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Minutes 02-07-12 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 7, 2012, at 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: William Orlove, Vice Mayor Lori LaVerriere, Interim City Manager Woodrow L. Hay, Commissioner James Cherof, City Attorney Steven Holzman, Commissioner Janet Prainito, City Clerk Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Vice Mayor William Orlove Vice Mayor Orlove called the meeting to order at 5:47 p.m. (Commissioner Ross was not present.) Closed -door session to be held at 5:45 p.m. , February 7, 2012, regarding Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased, Plaintiff v. Comcast IP Phone, LLC; Deltacom, Inc.; City of Boynton Beach and Palm Beach County, Case No. 502010CA026764XXXXMB, in the Circuit Court of the 15 Judicial Circuit in and for Palm Beach County, Florida. Attorney Cherof explained there would be a closed -door session for approximately one - half hour. In attendance would be the members of the Commission, Interim City Manager, City Attorney and special counsel to the City, Mike Burke. Vice Mayor Orlove noted the closed -door session had been properly noticed at the last meeting. Motion Commissioner Hay moved to move into executive session. Commissioner Holzman seconded the motion. Vote The motion passed. 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 The meeting recessed at 5:47 p.m. The Commission returned to the dais at 6:17 p.m. At 6:30 p.m. Vice Mayor Orlove called the meeting to order. (Commissioner Ross was present) B. Invocation by Rabbi Michael C. Simon of Temple Beth Kodesh C Pledge of Allegiance to the Flag led by Vice Mayor Orlove Rabbi Simon gave the invocation and Vice Mayor Orlove led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Hay pulled Item 6.E and wanted to add an item under New Business as 12.A to discuss an official delegate to be sent on the Les Cayes, Haiti, Sister Cities trip. Commissioner Holzman pulled Item 6.0 and Commissioner Ross and Vice Mayor Orlove wanted to discuss the same item. Vice Mayor Orlove pulled Item 6.1. 2. Adoption Motion Commissioner Hay moved to approve. Commissioner Ross seconded the motion. Vote The motion carried. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross had attended the Chamber of Commerce annual dinner dance. She congratulated Glenn Jergensen on the event and wished him the best in his new career path. Commissioner Ross had attended the Temple Beth Kodesh Four Chaplains ceremony as well. Both she and US Congressman Alan West spoke at the event. Commissioner Hay commented the Chamber dinner dance was an elegant affair and he wished Glenn Jergensen the best of luck 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Vice Mayor Orlove announced the Commission and Interim City Manager had attended the opening of the Barrier Free Park. He commended all those who had supported and raised money for the Park and emphasized it would accommodate anyone and everyone to enjoy a park facility. Vice Mayor Orlove thanked Wally Majors, Lori LaVerriere and Jeff Livergood for their efforts toward the improvement of Oceanfront Park. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present Citation to Temple Beth Kodesh in celebration of their 36th anniversary serving the Boynton Beach Community. Accepting the citation is Rabbi Michael Simon who has been leading the Beth Kodesh Congregation since 2005. Vice Mayor Orlove read the Citation commemorating the 36 anniversary of Temple Beth Kodesh in Boynton Beach to be celebrated February 10 through February 12 Past Presidents would be honored. Mrs. Linda Cooper, President of Temple Beth Kodesh, thanked the City of Boynton Beach for their support. Temple Beth Kodesh has provided religious, educational and social services for the community. B. Announcement of Sunday Funday on Sunday, February 12, 2012. C. Announcement of the Ocean Avenue Concert for February 17, 2012 D. Announcement of the Heritage Celebration for February 18, 2012 E. Announcement of the Downtown Open Market on Sunday, February 26, 2012. F. Announcement of the Movies of the Ave film for March 2, 2012 Kathy Biscuiti, Special Events Director, announced five events. The first activity would be Sunday Funday on February 12, 2012 that would include police demonstrations and fire department equipment, a giant slide and a band playing island music. The Ocean Avenue concert would be on February 17 featuring a Rhythm & Blues band from 6 p.m. to 9 p.m. On February 18 as part of the Heritage Celebration, from 11 a.m. to 4 p.m., there would be 11 community groups performing, CP +3 Band, a rock wall, bounce house, trackless train, face painters, craft center and ethnic food trucks. The last Downtown Open Market would be held on Ocean Avenue at the Civic Center, on February 26 from 11 a.m. to 4 p.m. and a shuttle would provide transportation from the Civic Center to the Arts District event with gourmet food trucks at both sites. The 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 movie, Moneyball would be featured on March 2 at the amphitheater from 7 p.m. to 9 p.m. with the food trucks onsite. All of the events were free. 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) Charles Kanter, President of Parkside Homeowners Association, contended the Commission should not have allowed the EWE Group to convert park lands for 200 parking spaces and operating 24 hours a day. Mr. Kanter claimed the residents of his community had not been notified of the change and he asked the Commission to reconsider their decision. The residents wanted the park to remain undeveloped until a proper park could be built and did not want the additional traffic a parking lot would generate. Floyd Zonenstein, 2620 NE 1 Court, President of Village Royale on the Green, had received complaints about traffic on Gateway Boulevard between Federal Highway and Seacrest that blocks the entrance and exit from the community. He hoped the City could resolve the issue. Vice Mayor Orlove directed Mr. Zonenstein to discuss his concerns with Jeff Livergood, Director of Public Works and Engineering. Michael Kane, 309 SW 8 Avenue, spoke on behalf of the Forest Park Neighborhood Association. He read a letter he had previously sent to the Commission and County Commissioner Priscilla Taylor relating the history of the Association and the various projects that have been undertaken to improve their neighborhood. He pointed out there was a discrepancy in the beautification of the Seacrest Boulevard corridor and the blighted section between Boynton Beach Boulevard and Woolbright Road needed improvements as soon as possible. Partnerships with governmental agencies and the citizens of the Forest Park neighborhood could work together to eliminate existing Code violations and improve general property maintenance along the area. Victor Norfus, 261 N. Palm Drive, represented the Heart of Boynton Neighborhood Association and invited everyone to the Heritage Celebration that would highlight the new amphitheater, cultural groups and the ethnicity of the residents. It would be a celebration of unity with all types of music, dancing and the Boynton Beach High School Cheerleaders. Dr. Piotr Blass, 113 W. Tara Lakes Drive, stressed many good things happen in the City of Boynton Beach and the past and current elected officials should take pride in their efforts. Dr. Blass's dream was to see the Old High School become the University of Boynton Beach. It would assist in raising property values. Dr. Blass was willing to serve in any capacity with or without pay. 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Brian Merriman, 22 Dogwood Circle, indicated visual and crime were two of the biggest aspects of Boynton Beach. Improved landscaping and lighting would be helpful along the main entrances to the City. There was a significant amount of police activity in his neighborhood and more lighting was needed to improve security and reduce crime in his development. Reducing crime and beautification of the streets would encourage more people to move to the area. Lori Wilkinson, 2458 SW Cranbrook Drive, Secretary of the Greater Boynton Beach Foundation, thanked the Commission for coming out and supporting the opening of the Barrier Free Park. She had been involved in the project for over eight years and was glad to see the vision some to fruition. Clarence Shahid Freeman, 7928 Piper Lane, Lake Worth, a Civil Rights Activist and President of the Democratic Club, had toured the City of Boynton Beach and spoke to many of the residents who related their concerns with the Police Department. Mr. Freeman discussed those concerns with various City officials and staff who agreed to address the issues. He was disappointed in the recent political events that had occurred in the City. Herb Suss, 1711 Woodfern Drive, wanted confirmation that the Police Department lobby was only open to the public on Wednesdays for a few hours. He understood there have been budget cuts, but access to the Police Department was a major safety concern. Mr. Suss complimented every department for taking the necessary budget cuts, but employee morale was very low. Vice Mayor Orlove suggested Mr. Suss discuss his concerns with the Police Chief. Edward Tedtmann, 869 NW 8 Avenue, complained there was not enough data in the agenda to make the public aware of the issues being discussed. Vice Mayor Orlove advised the agenda and all backup materials were available online. Ms. Prainito clarified there are hyperlinks to the backup materials for each item. Jack McVey, 1729 Banyan Creek Court, defended the City of Boynton Beach with its low crime rate, great parks, skilled fire fighters, champion athletic programs that the residents should be proud of and unite to support the City. Mr. McVey expressed appreciation for the work of the Commission. No one else coming forward, Vice Mayor Orlove closed the public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Motion Commissioner Ross moved to appoint Roger Cope as a regular member of the Historic Resources Preservation Board. Commissioner Holzman seconded the motion. Vice Mayor Orlove confirmed that Mr. Cope met the necessary criteria to sit on the Board and Ms. Prainito confirmed. Vote The motion carried unanimously. Motion Commissioner Hay moved to table his alternate appointment on the Library Board. Commissioner Holzman seconded the motion. Vote The motion carried unanimously. Motion Vice Mayor Orlove moved to appoint Bernice Begleiter as a regular member of the Library Board. Commissioner Hay seconded the motion. Vote The motion carried unanimously. Motion Commissioner Ross moved to table all other appointments. Commissioner Hay seconded the motion. Vote The motion carried unanimously. B. Process for filling a Mayoral vacancy Vice Mayor Orlove opened the issue for discussion by the Commission relating to the memorandum submitted by Attorney Cherof. 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Commissioner Holzman proffered the Commission should decide quickly how to move forward and discuss each of the applications that have been received and make a decision or allow the Commission to continue with only four members. Commissioner Hay suggested the first step should be to declare a temporary vacancy and then move forward. There were several options available. Vice Mayor Orlove concurred. Motion Commissioner Holzman moved to declare there was a vacancy on the Board. Commissioner Ross seconded the motion. Vice Mayor Orlove opened the issue of the vacancy for public comment. Commissioner Hay emphasized it was a temporary vacancy. Jose Rodriguez could be acquitted and retain his position as Mayor. Attorney Cherof confirmed the statement was correct and the temporary vacancy was defined by State Statute and the effect of the Governor to suspend the Mayor. The motion would Zink the State Statute provision to the City's Charter provisions. Dr. Piotr Blass, 113 W. Tara Lakes Drive, suggested proceeding with Vice Mayor Orlove as the temporary Mayor. In deference to due process, he recommended the temporary vacancy not be declared. Vote The motion carried unanimously. Vice Mayor Orlove reviewed the options as outlined by Attorney Cherof. Commissioner Ross questioned the position of Commissioner Holzman. He clarified the Commission should discuss those who have already applied, determine whether they are appropriate for the position and allow anyone else to submit their name for consideration and make a decision on those individuals. Commissioner Hay stressed he did not want to have a special election due to the expense and the Commission has a duty, according to the Charter, to act quickly to fill the vacancy. He would not favor any process that would delay a decision. It would be best to have a full board as soon as possible to address any pending developments within the City to restore stability and demonstrate a unified front. Vice Mayor Orlove opined the Commission had to decide how to interpret the Charter and how to move forward. Attorney Cherof advised that the Commission needs to 7 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 interpret the Charter that Section 20, that applies to vacancies on the Commission, would also apply to the vacancy in the office of the Mayor with a motion to that effect. Motion Commissioner Hay moved to accept the City Attorney's interpretation. Commissioner Holzman seconded the motion. Commissioner Holzman wanted to be assured there was an option if none of the individuals were acceptable the four current Commissioners could move forward. Attorney Cherof noted the Charter indicates the Commission's duty is to fill the vacancy within two meetings following the declaration. If the Commission is unable to find a replacement, there is no alternative for an election according to Attorney Cherof's interpretation. The remaining four Commissioners would continue to serve until the appointment issue can be resolved. Vote The motion carried unanimously. The next issue would be how to proceed to fill the vacancy. Vice Mayor Orlove offered perhaps one of the remaining Commissioners would be best to fill the temporary vacancy. It would then create an open seat for one of the Districts that would have to be filled. Another option would be to look at those who have applied or are interested. Commissioner Holzman suggested the Commission should review the list of interested individuals and determine if they are nominated or not nominated. Commissioner Hay wanted to alter the normal procedure and take public comment before any decision would be made Vice Mayor Orlove concurred. Motion Commissioner Holzman moved to run down the list of applicants to proceed with trying to fill the vacancy. Commissioner Ross questioned the impact of a 2/2 vote. Attorney Cherof reiterated the Charter suggests the Commission has a duty to fill the vacancy within two meetings. Motion Commissioner Hay moved to change the order of the day to allow for public comment prior to Commission discussion on a future motion. Vice Mayor Orlove passed the gavel to Commissioner Ross and seconded the motion. 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Commissioner Holzman opined it would be best to set the procedure and then the motion. Any one could put their name in the hat. Vote The motion passed unanimously. Vice Mayor Orlove opened the issue for public comment and set the time limit at two minutes due to the number of individuals wanting to speak. Attorney Cherof reminded the audience of the Rules of Decorum, as posted outside Chambers. It is a business meeting and he advised there should be no cheering or clapping as it interrupts the flow of the speakers. Sunny Garcia, 1631 NW 3 Lane, supported Jerry Taylor as the temporary Mayor because of his proven track record in City government and his honesty, trustworthiness, understanding, loyalty, sincerity and ability to be a leader. Vinola Rada, 718 SW 3rd Avenue, understood Section 20 of the Charter, that Vice Mayor Orlove could fill in as Mayor and then select a Commissioner from that District that is honest. The next speaker came forward and distributed a copy of an email to all those on the dais. Vice Mayor Orlove advised the speaker if she was speaking about the handout it was not appropriate discussion at this time and asked her to step away from the podium. Vice Mayor Orlove reiterated the matter intended to be discussed was not the issue being considered and again asked the speaker to leave the podium. Steven Anton, 234 SE 2 Avenue, offered that whoever came in second in the election should be appointed to the vacant position. It would eliminate the current issue if a change in the Charter was made. It would place who was selected by the voters in the vacancy. Lori Wilkinson, 2458 SW Cranbrook Drive, commented there was value in having consensus and keeping negative marks away from the City. There needs to be a cohesive group of five to build consensus. According to the Charter, the person to take the seat would be the person holding the title of Vice Mayor. If not, the other candidate, Brian Edwards, who is in Tallahassee, and lost by a very small margin, would be ready, willing and able to take the seat. She urged the Commission to appoint Brian Edwards to fill the position. Charles Muniz, 2358 S. Ocean Boulevard in Highland Beach, attempted to discuss other issues and Vice Mayor Orlove admonished him his remarks were outside the venue before the Commission. Mr. Muniz claimed there was a right to due process and the Governor should be told there is claim of malfeasance in the Police Department and that should be the focus rather than making an appointment. He urged the Commission 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 to not rush into a decision and four people should not make a decision for an entire town. Vice Mayor Orlove repeated this was not an event, circus or show. Handclapping was not acceptable. The issue is there is a temporary vacancy on the Board and does not mean the Mayor, who has been suspended by the Governor, cannot return to the Board. The point is there is a vacancy that the Charter requires be filled within two meetings. If not filled, a special election would be needed. There has been consensus to move forward and fill the temporary position. Commissioner Ross stressed it would be a temporary position. Attorney Cherof opined an election is not an option for the Commission. Jerry Taylor, 1086 SW 26 Avenue, would accept the temporary appointment because he would not be a candidate for Mayor in 2013. It is important to not give anyone an edge of incumbency. Mr. Taylor had ten years experience on the dais and there would be no lag since he had attended every City Commission and Community Redevelopment Agency (CRA) Board meeting since leaving office. His only purpose would be to continue to create an environment in which everyone on the Commission and employees of the City could excel. Ron Washam, 127 S. Atlantic Drive West, contended the Commission should take time and not make a hasty decision. Any decision would be scrutinized and judged. Politics is perception and rushing to a decision would dishonor the Commission and the people on the list that should be considered and take away the time to let the citizens help make the decision. Get community input and do not make the decision in haste. Dr. Piotr Blass, 113 West Tara Lakes Drive, wanted to be a candidate for this position. He had run for the position before and would run again in 2013. Dr. Blass indicated he had a Phd. and was a college professor at Harvard and wanted to make the City into a university town. He would work without salary and offered to serve the City. Jude Avril, 100 Via Lugano, spoke on behalf of the Haitian Community Council, and urged the Commission to not make a hasty decision. The City would not stop working if a replacement was not found immediately. Victor Norfus, 261 N. Palm Drive, felt the best option was to have either the Vice Mayor step in or one of the other City Commissioners to fill the temporary position. It also affects the Community Redevelopment Agency and the candidate would have to be knowledgeable in that area as well. The appointment of a private individual would skew any future election results. The perception of favoring one individual would not be appropriate. Clarence Shahid Freeman, 7920 Pipe Lane, Lake Worth, commented any time the citizens are taken out of the process justice did not prevail There appeared to be a 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 conspiracy and some may regret their actions. The citizens should know the real truth. He wanted to meet with the City Manager and Vice Mayor as soon as possible. James Brake, 710 SW 27 Terrace, offered his name not only as Mayor, but also a Commissioner if needed. He understood it was a temporary position. Mark Karageorge, 240A Main Boulevard, wanted the Commission to give the decision considerable thought and make the decision as soon as possible. It needs to be someone that does not intend to run in the future and does not have a learning curve so the City can move forward. The focus should be on all the citizens. Alan Hendricks, 122 SE 4 Avenue, thought it would be advisable to have someone already on the Commission sit in the Mayor's seat and then fill the District seat. No one else coming forward, Vice Mayor Orlove closed public comment. Commissioner Holzman repeated his previous suggestion and added two more applicants on the list to be reviewed one -by -one. Commissioner Hay supported looking at the candidates now. He called attention to the fact the Commission had a duty to make the decision as soon as possible. Commissioner Ross concurred with Commissioner Hay's remarks. She did emphasize a decision did not have to be made immediately. Vice Mayor Orlove appreciated everyone's comments and agreed the Commission had the ability to make the decision. He pointed out all four of the Commissioners were duly elected and would not need a learning curve and know the issues facing the City for several years. There is a need to have a solidified board with five people on the dais. There is the ability among one of the Commissioners to fill the temporary position that is now vacant. Commissioner Hay reviewed the possible scenarios if a Commissioner was appointed the Mayor. Attorney Cherof advised upon a return of the Mayor, the appointed Commissioner would go down to his or her original position to finish the term. If a Commissioner is appointed Mayor and the Commission was not prepared to appoint a replacement to the vacant District seat, the vacancy would be announced and qualified individuals could apply and the appointment made at the next meeting. Motion Commissioner Hay moved to appoint the acting Mayor, the Vice Mayor of the City of Boynton Beach, Bill Orlove to become the temporary acting Mayor of the City of Boynton Beach. The motion died for lack of a second. 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Commissioner Ross asked if the correct title would be Interim Mayor and Attorney Cherof replied it would be Temporary Mayor. She noted Vice Mayor Orlove and Commissioner Holzman's terms would expire in one year and she had no problem with either being the Interim Mayor. They may want to run for Mayor in the future. She was comfortable with appointing either Commissioner. Commissioner Ross also pointed out she and Commissioner Hay were the senior Commissioners and any one could be appointed as Mayor. Motion Vice Mayor Orlove moved to elevate Commissioner Hay to acting temporary Mayor and passed the gavel to Commissioner Ross. Commissioner Hay seconded the motion. Vice Mayor Orlove commented he appreciated Commissioner Ross's remarks and Commissioner Hay's seniority and retired status makes him better able to serve the City. The opening in his District could then be dealt with at the next meeting. Commissioner Ross opened the meeting for public comment. Susan Horne, 1 Colonial Club Drive, thought Commissioner Hay would be a wonderful temporary Mayor. He was an excellent role model who loves the City. Dr. Piotr Blass, 113 Tara Lakes Drive, would be delighted with Commissioner Hay as temporary Mayor. Brian Merriman, 22 Dogwood Circle, commented the second person in the chain of command, whether in politics or sports, usually takes over. Commissioner Ross pointed out the difference is the position is only temporary and Vice Mayor Orlove will continue in that role until April and then Commissioner Holzman would be next in line to be Vice Mayor. The position of Vice Mayor rotates throughout the members. Donjohn Luzincourt, 625 SW 2 Avenue, a member of the Haitian Council, felt it was a sad moment for the City. He wanted to know if the temporary Mayor could then run for Mayor in the next election. Commissioner Ross explained both she and Commissioner Hay had two years left on their term and were then term limited. He did support Commissioner Hay as the temporary Mayor and would be happy to take the Commissioner seat. Victor Norfus, 261 N. Palm Drive, indicated Commissioner Hay had been Vice Mayor and had the appropriate temperance and hoped everyone could come together and support the nomination. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Ron Washam, 137 S. Atlantic Drive West, commented the elevation of Commissioner Hay to temporary Mayor would be the best rash decision the Commissioners had ever made. Every decision Commissioner Hay has made was for the betterment of the community. Speaking for Brian Edwards too, they endorsed the decision. Buck Buchanan, 807 Ocean Inlet Drive, supported Commissioner Hay for the temporary Mayor position. To avoid giving anyone an unfair advantage at election time, the appointment should be either Commissioner Ross or Commissioner Hay and hoped a unanimous vote would be obtained. Floyd Zonenstein, 2620 NE 1st Court, also recommended Commissioner Hay as the next Mayor. He helps his District and the entire community. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, contended all the Commission and Mr. Taylor were well qualified and cared about the City and the constituents. As a real estate broker, it was important to get the appointment made and become unified. Herb Suss, 1711 Woodfern Drive, cautioned the appointment was only temporary and everyone should get their day in Court. Charles Muniz, 2358 S. Ocean Boulevard in Highland Beach, admonished a restraining order could be gotten to undo the appointments. There seems to be many questions without answers. A federal lawsuit could be filed to defend a man's civil rights that would cost the City a great deal of money. The process undertaken had assumed guilt rather than innocence. Commissioner Ross advised the two- minute limitation had expired. She went on record, "that probably no one else up here, more than me and maybe the other Commissioners, I definitely, on the record, Mr. Rodriguez, he is temporarily suspended and innocent until proven guilty, absolutely. I have never said anything otherwise and we are doing, is something we are required to do to fill a temporary vacancy. We are in no way saying, Jose Rodriguez, we definitely don't want you to return. I definitely am not saying that at all. I am not at all saying that. I can tell you, up here, I am probably much more concerned or as concerned as any citizen in here, including yourself, about civil rights. You can be assured of that. Sincerely, I want to go on record with that." Hal Taback, 2520 NE 1 Court, remarked the people of District 2 would be "tickled pink" that Commissioner Hay would be temporary Mayor. The decision was made by the Governor and the Charter requires temporary action be taken. No one else coming forward, Commissioner Ross closed public audience. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 The gavel was passed to temporary Mayor Hay to continue with the meeting. Commissioner Holzman congratulated Mayor Hay on his appointment and was confident the Commission would proceed to appoint a new Commissioner for District II. Commissioner Holzman contended the entire process revealed the City lacks strong leadership from the internal staff. Motion Based on all the events that had occurred Commissioner Holzman offered a motion of no confidence in the current Interim City Manager. Commissioner Ross seconded the motion. Vice Mayor Orlove felt the motion was not appropriate at this time. Ms. LaVerriere had served the community admirably and should be afforded the same rights as all the individuals involved. It is a grave situation brought upon the community and individuals. The Commission should think clearly about moving forward. The motion would not do any service to the community or to the hardworking staff. Vice Mayor Orlove was strongly opposed to the motion. Commissioner Ross explained she had to be very objective regarding the issue and in her opinion it was very difficult to work with the Interim City Manager, Police Chief and ex -Mayor under the circumstances. She had had an excellent working relationship with Ms. LaVerriere in the past and it was now very difficult. Mayor Hay emphasized everyone is innocent until proven guilty. It will all work itself out in time and he could not support the motion. Mayor Hay opened the issue for public comment. Ron Washam, 127 S. Atlantic Drive West, could not believe the development and contended it was a shameless act to keep the City in disarray and very poor timing. Victor Norfus, 261 N. Palm Drive, did not believe a vote of no confidence would help the City in any way. He was thankful the new Mayor was not vindictive and was open and fair. If there are issues within the City, they should be made clear rather than a no confidence vote. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, offered the motion was non - productive and would not encourage people or businesses to come to the area. The City has to heal in all areas and ride on the professional road to display a unified front to entice people to the area. 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Yavida Larrig, 105 Las Brisas Circle, Hypoluxo, is the Coordinator for the Choice Program for the Career Academies in West Palm Beach School District, and Director of the Palm Beach Christian Educators International Association and a Member of the Puerto Rican and Hispanic Chamber. She was impressed with the passion the Mayor had for the City of Boynton Beach. Mayor Hay advised the subject that was being discussed was not related to the ex- Mayor. Mildred Hay, 427 NW 5 Avenue, congratulated Mayor Hay. She opined Ms. LaVerriere had shown fairness, integrity, professionalism and the courage to stand up for what was right, while jeopardizing her job. No one should be abused on the job. Mrs. Hay surmised there had been conversations prior to the meeting and she stressed such conduct should be discontinued to comply with the Sunshine Law. Commissioner Ross interjected she resented the comment and Commissioner Holzman demanded an apology. Mayor Hay called for order and indicated healing was needed. There needed to be compassion and respect for each other. Everyone has the opportunity to speak their peace and the Commission should listen and act accordingly. Herb Suss, 1711 Woodfern Drive, found it difficult to believe what had transpired. He supported Ms. LaVerriere and the Police Chief for their strength and willingness to come forward and they had the utmost integrity. Mr. Suss no longer had confidence in Commissioners Holzman and Ross who made the motion. Mark Karageorge, 240A Main Boulevard, contended that individuals should be judged on merit and Ms. LaVerriere had saved the City money, brought innovation to departments and had the respect of the department heads and business community. Accusations should not be made. All the departments were doing their best to serve the citizens and Ms. LaVerriere instilled that concept in the staff. He totally supported Ms. LaVerriere. Beverly Agee, 832 SW 33 Place, questioned why the Commission or City should intervene in the Court system and process. She admonished there could be retaliation if the Interim City Manager was not retained. She did not feel the no confidence position should be upheld. Jerry Taylor, 1086 SW 26 Avenue, congratulated Mayor Hay. Based on his experience of evaluating management personnel in the military, he worked with Ms. LaVerriere and would rank her as an excellent manager. He commended her on her professional courage and how she has handled the recent events. Wayne Segal, 1719 Arezzo Circle, commented Ms. LaVerriere was a woman of integrity. He had worked with her on a daily basis for several years. She works very hard on behalf of the City 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Linda Stabile, 3811 Wall Street, Delray Beach, felt it was unfair to fault any Commissioners for speaking their minds. The Commissioners have a right to express their opinion as well as the citizens. She urged everyone to keep an open mind. Jude Avril, 100 Via Lugano, indicated everyone had a right to express themselves. He appreciated Mayor Hay was more mature and would take the time to consider all issues to make good decisions for the City. He wanted the City to continue to move forward and get over past problems. Buck Buchanan, 807 Ocean Inlet Drive, advised it was important to maintain emotional neutrality when involved in criminal investigations and let the Courts handle the cases. In his opinion, Ms. LaVerriere had done an excellent job as Interim City Manager and the motion for no confidence was based on emotions instead of performance. Mr. Buchanan cautioned everyone to be patient, view things objectively and restrain their comments and analysis. Steven Anton, 234 SE 2 Avenue, commented the Commissioners compete against each other, but are on the same team. He urged the Commission to come together and restore respect for each other and the City. Floyd Zonenstein, 2620 NE 1st Court, mentioned the people that were telling the truth were being punished and no one should be discouraged from being truthful. No one else coming forward, Mayor Hay closed public comments. Vote The motion failed 2 -2 (Mayor Hay and Vice Mayor Orlove dissenting). Vice Mayor Orlove wanted to continue with determining who would fill the vacant seat for District II. Motion Vice Mayor Orlove moved that for the next meeting the Clerk accept applications and nominations for the vacancy in District II. Commissioner Ross seconded the motion. Vote The motion passed. Mayor Hay declared a five minute break at 8:52 p.m. Mayor Hay reconvened the meeting at 9 :10 p.m. 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Mayor Hay announced there had been gun shots outside and no one was permitted in or out of the building until further notification. Vice Mayor Orlove requested to clarify his previous motion that candidates could apply for the temporary vacancy that now resides in District II. His intention was to discuss filling the temporary seat at the next meeting There was consensus on the motion as clarified by Vice Mayor Orlove. 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 final release of a Surety in the form of a $29,900 Performance Bond provided by the contractor, Fast Dry Courts, Inc. for a project known as Court Resurfacing at the City's Tennis Center. B. Approve the final release of a Surety in the form of a $51,669 Performance Bond provided by the contractor, Haverland Blackrock Corp., for a project known as Replacement of Grass at Little League Park. C. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation for the 3rd and 4th quarter 2011 Commissioner Holzman supported the initiative and wanted to discuss the possibility of moving a couple of the stations from the suggested locations to the Barrier Free Park. It would be a great addition to the Park. His idea was to move one from the City Hall location and one from the beach and put the stations at the Park that would be a big draw to the City. Vice Mayor Orlove agreed with Commissioner Holzman's suggestion. He also wanted an update on the solar panels installed at Fire Station #5. Carisse LeJeune, Interim Assistant City Manager, reported the solar system at Fire Station #5 was complete except for a final inspection. The public monitoring through the web site of the energy produced and associated savings was under construction too. Commissioner Ross inquired if Ms. LeJeune would be reporting on the progress of the County Compact Task Force efforts. Ms. LeJeune replied staff was compiling the comments to the 102 strategies for the four County Climate Action Compact for a more 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 regional outlook. It was anticipated to bring the response to the Commission at the next meeting for review and endorsement. Motion Commissioner Holzman moved to approve Item 6.0 with the change that two stations are placed at the Barrier Free Parking lot, taking one from the beach and one from the City Hall parking lot. Vice Mayor Orlove seconded the motion for discussion. Vice Mayor Orlove sought a specific list of locations based on the motion. Ms. LeJeune explained the electric vehicle charging stations were made available through the Energy Block Grant that came in under budget on three projects. The Department of Energy gave permission to use the funding for electrical vehicle charging stations throughout the City. It responds to the transportation plan and President Obama's blueprint for energy and helps to connect a north -to -south electric vehicle charging station network going through Palm Beach County. The proposal was for two charging stations at the Library, two at the beach and one at the City Hall parking garage. Vice Mayor Orlove questioned if people would have to go to the beach and pay to get in to charge their vehicle, unless they had a beach decal. It could prohibit some use. Vice Mayor Orlove suggested amending the motion to have staff return with a plan to show where the charging stations would be throughout the City in places that are free and available to all the public. Ms. LeJeune advised the funds had to be obligated by January 19 and funds spent by March 16 Quotes have been received for the required electrical work. Andrew Mack, Interim Building Official and Engineer, indicated the electrical source would have to be located and accessible at the new locations. The locations were chosen based on the time needed to recharge a vehicle. They are not rapid charging stations. The beach and Library were chosen because people visiting those locations would have several hours to complete the charge. The garage at City Hall was chosen as a location to encourage staff to purchase electric cars. Ms. LeJeune agreed to bring back additional options to the Commission at the February 21s meeting. She did feel a waiver of the fee at the beach could be done for those wishing to charge. Commissioner Holzman clarified the amended motion would be for them to come back. Motion Vice Mayor Orlove added the motion would be to approve the report, but come back with suggestions for the charging stations for the electric vehicles. Commissioner Holzman seconded the motion. 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Vote The motion passed unanimously. D. Approve the minutes from the City Commission regular meeting held on January 17, 2012 E. Approve the minutes from the Joint City Commission /Community Redevelopment Agency Board Workshop held on November 19, 2011 and the regular City Commission meeting held on January 3, 2012 (TABLED ON JANUARY 17, 2012) Motion Commissioner Ross moved to remove the item from the table. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. Mayor Hay pointed out the November 19, 2011 minutes reflect Buck Buchanan and Mark Karageorge were present at the meeting and there was a reference in the body of the minutes to their presence. The minutes need to be corrected to reflect the two members were not present. Motion Commissioner Holzman so moved. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. F. Accept the FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for three (3) month period ended December 31, 2011. G. Approve the proposed monuments and /or benches commemorating: 1. U.S. Coast Guard & Auxiliary, 2. U.S. Marine Corps, 3. U.S. Army, 4. U.S. Navy, 5. U.S. Air Force, 6. Cuban Missile Crisis H. Accept this report from the Finance Department of the recent issuance of $45,895,000 Utility System Revenue Bonds, Series 2012 19 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 I. PROPOSED RESOLUTION NO. R12 -015 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to maintain the Fire Assessment Program for the FY 2012 -2013 with (A) the scope of professional services and specialized assistance in the amount of $17,500 and (B) the potential additional services ranging from an estimated $325 to $40,500 should they become necessary. Vice Mayor Orlove had pulled the item to determine the funding source. He believed the source would be the actual assessment revenues. Barry Atwood, Finance Director, confirmed. The reason for the range in the amount was an increase in the mailing rate for notification to all taxpayers if necessary. Motion Vice Mayor Orlove moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. Approve an increase to the blanket purchase order ( #120370) to Sunbelt Hydraulics and Equipment from $24,999 to $100,000 as a sole source vendor purchase. Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. B. Approve the annual purchase of ten (10) replacement vehicles as approved in the FY 2011/12 budget in the amount of $857,160, utilizing the Sheriffs Contract #11 -19 -0907 and the State Contract #071 - 000 -12 -1. CLIMATE ACTION PLAN IMPLEMENTATION STRATEGY # 4.1.3.1 Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. 20 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Authorize a settlement offer to lender for properties located at 118 and 124 NW 10th Avenue Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion for discussion. Vice Mayor Orlove inquired of the CRA Director if the settlement was adequate funds available to purchase the nuisance properties. Vivian Brooks, CRA Director advised the funds were available. The properties would be used to expand the Sara Sims Memorial Park. It is part of the Master Plan for Sara Sims Park that was done two years ago to create a larger memorial area. Vote The motion passed unanimously. B. Recommend approval of negotiated settlement of $100,000 in Seymour Reiner as personal representative of the Estate of Sidell Reiner, deceased v. Comcast IP Phone, LLC; Deltacom, Inc.; City of Boynton Beach and Palm Beach County Motion Commissioner Holzman so moved. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. 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. 21 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 A. PROPOSED ORDINANCE NO. 12 -001 - FIRST READING - Request to conduct public hearing and approve the amendment of the Quantum Park DRI development order consistent with the Master Plan Modification (MPMD 12- 001) approved on December 6, 2011 to convert the land use options on Lot 75 from 01 (Office and Industrial) to OIC (Office, Industrial and Commercial). Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 12 -001 by title only, on first reading. Motion Vice Mayor Orlove moved to approve for discussion. Commissioner Holzman seconded the motion. Vice Mayor Orlove recalled the matter had been approved at a previous meeting to accommodate a warehouse. Mike Rumpf, Planning and Zoning Director, explained it had been approved previously and the current request was to correct a misunderstanding related to the County approval. Mayor Hay opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discuss Kofi Boateng to represent the City at Les Cayes, Haiti Ms. LaVerriere reported the delegation that would be going to the Sister City, Les Cayes, Haiti, would be potentially meeting with the President of Haiti and other dignitaries. Jeanne Heavilin, 734 NE 9 Avenue, President of Sister Cities, indicated Haiti had asked that the delegation have an official representative of the Mayor. 22 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED RESOLUTION NO. R12 -016 - Authorize Mayor to execute Quit - Claim Deed transferring property owned by the City to the Boynton Beach CRA Motion Commissioner Holzman moved to approve. Vice Mayor Orlove seconded the motion. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. Staff report and recommendation regarding the proposed acquisition of property at the Boynton Beach Mall by a not - for - profit entity, as part of the zoning and fiscal study to be conducted pursuant to N01# 2011 -01 - 2/21/12 B. Charter Review Committee Report - 3/6/12 C. Brand Promise Committee Report - 3/6/12 D. Arts Commission Annual Report- 3/6/12 E. Economic Development Program Update- 3/6/12 F. Update on City -owned property for sale- 3/6/12 G. Update on Unique Management Contract with the City of Boynton Beach Library - 3/6/12 H. Update on In -house Medical Clinic- 3/20/12 I. Revisions to restrictions for vehicle size in residential districts - TBD 23 Meeting Minutes Regular City Commission Boynton Beach, FL February 7, 2012 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:33 p.m. CITY OF BOYNTON BEACH i Woocjiovv ; . , Mayor ; '(//7( William 0 ove, Vice Mayor (Vac. - , Cop issioner S n z • . 6mmissi• : L ATTEST: arlene Ross, Commissioner la - t M. Prainito, MMC Clerk 4 ), , e - n� - ( �(� -- dith A. Pyle, CND Deputy City Clerk' 24