the City Commission 2 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Commissioner Ross had attended the Children's Schoolhouse Museum annual dinner/dance fund raiser, Cross Point Elementary Career Day and the League of Cities monthly luncheon. Vice Mayor Orlove had attended the Children's Schoolhouse Museum fund raiser, Arbor Day dedication with students from St. Mark School and dedication of the Boat Club Park artwork. The Southern Dance Theater has dancers who are part of a film called "The Magic Ribbon" that was filmed by students and is in competition with other student films. The competition is sponsored by Sprite and votes can be cast for the film through their web site. Vice Mayor Orlove had attended the Boynton Beach Firefighters Benevolent Association Annual Fishing Tournament and Firehouse Chili Cook-off. He was one of the judges and Boynton Beach Fire Station #4 "B" shift won. The fish caught was donated to charity. He announced the US Department of Energy had approved the Energy Block Grant of $90,000 to reduce the community's carbon footprint. One project was to use solar power for the water heaters at Fire Station #5 and the citizens could watch the energy savings. Commissioner Holzman had nothing to report. Commissioner Hay had been a guest lecturer at Palm Beach State College discussing diversity in leadershi~. He had attended the Children's Schoolhouse Museum dinner/dance for its 10 h Anniversary and Cross Point Elementary Career Day. He bid on and won the cruise. He urged the citizens to visit Boat Club Park and see the artwork on the building created by a 15-year old artist, Guy Snell. As mentioned, Commissioner Hay had been sworn in as a Board Member for the Palm Beach County League of Cities. There were many issues that should be of concern to the municipalities, particularly the Code of Ethics and the Inspector General's duties and responsibilities. Commissioner Hay commended staff for cutting the hedges so the marquee could be seen. Mayor Rodriguez explained the trees were being trimmed in anticipation of painting City Hall. May 21st is scheduled as the first painting session. The paint would be donated from the Solid Waste Authority and volunteers were needed to do the painting. There would be no cost to the taxpayers. Commissioner Hay expressed concern with the possible liability issues. Mayor Rodriguez assured the Commission that meetings were being held and the challenges met. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of Mayas Building Safety Month. Accepting the proclamation is Andrew Mack, Building Official. 3 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Mayor Rodriguez read the proclamation for Building Safety Month for May, 2011. It was presented to Andrew Mack, Building Official, who thanked the Mayor and Commission for the recognition of the Department's hard work and support throughout the year. B. Proclaim the week of April 24th to the 30th, 2011, as Preservation Week. Accepting the proclamation will be Anne Watts, Assistant Library Director. Anne Watts, Assistant Library Director, accepted the Proclamation for Preservation Week and stressed the Library supported all historic preservation, including archives and local history material. She invited everyone to visit the Library. C. Presentation on the Reconstruction of Galaxy Elementary School. Michael Owens, representing the School District of Palm Beach County, thanked the Commission on behalf of his entire team for an opportunity to present the modernization of Galaxy Elementary School. Jose Burgetto, Architect, located the site and indicated the new facilities would be probably one of the most exciting elementary schools in the State of Florida. It will introduce a new science curriculum focused on energy, environment and engineering. The theme would be, "The Wonder of Science" and would introduce color into the school to peak natural curiosity of the children and develop life-long learners. It will encompass project-based learning and promote collaborative learning and critical thinking. The facility will be the first LEED platinum school and compliment the initiatives the City has undertaken in sustainable design. There will be 605 students in the first phase. There will be a built-in expansion shell area for 182 more students with a future footprint area for 257. Ultimately it could service 1044 students. It will be used as a demonstration site utilizing examples of sustainable design such as bio-swales, harvesting plants, windmills and solar farms. The site will become a classroom in and of itself. The floor plans were reviewed including the security measures. The entryway will feature interpretive learning measures and exhibits of engineering and the environment. A wonderment zone would include four labs with displays of engines and space ships. Ongoing science exhibits will be on continuous display. The hallways will be exhibit centers on the floor and walls. It will be a dynamic school and integrate reading, writing and math with science projects. The classrooms would be technology rich. The second floor would have a green roof to grow plants and harvest rain water. The playground and adjoining park and preserve will create a unified green space for the community of 16.5 acres. The ingress and egress was identified. Ground breaking was set for December 2011 with children in the facility by August 2013. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Mayor Rodriguez inquired what the solar farm would support. It was estimated 4% of the energy would be generated from the solar farm and wind mills. Commissioner Ross inquired if the LEED certification would be difficult to achieve. Mr. Burgetto replied it was a high standard and added there was a grant strategy developed to attain the platinum level through a series of community partner grants resulting in less cost to the School District. Commissioner Hay was excited about the improvements and asked if the 605 students would be limited to the existing Galaxy boundaries. Mr. Owens explained initially the boundaries would be the same, but with the addition of other academic programs some students outside the boundaries would be brought in. Vice Mayor Orlove inquired if there was a potential the school could become a magnet program or school of choice. Mr. Owens believed there would be some program enhancements but would remain a boundary school for the neighborhood. The funding for the facility had been approved. 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) Jennifer Snow, 5117 Cheryl Lane, West Palm Beach, supporter of Katy's Kids Learning Center, had witnessed problems with a park across the street from the Center. The park has bright lights on all night and encourages the presence of drug dealers and addicts who vandalize the Center's property. The police had been called for the alarms. The alarm company had changed a sensor in the door, but it continued to activate the alarm. The police were asked to intervene on three occasions; however, upon their arrival the individuals were gone. The City was charging the school for the alleged false alarms in spite of confirmation from the neighbors regarding the vandalism. Catherine Muhammad, 127 South K Street, Lake Worth, owner, had contacted City staff and was advised to appear before the Commission. Recently, the entire building was on lock down due to criminal activity and guns. The Center is located at 2895 SE 2nd Street. Mayor Rodriguez suggested the parties discuss the matter with staff and a report could be made to the Commission on the resolution. Jeff Mark, 812 NW 6th Avenue, Boynton Beach Rescue Lieutenant and union steward, spoke on the proposed ocean lifeguard layoff. There were 265,094 visitors to Oceanfront Park in 2010 and a comparable number so far this year. There are four lifeguards per day, working ten-hour shifts for maximum coverage with minimal staff. With the loss of one lifeguard, the remaining staff will be forced to work five day, eight- hour shifts per week. Mr. Mark contended, according to the union contract, all the part- time employees would have to be let go before a full-time employee could be laid off. 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 He felt there were various ways monies could be found to cover the projected $45,000 savings. John McGovern, 2620 Spiceberry Lane, commented the choice program in the School District was coming under review. Mr. McGovern was present to discuss the recent surveys relating to branding and the Old High School. He noted 60% of the survey responders labeled the City as "struggling". As an example, there are 18 assisted living facilities within the City of Boynton Beach, many housing veterans that were not aware of additional benefits to which they were entitled. He felt the survey relating to the Old High School was too directional and pushed for a particular result. Brian Miller, 2515 NE 2nd Court, reported there was a single-family house at 2861 N. Seacrest in major disrepair for an extended period of time. It was now in foreclosure. The location had been cited by Code Compliance twice, but funds to improve the site are no longer available. He urged the Commission to address the situation, as well as other houses in the same condition. Commissioner Hay commented he had gone by the site and it was atrocious. It should be cleaned up at whatever costs. He would discuss with staff some suggestions to solve the issue. David Saunders, 103 SE 34th Avenue, spoke about the Ocean Rescue Division. He had worked for the City for 24 years as an ocean lifeguard. The 10% budget reduction requested would result in the loss of one full-time lifeguard. The beach is staffed 365 days a year, including holidays with eight full-time employees. Beach attendance has increased while staff has decreased. The employees wanted to continue to provide the highest level of service to the beach patrons. Vinola Rada, 719 SW 3rd Avenue, commented with a high technology school such as the proposed new Galaxy Elementary School, students from other areas will migrate to the School. She urged the Commission to keep the boundaries within the community. Commissioner Hay concurred. Mayor Rodriguez commented neither the administration nor the Commission had laid off any lifeguards. There may be discussions and recommendations, but no action has been taken. 5. ADMINISTRATIVE A. Accept the resignation of Susan Indilicato, a regular member of the Golf Course Advisory Committee Motion 6 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Commissioner Holzman so moved. Commissioner Hay seconded the motion. The motion passed. B. Accept the resignation of James Brake, a regular member of the Code Compliance Board Motion Commissioner Holzman so moved. Commissioner Ross seconded the motion. The motion passed. C. Accept the resignation of Barbara Lentz, a regular member of the Arts Commission Motion Commissioner Holzman so moved. Commissioner Ross seconded the motion. The motion passed. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Commissioner Holzman appointed William Mitchell as an alternate to the Veterans Commission. Vice Mayor Orlove seconded the motion. The motion passed. Motion Commissioner Holzman, on behalf of Mayor Rodriguez, moved to appoint Eric Jones to the Historic Resources Preservation Board. Commissioner Hay seconded the motion. The motion passed. Motion Commissioner Ross moved to appoint Jeffrey Fisher as an alternate on the Financial Advisory Committee. Commissioner Holzman seconded the motion. The motion passed. Motion Vice Mayor Orlove appointed Linda Stabile to the Historic Resources Preservation Board. Commissioner Ross seconded the motion. The motion passed. Motion 7 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Commissioner Holzman appointed Khadijay Davis to the Education and Youth Advisory Board. Vice Mayor Orlove seconded the motion. The motion passed. Motion Commissioner Ross appointed Mikerline Louis as a student non-voting member. Commissioner Holzman seconded the motion. The motion passed. Motion Commissioner Holzman appointed Brian Miller as a regular member of the Planning and Development Board. Commissioner Hay seconded the motion. The motion passed. Motion Commissioner Hay moved to table the rest of the appointments. Vice Mayor Orlove 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. PROPOSED RESOLUTION NO. R11-051 - Approve the proposed contract with AECOM TECHNICAL SERVICES of West Palm Beach, Florida as the selected firm for the partial design services for repair and/or partially replace/relocate a portion of the "STORMWA TER BASIN BOARDWALK FOR THE CITY OF BOYNTON BEACH" in the amount of $22,000, plus direct expenses as specified on the last page (attached as Exhibit "B") of the task order. B. Approve expenditure from the Police Department's Law Enforcement Trust Fund (State Forfeiture) in the amount of $27,000 for donation to the Youth Violence Prevention Program C. Accept the written report to the Commission for purchases over $10,000 for the months of February and March 2011 D. Approve the Minutes from the City Commission meetings held on August 31, 2010, and April 5, 2011 8 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 E. Approve staff's request to reallocate funding to retain the services of the part time Office Associate position for the Youth Empowerment Center (YEC) 7. BIDS AND PURCHASES OVER $100,000 A. Award "MICRO-SURFACING of EIGHTEEN (18) STREETS IN CITY OF BOYNTON BEACH to FLORIDA HIGHWAY PRODUCTS, INC. of Celebration, Florida with a total proposed expenditure of $414,457.80 plus an 8 percent (8%) contingency in the amount of $33,156.62 for a total estimated project cost of $447,614.42. This includes both the micro-surfacing and the line restriping when deemed necessary. Commissioner Holzman inquired if past micro-surfacing issues of having to re-surface some roads had been resolved. Jeff Livergood, Director of Public Works and Engineering, recalled there had been an issue in the 1990s that was corrected in 2003 with wonderful success since that time. There will always be reflective cracking because it is only a surface treatment. Vice Mayor Orlove commented his community had success with the micro-surfacing product. The technology aspect had greatly improved. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. B. Award Co-op bid with City of Delray Beach for Chemicals and Fertilizer to various vendors as listed below as the lowest, most responsive, responsible bidders who meet all specifications with an annual expenditure of $100,000 Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. The motion passed. C. Approve the Bid for "ANNUAL CONTRACT FOR HARDWARE SUPPLIES AND ELECTRICAL COMPONENTS" Bid # 026-1412-11/MFD to the following five (5) companies: AAA Tool Supply, Fastenal Company, Graybar Electric Co., Southern Star Fasteners and World Electric Supply on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Commissioner Holzman alleged there was some overlap with the bid process. There were some items with several vendors as equal low bidders. Barry Atwood, Finance Director, advised one would simply be picked. Commissioner Holzman asked if there 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 was some type of rotation of awards. Mr. Atwood advised local companies or one that had delivered in the past would be given preference. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. D. 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 #059-2821-10/CJD 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" (TABLED ON 04-05-11). Motion Vice Mayor Orlove moved to remove the Item from the table. Commissioner Hay seconded the motion. The motion passed. Mayor Rodriguez recalled six contracts would be awarded to the top bidder and the concern was three of the six contracts are with one vendor. Once awarded, those vendors would automatically get the work orders as they arose. There would be no rotating process. Previous discussion suggested the top three in each category would be allowed to participate and the contracts negotiated within the top three. Attorney Ezrol advised the suggested process was not how the project was bid. The bid indicated services A thru E and in each area the bid was let out to the public as though, in accordance with the Consultants' Competitive negotiations Act (CCNA), the most qualified firms would be ranked one through three after which the prices would be negotiated, with the first rank, qualified firm for each category. Upon agreement on the pricing, the process would end. If an agreement on price would not be negotiated, staff could proceed to the second ranked firm to negotiate prices and then the third ranked firm, if necessary. Attorney Ezrol indicated, if the goal was to proceed on a rotating basis, the bids submitted would have to be rejected and the process started over. Mayor Rodriguez contended the price negotiations with the top ranked firm would eliminate any competitive bidding scenario. Attorney Ezrol responded Statute 287.55 is drafted so that the ranking for specified services would be by qualifications and other categories permissible for consideration and price is not included. Mayor Rodriguez 10 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 reiterated competitive bidding would not be permitted. Attorney Ezrol replied the City could have other information on competitive pricing in the market to make a determination on the pricing offered. The information could not be obtained through discussions with the second and third ranked firms. Proposed legislation may change those rules. Commissioner Holzman inquired if there was sufficient time to reissue the Request for Proposal (RFP). Mr. Atwood cautioned it was a lengthy process and would depend on the scope of the project. It would involve three to five months to start over. There are twelve projects, mostly from Utilities, that are pending and were anticipated to be awarded over the next two years. Kofi Boateng, Utilities Director, advised some of the projects are critical and should commence as soon as possible. There could be projects that have not been anticipated that would use the process also. The previous contracts had expired a year ago. There were ongoing projects. Mayor Rodriguez was concerned that a more proactive approach had not been taken. Ms. LaVerriere interjected the City Manager had reduced the spending thresholds for this type of contract under a task order type system. There has been restructuring of the process to bring down the thresholds. The benefit was smaller projects could be undertaken at a faster pace than bidding each individual project. Finishing projects under the task order system has been the priority with no new contracts awarded. Any necessary projects in the interim would have been individually bid. Vice Mayor Orlove questioned if there were projects waiting for consulting services. Mr. Boateng advised there were such projects. The three to five month process to start over could impact the Utilities Department. Ms. LaVerriere advised there are emergency procedures in place, but it was not the ideal way to address the issue. Mayor Rodriguez commented that RFQs should not let out bids that isolate one vendor and, if done, it should be brought before the Commission. Commissioner Ross agreed and did not want the practice to continue. Motion Commissioner Holzman moved to accept the rankings and move forward. Vice Mayor Orlove seconded the motion. Raney Mathews, President of Mathews Consulting, offered their experience was that the CCNA Statute would not prohibit the City from entering into continuing contracts with more than one firm. The Statute is silent on how many contracts could be awarded, but does indicate firms cannot be required to bid against one another. It is a common practice for governmental entities to issue multiple contracts. The RFQ does include language that reserves the right to increase or decrease the quantity specified in the RFQ. It is likely the City will have one firm for three scopes if the current bid continues. Two of the firms are large national firms. Ms. Mathews requested the 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Commission contract with the three top firms, not just negotiate. It will prevent a monopoly on the consulting work, allow local, small, and minority businesses to do business with the City that could result in lower costs on the projects. Attorney Ezrol disagreed that the City was not authorized to select multiple vendors and not consistent with the CCNA that governs the process. Becky Hackenberg, with MWH, 100 S. Dixie Highway, Ste 300, West Palm Beach, agreed with some of the comments of the previous speaker. She pointed out there are only five points out of 2,500 points separating the top four firms. The RFQ had been challenging because the gap in individual scorings had greatly altered the outcome. Ms. Hackenberg thought the scoring should be reviewed. She urged the Commission to select multiple firms. No one else came forward. In light of the scoring issue raised, Mayor Rodriguez suggested the item be tabled until the process is reviewed. Commissioner Holzman agreed he could not support the motion because he had too many concerns about the process and negotiating with only one firm was an egregious error. He preferred the staff ranking be rejected and move forward with a new RFQ to be issued with new terminology. Vice Mayor Orlove agreed, but the timeframe was a concern. Mr. Atwood estimated a new RFQ could be issued in a couple weeks. There has to be time for the respondents to submit their paperwork. If the same number of responses are received, the evaluation team will require a few weeks to review all the submittals. Motion Commissioner Ross moved to reject the staff rankings and direct staff to reissue the RFQ. Commissioner Hay seconded the motion. Vice Mayor Orlove wanted clarification on the number of firms per scope that would be considered. Mayor Rodriguez did not want any limitation, and wanted the Commission to decide, based on the scoring how many firms would be used in each category. Mr. Atwood pointed out the negotiations involve only the rates and not the tasks. Mayor Rodriguez replied the Commission wanted multiple organizations to be able to rotate work through the top ranked firms. Attorney Ezrol would work with staff based on the direction of the Commission. The motion passed. E. PROPOSED RESOLUTION NO. R11-052 - Approve City Departments to utilize the State of Florida Contract for Multifunction Copiers, Service and 12 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Supplies with Konica Minolta under Contract number 600-000-11-1 when replacing existing equipment Vice Mayor Orlove questioned if there was a true need to replace 34 copiers. Mr. Atwood noted the budget review process could alter the number to be replaced. They are for specific Departments. Some are shared by several employees. Commissioner Holzman reiterated it would be an option to lease 34, if necessary, and Mr. Atwood concurred. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. The motion passed. F. Approve the Bid for "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL TRUCK PARTS AND ACCESSOIRES" Bid # 031-1412-11/MFD to the following seven (7) companies: Bennett Auto Supply, Cold Air Distributors, General GMC, The Parts House, South Florida Emergency, Total Truck and Vehicle Maintenance Program on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $140,000. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez inquired if the vendors were utilized on a rotating basis. Mr. Atwood explained it was based on the parts and the low bidder on each part. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $10,000 in Garfield Johnson v. City of Boynton Beach Motion Commissioner Holzman 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 13 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 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 Ezrol read Proposed Ordinance No. 11-008 by title only on first reading. Motion Vice Mayor Orlove moved to remove from the table. Commissioner Holzman seconded the motion. The motion passed. Kathleen Zeitler, Planner, reported the City had initiated the abandonment that was presented to the Planning and Development Board in January with conditions for a utility easement and access easement. A meeting was held with the neighbors affected by the access easement and they indicated they would not support the easement. It was presented again to the Planning and Development Board in March with a recommendation of approval with only the utility easement. The Board voted for approval. Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 11-016 - FIRST READING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13-4, Classification and Fee Schedule to provide for a five percent (5%) increase in Business Tax fees. Attorney Ezrol read Proposed Ordinance No. 11-016 by title only on first reading. Maxime Ducoste-Amedee, Zoning and Business Tax Manager, advised the Statute allows an increase in the Business Tax by up to 5% every other year. It has not been achieved in the past. It would increase the revenues. It had been reviewed by the Financial Advisory Committee who recommended an increase. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Commissioner Holzman did not think the $65,000 increase in revenue would warrant local businesses paying more to be in Boynton Beach. Mr. Ducoste-Amedee agreed the Commission had to make the decision whether the increase was appropriate, although, every source of revenue should be sought. Mayor Rodriguez agreed with Commissioner Holzman and was an advocate of not increasing taxes in recessive times. Vice Mayor Orlove agreed. He wanted to know how Boynton rates compared with other municipalities in the County and if the window to increase the fee was only every other year. Mr. Ducoste-Amedee advised it was every other year. The comparison had been with Delray, Boca and Palm Beach Gardens who had not increased its rate for ten years. The City of West Palm Beach increased their fee last year. Some jurisdictions have flat fees and some have variables. Vice Mayor Orlove surmised even though the increase would be a small burden, it would be a burden on businesses and would not be in favor of an increase at this time. Motion Commissioner Holzman moved to deny. Nancy Byrne, Assistant Director of Development, pointed out the fee had not been increased since 2006, so it could be considered every year until the next increase. Motion Vice Mayor Orlove moved to table the item for one year. Commissioner Holzman seconded the motion. Attorney Ezrol advised no action should be taken on the Ordinance. Staff could be directed to bring the matter before the Commission in a year. No motion was necessary. Vice Mayor Orlove rescinded his motion. 10. CITY MANAGER'S REPORT A. Staff update on Historic High School Planning Charette that took place on March 26, 2011. Ms. LaVerriere, Assistant City Manager, gave a brief report. The Charette was a public engagement to solicit their ideas for a re-use of the Old High School. There were 46 to 50 participants that broke into five development planning teams. The consultants' recommendations are to be presented on May 17, 2011. There was consensus to redevelop the High School and the ideas included small business incubator, 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 entertainment, artistic, cultural, banquet, restaurant and food service, ballroom and conference center, culinary institute. Residential redevelopment was rejected. There were many uses and activities suggested that encompassed public and private uses. There was consensus of the teams to recreate the school as a vibrant, new complex of uses, to serve as a tourist draw to the area with a unique Florida destination. It should be a magnet for new activity and a means to support other jobs and employment opportunities. It was a goal to make the facility as financially self-sufficient as possible, with minimal cost to the City. Vice Mayor Orlove had appeared at the Charette and commended the participants for being creative and dedicated to the concept of uses for the Old High School that everyone could take pride in the project. He was eager to hear the recommendations. Mayor Rodriguez remarked it had to be a private and public partnership to be used as a redevelopment tool and add to the downtown. The City could not solely absorb the cost. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R11-049 - Appoint an Ad Hoc Committee for Special Events - TABLED ON 3/15/11 Motion Commissioner Holzman moved to remove from table. Commissioner Hay seconded the motion. The motion passed. The matter had been tabled to have a full Commission available for discussion. Mayor Rodriguez had initiated the discussion because he felt event planning was scattered throughout the City with different departments and resourses. There was no central point of focus to coordinate events. His goal was to get volunteers who specialized in special events and marketing. The Commission had decided it would be better to allocate one member from other advisory boards. Mayor Rodriguez maintained limiting the Commission to current advisory board members could eliminate members of the community with expertise in the arena of special event planning. Other cities have outlined special skill sets to assist. Mayor Rodriguez asked the Commission to not limit the board members to be from existing advisory boards. Vice Mayor Orlove agreed. He was concerned about creating another advisory board. Staff had researched and found examples of what other cities had done, and particularly the example of Ogden City, Utah. Their committee created a mission statement, goals and a report. He favored moving more in that direction and asked staff to look at the Ogden City, Utah example of a Special Events Advisory Committee. Mayor Rodriguez added West Palm Beach had a Special Events Advisory Committee with some specific skill sets for the organization and qualifications of the members including 16 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 representatives of neighborhood associations, local businesses and community based organizations who could contribute to the continued growth and excellence of the City's special events and offer expertise in marketing, accounting and fund raising. Mayor Rodriguez supported Vice Mayor Orlove's recommendation. Commissioner Ross liked the two templates. There was agreement an ad hoc committee would be sufficient. Motion Vice Mayor Orlove moved to direct staff to create an ad hoc committee on special events, taking into consideration ordinances by the City of West Palm Beach and Ogden City, Utah. Commissioner Holzman seconded the motion. Vice Mayor Orlove questioned if the board liaison had been considered or designated. Ms. LaVerriere replied it had not, but Ms. Biscuiti from the Community Redevelopment Agency had been considered. Vice Mayor Orlove recalled there was concern Ms. Biscuiti may not be the appropriate person, especially during the season and running many events. Mayor Rodriguez indicated West Palm Beach included a City Commissioner as the liaison. One meeting a month may not impact Ms. Biscuiti too much and it may help her. The motion passed. B. Accept staff report regarding transparency in City Government and the "Open Wellington" webpage. Commissioner Hay had the item added to the agenda. Staff had prepared a report. Carisse LeJeune, Assistant to the City Manager, reported staff had reviewed the Wellington web site. Their web pages included links to search engines to find financial reports and research documents. The City of Boynton Beach had been doing the same type of links since 1997. The City could do a better job by making the web page more user-friendly. A revamp of the web page has been underway and should be ready in June of this year. The goal was to make it more attractive and a marketing tool for the City of Boynton Beach. Vice Mayor Orlove commented the Village of Wellington web page was more attractive with a nice clean, crisp display. The City needed to package the information that had been available for years a little differently. Transparency and being more user-friendly were the goal. Commissioner Ross inquired if there would be an issue of cost. Ms. LeJeune was confident staff could create a very similar type web page without additional software expense. Wayne Segal, Public Affairs Director, confirmed the new web page would have revolving banners and many other capabilities. 12. NEW BUSINESS NONE 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 13. LEGAL A. (1) Accept a payment from PBS&J in the amount of $39,897.86 as the final settlement of design-related issues causing excess construction costs incurred on the SE Federal Highway / SE 4TH Street Water Main and Drainage Improvements projects and (2) Approve City payment of the final invoice for $15,781.00 from PBS&J to close out Task Order No. U04-16-2 approved by the City Commission on February 17, 2004 Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. The motion passed. B. Charter Review Committee Appointment -TABLED ON 3/15/11 Motion Commissioner Holzman moved to remove from the table. Commissioner Ross seconded the motion. The motion passed. There was consensus to make the appointments at this time. Commissioner Hay appointed Brian Edwards. Commissioner Holzman appointed James Brake Mayor Rodriguez appointed Arthur D'Laruge Commissioner Orlove appointed David Katz Commissioner Ross appointed Jeannie Taylor Motion Commissioner Holzman moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed. There was consensus that the Commission members would be able to appoint a replacement if there was a conflict. C. PROPOSED ORDINANCE NO. 11-013 - SECOND 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. 18 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Attorney Ezrol read Proposed Ordinance No. 11-013 by title only on second reading. Motion Vice Mayor Orlove moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. D. PROPOSED ORDINANCE NO. 11-014 - SECOND READING - Approve the staff initiated creation of a City of Boynton Beach Green Building Program Ordinance. Attorney Ezrol read Proposed Ordinance No. 11-014 by title only on second reading. Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. Mayor Rodriguez opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. E. PROPOSED ORDINANCE NO. 11-015 - SECOND 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 Ezrol read Proposed Ordinance No. 11-015 by title only on second reading. Sharyn Goebelt, Director of Human Resources, reported there was a cross-functional task force that met and reviewed all City policies. The revision updates the policies and provides additional flexibility to management. Mayor Rodriguez asked for the top five critical changes that were made. Ms. Goebelt responded the Code of Ethics was added, flexibility to management to implement furlough hours with Commission approval, designate holidays as unpaid, address the economic climate and budget crisis, delete longevity pay, eliminated arbitration for disciplinary actions and provide more flexibility to management for layoffs by deleting 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 27,2011 language to allow managers to make decisions on layoffs not based on strict guidelines such as in collective bargain agreements. Motion Commissioner Holzman moved to approve. Commissioner Hay seconded the motion. Mayor Rodriguez opened the issue for public hearing. Mike Osborne, 3712 Coelebs Avenue, brought his concerns to the Commission concerning the furlough hours. The proposed language allows furloughs but gives the City Manager authority to exempt certain employees. It was contrary to last year's discussion. Another issue was severance pay that would be taken away from employees covered by the Personnel Policy Manual (PPM) but not those employees with contracts. The next issue was the layoff language that took seniority out of the layoff procedures. He understood it was a tactic to get rid of sub-par employees or problem employees that should be covered in the disciplinary and evaluation procedures. If the PPM changes are adopted, the layoff language would encourage the layoff of top paid employees. It is a fiscal problem. There could be more legal complications if law suits are filed. Mr. Osborne asserted he was a dedicated employee of many years. Many of his fellow employees had worked so the City had no issues during storms and disasters. He felt the long-time employees who worked under the PPM should have the same respect that is shown to the citizens. Mr. Osborne urged the Commission to review the PPM closely before it is approved. No one else came forward. Mayor Rodriguez confirmed the furloughs could not be done without Commission approval and Ms. Goebelt agreed. It did give the City Manager the ability to exempt employees based on concurrence with the Commission. The intent of the policy was an opportunity to furlough, but it would have to be discussed and approved by the Commission. Commissioner Holzman did not understand why the option was even given if it had to be approved by the Commission anyway. Ms. Goebelt indicated Attorney Cherof had reviewed and approved the language. Other cities also had similar language. According to the language, it would appear the City Manager would be given the authority to exempt certain employees. Commissioners Holzman and Ross were not in favor of the exemption. Vice Mayor Orlove cautioned the entire language had to be considered that restricted the authority to certain conditions. Ms. Goebelt referenced Declarations of Emergency would be an example that exemptions would be allowed. Mayor Rodriguez suggested the matter be tabled until Attorney Cherof and the City Manager were present. For clarification, Ms. Goebelt indicated the severance language had not been changed. 20 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 Motion Commissioner Holzman moved to table to the next meeting. Commissioner Ross seconded the motion. The motion passed. 14. FUTURE AGENDA ITEMS A. Report and recommendation on Old High School Feasibility Study by REG Architects and Staff - 5/3/11 B. Bids for replacement of Intracoastal Sanitary Sewer Force Main - 5/03/11 C. Follow-up on salaries and expense accounts for City Commissioners - 5/3/11. D. Naming opportunities for the Congress Avenue Barrier Free Park - 5/3/11 E. Discussion regarding Economic Development, incentives and allocation of funding for the City of Boynton Beach - 5/17/11 F. Staff report in response to Code of Ordinance restrictions for vehicle size in residential districts - 5/17/11 G. Follow-up on Downtown Redevelopment Workshop - 5/17/11. H. Discussion of a proposed committee to be assigned to explore a Green Market for the City of Boynton Beach in 2011 - TBD I. Continued discussion on development of Dog Park - 7/19/11 15. ADJOURNMENT There being no further matters to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 9:02 p.m. (Continued on next page) 21 Meeting Minutes Regular City Commission Boynton Beach, FL April 27, 2011 ATIEST: Ja t M. Prainito, MMC Ity Clerk CITY OF BOYNTON BEACH ~ 'Steven Holzm mmlSSIO r -~Ld-- Marlene Ross, CommfSsioner 22