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Minutes 12-17-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, DECEMBER 17, 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 Rabbi Michael Simon of Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Commissioner Casello Lori LaVerriere, City Manager James Cherof, City Attorney Judith A Pyle, Deputy City Clerk Mayor Taylor called the meeting to order at 6:32 p.m. Rabbi Michael Simon gave the invocation Commissioner Casello led the Pledge of Allegiance to the Flag Motion D Brand Promise Statement The Brand Promise Statement was read as follows "It is time to take a look at Boynton Beach Its energetic downtown revival emanates from the busy Boynton Harbor Marina docks to the community's historic heart and soul." E. Agenda Approval. 1. Additions, Deletions, Corrections Mayor Taylor pulled Item 6.B for a presentation. 2. Adoption Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2. OTHER A. Informational Items by Members of the City Commission December 17, 2013 Commissioner Casello had met with Redevelopment Management Associates (RMA) and spoke with Christopher Brown, a partner. He had met with Tom Hayden, the Project Manager, for the 500 Ocean Avenue development. It was agreed that open communication was needed to keep the project on track. Many of the Commission members attended the Florida Power and Light lighting of a home for the holidays and ribbon cutting for the opening of Hurricane Grill and Wings restaurant Commissioner Casello particularly enjoyed the Chamber of Commerce luncheon entertainment provided by the Dimensional Harmony Choir from Boynton Beach High School and led by Sterling Frederick. There are 50 students who have appeared on the Tonight Show and sung at Carnegie Hall in New York City. The Commissioner had also attended a memorial service for a fallen Boynton Beach firefighter, Jeffery Kinbacher. He congratulated Chief Carter and staff on the beautiful "A Gift of Life" ceremony that was conducted at the services. Commissioner Merker noted the City was privileged to have Police Chief Jeffrey Katz and commended him on his presentation relating to Smart Water. Commissioner Merker thanked the staff for their patience and willingness to assist him as a new Commissioner. Most employees are loyal to the City and their jobs are 24 hours a day. He appreciated all their efforts. He wished all a Merry Christmas. Vice Mayor Hay affirmed all the previous remarks and added he had met with the Police Chief, City Manager and a group of residents about bringing safety to communities. Vice Mayor Hay was excited about what was being done and the efforts to make the City a safer place. He remarked the Christmas presents and lighting done by Florida Power and Light for a resident was indescribable. He also mentioned he had attended the 44 Annual Tri -City Barbeque in Belle Glade held for all the City officials in Palm Beach County It was well attended. The Christmas parade was an event Vice Mayor Hay thoroughly enjoyed and would miss after his term expired. He wished all Happy Holidays. Commissioner Fitzpatrick had attended the Holiday Parade and tree lighting as all the Commission had done He had gone to the Palm Beach League of Cities luncheon at Atlantis with other elected City officials. He also attended the Chamber of Commerce luncheon and the DEC Holiday party Commissioner Fitzpatrick was a Holiday Boat Parade judge 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 He attended the funeral for Firefighter Kinbacher, a classmate of his in fire school training and hired together when Fire Station #3 was opened. They did not always agree on political issues or medical issues, but he was a "good guy" that died too young Commissioner Fitzpatrick had visited with the City Archivist and discussed a scrap book on Warren G. Grimes, a resident of the Boynton Beach area and reported to be the 3rd richest man in America. He was responsible for dredging out Lake Ida and was very involved with the four acres at the north end of Lake Ida Park that would hopefully become a passive park and greenway connection. He had been present for the swearing in of three new Police Sergeants, an important part of the future direction of the Boynton Beach Police Department. He extended his congratulations Mayor Taylor bragged about the Dimensional Harmony Choir that had won national awards, sang at Carnegie Hall and was one of sixty choirs in the United States chosen to compete to find the best high school choir. Only 17 choirs remain in the competition and the Dimensional Harmony is one of those schools still competing. The City of Boynton Beach should be proud of their presentation and voices. The students were giving their all and he suggested local businesses may be interested in donating services to assist the participants with the expenses to compete. There was also a ribbon cutting for a new business at Marina Village called Bellagio Furniture. It sells hand -made furniture from Italy and he was glad to see another new business within the City. Last week Mayor Taylor had gone to the third open house held by the Police Chief at Leisureville. It was informative and very well received. They did raise concerns about the road striping along Congress Avenue and in Leisureville. He asked the City Manager to work with Mr. Livergood and obtain a schedule of when the County and City does that type of work. Commissioner Merker advised he had met with Commissioner Abrams and other Commissioners. He was told the striping was to be completed by October 15 He would again speak with one of the County Commissioners and inquire about the safety issue of road striping. Vice Mayor Hay advised the Moms' Night Out put on by the Children's Schoolhouse Museum was not well attended He hoped the Commission could lend more support of the event to increase attendance. Vice Mayor Hay had also celebrated with Ms. Hilda Girtman -Pitts on her 100 birthday. She and her six friends had lived a total of 566 years 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Proclaim January 2014 as Stalking Awareness Month. Accepting the Proclamation will be Jennifer Rey, Violence Prevention Coordinator for the Aid to Victims of Domestic Abuse, Inc. (AVDA), a Palm Beach County non - profit organization. Mayor Taylor read the Proclamation for January, 2014 as Stalking Awareness Month and presented it to Ms. Rey from Aid to Victims of Domestic Abuse Inc., a non - profit organization. Ms. Rey accepted the Proclamation and thanked the Commission and City of Boynton Beach for recognizing the importance of preventing domestic violence. B. Proclaim January 27 - February 2, 2014 as National Drug Facts Week. Accepting the Proclamation will be young Marine Sgt. Randall B. Townsend. Lance Corporal Kaiden BoIIy accepted the Proclamation for National Drug Facts Week He thanked the Commission for their support. Mayor Taylor read the Proclamation and commented he appreciated the work of the young Marines C. Proclamation congratulating the Health Care District of Palm Beach County on their 25th Anniversary. Accepting the proclamation will be Dr. Ron Wiewora, CEO and Medical Director for the Health Care District of Palm Beach County Mayor Taylor read the Proclamation commemorating the 25 Anniversary of the Health Care District of Palm Beach County. Dr. Ron Wiewora was present to accept the Proclamation and indicated the organization looked forward to another 25 years of serving the community. Commissioner Fitzpatrick commented, from his experience, the Health Care District is an important asset of Palm Beach County. D. Announce Economic Development Workshop for the City Commission and CRA Board to be held January 29, 2014. Mayor Taylor announced the City Commission and CRA Board would be holding a workshop on January 29, 2014 at the Intracoastal Park Clubhouse from 2 p.m. to 4 p.m. 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) 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Michael Byrd, 7107 Pinehurst Drive, President of East Boynton Wildcats, advised they had eight teams from ages 4 to 15 and five of those teams played in the League Super Bowl. Two teams won the Super Bowl in the League and were invited to play in the National Championship held in Tampa. The teams went to the competition and the 8 and under team came in 4 out of 16 teams in the division The 10 and under team took first place as National Champions. Mayor Taylor commended the players and noted they should be proud of themselves and how they represent the City of Boynton Beach in an exemplary manner. Keep up the good work. Janet Morgano, 803 NE 3rd Street, spoke for the single parents, those with disabilities and others living pay check to pay check that have issues with the water billing cycle. In July, September and December she received two bills in one month. Customer Service explained the area was short on meter readers causing the issue. It is difficult to handle living on a limited budget. She hoped things could be changed. She had asked for a change in date, but still gets assessed late fees. Mayor Taylor advised the issue would be reviewed and a response sent to Ms. Morgano Commissioner Casello had also received similar complaints. He understood the billing cycle was being revamped. Ms. LaVerriere suggested the second bill may be a reminder notice. The bills were somewhat unclear on the due date and when it would be considered past due and a late fee assessed. The language was changed to clarify the specific dates. There are 16 cycles and the billing time cannot be altered with over 30,000 customers. There would be a change in the template of the water bill over the next 30 days Ms. LaVerriere agreed to examine the account and contact Ms. Morgano. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE December 17, 2013 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: 4 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Education & Youth Advisory Board: 3 regulars, 2 alternates, 2 students and 1 student NN Financial Advisory Committee. 2 regulars and 2 alternates Library Board: 3 regulars and 2 alternates Recreation and Parks Board. 3 regulars and 2 alternates Planning and Development Board: 5 regulars and 2 alternates 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Senior Advisory Board: 2 regulars and 1 alternate Veterans Advisory Commission: 3 regulars and 4 alternates December 17, 2013 Vice Mayor Hay appointed Michael BesseII as a regular on the Building Board of Adjustments and Appeal. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion Commissioner Fitzpatrick moved to appoint Timothy Rurey as a regular on the Building Board of Adjustments and Appeal Vice Mayor Hay seconded the motion Vote The motion passed unanimously. Motion Commissioner Merker moved to appoint William Bone as a regular member on the Cemetery Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay appointed Mary Morera as a regular on the Education and Youth Advisory Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously Motion Commissioner Fitzpatrick appointed Steven Waldman as aregular on the Education and Youth Advisory Board. Commissioner Casello seconded the motion. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion December 17, 2013 Commissioner Merker moved to appoint Kellsie Kershaw as a student member of the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Commissioner Casello nominated Valencia Spells Anderson as a regular member of the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously Motion Commissioner Merker moved to appoint Valerie Pleasanton as a regular member. Vice Mayor Hay seconded the motion Vote The motion passed unanimously. Motion Vice Mayor Hay moved to appoint Laurie Sulzer as a regular member of the Library Board. Commissioner Merker seconded the motion Vote The motion passed unanimously Motion Commissioner Fitzpatrick moved to appoint Barbara Wineberg as a regular on the Library Board Vice Mayor Hay seconded the motion 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously Motion December 17, 2013 Vice Mayor Hay moved to appoint Charles Kanter to the Recreation and Parks Board. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Commissioner Fitzpatrick moved to appoint Elizabeth Pierce -Roe as a regular member of the Recreation and Parks Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously Motion Commissioner Fitzpatrick moved to appoint Brian Miller as a regular member of the Planning and Development Board. Vote The motion passed unanimously. Motion Commissioner Casello moved to appoint David Katz to the Planning and Development Board Vice Mayor Hay seconded the motion. Vote The motion passed unanimously 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion December 17, 2013 Mayor Taylor appointed James Brake as a regular member of the Planning and Development Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker moved to appoint Ryan Wheeler as a member of the Planning and Development Board. Vice Mayor Hay seconded the motion Vote The motion passed unanimously Motion Mayor Taylor moved to appoint Aieshia Macon as an alternate member of the Planning and Development Board Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay appointed Stephen Palermo as an alternate member of the Planning and Development Board. Commissioner Casello seconded the motion. Vote The motion passed unanimously Motion Commissioner Fitzpatrick moved to appoint Lillian Bruzzese as a regular on the Senior Advisory Board. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion Commissioner Casello moved to appoint Floyd Zonenstein as a regular on the Senior Advisory Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously Motion Vice Mayor Hay moved to appointed Thomas Kaiser as a regular on the Veterans Commission Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Commissioner Fitzpatrick appointed Stuart Preston as a regular member of the Veterans Commission. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously Motion December 17, 2013 Commissioner Casello appointed Bridget Roberts as a regular member of the Veterans Commission Vice Mayor Hay seconded the motion. Vote The motion passed unanimously 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion December 17, 2013 Commissioner Merker appointed Robert Manson as an alternate on the Veterans Commission. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Mayor Taylor appointed Stanley Gavlick as an alternate on the Veterans Commission. Vice Mayor Hay seconded the motion Vote The motion passed unanimously. 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 i tem, with all of the accompanying material to become a part of the Public Re cord and subject to staff comments A. Accept the City of Boynton Beach FY2012/2013 Annual Grants Report. B. Approve the Recreation & Parks Department 2013 -2017 Strategic Plan. Wally Majors, Recreation and Parks Director, gave a presentation on how the 2013- 2017 Strategic Plan was developed. The strategic plan is important so those individuals in the organization understand the direction of the Department and path to achieve the goals Analysis was done of the programs, facilities, communication, work flow and delivery of services to the community. It is critical to understand the strengths and weaknesses of the organization There needs to be an action plan established that is reflective of the challenges to accomplish the established goals. Other organizations that provide similar services were contacted to make a comparison. There is an internal SWOT (Strengths, Weaknesses, Opportunities and Threats) analysis and a needs assessment that was conducted It established a guide for the Department over the next five years. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL The new plan endeavored to involve all of the staff and required a critical view of the Department vision and how staff contributes to delivery of the services. The values had to be clearly identified and the feedback from stakeholders established the external values of the Department. Ultimately the Department plays a key role in the branding of the City. The staff is ambassadors for the City and they embrace the concept of branding. Everyone in the Department understands the idea of the branding and strives to convey a good image of the City. The goals address the challenges and strengthening the financial performance of the entire Department The staff takes great pride in being a nationally accredited Department, but continues to strive to be the very best the Department can be. It includes all positions within the Department and an investment in providing training, supplying motivation and finding ways to be consistent in how the Department functions. The aim would be to build community trust by doing a good job. Commissioner Merker agreed with Mr. Majors that the beach was important to the identity of the City and must be maintained. Mayor Taylor noted compiling a strategic plan takes a great deal of work and effort. The Department and staff do a great job. Motion 12 December 17, 2013 Commissioner Merker moved to approve the Strategic Plan of the Recreation and Parks Department. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. C PROPOSED RESOLUTION NO. R13 -136 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool D Approve award of the Bid for the "REPLACEMENT OF EXISTING ZETRON SYSTEM WITH A ZETRON IP BASED ALERTING SYSTEM" Bid No 014 - 1810-14/JMA to Communications International Inc. of Doral, FL as the lowest, most responsive, responsible bidder meeting all specifications for the amount of $59,849.96. E. Approve piggy -back of Palm Beach County School District bid #10C -92T Term Contract for HVAC Mechanical Contractors with Stokes Mechanical Contractor, MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion December 17, 2013 Inc of Lake Worth, FL in the amount of $36,404.28 to replace coils in the 50T HVAC system at the West Water Plant for $28,811.28; and, to replace one (1) compressor in a 20T HVAC system, #AHC /CU -2 at the Utilities Administration building for $7,593.00 The quotes reflect a 20% discount on equipment and parts and an hourly rate of $75 in accordance with the Term Contract approved by the PBC School District F Approve a one year Maintenance Renewal Agreement with Laser fiche Solutions Group, for the City's Record Management System, Laser fiche Software, in the amount of $28,080.00. G Accept the written report to the Commission for purchases over $10,000 for the month of November 2013. H PROPOSED RESOLUTION NO. R13 -137 - Approve modification of an already approved easement on City property to the Florida Department of Transportation for the construction of a sound barrier wall adjacent to Golfview Harbor I Approve the minutes from the Regular City Commission meeting held on December 3, 2013 J. PROPOSED RESOLUTION No. R13 -138 - Approve a request to pay $9,375 to support participating entities of the C -51 water reservoir and storage plan to conduct a comprehensive estimate of the cost of implementing the project 7. BIDS AND PURCHASES OVER $100,000 A Approve the one -year renewal to piggy -back a bid for the procurement of chemicals for the Water Treatment Plants as outlined in the written report for December 2013 - "Request for Bid Extensions and Piggy- backs" Vice Mayor Hay moved to approve the bid Commissioner Merker seconded the motion Vote The motion passed unanimously 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 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 None 11. UNFINISHED BUSINESS A Consideration of short sale request by Matthew Zeller Ms LaVerriere recalled the matter was brought before the Commission during Public Audience at the last meeting. It relates to SHIP funding and a request for a short sale Attorney Cherof pointed out there was a memorandum included in the materials provided to the Commission from Ms. Sherrod and himself that gave a chronological and factual report. Nancy Byrne, Director of Development, explained an applicant for SHIP funding had encountered financial difficulties and was asking for relief using a short sale of property. The City has a policy and guidelines relating to this type of request. A process is undertaken to determine if a true hardship exists. Alternatives to making an exception to the policy were included in the staff report. There were attempts to assist the applicant with the situation, as opposed to making an exception to the policy Mayor Taylor emphasized the following excerpt from the staff report, "Allowing the short sale may be establishing a precedent for others that were assisted through the SHIP program to be able to benefit from the short sale policy while not having to comply with other City policies and SHIP program guidelines. As an alternative City staff could refer Mr Zeller to lenders who may be able to assist him in accessing equity out of his other two properties he co -owns to pay off the City's $30,000 mortgage. The City could work with Mr. Zeller and the first mortgage holder to discuss a different repayment amount acceptable to the City. The new settlement amount would be brought back before the City Commission for approval. The City could take a security interest in one or more of Mr. Zeller's other properties he currently co -owns, allowing him to sell the unit under consideration " 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 At first, Mayor Taylor wanted to allow the short sale because he is an employee. However, there are concerns about establishing a precedent for others and the impact on the City in the long term. Commissioner Merker understood the Mayor's position, but questioned if each case could be dealt with individually, rather than affecting other loans. Commissioner Merker wanted to assist the employee. Attorney Cherof pointed out the fact the applicant is a City employee should have no impact. In the event of an audit, if the trend indicated that City employees were treated differently than non -City employees, it would be problematic for the City and a signal that the standards are not applied equally to all applicants Attorney Cherof also noted because the applicant did not file the traditional application and provide information; staff had to seek out the information including the data on the bankruptcy The bankruptcy was actually filed in 2011 and Mr Zeller was discharged from that bankruptcy in February of 2012 The issue of hardship was resolved at the time the case was resolved and most debts extinguished. Attorney Cherof added no single case relating to the short sale issue can stand alone. They are interconnected because the City may have to defend the totality of how short sales have been addressed. The totality should reflect neutrality and consistency. In his opinion each case does not stand alone. Vice Mayor Hay added he could not see the hardship and could not support the request. A housing burden is when the home buyer's housing expense exceeds 30% of the total household income. Mr. Zeller's salary and home expense only come to 15% of his income. If his wife's income is added the 15% would be even lower. Vice Mayor Hay understood Mr. Zeller lives outside the City and the policy requires residency in the property. The property is being rented without a Business Tax Receipt, a violation of the City's Code. He added the filing of bankruptcy relieves the burden of debt. Vice Mayor Hay could not support the request for a short sale. Commissioner Casello recalled the first settlement figure was $2,600 and it is now $3,000 Is the offer of settlement negotiable? Attorney Cherof explained the figure is driven by the first mortgage holder. They would try to reduce the amount the City would be paid, if anything. The number would be negotiable. Octavia Sherrod, Community Improvement Manager, explained the short sale policy indicates the amount is based on the balance of the outstanding mortgage. Short sale policies across the State were reviewed in making the policy for the City of Boynton Beach. The amount would be calculated on a percentage of the outstanding balances owed. It can fluctuate. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Fitzpatrick was annoyed that the real estate agent had attempted to take advantage of the City and did not want to encourage that type of behavior in the future. He thought the recommendation of staff should be followed. Motion December 17, 2013 Mayor Taylor was concerned about possible audits on the SHIP funding. He wanted to deny the request for the short sale, but ask the City to work with Mr. Zeller on the other alternatives to assist him. Commissioner Casello seconded the motion. Vice Mayor Hay reaffirmed the motion by Mayor Taylor and Commissioner Casello confirmed his second to the motion. Vote The motion passed unanimously. 12. NEW BUSINESS A. Review and action on Annual Performance Evaluation for City Manager. Commissioner Merker felt the City was lucky to have Ms. LaVerriere as City Manager and thanked her for all the help she had given him. If the highest rating was five stars he would give her a six. Commissioner Fitzpatrick commented Ms. LaVerriere presents well and looks good, but was not sure if that was a true measurement. In speaking with other staff the comments were all positive. She deserves accolades. Vice Mayor Hay remarked making Ms. LaVerriere the full time City Manager was a highlight of his tenure on the Commission. He had high regards for her professionalism, ease of communication and her tenacity to get the job done. His only criticism was she needed to learn to take time for herself. Commissioner Casello commented the City was blessed to have Ms. LaVerriere as a City Manager She took the prior Commission and transitioned to three newly elected Commissioners by stabilizing the path of the City and treating everyone equal. She shared information constantly with the Commissioners and responded to most issues quickly and efficiently, making everyone look good. She is an outstanding City Manager and she is a leader. Mayor Taylor advised he had read the evaluations and she was rated outstanding and he agreed. Her accomplishments have been incredible internally and externally. She is responsible for over 700 employees on a daily basis. He compared her salary to that of City Managers in other municipalities Other employees received a 3% increase; 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 however, the City Manager effectively manages the entire City on a daily basis. Mayor Taylor suggested a 6% increase that would bring her salary to $174,900, approximately a $10,000 raise He was open to discussion. Commissioner Merker concurred with the Mayor and other Commissioners. He asked if the City was in a position to surpass the increase that the other employees received. In 2012 Ms. LaVerriere had been given a raise. She replied salaries were calculated at 3% across the board for all employees and it was currently budgeted. Commissioner Merker wanted to keep it that way and perhaps next year there would be consistent growth in the City Vice Mayor Hay thought it was interesting because he was contemplating a 5% to 7% increase He would agree with the 6 %. She is the leader of the City and had it not been for her leadership the City would not be in its current position. He would support a merit increase of 6 %. Commissioner Casello noted negotiations were ongoing with some of the unions. It was not appropriate for the Commission to award 6% raises. It is well deserved; however, the employees cannot be told 3% is all that can be given and then give a greater increase to the City Manager. He proposed the 3% increase be awarded and under additional benefits the language be changed so the City would pay an amount equal to 10% of the City Manager's base salary or $13,200 annually, whichever is "more" into her ICMA retirement fund. Commissioner Fitzpatrick agreed with Commissioners Merker and Casello that the raise should be consistent at 3% for all employees. He could not agree with the increase in another benefit because it would equate to another type of raise. The unions have supported a 3% and hold the line on other benefits and issues. He would support the 3% increase, but not a change in additional benefits. Mayor Taylor pointed out 3% to a large group of people would be a significant total amount The City Manager, who controls everything, would equate to only a $10,000 expense with a 6% increase The increase would not be unusual even in the private sector for a CEO Commissioner Merker opined the issue is a national concern because a select few get outstanding raises on a continuous basis. If it were not for the hard working mass, the leaders would not look good He believed Ms. LaVerriere deserved more than the 3 %. But he emphatically did not agree with an increase in pension benefits. He hoped next year would be even better and then the other City employees and the City Manager can received an even better raise. Stability is vital and upsetting that balance would not be economically sound. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 Mayor Taylor emphasized that a 3% raise would be less than $5,000. Her performance requires much more. It will not bring her near to most of the other City Managers in the area. He felt strongly she had earned a higher raise. Commissioner Merker did not disagree with the Mayor; he was just using common sense not to reward when revenue and expenses are uncertain. He wanted a second year of positive returns before higher raises are given. The City had to be viewed as a whole. Viewing the increase individually is incorrect, not financially sound judgment and wrong for the morale of the other employees Vice Mayor Hay recalled eighteen months when the City was not in good standing and Ms. LaVerriere stepped in and turned things around. He would agree to reduce the raise to 5% based on her accomplishments and the salaries of other City Managers even in smaller municipalities. Commissioner Fitzpatrick questioned the length of service of other City Manager salaries that were being used for comparison. If they have a significant service time they should be making more. Many increases were awarded during the economic bubble. Other cities may also have a higher tax base than Boynton Beach The reality is the comparisons are not equal. The City Manager is the highest paid employee in the City so her 3% would be more than a firefighter, police or blue collar worker increase. She will still receive more money than the other employees. At 2 a.m. the most important people in the City are the police making arrests and they wanted 7% or better He predicted the hypocrisy would be evident if there was not equality. Commissioner Casello reiterated his suggestion that the pension contribution language be changed to 8% of the base salary or $13,200 annually, whichever is more. Otherwise her retirement will stay the same regardless of any increases. Attorney Cherof agreed the modification in terminology could be done Commissioner Merker emphatically disagreed. The biggest problem in the City, State and country is the benefit of pensions. He was against the modification of a pension benefit for one individual. He repeated Ms. LaVerriere deserves a better raise, but the financial stability of the City should come first Motion Commissioner Fitzpatrick moved to give the City Manager a 3% raise. Commissioner Merker seconded the motion. Commissioner Casello moved to change the word in her defined additional benefits from "less" to "more" no matter what percentage is agreed upon. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 17, 2013 Attorney Cherof advised Commissioner Casello's motion was not an alternate motion. It is an amendment to the original motion. Commissioner Fitzpatrick announced it was not acceptable to the maker of the motion. Mayor Taylor called for a vote on the motion for a 3% increase. Vote The motion passed 3 -2 (Mayor Taylor and Vice Mayor Hay dissenting) Motion Commissioner Casello moved to change the word "less" to "more" in the ICMA retirement fund benefit section. Vote Mayor Taylor declared the motion failed for lack of a second. B. Discussion of revision of Ordinance No. 07 -004 to modify the commencement of terms for Board Appointees from December to April to coincide with the City election sequence. Commissioner Merker contended appointments should be made by the recently elected officials. He disagreed with appointments being made when an election is up coming. The newly elected officials should have the opportunity to vote on appointments. Vice Mayor Hay countered that new board members have enough challenges being newly elected officials. There is a learning curve for elected officials and they will understand better when the appointments are made later in their initial term. It takes time to meet and know the individuals involved and the purpose and function of the boards. The boards are very important and the elected officials need to be well informed on the duties and responsibilities of each board before selecting who should serve on the boards Mayor Taylor agreed with the Vice Mayor and did not see any reason to change. Commissioner Merker interpreted it was the respect of the people who just voted for new elected officials and apparently wanted new people on boards. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner Merker moved to change it so the new Commissioners had the opportunity to appoint new board members. Vote Mayor Taylor declared the motion died for lack of a second. 13. LEGAL December 17, 2013 A. PROPOSED ORDINANCE NO. 13 -036 - SECOND READING - PUBLIC HEARING - Repealing Part II, Chapter 2, Administration, Article VI, Sec. 2 -101 through 2 -106 of the City's Code of Ordinances (Ordinance 90 -79) which created the Boynton Beach Community Relations Board. Attorney Cherof read Proposed Ordinance No. 13 -036 by title only, on second reading. Mayor Taylor opened the issue for public hearing and no one came forward. Vote Deputy Clerk Pyle called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Continue discussion of possible acquisition of Lake Ida Parcel (4 acres). 1/21/14 B. Review of ITS 5 -year Strategic Plan - 01/07/14 15. BRAND PROMISE STATEMENT "Breeze into Boynton Beach — American's Gateway to the Gulfstream" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:03 p.m. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: et M. Prainito, MMC y Clerk Tr., scribed by Judith P /putt' City Clerk yle, CMC CITY OF BOYNT_ ON_B€ACH ry Taylorj, Mdyo r i►i� / �'' /� % r 't • avi• ere , Com ss • er _�. ` 44 r 1 ichael Fitzpa rick, Commis 1 � 1 oodrow L. Hay,Vcg Ma D i T Merke C e Casello, Commissioner 21 December 17, 2013 loner