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Minutes 08-06-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 6, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Rev. Randall Gill - First Presbyterian Church C. Pledge of Allegiance to the Flag led by Mayor Taylor Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Taylor called the meeting to order at 6:55 p.m. An invocation was given by Reverend Randall Gill from the First Presbyterian Church. Mayor Taylor led the Pledge of Allegiance to the Flag. D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach. Complemented by excellent schools with a mission to educate, nurture and inspire." E Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Merker requested an item be added to Future Agenda Items to discuss changing the name of Oceanfront Park to reflect the name Boynton Beach. Mayor Taylor agreed to add it for discussion at the next meeting. Commissioner Casello pulled Item 6.L for discussion. 2. Adoption Meeting Minutes Regular City Commission Boynton Beach, FL Motion August 6, 2013 Vice Mayor Hay moved to approve the agenda as amended. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Hay thanked City officials who had attended Reverend Chaney's funeral. It was well attended by City staff. Reverend Chaney had touched many lives and left a positive mark with his words and wisdom. He requested prayers and support for the family and St John Missionary Baptist Church while they continue the work Reverend Chaney started. Commissioner Casello reported he attended the Chamber of Commerce luncheon at Benvenuto Restaurant. As a first time Commissioner, he thanked all the department heads who made their budget presentations with professionalism and knowledge that made it easy to navigate through the budget process. He was present at the opening of the Old Dixie EcoWalk at the Seabourn Cove project and Interim Police Chief Katz's town hall meeting that was very informative. Commissioner Casello agreed with Mayor Taylor that similar sessions should be held throughout the City and commended Chief Katz on the presentation. Commissioner Casello was inspired with the joy, love and celebration of the life of Reverend Chaney. It was a tribute to his many accomplishments. Mayor Taylor agreed with the comments relating to the various meetings and functions. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Accept presentation by Andrea Bradley, President and CEO of Palm Healthcare Foundation, regarding City of Boynton Beach's participation in the Let's Move Commit to Change Campaign. Ms. Bradley from the Palm Healthcare Foundation, Palm Beach County's largest public foundation for healthcare with a mission to inspire funding and solutions to the healthcare issues in the County made the presentation. Since 2001 they have donated more than $4 million to provide tools to help prevent diabetes or manage diabetes. She recognized the City's participation in the Let's Move Commit to Change challenge 2 Meeting Minutes Regular City Commission Boynton Beach, FL last April. The City of Boynton Beach constituted the largest team among 50 zip codes. More than 100,000 minutes of physical activity were logged during the month of competition. The City of Boynton Beach contributed 79,980 minutes and she applauded those efforts. Partnering with CBS12 the campaign was run across the community. Ms. Bradley noted 100,000 minutes could be a walk from West Palm Beach to Los Angeles two and a half times. The effort was undertaken to raise money, but more importantly creating community health. It was widely embraced. There would be another campaign in January of 2014. Awards were presented to the number one team, City of Boynton Beach ITS Department that logged in 10,331 minutes and received a plaque. Three top employees who logged approximately 5,000 minutes were Melissa Dyer, Debbie Reamsnyder and Rani De Marco. Mayor Taylor expressed his appreciation of all the staff who participated and put the City of Boynton Beach on the map once again. B Tribute to Reverend Lance Chaney August 6, 2013 Mrs. Marilane Chaney, family members and members of the St. John Missionary Baptist Church came forward for the Tribute. Mayor Taylor read the Tribute outlining the many achievements of Reverend Chaney and his contributions as a pillar of leadership in the City of Boynton Beach. Mrs. Chaney related both she and her husband were grateful to have had the opportunity to be part of the City and serve its residents. She thanked the Police Department for their escort on the evening of the funeral. In honor of Reverend Chaney's memory, she challenged everyone to continue to work to help those less fortunate and do the very best to serve the Lord. She thanked everyone for their prayers and acts of kindness shown to the family of Reverend Chaney and the family of the St John Missionary Baptist Church. C. Presentation by the Lake Worth Drainage District given by Patrick A. Martin, PE, Director of Engineering for the LWDD. Carisse LeJeune, Assistant City Manager, introduced Patrick Martin representing the Lake Worth Drainage District. The District manages water resources in southeast Palm Beach County and has committed to advance community outreach and education on topics such as flood mitigation and preparedness. Mr. Martin is the Director of Engineering and responsible for 200 square miles of projects and inspections. Mr. Martin explained the LWDD area runs from Hillsboro Canal north to Okeechobee Boulevard and the conservation area on the west to 1 -95 on the east. There are over 500 miles of canals with east to west canals every half mile north to south. There are north /south canals along SR 7, both sides of the Florida Turnpike, a mile west of Military 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Trail and the Lake Ida, Lake Osborne, Lake Eden chain. There are 20 major control structures and the LWDD reviews and permits any construction to meet the strict guidelines. The water is collected from the various communities into the LWDD system and takes the water out to tide. The intent of the Clean Water Act was to provide clean water and eliminate water pollution. It has been ongoing with various programs that are important to provide good water quality both for human sport and recreation. There are now detention and retention mechanisms that collect the stormwater from the inlets and discharge the water into the lake systems. The systems have control structures that slow the water down for water quality and quantity purposes. It prevents the canals from being overloaded and flooding the communities. It is a three - tiered system with the main block being the South Florida Water Management District, then the Lake Worth Drainage District and then the communities that have to work together. The impact of rainfall levels was explained up to 15 to 20 inches of rain that could result in homes being flooded. The LWDD has not flooded a single home within their service area that includes over 700,000 residents within the district. The County has 1.2 million people so the majority is covered by the LWDD. The communities have to take care of their systems of swales, lakes and roads to get the water from the roofs to the lakes. Permission from LWDD to release any water must be obtained. The communities are encouraged to create storm teams within a homeowners' association for communication purposes. The control will operate on a passive gravity manner without human intervention. Mr. Martin cautioned homeowners should not plant trees in the right -of -ways because removal, if damaged, can be costly. Most manholes open to the local sewer system and removing the manhole covers can result in sewer backup creating a water quality problem. The LWDD provides speakers for the homeowner associations, seminars and public events and workshops for property managers to educate the public, as well as storm teams in large developments. Flyers, newsletters, videos and social media outlets are all being utilized to enlighten the public. There is a 24/7 call -in system and regular meetings are scheduled with local organizations involved. Complacency is a constant challenge, especially after hurricane season. In the spring, assessments should be made to ensure the inlets are clear and the control structure is operating before each season. Another problem is the aging population which becomes fearful and assuring them the system is working properly is essential. Gaps in communication occur when property managers and board members are constantly changing. The future goals include continued cooperation with the Water Management District, the municipalities and other utilities. Discussion with legislators is also instigated when 4 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 necessary Education materials would continue to be supplied to keep the public engaged. The control structures are being modernized through the use of telemetry and developing an interactive GIS mapping system. Working together by co- hosting presentations would be very helpful. Flyers could be created for distribution through the utility billing system a couple times a year. Sharing the directories and databases would be essential. Approval of drainage plans is ongoing. Commissioner Fitzpatrick understood bikeways or walkways are not allowed on any of the 500 miles of canals. Mr. Martin responded they are not allowed because of a liability issue. Many of the areas are encumbered with heavy equipment or stock piling of fill for maintenance dredging. The bike paths require continuous ownership throughout and the LWDD does not necessarily own the property. The canal is on an exclusive easement through private property. It would require approval from each and every individual that owns the property to create a bike path. Many homeowners do not want the bike path running through their backyards. It is threatening. Commissioner Fitzpatrick inquired if there has been any sea level rise or future plans to deal with the issue. Mr. Martin replied he had worked on another canal in Dade County that is dealing with combatting sea level rise. The water level there is much lower than Palm Beach County. The water level table in this area is maintained at approximately eight and a half feet above sea level. It is being monitored between Dade, Broward and Palm Beach County. As the sea level rises there is a flood protection problem and an issue of contamination of the coastal well fields. Vice Mayor Hay questioned if there was any possible threat to the acquifer in this area. Mr. Martin cautioned the coastal well fields need to be closely monitored. It could cause problems with the acquifer. The City of Boynton Beach has been very progressive in their efforts and has an incredible recovery rate with a 97% capture. Mayor Taylor thanked Mr. Martin for the presentation and data. D. Request a private attorney - client session of the City Commission to discuss pending litigation in the following cases: 1 BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No 502013CA011391XXXXMB AH 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY Attorney Cherof advised the two cases arose out of the occurrence with the Boynton Old School Partnership, LLC vs. the City of Boynton Beach and another case with the same title. The cases are pending in different courts in Palm Beach County. They arise out of the Commission's denial of the petition for rezoning and site plan approval. 5 Meeting Minutes Regular City Commission Boynton Beach, FL Approximately 45 minutes would be needed for both cases. There was consensus to hold the closed -door session at 5:30 p.m. on August 20 before the Commission meeting. 4. PUBLIC AUDIENCE August 6, 2013 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) Mack McCray, 806 NW 4 Street, recalled he was one of the Commissioners who had voted to conduct a study of the Police Department. Whatever the study may show, Mr. McCray supported the Police Department and thought they were the greatest people in blue. Mark Karageorge, 240A Main Boulevard, pointed out the recent back -to- school health fair was a continuation of Reverend Chaney's vision that has advanced and served over 2,000 children with school supplies, health screenings and physicals to participate in sports. Mr. Karageorge was glad the abatement money was included in the budget because there is an issue with properties on Ocean Parkway that need to be addressed. Ms. LaVerriere replied demolition was planned in the next two weeks. Shirley Cassa, 217 SW 14 Street, indicated a site plan had been presented for a hotel at 2001 West Ocean Drive adjacent to Palm Beach Leisureville. A committee was formed opposing the hotel then and it continues. She hoped the Commission would stand with them in the future. Commissioner Merker advised he had spoken with Ms. Cassa previously and wanted to know what had been done since that time. Ms. Cassa related the developer submitted a new site plan and would be before the Commission for approval in October. Mayor Taylor advised the developer had eliminated the height issue Ms. Cassa remained concerned about the entrance on Ocean Drive. There was the possibility of an entrance by the bowling alley or onto Congress Avenue. Mayor Taylor understood the entrance by the bowling alley was not an option. Dr. Piotr Blass, 113 W. Tara Lakes Drive, proposed Oceanfront Park be renamed to Boynton Lance Chaney Beach. He had been honored with the friendship of Reverend Chaney who was one of the few community leaders dedicated to the University of Boynton and was very supportive. 6 Meeting Minutes Regular City Commission Boynton Beach, FL The proposed hotel is a no brainer and a crazy idea. He suggested Attorney Barry Silver be contacted to assist the residents of Leisureville. It was incredible to have the Police Department and Dr. Blass contended the City was lucky to not have the Sheriff's office in the City. Finally, Dr. Blass was emphatic that the Old High School belongs to the City and it is the University of Boynton Beach. It has been a game and he urged the Commission not to waste any more time or money on further ventures in the building. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE Motion Vote A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 regular Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate The motion passed unanimously. 7 August 6, 2013 Mayor Taylor indicated there were only two possible appointments. One was for the Code Compliance Board and Mayor Taylor chose to table the appointment. The second appointment was a regular on the Planning and Development Board. Mayor Taylor proposed moving Stephen Palermo from an alternate position to a regular position. Vice Mayor Hay seconded the motion. Meeting Minutes Regular City Commission Boynton Beach, FL Motion B. Authorize Vice Mayor Hay, as the City of Boynton Beach Voting Delegate to the Florida League of Cities to support or oppose proposed resolutions submitted by the FLC Resolutions Committee at the 87th Annual Conference, according to consensus of the City Commission. Commissioner Fitzpatrick moved to appoint Vice Mayor Woodrow Hay. Commissioner Casello seconded the motion. Vote The motion passed unanimously. August 6, 2013 Ms. LeJeune interjected there needed to be a consensus if the Commission supported or opposed the resolutions. Mayor Taylor indicated most of the resolutions were routine. One did relate to giving the State permission to tax Internet sales. Commissioner Merker would support the resolutions. Vice Mayor Hay supported the measures. Commissioner Fitzpatrick had no opinion. 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. R13 -068 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Fenel Mene for the property at 1124 Peak Rd, Lantana, FL B. PROPOSED RESOLUTION NO. R13 -069 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Sashi L. Maharaj & Sheerin M. Maharaj for the property at 3695 Edgar Ave, Boynton Beach, FL. C. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the nine (9) month period ended June 30, 2013. D. PROPOSED RESOLUTION NO. R13 -070 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal years 2013/2014 8 Meeting Minutes Regular City Commission Boynton Beach, FL E. PROPOSED RESOLUTION NO. R13 -071 - Accept the offer of $6,000 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Diane Dolphin of 318 Glen Arbor Terrace, Boynton Beach, Florida, 33426, in the amount of $50,000, and Waive the Right of First Refusal for this same property. F PROPOSED RESOLUTION NO. R13 -072 - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. G. Approve additional funds in the amount of $4,152 for an estimated total annual expense of $28,500 to Thyssen -Krupp Elevator for elevator service in City facilities. Thyssen -Krupp is an authorized vendor via The Cooperative Purchasing Network (TCPN) Contract #R5042. Blanket Purchase Order #130388 H. Approve the Vehicles /Equipment submitted by Public Works /Fleet Maintenance for disposal I. PROPOSED RESOLUTION NO. R13 -073 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their July 18, 2013 meeting and give authorization to do the following: 1) Approve the Third Amended Interlocal Government Agreement for biosolids processing and recycling ( "Agreement ") on the express condition that this agreement shall not be finalized by SCRWT &DB and delivered to the Authority until the Authority provides written confirmation that it has the funds on hand ($2,037,588) to pay SCRWT &DB and that upon delivery of the Agreement to the Authority, the Authority will pay SCRWT &DB the sum of $2,037,588; 2) Amend paragraph 5, Section 4 of "Vacation Leave" of the Board Rules; 3) Add the following subsection to section 5 "Sick Leave" of the Board Rules; 4) Accept the 2013/2014 Organizational Chart and Salary Ranges; 5) Establish user rate (O &M at $1.0326/1,000 Gal and R &R reserves at $0.1985/1,000 Gal) to Delray Beach and Boynton Beach for fiscal year 2013/2014: 1.2311/1,000 Gal; 6) Establish reclaim user rate at $0.19813/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for fiscal year 2013/2014; 7) Accept the 2013/2014 Wastewater and Reclaim O &M Budgets J. Approve the piggyback of General Services Administration (GSA) Contract GS- 27F -0002V (SBSA) & GS- 27F -0003V with Office Elements (Adden Furniture distributor) with the same terms, conditions, specifications and pricing for the purchase of bunk room furniture for Fire Station #3 in the amount of $28,233.23 9 August 6, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 K Approve payment of $14,272.50 to Hy -Byrd, Inc. of Lake Worth, Florida as final payment on Blanket Purchase order #130494 for a total purchase order amount of $32,877.50 for plan review and inspection tasks on an "as- needed basis." Hy -Byrd, Inc. was selected from written quotes in connection with this blanket purchase order. Accordingly, purchase orders exceeding $25,000 requires the City Commission approval. L PROPOSED RESOLUTION NO. R13 -074 - Approve Third Amendment to Professional Services Agreement with American Traffic Solutions "ATS" Commissioner Casello had pulled Item 6.L for discussion. The City was being asked to cover the administrative cost of implementing the new rule. He did not agree that the City should absorb any more of the expense. In 2012, $2 million was generated from the red light cameras. Of that figure, the State gained $1 million, ATS received $650,000 and the City received only $200,000. His contention was any additional cost should be at the vendor's expense. The City has been very generous Commissioner Merker inquired if the benefit to the City would be reduced. Ms. LaVerriere responded the cost for the hearing process at the local level was estimated and included in the $85 additional assessment. The volume of hearings is unknown so an estimate was calculated that can be adjusted in the future. All the costs should be recouped by the $85 fee. Commissioner Merker had suggested the fee should be higher to the guilty party to secure the costs. Vice Mayor Hay agreed with Commissioner Casello that ATS should consume more of the cost. He inquired about the number of magistrates being utilized and the frequencies of the hearings. Ms. LaVerriere advised only one magistrate was being contracted at this time. A formal solicitation has not been undertaken. There was an urgency since the change went into effect on July 1 It would be best to have at least two magistrates with the hearings being held once a week depending on the volume. The hearings would be conducted in Chambers scheduling 10 to 15 per hour. Commissioner Casello questioned why the mailing and administrative costs incurred by the vendor should be an expense for the City when the vendor receives triple the amount of revenue of the City. Juan Delsaro, of ATS, with offices at 1330 W. Southern Avenue in Tempe, Arizona was based in Miami and did the work for ATS in South Florida. The current contracts involve ATS reviewing the violations, sending them to the Police Department for their review, notice to the violator with the option to pay or file an affidavit they were not the driver or go to court. The new law requires a period of 60 days for a hearing and filing of the affidavit. The vendor has to set up the hearings, send out the new mailings and new affidavits involving a new system for the process to move smoothly. 10 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Casello confirmed the cost of the magistrate and the clerk would be a cost of the City with only mailing costs the responsibility of the vendor. Mr. Delsaro agreed, but understood those costs would be covered by the administrative fee charged to the violators. Commissioner Casello asserted the additional five new cameras would produce even more revenue for the vendor and Mr. Delsaro agreed. Commissioner Casello questioned why the cost was being passed to the municipality and not absorbed by the vendor. Mr. Delsaro countered it was an added layer of work that has to be done to set up the hearings, the schedule, train the magistrates, train the clerks and new mailings for scheduling hearings, rescheduling hearings, affidavits that will be a new system that the vendor has not created yet. Commissioner Merker inquired if Mr. Delsaro felt the $85 fee was appropriate to cover the costs He also questioned if the percentage of the expenses the vendor would be passing on to the City would be the same or more. Mr. Delsaro noted the $85 charge was similar to what cities of similar size have assessed. Palm Beach County passed their fee at $75. A maximum of $250 was allowed by the legislature. It was not contemplated it would go that high. Commissioner Merker surmised there was a percentage of profit being made and questioned if it was due to an increase or increase of responsibility and work to be done. Mr. Delsaro indicated it was work that had been done on the back end. There could be a scenario that the City does not pay the $2 fee at all. All the violators could just pay the fee and there are no appeals. It is a work in progress. Commissioner Merker asked if the issue was negotiable. Attorney Cherof advised all the issues were negotiable. Motion 11 August 6, 2013 Commissioner Casello moved to go back and renegotiate the contract so the City did not have to pick up the administrative cost incurred by the vendor. Vice Mayor Hay seconded the motion. Ms. LaVerriere qualified the legislation put the burden on the local government as well as ATS, both incurring additional cost. All the costs are captured in the $85 fee. The fee is passed through to the City and the City pays it, is all factored into the $85 fee, including the $2 increase that the violator ultimately pays. There is a built -in assumption that not everyone will pay too. It is anticipated with the additional cameras there will be an increase in violations in the new areas and then people change their behavior and the violations decrease. There will be more revenue and ATS and the City will benefit. Attorney Cherof understood Commissioner Casello's concern that Boynton will be making Tess and the vendor will be making more and not sharing the increase with the City. Commissioner Casello agreed with that interpretation. Meeting Minutes Regular City Commission Boynton Beach, FL Shana Bridgeman, Assistant City Attorney, clarified it was the goal of the City to pass through the cost to the violator, but it is not a guarantee the violator will pay the fine. The City will have to pay the $2 cost per piece of mail to ATS and the City will pass that cost to the violator when a fine is assessed. It will be the goal to recoup the cost, but not all violators will necessarily pay the required amount to recoup all costs Attorney Bridgeman was confident in the figures Tim Howard, Director of Finance, had quantified. ATS will be providing an additional service to the City by having staff mail out the notices to schedule the hearings on behalf of the City and set up the infrastructure for the local hearings and train the new hires on conducting the hearing. It will be an entire new system and ATS will be charging an additional service fee. Commissioner Fitzpatrick wanted to know, if the motion was passed, would it delay a State mandate. Attorney Bridgeman responded the magistrate would be hired even if the amendment is not approved. It would mean ATS would not set up any hearings at this time Currently, anyone requesting a local hearing is being scheduled for January, 2014. It would only delay when the hearings begin. The options are to pay the ticket, request a local hearing and if not paid within 60 days a citation would be issued and they can request a court hearing. Commissioner Merker established the administrative fee can be modified. Vice Mayor Hay confirmed staff had no objection to the assessment at $85. Ms LaVerriere concluded ATS will increase profit and the City will likely see increased revenue. It was anticipated the cost would be recouped from the violators so the City would have no additional cost. Attorney Cherof advised there could be a condition of approval that the $2 pass through be approved for a limited period of time, review the data and revisit the issue. Commissioner Casello wanted to know if most of the violators are Boynton Beach residents. Attorney Bridgeman advised an ATS survey last year revealed most of the tickets were not issued to Boynton residents. She cautioned it was unclear how many requests for hearing would be received so there is speculation. Staff made their best educated guess as to how much it would cost to fund the program and staff based on the number of people who have requested court hearings over the last year. The legislation says only the costs can be recovered. They cannot be charged a penalty, only an administrative fine to cover the cost expended by the City. Motion Vice Mayor Hay offered a substitute motion to allow the amendment to go through with the contingency that it be addressed in one year. Commissioner Merker seconded the motion. 12 August 6, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Commissioner Casello argued the City is in partnership with the vendor who is making $600,000 on the contract and the City receives only $200,000. Any extra costs are being absorbed by the City of Boynton Beach even though it can be recouped and assessed up to a $250 fee. He asked why? The vendor, as a partner should step up and incur the cost Commissioner Merker suggested it be tested for a year and see if the job gets done and have a clear picture of the revenues The concern should be for the City of Boynton Beach and not the vendor's profits. Vote The motion failed 2 -3 (Mayor Taylor, Commissioners Fitzpatrick and Casello dissenting). Attorney Cherof suggested a motion to table be made. The City Manager can meet with each Commissioner and decide the direction to be taken in the negotiations. Mayor Taylor asked if there was a motion to table the matter to the next meeting. Motion Vice Mayor Hay so moved. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). M. Approve the minutes from the Regular City Commission meeting held on July 16, 2013 N. PROPOSED RESOLUTION NO. 13 -075 - Authorize the City Manager to enter into agreements with Jon D. Gurney, P.A. and James D. Stokes to provide Special Magistrate services for the local hearings of the Red Light Camera violations. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R13 -076 - Approve a contract with Ric -Man Construction Florida, Inc. for the Raw Water Main - Section B project, Bid No. 041 - 2821- 13 /DJL in the amount of $3,112,000 plus a 10% contingency of $311,200 if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $3,423,200. 13 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote The motion passed unanimously B. PROPOSED RESOLUTION NO. R13 -077 - Approve the piggy -back of the GSA contract # GS-07F-9491G with Xylem for the purchase of four Dri -Prime Pumps to provide back -up pumping at Lift Stations 708, 102, 207 & 922 for a total price of $157,008.80. The GSA contract meets or exceeds the competitive procurement process required by the City of Boynton Beach. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion C. PROPOSED RESOLUTION NO. R13 -078 - Approve a one -year extension to the Provider Agreement for "GROUP BENEFITS MEDICAL CLAIMS ADMINISTRATION (TPA) SERVICES AND /OR FULLY INSURED PLAN" with CIGNA Healthcare for the plan year October 1, 2013 through September 30, 2014 as provided under the Terms of the contract with CIGNA and the City of Boynton Beach. Vice Mayor Hay moved to approve Commissioners Fitzpatrick and Casello seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R13 -079 - Approve provider agreement with Metropolitan Life Insurance Company of Plantation, FL (MetLife) for City's "FULLY INSURED DENTAL PLAN ", this is the last renewal period provided for under RFP #060 - 1610- 11 /JMA 14 August 6, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Motion Vice Mayor Hay moved to approve Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion E. PROPOSED RESOLUTION NO. R13 -080 - Approve and authorize a Two Year Agreement between Vision Service Plan Insurance Co. (VSP) and the City of Boynton Beach for Vision Insurance per the Request for Proposal for a "Two Year Contract for a Fully Insured Vision Plan" for the Employees of the City of Boynton Beach; RFP No.: 052 - 1610- 13 /JMA Vice Mayor Hay moved to approve. Commissioners Merker and Fitzpatrick seconded the motion. Vote The motion passed unanimously. 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. None 10. CITY MANAGER'S REPORT A Presentation of Police Department Management Study report by Berkshire Advisors for acceptance by the City Commission in connection with RFP #067 - 2110- 12/TWH "A POLICE DEPARTMENT MANAGEMENT STUDY ". 15 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Ms. LaVerriere recalled it has been a long process to conclusion, in terms of a management review requested by the Commission over a year ago. Mike Walker, with Berkshire Advisors, was the representative with the consulting firm that conducted the study. He worked diligently with staff and spoke with some of the Commissioners individually. Mr. Walker thanked the City. A great deal of data had to be gathered, meetings scheduled and support required from the Department. He specifically thanked Tim Howard who had to organize everything from the City's perspective and now Interim Chief Katz, who was in charge of assembling all the data needed from the Police Department The quality of an analysis depends on the quality of the information provided. The request of the Commission was to conduct a comprehensive review of the Police Department, including how it was managed and operated and examine staffing needs. The process involved understanding the Department from a number of perspectives. The fact finding entailed interviews, briefings and focus groups with members of the Commission, other governmental perspectives from external stakeholders and most of the time was spent with the personnel within the Department itself Two surveys were completed; an employee survey and an activities analysis survey where Officers explain how they spend their time among various activities. There were also focus groups with community representatives, benchmark analysis and best practice analysis. Extensive data and documentation was reviewed. There are core challenges that face the Department and a number of significant challenges. By following the proposed plan, the Department can emerge a much stronger Department that is organizationally capable of providing more responsive services to the citizens. It is to the Department's credit that most of the issues are internal. There is strife within the Department, but it does not seem to affect the quality of service that the citizens receive. The factors that create strife within the Department were identified. The Department lacks a clear sense of organizational identity and shared norms. It creates problems because different people in the Department have different perspectives about basic time management for individuals. There is no sense of organizational purpose for the Department, as a whole, that contributes to the significant amount of factionalism within the Department. Different factions form and people focus on the needs of the smaller groups rather than the overall Department needs. The Department has gone through significant challenges in terms of employee misconduct that served to lower morale and reduce employee pride for some of those interviewed. The employee survey revealed some employees did not want to admit 16 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 they worked for the Department in some instances, while overall they are generally proud to work for the organization. It is a mixed story. The civilian employees do not feel valued by the Department. The problem was larger than other departments studied because the recent cutbacks were borne by the civilian staff. It contributed to the sense the civilian staff is not valued by the Department as a whole. To address the challenges, the magnitude of the issues facing the Department does not allow for the option to take an incremental approach. Forceful action needs to be taken in the short term to signal all stakeholders that change is occurring and the problems are being addressed. In the meantime, systems and processes have to be put in place to sustain the changes long term. In the short term, a number of suggestions were made. First, a vision needs to be developed and articulated that emphasizes how services can be improved to the Boynton Beach community. The focal point could be community policing that provides a vision for change that all employees in the Department can embrace. Second, the organizational structure should be changed. The interim layer of the Majors became a magnet for some of the factionalism that was discovered. It also created a situation that the Chief lost a connection with the troops. The Chief needs to be more actively involved in the Department with a major presence in terms of bringing about change. The suggestion was to create two Captain positions in patrol that would provide a focal point for establishing how the services can be tailored to meet the needs of the different communities in the City. Where there are sworn officers in positions where civilians could be utilized, civilians should be hired. It would demonstrate the belief in the management competency of the civilians and have civilians as leaders of the groups that are predominantly staffed by civilians. Third, basic performance expectations should be established for key positions There are no shared norms in terms of the focus of patrol officers and how officers should spend their time. With standards developed, people can then be held accountable for their job. Three new Lieutenants have been promoted and are already addressing some of the suggestions. Training has to be provided so the expectations are clear and fully understood. In the short term, additional training is needed for the first -line supervisors, the Sergeant who will be responsible to implement any changes. The short term changes should be accomplished over the next six months. Over the long term there are three types of systems that should be developed. First, a system to support the Department's vision for community policing should be established. Three themes emerged from discussions that could be the foundation for the vision. They would be to ensure Officers create a personal relationship with the community residents, tailor services to meet their needs and project a friendly customer- 17 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 oriented attitude. They are easy to say, but hard to implement consistently. To do that, there needs to be a performance monitoring system that tracks progress. Training has to be initiated and organizational changes will assist in the process. There has to be a plan for precise services to be offered and what resources are needed to address the needs of the community as they emerge. Deployment of discretionary staff to focus and support the efforts has to be determined. The Department's use of social media can be used to help support the vision for community policing. Another system for long term improvement is the quality and integrity of Department staff. The process for hiring, training new officers and ongoing support was assessed in light of the issues of misconduct. The hiring process was pretty good. Training new recruits was examined and it was suggested the field training program be strengthened and assure the best Officers are the field training officers. Those officers not performing well during the first year of probation should be dismissed to avoid future problems. Ongoing improvement continues with the theme of the importance of first -line supervision. There has to be a continued focus on high quality and consistent first -line supervision to address problems before they get out of control. A system should be established to ensure consistency in the application of discipline. The disciplinary guidelines should be appropriate. The Department should review the guidelines and their application systematically. If the guidelines are revised, there must be roll call training to ensure the expectations are completely understood. The process has to be as transparent as possible. Privacy issues are a concern with employee discipline. If a consistent approach is related and any variance from guidelines clearly understood, it will help address the concerns of favoritism. The employee survey revealed there was widespread perception that favoritism exists. The best way to avoid the issue is make the process of discipline as transparent as possible. There are other management issues that would benefit the Department. It was suggested there be labor negotiations to allow more flexibility in making supervisory management assignments. The process for making promotions is generally sound; however, there was a recommendation to consider past performance in the determination rather than only performance during the testing cycle. There was a Rule of Five in place that takes the top five candidates and the Chief selects who should be promoted among those individuals. Mr. Martin agreed with that process. There should be a policy rotating specialty assignments so everyone can broaden their experience. Some functions, such as drug related investigations, can increase the risk of malfeasance if rotation is not done. Another benefit would be the Officers would have the opportunity to return to patrol functions, one of the most important functions of the Department, on a regular basis. There are legitimate concerns about the physical facilities that should be addressed long term. The facility maintenance issues should be addressed in the short term. 18 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Many of the employees felt the lack of attention to those issues reflected how they were valued within the organization. Those needs should be accommodated In terms of budget and management, it should be a tool for holding managers responsible for expenditures, especially overtime expenditures, and to improve performance and obtain the necessary resources. It will be an opportunity, once a year, for managers to discuss and evaluate long -term goals and available resources. Consideration should be given to disbanding the S.W.A.T. division. The Department is not small or large and the cost of S.W.A.T. operations is very intense compared to the volume of activity. The Sheriff's Department could provide the service or work with other local communities to create a regional S.W.A.T. task force type organization to share the cost The cost is a burden for any individual community. Sharing the cost and still providing the capacity would be the best solution. The patrol response times could be faster. Lack of sufficient personnel was not the cause. Other steps could improve the response times. The priority of various districts rather than a quick response to all calls is not handled consistently. It was suggested the relationship between the districts and priority of response be more efficiently managed. There are some calls where more officers respond than is necessary and it should be reviewed. Other areas of concern related to supervision and officers returning to service quickly after a call is completed. Oofficers taken out of service to perform an administrative activity should not be during time of high -call volume. There is a dedicated transportation person staffed on most shifts. It was suggested it only be staffed on an as- needed basis There has been a problem with insufficient vehicles so each Officer can respond in their own vehicle and it was suggested the take -home car policy be revisited to maintain deployment in one officer units. All of the concerns would have a significant impact on response time. The staffing levels are more than sufficient to respond twice as fast as currently done. The use of the lights and sirens should only be used when the type of call demands it. Automatic Vehicle Locators (AVL) should be installed on patrol cars to help managers monitor the Officers and it is an issue of Officer safety so they can be quickly located if needed. Traffic enforcement worked well. Their activities should focus on reducing traffic accidents. Code Compliance should be more fully utilized to develop policing plans to address community needs. In the area of Investigations there are Detectives 1 Grade who are supervising each unit. For a long -term solution, the training of Sergeants should include this as first -line supervision responsibilities. In Communications there is a lot of turnover that is not 19 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 unusual. If possible, hiring should be done in advance of need. Technical Services is an area of strength for the Department. A contractor could be used to replace at least one of the positions because the work load ebbs and flows. Staffing and scheduling is an analytical function of the study to determine how many officers are needed to meet a given service expectation. Then, the resources have to be scheduled to meet the need of the community. The response to 90% of the calls is used rather than the average that can be very deceptive. In the narrow category of emergency calls, the current response time is 13 minutes. Non - emergency calls have a response time of 30 minutes. The City should do better. The analysis was based on a six - minute response time at the 90% of call for emergencies and 15 minutes for non - emergency calls. A much higher level of service should be provided. It was determined there is ample capacity to achieve the higher levels of service. In fact, the higher levels of service could be provided with a significant reduction of patrol resources. Two scheduling options were studied. Under the current schedule 21 fewer officers could meet the expectation with the addition of eight civilian positions to handle calls they can deal with, resulting in a net reduction of 13 positions in patrol. With an alternative schedule there could be a net reduction of 15 positions It was not recommended that the number of Patrol Officers be reduced. Rather it is capacity that could be redirected to support other initiatives. It can only be done if the management issues are resolved and efficiency of patrol operations is improved. It would also bolster discretionary resources if needed. The suggestion was made to have fewer Patrol Sergeants and only utilize three per shift to provide adequate supervision resulting in a reduction of nine Sergeant positions. Some of those positions need to go to Investigations where there are no Sergeants. In Communications there needs to be two additional positions. There is not enough capacity to replace vacant positions when there are absences of the current staff. The number of supervisors in Communications was not a problem. The Professional Standards area had a low workload and it could be handled with one Tess Investigator with the provision that a contractor be used for any hiring spurt and increase in background investigations. The Commission had asked for performance metrics that were developed by Berkshire Associates for each unit. Mr. Walker emphasized both the cost and quality needs to be considered. It is easy to improve performance if cost is not a factor. Both cost and quality have to be factored into the equations. Surveys would assist in determining not just the performance measures based on data, but develop information to have a more robust ability to understand the qualitative aspects of performance. Outsourcing some services was studied. There are risks and costs to outsourcing that have to be weighed together. Not many functions were found that could be outsourced. 20 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 The S.W.A T. division was the major one. Automated traffic enforcement was discussed. The processing of traffic tickets that is done by Community Service Officers could potentially be put out for bid. Grant consultants could be utilized for those projects. There may be things the Department and City can share services such as Human Resources. Civilianization was considered for each position. There are a handful of positions performed by sworn officers that civilians could perform. The crime scene and evidence detectives' work had previously been done by civilians that were removed during cutbacks. The activities did not disappear so sworn officers are now completing the tasks. The City should avoid the cycle of replacing civilians with sworn officers. In terms of implementation there are three primary steps. The recommendations should be adopted by agreeing in principal the recommendations are things that need to be addressed and reviewed. Next an implementation task force should be established to study the recommendations and determine if they should be adopted or modified. The personnel and labor implications have to be considered also. The real challenge is to mold the implementation to bridge the gap between the consultants' suggestions and what the Department and City agrees need to be done. A plan for implementation, including a timetable, was outlined in the study to be used to develop the City's plan to hold the Department responsible for implementing. Mayor Taylor asked for a motion to accept the Police Department Management Study. Motion Commissioner Merker so moved. Vice Mayor Hay seconded. Vote The motion passed unanimously. Mayor Taylor commended Mr. Walker on the study and felt everything was covered as requested. He felt the basis for improvement was good management for the Department. The study brought out that changes need to be made and the message has already been sent that top management has been changed. There is a new vision for the Department and Interim Chief Katz has done a good job getting the message across. Many of the changes have already taken place. Mayor Taylor wanted to see sworn Officers really doing police work. Civilians can do the filing and paperwork. Supervisory training is very important and the Commission needs to give the Department the resources to train the supervisors to do an adequate job. 21 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Mayor Taylor believed in a good work environment and people react to their environment The Commission needs to proceed as quickly as possible to give the Police Department a new facility that he fully supports. The long -term recommendations should be considered. Union negotiations should include giving management the flexibility to assign management positions to get the best people for the jobs. He liked the Rule of Five concept for promotions gave the Chief flexibility The response times were of concern. There are many factors and the recommendation does not include reduction in staff, rather better assignment of the resources to improve efficiencies and response times The study was an intense report and provided a good road map for the future. The community feels the Police Department is doing an excellent job and Mayor Taylor agreed and was very proud of the Department. Mr. Walker emphasized there was a need to focus on first -line supervision. The Department does have some outstanding Sergeants. The problem relates to consistency. Commissioner Merker concurred with the statement relating to the citizens' view of the Police Department. It was very positive. He believed there is always in -house disagreement that can be positive and foster more open discussions. Defining the roles within the Department is very important and opens lines for communication. He questioned if elevating from within rather than going outside the Department would be better as things come together. Redefining the position of patrolman to show the quality of the position would create pride in being a patrolman. Another factor was the lack of police vehicles in emergencies and routine patrol that should be carefully scrutinized and resolved. He commended the Police Department because the community respects them and their job and it is a major element of the report. Commissioner Casello felt Chief Katz had already implemented many of the short-term recommendations and the purpose, vision and goal of the organization has been redefined and disseminated to all. The break from the past is done and the future lies ahead. He looked forward to great things happening for the Police Department Vice Mayor Hay agreed with the prior comments. It was too early to see the full impact and he looked for consistency over a period of time. The internal conflicts appear to have been resolved and the City is on the right path. There is a significant amount of work that needs to be done as suggested. Training is monumental because each section of the City has its own needs that must be met. The community policing is an important step. Vice Mayor Hay was concerned about S.W.A.T. and wanted a cost - benefit analysis before any decision is made. 22 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 Commissioner Fitzpatrick questioned why it is the Rule of Five and not three or four or six. Mr. Walker responded it gave the Chief more flexibility. With Tess there would be more confidence in the selection process to identify the right candidates. The Department previously had the Rule of Five and it is reasonable. Flexibility would be the main factor. Commissioner Fitzpatrick disagreed because favoritism would continue to be a factor that would negate the testing process. Mr. Walker pointed out the top five would have to be pretty qualified. Commissioner Fitzpatrick inquired how many individuals actually do the testing and if it is less than five the flexibility is gone. He felt it perpetuates the "good old boy" network because test scores are not highly factored into the ultimate decision. Mr Walker conceded there has to be confidence in the Police Chief to select the best person for the job and not based on favoritism Any number would be acceptable rather than just using the highest score in the testing process. He was not aware of any studies on the specific number. Mr. Walker noted there are concerns within the Department the best people are not being promoted. The recent promotion of three Lieutenants was based solely on the top three test scores and it worked very well and they are highly regarded and initiating change. Leaders are supposed to make good decisions about who is promoted. Commissioner Fitzpatrick was shocked to hear the 13- minute response time on emergency calls because, in his experience, the Police Department frequently arrived on scene before the Fire Department. He would review the data. Mr. Walker advised the time was based on the information provided by the Department. The reliability of the data was questionable. There is no time stamp. The staffing analysis was based on the six minute and 15 minute response time standard. Ms. LaVerriere thanked Mr. Walker and Berkshire Associates and commented the report was very intuitive which is extremely valuable. Many issues were not a surprise and are human resource issues. They are fixable. Overall the Department is outstanding with outstanding performance in terms of making arrests and participation in task forces. It is an exciting opportunity to bring about positive change within the Department. The officers see the change and most are positive about the transition. The majority is a fair statement. The implementation task force will be established and review the recommendations. There will be Department representatives, as well as other City department representatives, to develop a timeline and scrutinize the recommendations. Updates would be provided. Ms. LaVerriere recognized the entire command staff that was present and introduced them individually. She thanked them for attending the meeting demonstrating their support and interest in the Department. Mayor Taylor pointed out the Commissioners are not managers. They have to make sure the best managers and supervisors are provided with the resources needed to be the best they can be. He thanked all the Officers and pledged them support 23 Meeting Minutes Regular City Commission Boynton Beach, FL August 6, 2013 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A. Re- establishing a Community Investment Fund for distribution by the Mayor and Commissioners for qualified programs or projects. - 8/20/13 B. Establishing a Special Event Grants Program - 8/20/13 C. Establishing an Economic Development Special Events Incentive Program - 8/20/13 D. Announcement of First Budget Hearing to Adopt Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6 p.m. in the City Hall Chambers. E. Announcement of Second Budget Hearing to Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers. F Announcement of Special City Commission Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" All present recited the Brand Promise Statement. 16. ADJOURNMENT 24 Meeting Minutes Regular City Commission Boynton Beach, FL There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:24 p.m. ATTEST: m. t M. Prainito, MMC ity Clerk eputy City Clerk dith A. Pyle, C CITY OF BOYNTON BEACH o Casello, Commissioner 25 August 6, 2013