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Minutes 11-07-12MINUTES OF THE CITY COMMISSION MEETING HELD ON WEDNESDAY, NOVEMBER 7, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Holzman Mayor Hay called the meeting to order at 6:31 p.m Vice Mayor McCray gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Holzman. D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 1 Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk The brand promise statement was read, "It is time to take a look at Boynton Beach, where recreation is a lifestyle" Vice Mayor McCray pulled Items 6 A, B, C, D, E and J. Commissioner Ross pulled item 6.G. She also asked to add an item relating to the median maintenance along the Congress Avenue corridor. Mayor Hay agreed it should be added and suggested it be included as Item 12.A Mayor Hay wanted to add Item 3.F, Discussion on District 1 appointment. Commissioner Holzman asked for further information on the possible discussion before he approved the change to the agenda. Mayor Hay indicated he wanted to discuss the appointment. Mayor Hay also wanted to add MAIG, Mayors Against Illegal Guns, discussion as Item 2.B. Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross advised she and the Mayor had attended the Cuban Missile Crisis monument unveiling at the Veterans Bicentennial Park. She thanked Tom Kaiser for organizing the event. Commissioner Ross had also attended the Plein -Air Art Exhibit at the Civic Center and thanked Debby Coles -Dobay for the event that featured the art work of local artists. Commissioner Ross acknowledged the presidential elections as both candidates had highlighted the needs of the citizens in the areas of education, environment, immigration and the economy. She thanked the local community that relies heavily on the non- profits, churches and temples that work for peace and safety within the community. Vice Mayor McCray asked Mr Magazine to announce the event to be held at 10 a.m., November 11 Chuck Magazine, Risk Manager and Veterans Commission Liaison, advised there would be a Veterans Day program and unveiling of the Iraq War monument and special tribute to Pfc. Metcalf It would be open to the public. Mayor Hay appreciated that a trash can was put on Congress Avenue at the bus stop. It had become an eyesore and needed to be addressed. Mayor Hay announced Boynton Beach had won the Read for the Record award for having read to over 1,800 children. Mayor Hay had also witnessed the Clydesdale Budweiser Horses that were in the City and a good crowd had attended. The Holiday Extravaganza would be held on December 1 starting at 5 p.m. with the 42 Annual Parade along Federal Highway. The tree and Menorah lighting would take place at 6:45 p.m. on Ocean Avenue followed by a free concert featuring The Contours, an original Motown group showcasing their original hits and other artists. Food and beverage vendors would be available. There would be free shuttle service from Federal Highway up Ocean Avenue from 6 p.m. to 10 p.m B. Discussion about Mayors Against Illegal Guns (MAIG) initiative (This item was added to the agenda.) 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Mayor Hay explained the organization was currently supported by three local Mayors. Based on the many events involving guns in the City, he thought the City should participate and sign a letter of support. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Announce the cancellation of the November 20th, 2012 City Commission meeting Mayor Hay announced the cancellation of the November 20th City Commission meeting. B. Announce the cancellation of the January 1st, 2013 City Commission meeting The cancellation of the January 1 2013 Commission meeting was announced. C. Present Citation to Rev. Lance Chaney commemorating his 10th Anniversary with St. John Missionary Baptist Church. The Citation commemorating Rev. Lance Chaney's 10 anniversary with the St. John Missionary Baptist Church was read and presented to Mark Karageorge, a church member. A short synopsis of the Citation was read. D. Announce the annual appointment of advisory board members on December 4, 2012, for the Board Year 2013, to fill the vacancies created by terms expiring in December 2012 4th The annual advisory board appointments would be made at the December Commission meeting E. Hear two presentations for Police Management Study. Tim Howard, Deputy Director of Finance, introduced Richard Brady, representing Matrix Consulting It was agreed the presentations would be 10 minutes, followed by five minutes of questions and answers from the Commission. Richard Brady, President of Matrix Consulting Group, was the proposed project manager for the study itself. The Group has been in business for the past 10 years with the senior management of the organization working together in other forms since the 1970s. The firm was created to provide senior people doing the work for in depth consulting to the client. They had completed over 250 studies involving law enforcement agencies in 38 states, including 15 agencies in Florida, some comparable 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 in size to Boynton Beach. Other members of the team have extensive experience as consultants and have been law enforcement executive managers in other departments. He was proud of the study process that included in depth interviews and input from the clients, staff and other stakeholders. There is detailed data collection and analysis with extensive interaction to avoid any surprises. Most of the studies have been staffing and management studies All the agencies studied were struggling financially, as well as bringing modern law enforcement to make it more responsible and accountable to the public and law enforcement personnel Some of the studies recently completed looked at an internal affairs bureau and assessed the consistencies of internal affairs investigations and what was done at the internal affairs level rather than in field operations. Another study focused on the organizational culture and how personnel all worked together. First -line supervision was another area studied that targeted the sergeants who work with the people and provided services to the people on a day -to -day basis. One study involved a real cowboy -type culture of unsupervised people using strong -arm tactics and not following procedures. They are now a best practices agency. Mr. Brady reiterated he would be actively participating in compiling the data and study results, as well as project manager, and be accountable to the Commission and Police Department for the content and completion of the work. Two Senior Managers, Robert Finn and Byron Pipkin, who have extensive law enforcement backgrounds had completed many studies themselves The scope of work is comprehensive and very detailed. Mr. Brady surmised it boiled down to -- are you providing the right services to the community, are you meeting their expectations, how do the services provided compare to best practices and are the managers and supervisors providing the leadership they should to provide staff training and the ability to meet the community's goals and objectives. Most importantly, the City is interested in having the correct number of people employed who are deployed effectively and with an effective shift schedule. The City has entertained the notion of civilianization and has operating policies and procedures in place. There needs to be a balance of proactive and reactive enforcement and being responsive to the community. The proposal contained an extensive task plan. The methodology is from the ground up and not from the top down. One - quarter to one -third of the department employees would be interviewed individually in addition to ride- alongs. The elected officials and management staff would be interviewed and representatives of the business community and other stakeholders. In depth data collection was a vital characteristic to perform the analysis of the issues within the organization. There would be an interactive process with the Department and parallel with the project steering committee to avoid any surprises. Facts, issues and the implications would be thoroughly reviewed to establish the alternatives for the final report after three months 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 so the Commission and staff would be aware of the directions to be implemented and why. Matrix Consulting Group, Inc. is a team of very experienced individuals who have been law enforcement consultants and managers for over 30 years. All the studies referenced in the proposal were studies done by Mr. Brady and his project team members in Florida and across the country. They were proud of their analytical process from the ground up, based on extensive input from staff and other representatives in the community. Finally, detailed implementation plans are outlined, together with the responsible parties to complete the plans, timing and cost savings associated with the change. Matrix Consulting had a very high rate of implementation of their studies of 85% Mayor Hay asked if there were any common issues that had arisen from prior engagements. Mr. Brady replied finding the resources to meet community expectations relating to services is a common theme The analysis done would change deployment and scheduling of personnel, use para - professional civilians to handle lower priority calls for service and shift higher risk type calls to sworn officers. Being creative to meet community expectations with shrinking resources is the number one common issue. The second common issue was getting departments away from traditional law enforcement and being insular as opposed to working within a team in a community and finding ways to innovatively and creatively manage resources. It can be done with existing managers or new managers. Third common issue is providing proactive law enforcement and open communication regarding problems in the community to obtain results Commissioner Holzman thanked Mr. Brady for appearing before the Commission. Commissioner Holzman inquired if there was a way to provide an ongoing implementation plan rather than waiting for implementation after the study was completed. Mr. Brady replied there was definitely a plan. After all the data has been collected and interviews held, the issues are identified and compared to best management practices. There are many performances levels used in law enforcement, both quantitative and qualitative. Many recommendations can be implemented immediately within the department before the end of the study and some changes would have to be approved through the Commission. Commissioner Holzman wanted to understand how the bottom up approach would jive with the problem being at the top. Mr. Brady clarified his reference to bottom up did not refer to the hierarchy of the Police Department. His inference was to the fact the Group would not come in with preconceived notions relating specifically to Boynton Beach. The interviews and data would help to identify the issues associated with the Department. 5 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Commissioner Holzman questioned how it could be determined that the information garnered would be true information when dealing with a very close -knit group of people and the fear or retribution. Mr. Brady mentioned that all interviews are confidential and supplemented with an anonymous employee survey so all employees have the opportunity to provide input. Due to the number of interviews conducted there would be an ability to cross check information from one person to another. There is documentation that tracks what managers are doing. Vice Mayor McCray thanked Mr. Brady for appearing. He asked if he had any personal ties with any members of the Police Department. Mr. Brady responded it was his first time in the City of Boynton Beach. Vice Mayor McCray wanted to see some letters of testimony. Mr. Brady advised references were provided and he would provide letters to the Commission. Commissioner Ross thanked Mr. Brady for coming to the City. She inquired if he could identify agencies that impact the Police Department and if their input would be sought. Mr. Brady agreed one of the first tasks would be to reach out to community representatives. Staff may have to assist in identifying the contact persons, but they would do those types of interviews at any time throughout the process. Commissioner Ross asked how critical was confidentiality to this type of study? Mr. Brady contended it was critical and the notes taken are for the project team use only. The employee survey is done online and has security controls. There is ongoing training at Matrix of staff to teach how to interview and maintain confidentiality. Commissioner Ross sought more information on the importance of staff development, training and long -term maintenance of staff. Mr. Brady agreed it related to finding the right individuals for the department during recruitment, field training programs that match the needs of the community, department and individuals. It would also relate to finding tiny issues in an officer's development and addressing those issues before they became very large problems. There has to be some type of feedback mechanism between internal affairs, disciplinary actions and training for individual development. Career paths and succession planning have to be in place. Integrating technology is essential and early warning or intervention devices can be utilized to detect problems early in an officer's career to ward off future internal affair investigations. Mr. Brady agreed to provide testimony letters that would address the integration of technology into departments to detect problems and issues. Mayor Hay thanked Mr. Brady for his presentation. Mr. Howard introduced Michael Walker, presenting for Berkshire Advisors. Mr. Walker had worked in the business for 28 years and police studies were the core of his work He had worked with agencies, both small and large and several in Florida. The hardest determination was to find what made each client unique to provide a 6 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 tailored result. The work would be done by a team that would look at the department from several perspectives. Renee Tinsley would be leading the benchmarking effort and JoEllen Coe the analysis. Bob Stewart brings a practitioner perspective and has practical experience to understand the issues and formulate practical implementation strategies. Mr. Stewart also has experience with the Justice Department and dealing with inappropriate behaviors, use of excessive force and racial profiling The fact finding segment has to establish how the department looks from a variety of perspectives. Benchmarking would be done to compare the City of Boynton Beach with other local jurisdictions. Interviews with leaders of the community and talks with focus groups in the community would be held for their perception of the level and quality of service provided. Interaction with all staff and the residents would be evaluated to determine if the relationships could be improved. The bulk of the fact finding would be from within the Department including individual interviews with managers and officers. An employee survey was anticipated and an activities analysis to understand how people spend their time. An email address would be established for those individuals who feel uncomfortable in those venues. The core of the work would be to study the data and if any issues could be supported by the data gathered to test the information. It would ultimately be useful in making the recommendations. Mr. Walker offered his firm's analytical capabilities made them unique in matching the resources with workload demand and service expectations. It was complicated because various analytical tools have to be used to determine and implement the recommendations for the effective use of staff. There would always be qualitative issues such as outsourcing some services. Evaluation framework would be established to enable productive conversations about the qualitative aspects of the study. Another part of the process would be working closely with the steering committee. The committee assists in understanding the goals of the Boynton Beach Police Department and its unique needs. Key people in the department and the City have to understand the basis of the recommendations. The steering committee would help identify problems and hopefully address some of those early in the process. A significant amount of time would be spent on how to present the study recommendations. Reports should tell a story to make them more understandable and the ultimate goal to be attained by any change. The reports would include an executive summary and the body of the report would have very detailed recommendations to aid in the implementation process with a priority outlined. The goal would be to think about implementation when developing the structure of the study in the beginning. The challenges inherent in the recommendations would need to be ascertained and addressed as part of the study. The strategies needed to overcome 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 any barriers must be identified. Mr. Walker reiterated the report had to tell a story to understand and accept the need for change Mayor Hay thanked Mr. Walker for his presentation and asked for an estimate on the time to complete the study. Mr. Walker replied it would take four months to do the study to allow time for the changes to be accepted and appreciated. Vice Mayor McCray requested letters of testimony. The references only had two municipalities from Florida. He questioned what cities submitted for references would be comparable to the City of Boynton Beach. Mr. Walker indicated Independence, Missouri or Ocala, Florida. Vice Mayor McCray asked for the comparison data on size of the cities mentioned and department size. Vice Mayor McCray asked if Mr. Walker or his team had any personal ties with anyone in the Police Department in the City of Boynton Beach. Mr. Walker replied he did not. Vice Mayor McCray was glad to find the citizens would be involved and focus groups such as "Stop the Violence" to determine what the residents are feeling and their perspective of the Police Department. He also wanted to know who would be on the steering committee. Mr. Walker replied it would typically involve staff from the Police Department, City management staff particularly relating to financing, community members and leaders. The members of staff from the Police Department would be senior leaders and mid - managers. The composite of the steering committee would be tailored to the needs of the City of Boynton Beach Vice Mayor McCray confirmed that if recommended by the Commission, officers would be permitted on the steering committee and Mr. Walker agreed Mayor Hay asked Mr. Walker to give examples of common issues that have arisen over the years. Mr. Walker remarked the range of issues in any study is similar. The challenge in getting the value of a study would be making choices to establish the kind of Police Department the City wanted. Another challenge would be convincing all participants of the need for changes. It is important to determine the type of department envisioned and follow up with the staffing and training to provide leadership to implement the changes. Commissioner Ross asked who wrote the stories for the recommendations and Mr. Walker advised he typically did the reporting with input. The story had to be compelling to facilitate the implementation. He would attempt to secure testimonials that include the stones of the successes. Commissioner Ross inquired about the agencies that would be utilized. Mr. Walker explained the stakeholders in the community had to be identified. Some could be not - for- profits or others public sector agencies. It would vary in terms of the interactions of the Department. Public prosecutors would be an example to determine the value of the reports provided by the officers 8 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Commissioner Holzman liked how the analytics of the study were outlined and the use of statistical data, staffing and policing. He was looking for more of a review of the internal environment that exists within the Police Department that fosters the rise of a rogue officer. Mr. Walker felt the study balances the analytical and the qualitative aspects. They had to be approached in a systematic way. Data on the types of incidents that had occurred and any themes that may emerge would be analyzed. The goal would be to understand if things were being done systemically that would create an environment where bad behaviors arise. Addressing the problems early on and proactively would curb the concerns. Mr. Walker had learned the best analytical answer may not be the correct answer for the organization and that is where the art of consulting comes in. The hard part is to develop a package that reflects what would make the most sense for the City. It was hoped that the team chosen would have the diverse background to assess the Department from a number of perspectives. Commissioner Holzman stressed it was important to have a review, but it was more important to have a review that can be implemented. He asked if Mr. Walker had a measure of the successful implementation of his suggestions. He also inquired if Mr. Walker could consistently update the Commission to potentially implement the recommendations on a rolling basis. Mr. Walker replied his firm did remain involved with the clients A more accurate assessment would be how the clients used the study to improve the departments based on the groundwork set out in the study. Mr. Walker cautioned that many studies are completed, but for various reasons the leadership does not implement any of the recommendations. Working through the steering committee would enable immediate implementation of changes that may not ultimately appear in the report, but were changes made to improve the Department. Vice Mayor McCray clarified the non - profit group was not Stop the Violence, rather Bury the Violence Mayor Hay thanked Mr. Walker for his presentation. Ms LaVerriere inquired if the budgetary implications and cost would be established through the studies to assist in prioritizing what could be done. Both Mr. Brady and Mr. Walker acknowledged that information would be included. Commissioner Holzman thought both presentations were wonderful and each one brought a different avenue to the process. If a total review of the Department were being done, he would select Berkshire Advisors with their analytical approach. He preferred a study of the interaction of the police officers with management and how the environment is maintained within the Police Department. It should ensure there is a constant review process from the top and review of the top to make the message given 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 makes sense for the community and ensures the officers are doing their jobs in an environment that allows for successful policing of the City. Of the two presentations, Commissioner Holzman contended the Matrix Group offers a better answer to the current conditions The constant updated and potential implementation of those updates during the process would be imperative. Vice Mayor McCray recalled when the 2006 report had been done. The City of Boynton has studies done and they are kept on a shelf and nothing happens. He appreciated the presentations of the Matrix Group and Berkshire Advisors. He favored Berkshire Advisors because Mr. Walker seemed more confident and did not parrot Mr. Brady's remarks. Vice Mayor McCray was looking for straight forward answers to all the questions and Mr. Walker appeared to be more prepared. Commissioner Ross selected Berkshire Advisors based on the identification of agencies that would be approached and interviewed. She also liked the stakeholders approach and the emphasis on their input. She agreed that the analytical answers may not always be the best course. It was her opinion that Berkshire was a better fit for the City and its needs and the Police Department. Vice Mayor McCray added that he particularly liked the community outreach mentioned by Mr. Walker of Berkshire Advisors. It is definitely needed in the City of Boynton Beach. Motion Commissioner Holzman moved to go forward with Matrix. Mayor Hay declared the motion died for lack of a second. Motion Vice Mayor McCray moved to go with Berkshire. Commissioner Ross seconded the motion. Vote The motion passed 3 - (Commissioner Holzman dissenting). F. Discussion of the District 1 appointment (This item was added to the agenda.) Mayor Hay felt strongly that the Commission had a responsibility to fill the District 1 seat. There were important decisions that need to be made before March of 2013. 10 Meeting Minutes Regular City Commission Boynton Beach, FL Motion November 7, 2012 There is an individual, David Merker, who seems to be neutral among the Commission. There should be a fifth person at all meetings to avoid the 2/2 split votes. Mayor Hay moved that David Merker come forth and serve as District 1 Commissioner until March of 2013. Commissioner Holzman offered a point of order that the matter had been discussed and failed and could not properly be brought up at this juncture Attorney Cherof recalled the matter had been on the agenda several times, consistent with the language of Section 20 of the Charter providing that the vacancy was to be filed and if, after two regular meetings, the Commission could not do so; there would be a special election. The Charter makes no provision for going beyond the two regular meetings unless the Commission would interpret it to do so. Commissioner Holzman did not interpret the Charter to leave the appointment open. It had been discussed and dealt with and the Commission should move forward. Mayor Hay thought it was interesting that the Charter was a consideration now and yet the Charter as it already exists has not been followed. Commissioner Holzman interjected it was an interpretation. Mayor Hay contended the Commission had ignored its own Charter and should do right for the citizens of the City and get a fifth vote to avoid deadlocks on issues. Vice Mayor McCray had the gavel and asked for a second Vote The motion failed for the lack of a second. 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) Vice Mayor McCray recognized there was a new employee in the Fire Department that should be introduced. Fire Chief Ray Carter introduced new Deputy Fire Chief Greg Hoggatt. He is from the City of Orlando with over 25 years of fire service experience. 1 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Deputy Chief Greg Hoggatt reviewed his work experience and career in fire services. While with the City of Orlando he had progressed through the ranks and became a paramedic. Worked up through being a District Chief running operations and then expanded his knowledge and moved into administration. He became an EMS Chief and graduated to a stand -alone division. He then became a Deputy Chief and worked through the financial downturn and assisted by increasing the EMS transports and enhanced the revenue stream significantly. Deputy Chief Hoggatt hoped to learn about Boynton Beach and hopefully apply some of his analysis talents and the administration aspect to assist Chief Carter to provide the City with the best information and fire service. The Commission welcomed Deputy Chief Hoggatt to the City of Boynton Beach. Lori Durante, Executive Director of the Museum of Lifestyle and Fashion History, distributed a copy of the Boca Raton Observer culinary issue. The article profiles the culinary tours done by the Museum They offer tours of Delray Beach, Boynton Beach, Lake Worth and Lantana. It has been an excellent branding opportunity for the City establishing goodwill and enables the tourists involved to patronize the markets and restaurants that are visited. The tours were introduced in October 2011 and were very popular with the first seven months sold out. The tours have been expanded and more dates added. There is a partnership with the Boynton Beach public art to include a tour component of the Avenue of the Arts and other art galleries. The tour guests are also taken to the industrial art district as well. Most of the tour participants are being introduced to Boynton Beach for the first time including the eateries and art galleries. On Saturday, November 3rd there was a culinary tour for Palm Beach Gardens Historical Society. They wrote the City of Boynton Beach was a beautiful City and had a lot to offer. The tours provide a captive audience for potential patrons, customers and supporters of the City's businesses Mark Karageorge, 240A Main Boulevard, reported on November 3 the Concerned, Committed and Caring Christian Group, under the leadership of Reverend Buoy and other clergy in the City, honored several with their Legacy Award. It will be an annual event for the City. Mr. Karageorge was humbled to be included in their list. The other honorees were Gertrude Sullivan, Mayor and Reverend Woodrow Hay, Susie Heath, Blanche Girtman, Bishop Sylvester Banks, Dr. Martha Meeks -Light and Bill Tome. Their accomplishments were outlined also. The recipients needed to be appreciated and the younger generation should connect and understand their history. Mr Karageorge announced on Wednesday at the Boynton Woman's Club from 6 to 8 p.m. Boynton United would be holding the first Safe Night, a family event, dealing with public safety. Many City departments and the leadership have been invited to participate Everyone should learn the safety tips offered. Cal Searley and Jim Guilbeault would be honored as great leaders who contribute to the City daily. 12 Meeting Minutes Regular City Commission Boynton Beach, FL Vice Mayor McCray noted Blanche Girtman was his 6 grade teacher over fifty years ago. Ray Whitely, 7353 Palmdale Drive, President of Boynton United, announced his organization had partnered with Boynton Community High School and the Red Cross on November 18 from 4 to 7 p.m. to have a benefit concert with the proceeds going directly to the Red Cross and the victims of Superstorm Sandy in the northeast. He encouraged everyone to attend and show support. The dynamic Boynton Beach Community Choir would perform and the High School Choir. There would be an exclusive lineup of entertainers. The goal was to raise $200,000 for the Red Cross. Ginger Pederson, 7817 Manor Forest Lane, highlighted the book she had published with Janet DeVries called Pioneering Palm Beach, the Deweys and the South Florida Frontier. The original plat of Boynton Beach filed in 1898 reflects the name Fred and Birdie Dewey. Their lives were a part of the City's history and the book has generated positive press for the City of Boynton Beach. The book can be bought through Amazon, Barnes & Noble online and in stores with 20% of the proceeds of the book going to Palm Beach County Historical Society and 20% to the Audubon Society of Florida. David Merker introduced himself as a candidate for Commission District 1 November 7, 2012 Dr. Piotr Blass, 311 Tara Lakes Drive, pointed out Sean Casper, a native of Boynton Beach, received 20,000 votes in the recent national election. Hopefully he would win the next time. He offered there was an immediate high tech concern involving putting all power lines underground. With today's technology it should not be such a huge problem to have power lines underground. Dr. Blass was of the opinion Boynton Beach had the best police force. He was puzzled by the immense studies for something that did not need fixing. Chief Immler could handle any problems that would arise. Dr. Blass felt the money should be spent to put the power lines underground. He reiterated his suggestion that the interested parties for District 1 Commissioner simply rotate through the remaining meetings until March to afford the citizens representation. Mayor Hay commented the study of the Police Department did not imply there was anything wrong in the Department. Any department can be enhanced. 5. ADMINISTRATIVE Motion A. Appoint eligible members of the community to serve in vacant positions on City advisory boards Mayor Hay appointed Irma Khoja as a regular member of the Community Relations Board. Vice Mayor McCray seconded the motion. 13 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously Motion November 7, 2012 Commissioner Holzman moved to appoint Dawson Haggar - Lendoiro as a student non- voting member. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor McCray moved to appoint Wyn Yelin as a regular member of the Special Events Ad Hoc Committee. Commissioner Ross seconded the motion. Vote The motion passed unanimously. B. Consider an update regarding the Financial Advisory Committee member status and preliminary plans for the upcoming year Ms. LaVerriere recounted during the budget workshops the Commission had considered the Financial Advisory Committee's recommendations and asked the Committee to return with a list of items they desire to study to be discussed and changes made if necessary. There are now more members on the Committee and the first meeting held. Commissioner Holzman asked how many of the recommendations of the Committee were actually implemented. Don Scantlan, Chair of the Finance Committee, 13 Cedar Circle, responded his observations were none of the recommendations were undertaken. There was the fact that several of the recommendations were not to be instituted now, but in future negotiations with several of the bargaining units. Commissioner Holzman commented the time spent and effort put into the topics by the members was amazing for volunteers. However, if the Commission was not going to accept any of the recommendations, as done in the past two years, it wastes the time of the volunteers and staff time allowing the Committee to continue. Commissioner Holzman did not feel the Commission was ready to implement any changes that would be recommended. Additionally, there are only five members of a nine member committee He suggested the action be held in abeyance until there is a full Committee. 14 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Mayor Hay recalled the items submitted were discussed and the year before some of the suggestions were adopted. He understood Commissioner Holzman's position, but there were now five members of the nine seats. Mayor Hay recalled the list of projects was going to be prioritized by the Committee and the top three or four items would be addressed. Mr. Scantlan remembered the Commission would be giving input as far as priority. He appreciated that the Commission was reviewing the recommendations and the Committee was a group of committed citizens who did their best. Mr. Scantlan noted in the first and second year, several of the recommendations were for status quo and were accepted. Mayor Hay noted in March 2013 the Commission would be changing and others would join the Committee when the Commission changes. He was not ready to disband the Committee. The newly elected Commission could make the decision on whether to retain the Committee. Commissioner Ross asked the Interim City Manager if there were two issues that would be appropriate for the Committee to consider. Ms. LaVerriere indicated everything on the list was important topics that staff looks at every year during the budget cycle. All fourteen topics would be a daunting task if the list was not broken down. Mr. Scantlan pointed out the beginning list had approximately 60 issues and had been reduced to 14 with one being a recurring issue, the City Services Survey. He did not feel the Committee could accomplish all fourteen items in one year. Mr. Scantlan stressed the Committee's value is to give the Commission another data point on which to make their decisions. Commissioner Holzman suggested several of the issues are large and if the Committee is kept, it should be to provide information as indicated by Mr. Scantlan. The most important issue on the list is pension plans and intercity comparison of benefits. The Commission has not considered any type of pension reform and it would be beneficial to the Commission to have an intercity comparison as it relates to pensions and a recommendation from the Committee on pension reform. The number one issue facing the City currently, and over the next ten years, is the pension obligations that could bankrupt the City. Commissioner Ross concurred the pension plans and the expense had to be a priority of the Commission and the Committee. Commissioner Holzman offered it could be the only issue for them to investigate and if completed, more topics could be added. Mayor Hay felt the Committee could do more, such as property and casualty insurance, make or buy other City services Vice Mayor McCray cautioned that staff had sufficient responsibilities to provide information for the Commission and did not want staff to be overwhelmed with requests from the Committee for data. Mayor Hay agreed it was an important point that the City staff does not work for the Committee. 15 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Mr Scantlan agreed and advised he was not made aware of any burden on staff over the last two years. The method used has been for members to volunteer for topics that feel within their experience or passion. The remaining topics were the hardest and the individual with pension background had left the area. If another individual with a background in pension could be found, it would be most hopeful. Mayor Hay added looking at development fees should also be considered. Commissioner Holzman agreed with the list of topics proposed. Mr. Scantlan explained he asked the members to utilize three perspectives before a recommendation is made. One was to talk to City staff; second, talk to residents; and third, do independent research. Mr. Scantlan wanted to express his gratitude to Mr Atwood for his support and information over the last two years and wished him well in his retirement. He looked forward to another good relationship with his successor. Ms. LaVerriere emphasized the Committee had not abused or over -used staff time and effort Much of the information requested had already been compiled. She acknowledged that staffing levels had been reduced and the resources are even less than last year. There is ongoing pension analysis on a staff level as well that would be shared. There was agreement for the Committee to focus on the following issues: ✓ Make /Buy other City services ✓ Cost of Property and Casualty Insurance ✓ Pension Plan comparisons ✓ Development fees comparisons Ms. LaVerriere reiterated the Finance and Human Resources Departments were doing a comparison study on the pensions would be made available. 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. R12 -116 - Approve utilizing the State of Florida Contract #DMS- 1011 -008C with Verizon Wireless for approximately $77,500 for the following: air cards for wireless data services (laptops) for the Police Department. This includes (6) Code Officers and (1) Animal Cruelty Investigator 16 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Vice Mayor McCray stressed the contract and cost covered five years. Ms. LaVerriere agreed and commented it was a piggyback on the State contract for a locked -in price on an annual basis Motion Vice Mayor McCray moved to approve Resolution No. R12 -116. Commissioner Ross seconded the motion. Vote The motion passed unanimously. Motion B Accept the FINAL FY 2011 -12 Budget Status Report of the General Fund & Utility Revenue Fund for the twelve (12) month period ended September 30, 2012. Vice Mayor McCray asked the Finance Department to give a brief summary Barry Atwood, Finance Director, reported it was the last fiscal year report for 2011. It was still subject to the audit. The revenues and transfers were 102% of budget, whereas expenditures were only 98 %, creating a budgetary surplus of $2.3 million in the General Fund. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -117 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach Vice Mayor McCray noted the materials indicated addresses and properties; however the list included only one property. He questioned if there were other names that should be listed. Ms. Prainito, City Clerk, confirmed there was only one property covered by this Resolution. Vice Mayor McCray was satisfied. Vice Mayor McCray moved to approve Commissioner Holzman seconded the motion. 17 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. November 7, 2012 D Approve piggy -back of the State of Florida Contract # 060 - 920 -11 P for "Tire Recapping" to PRIDE, as the primary vendor, as a responsive, responsible bidder who met all specifications. Estimated annual expenditure is $90,000. Vice Mayor McCray was concerned about the recap tires and requested a copy of the data that was in bigger print and more legible. Mr. Howard agreed to provide a copy in larger print. Vice Mayor McCray asked what a new tire would cost rather than recaps. Mr. Howard replied the Warehouse Manager and new Fleet Manager had reviewed the prices. Mr. Howard would submit the information to the Commission. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. E. Approve the reclassification of Library Archivist (Grade 12) to Librarian - Archivist (Grade 18) to begin January 1, 2013. Vice Mayor McCray pulled the item to ask for the yearly starting salary for the position. Ms. LaVerriere responded the existing salary for a grade 12 is $38,313.60 and the reclassification to grade 18 with a salary of $44,491.20. Anne Watts, Assistant Library Director , added the upgrade would require a Masters Degree in Library Science. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. F. Approve full release of surety for the project known as Waterbrook Peninsula, LLC and authorize refunding the $57,189.75 cash bond for the water and wastewater utilities to National City Bank. 18 Meeting Minutes Regular City Commission Boynton Beach, FL Motion G. PROPOSED RESOLUTION NO. R12 -118 - Approve and authorize the Mayor to sign the interlocal agreement between the City and Palm Beach County to formalize participation in the tax exemption program. Commissioner Ross had pulled the Item to clarify for the public, it is the Palm Beach County Historic Tax Exemption ordinance. The City received the Certified Local Government designation in October 9, 2012. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. H. PROPOSED RESOLUTION NO. R12 -119 - Approve a Memorandum of Understanding with the Florida Paddling Trails Association (FPTA) to designate the Lake Worth Drainage District (LWDD) E -4 Canal and the Intracoastal Waterway as "FPTA Blueway Community ". I. Approve the minutes from the regular City Commission meeting held on October 16, 2012 J. PROPOSED RESOLUTION NO. R12 -120 - Amend the Fiscal Year 2011/2012 budget for the Water and Sewer Utility Enterprise Fund for operating expenditures and transfers to other funds in the amount of $5,180,000 to increase the previously appropriated sum of $32,217,173 to $37,397,173. Vice Mayor McCray had pulled the Item for the benefit of the public to understand the funding source. Mr Atwood explained the request was to increase the adopted budget of the Utility Fund for this past year. One request is for $4 million to be transferred from the operating account into their capital improvement account. It was not done in the preliminary budget because the rate study done for the bonds issued was not completed until November. The rate study suggested taking money out of the operating budget, if possible, to save money in the future. Vice Mayor McCray moved to adopt Proposed Resolution R12 -120. Commissioner Ross seconded the motion. 19 November 7, 2012 Meeting Minutes Regular City Commission Boynton Beach, FL 20 November 7, 2012 Vote The motion passed unanimously. K. Accept the resignation of Joseph Casello, a regular member of the Golf Course Advisory Committee 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 12 -018 - FIRST READING - Approve abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. Attorney Cherof read Proposed Ordinance No. 12 -018 by title only, on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R12 -121 - Approve lease agreement with Stage Left Theatre for use of City owned Madsen Center for live stage community theater. Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Ms. LaVerriere reported Stage Left Theatre was a live, community theater that was seeking to move into Boynton Beach. After discussion, an 18 -month lease has been brought before the Commission to allow the Theatre to move into the Madson Center that is now vacant. It would bring community theater to the downtown core. It is a non- profit organization. The facility was being offered at no rental fee with the Theatre covering all the utilities and making interior improvements. The building is zoned and appropriate for the use. It is a unique opportunity to bring the theater to the area with no risk for the City. It was hoped the Theatre could get established in the City and then search for a future, permanent home in Boynton Beach. Commissioner Holzman asked about the previous use of the Madson Center and Ms. LaVerriere replied it was a community center. There are shuffle board courts on the outside. Code Enforcement had utilized the space and is now situated in the Police Department that is more effective to utilize the officers and systems. The building is vacant now Commissioner Holzman wanted to hear from Code Enforcement if they wanted to go back to the Madson Center since a space crunch exists within the Police facility. Ms. LaVerriere indicated it was an administrative decision by the management staff to move Code from the facility into the City Hall complex for improved operation. Commissioner Holzman reiterated there is a space crunch in the Police Department, but an entire Department was moved into the existing space. Ms. LaVerriere explained Code Enforcement was utilizing a portion of the first floor of Fire Station #1. Peter Pagliaro, 225 Saratoga Boulevard, Royal Palm Beach, indicated Stage Left Theatre was born in 1992 as the Royal Playhouse and produced live plays and musical productions in Royal Palm Beach for eight to ten years. The Theatre outgrew the space and moved to West Palm Beach in a shopping plaza. The plaza closed and they moved to Lake Park for a year, then did a complete makeover, changed their name and board of directors. They felt Boynton Beach had the best mix for a performance theater because the downtown was being revitalized and historically a theater is a good fit. Thousands of people are attracted to the shows in a year and they are an advocate for youth programming. Drama workshops are held and youth are trained to work back stage as well as on stage. Stage Left Theatre would be an intricate part of the revitalization of the downtown. Mayor Hay was happy Boynton Beach had been selected and thought it was an excellent idea. Mr. LaVerriere interjected any obstacles had been overcome. There would be a cost of $600 to the City to provide a handicap ramp on the outside of the building. The Theatre would take care of some interior improvements. It is a month -to- month lease so either party, with 30 days written notice, can exit the lease agreement. An 18 -month term on the lease covering one and a half seasons was anticipated. Mr. Pagliaro added it would take the Theatre a full season to get established. The main objective involves community support. A theater guild would be formed to be comprised 21 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 of Boynton Beach residents. The guild would serve as a sub -board of directors and assist with play selection, fund raisers and moving forward. Mayor Hay confirmed that Mr. Pagliaro was in agreement with all the conditions of approval. Commissioner Ross inquired if the financial statements had been provided. Mr. Pagliaro advised Stage Left Theatre had been established in January of 2012 and had not produced shows yet. There is a minimal fund balance since no shows have been produced Ticket sales are the bulk of the revenue for any theater. Minor grants are written each year and some fundraising is done. Four grants are pending for approximately $3,000 to $4,000 per grant and vary with the Foundations. Grant proposals were submitted to Home Depot and Lowe's for building material grants. They have supported the group in the past. The objective was to have a lobby with an art gallery and have a true co- partnership. The Theatre partners with the merchants in the area to offer dinner and a show type discounts, to enhance business in the area for everyone. Commissioner Ross pointed out the plan was for five shows a year with eight to ten performances. The figures had been based on past performances since 1992. Historically each production is run for three to four weeks, take a three -week break and then open the next show in a continual cycle throughout the year. A typical ticket cost $15 to $18 and for a musical production it would be $2 more. Even though the organization is non - profit, the expense for such things as royalty rights are the same as a professional theatre group. Since the inception of the group they had been able to cover the costs on ticket sales alone. All actors are community volunteers selected during open auditions. Vice Mayor McCray was in favor of the lease, but wanted to be sure Mr. Pagliaro understood it was only temporary and if the lease was broken, whatever was built up would be taken down. Mr. Pagliaro agreed with the statement. Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Commissioner Holzman inquired if the creation of a lobby would decrease the capacity of the facility and Mr. Pagliaro had already calculated that variance while maintaining adequate isle space. The assembly occupancy cannot exceed 98 people for the Fire Code. Mr. Pagliaro advised there would only be three to five individuals involved in the production. There is no backstage area. There would be one room for a dressing area and a room to hold the sets and materials. He understood there was no room for expansion at the location. Commissioner Holzman suggested the amphitheater may be a larger space and more appropriate. Mr. Pagliaro advised outdoor space is not compatible with the type of productions performed and charging ticket prices would be difficult. 22 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Vote The motion passed 3 -1 (Commissioner Holzman dissenting). 11. UNFINISHED BUSINESS A. Hear update from City Attorney regarding conveyance document for Old High School property. Attorney Cherof advised work was ongoing in preparing a document to convey the Old High School to Mr. Contin and his development group. Mr. Contin had hired counsel to assist in the matter. The document is a purchase agreement, but there are inherent problems with a purchase agreement that should be disclosed. Initially the conveyance document was anticipated being a developer's agreement that would allow for the transfer of the property as opposed to the sale. It was approached in that form because a provision of the City Code has some restraints on the sale of City property. The existing ordinance could be amended to allow for the specific type of transfer as has been done. The timetable of the transaction has been discussed and the actual document could be returned to the Commission in either December or January. There would be a time for the development group to obtain their financing, process site plans, process use approvals and prepare the developer's agreement that would go hand -in -hand with the transfer agreement or sale agreement. The initial time constraint suggested by the developer was nine months to obtain and put into place financing or by September of 2013, before the actual sale would go hard. Attorney Cherof understood there may be a change in the proposed timetable with respect to financing. There may be other issues In terms of commitment by the City or Community Redevelopment Agency (CRA), it would only be assistance, cooperation and expediting the process as needed. The developer was not looking for the City or CRA to lease any portion of the space or provide lease subsidies for a third party. Vice Mayor McCray asked how many months had the project been extended. Ms. LaVerriere recalled initially there was 180 days for some progress and during that time the developer group changed and the Commission approved 90 more days to the end of October Vice Mayor McCray understood no one was asking the City to sign a deed and Attorney Cherof confirmed that fact. The deal was still in the preliminary stage of developing the format for the transfer. Many issues remain open and that was not unusual. It is an old building that needs a lot of work and putting together the appropriate document would take time. Lisa Colon- Heron, with the law firm of Smith, Currie and Hancock at 101 SE 3rd Avenue in Ft. Lauderdale, represented the developer and had been retained to assist in establishing the agreement to transfer the property and eventually the lease of the 23 Meeting Minutes Regular City Commission Boynton Beach, FL property and the development agreement document she had received from Attorney assist the developer to get financing. Consensus November 7, 2012 . She had been working on the proposed Cherof to create the framework that would Commissioner Holzman asked Attorney Cherof if he could give an overview of the specific details that would be negotiated. Attorney Cherof gave the highpoints being a discussion involving the timetable If there is time needed to obtain financing, there should be a timetable when the parties can walk away from the transaction if no financing can be found. A deadline for the site plan and other development approval and applications has to be established. It was anticipated to be approximately four months after the application. There has to be a date set for construction and what the deliverables are from the City's point of view. All the items would have to be listed in some type of document. Attorney Cherof hoped a document could be presented at the next meeting and more detail be discussed along with a timetable for approval. Vice mayor McCray inquired if any written endorsement or commitment from any bank had ever been offered. Attorney Cherof had not seen any documentation; however, in the request for proposals there was a document from the Swan Group that had asked for financial information. None of the documentation has been submitted. Mayor Hay suggested no action be taken and allow the City Attorney to work through the documents required. There was consensus to proceed accordingly. 12. NEW BUSINESS A. Discussion on median maintenance along Congress Avenue (This item was added to the agenda). Commissioner Ross was concerned, as were some of her constituents, about the medians along Congress Avenue. The priorities have been with the eastern part of the City. There is room for improvement along Congress Avenue and the situation should be assessed Jeff Livergood, Director of Public Works and Engineering, reported a detailed estimate for Congress Avenue had not been obtained. He felt between $75,000 and $100,000 would achieve the type of results sought by spring. Commissioner Ross wanted consensus that the appearance of the medians and the entry and exits of the City along Congress Avenue were important. Mayor Hay had also wanted to add the item to the agenda because the medians do not look very good. He 24 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 wanted to make the area look much better and the main roads should be well kept. The businesses were keeping their properties maintained better than the City. Commissioner Holzman recalled there had been discussions during the budget process and it was agreed the focus would be Federal Highway and Boynton Beach, knowing the Congress Avenue corridor was not included. Spending the taxpayers' money required getting the most for the dollars. The decision had been made. Next year the funds could be allocated for Congress. He continually held the most important part of the City is landscaping at the entrances to the City. The money is not available to clean up all areas The funds have to be used to get the best results. Commissioner Holzman did not support doing anything along Congress Avenue and continue the path set during the budget process. Vice Mayor McCray was in favor of Federal Highway, but also understood the urgency for Congress Avenue. There are more visitors in that area and the mall is in the area. He favored getting Congress Avenue done and then return the efforts to the eastern side. Mr. Livergood explained staff would come back with contractor bid provisions and get an exact dollar amount. There would also have to be a budget amendment to find the funds and the options would be outlined for the revenue stream. Commissioner Ross looked forward to receiving all the options and then have further discussion. Vice Mayor McCray wanted the options without further discussion to move forward as soon as possible. The median maintenance was cut back by design three years ago because it could be reinstated with the least impact on the budget than other cuts proposed. Consensus There was consensus to have the options brought back before the Commission. 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -019 - FIRST READING — Approve changes to Chapter 26 - Article IV — Sewers of the City's Code of Ordinances pursuant to Chapter 62 -625 of the Florida Administrative Code (FAC) regarding Industrial Pretreatment Regulations and their proper enforcement. Attorney Cherof read Proposed Ordinance No. 12 -019 by title only, on first reading. 25 Meeting Minutes Regular City Commission Boynton Beach, FL November 7, 2012 Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. Attorney Cherof read Proposed Ordinance No 12 -017 by title only on second hearing. Motion B. PROPOSED ORDINANCE NO. 12 -017 - SECOND READING - PUBLIC HEARING - Rescinding Ordinance 11 -029 to allow adoption of the Palm Beach County Lobbyist registration Ordinance in lieu of City regulation of lobbying activities Commissioner Holzman moved to approve. Commissioner McCray seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward. Ms. LaVerriere advised Richard Radcliff was present for any questions. Vote City Clerk Prainito called the roll. The vote was 4 -0 14. FUTURE AGENDA ITEMS A. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 B. Volunteer Advisory Board program outline - 12/04/12 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the brand promise statement. 26 Meeting Minutes Regular City Commission Boynton Beach, FL 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 9:28 p.m. ATTEST: et M. Prainito, MMC ity Clerk • CITY OF BOYNTON BEACH 27 Steven Hol n, Commissioner arlene Ross, Commissioner November 7, 2012