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Minutes 02-04-14PRESENT: MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 04, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M.Fitzpatrick, Commissioner Joe Casello, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to order — Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Roll was called and all members were present. B. Invocation C. Pledge of Allegiance to the Flag The invocation was offered by Vice Mayor Hay who then led the Pledge of Allegiance to the Flag. D. Brand Promise Statement At the Mayor's request, everyone recited the City's Brand Promise Statement. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Casello pulled Item 6.F for discussion. Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 2 FEBRUARY 04, 2014 Commissioner Casello reported he attended a small business grand opening called; "Pure Barre" located at 522 W. Woolbright Road, an exercise establishment based on a ballerina's bar with mirrors. He also attended the Economic Development 101 meeting with Kelly Smallbridge who gave good insight of what direction the City needs to go in. Some of the weaknesses and strengths were pointed out and what can be done to get Boynton Beach moving in the right direction. The 5K Barrier race is scheduled for Saturday, February 8 The Commissioners have a team that was put together by Adam Turey of the Fire Department. Commissioner Casello discussed the issue of deceased animals in the roadways. Staff worked diligently on this and the City now has a private vendor. Citizens will call the Sheriff's office at (561) 732 -8116 and report the location to the dispatcher. The animal will be picked up within four hours and no later than 24 hours. There will be a fee of $45 for an animal weighing Tess than 100 pounds. Lastly, Commissioner Casello asked the City Manager to investigate producing a mailing with a refrigerator magnet containing the essential department numbers; everyday numbers and emergency numbers. Commissioner Merker stated he attended a City Commission meeting in Ocean Ridge to hear discussion about the renaming of the beach. Commissioner Merker met with the heads of each department to get their opinion about going back to the five day work week. Mayor Taylor requested Commissioner Merker hold his comments for later in the meeting. Commissioner Merker wanted to thank the heads of the departments for giving him their time. Vice Mayor Hay reported he attended the First Annual Green Gala Dinner Dance at the Omphoy Ocean Resort. There were several members of staff who attended and everyone had a great time. Vice Mayor Hay also attended the Economic Development 101 with Kelly Smallridge and commented it was great. Vice Mayor Hay offered some advice /comments to his fellow Commissioners now that his term is ending next month. Each Commissioner represents the entire City, but is elected by Districts. It is common courtesy to inform a Commissioner of a particular District when another Commissioner, not of that District, is making statements that may create controversy. Lastly, Vice Mayor Hay stated this is the second year of "Let's Move Boynton ". It started with a friendly competition between himself and the Mayor of West Palm Beach, Geraldine "Jeri" Muoio. This year the activity escalated with many more participants and the City of Boynton Beach won! A total of 164,620 minutes were logged for the City. Vice Mayor Hay commended the staff and residents who participated. Next year will be even better. Commissioner Fitzpatrick reported he attended a fund raiser for Maria Sachs who is running for State Senate again. He also attended the Seagate Country Club to give a State of the City address to the condo association. Commissioner Fitzpatrick attended the Green Gala with the other Commissioner's. Commissioner Fitzpatrick gave another State of the City address at MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 Sterling Village. He also attended the Economic Development 101 workshop with the other Commissioners and attended the "Let's Move Boynton" wrap up. Commissioner Fitzpatrick mentioned an email he received from someone who was making a lot of negative comments about Boynton Beach. He responded and realized the email was three years old from someone called Bob Grange who is now a Gulfstream Town Councilman. Commissioner Fitzpatrick and Mr. Grange met to discuss different issues. One issue they both had in common and were concerned about was sea level rise. Mayor Taylor reported he also attended the Economic Development 101 workshop with Kelly Smallridge who did an excellent job and gave a lot of good facts about Boynton; where we are as a City and where we are trying to go. The Mayor attended the Green Gala and complimented the Chamber of Commerce for it being one of the best events the Chamber has held. It was outstanding. Their work with the City and the CRA is a great combination to get the City going on an economic level. Mayor Taylor went to the Dewey Park Boutique. It is a very nice thing to do on a Sunday. Also on Sunday, Mayor Taylor attended the memorial ceremony for the sinking of the Dorchester which honors the Four Chaplains. The Veterans have been hosting this event for over 20 years. It was held at the First Presbyterian Church and approximately 70 people attended. Mayor Taylor attended the Forum Club in West Palm Beach. The guest speaker was Chief Justice of the Supreme Court Samuel A. Alito. He talked about many things regarding the Supreme Court. One interesting fact was the 8,000 -9,000 requests received per year to hear cases. Four of them have to vote in order to hear a case. Once they do, it takes five of them to pass it. Of the 8,000 -9,000 requests, only about 80 -90 cases a year are heard 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the Boynton Beach Recreation and Parks Department "Family Field Day" event, which will be held at Wilson Park, located at 225 NE 12 Avenue on Sunday, February 15, 2014 from 11 a.m. to 1 p.m. Wally Majors, Recreation and Parks Director, announced the latest news from the Florida State Surgeon General and Secretary of Health, Dr. John Armstrong. The top public health threat to our future in Florida is obesity. Two - thirds of Floridians will be obese by 2030 if changes are not made. One of the main reasons events are organized at the parks every month is to get people moving and active. Mr. Majors invited everyone to take part in the "Family Field Day ". There will be relay races, obstacle courses, face painting and many more activities. B. Presentation of the City's Economic Development Web Page — byb2boynton.com. "Bring Your Business to Boynton.com ". Economic Development Initiatives and Implementation Plan (EDIIP) #37 Scott Kline, Economic Development Manager, commented Kelly Smallridge recently gave a presentation on Economic Development 101. In her presentation she talked about specific information businesses look for when deciding to start-up, expand or relocate to another City 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 4. PUBLIC AUDIENCE 4 FEBRUARY 04, 2014 and how they find that information. The number one way businesses find the information they need is through the City's website. The City recently created an economic web page, byb2boyton.com. Mr. Kline gave a slide presentation of the web page. The Welcome Page provides basic contact information, Facebook and Twitter account information, a basic introduction to the City as well as developments under progress. The Quick Facts page gives businesses information on what life is like in Boynton Beach and provides information on things happening in the City such as; Art in Public Places, education and the fact Boynton Beach has an A -Rated High School. People can also find interesting facts such as the City has 14 institutions of higher learning within one hour driving distance of Boynton Beach. Businesses relocating sometimes look for incentives. The web page has an Incentive and Programs page that shows incentives in place locally; interior build -out and rent reimbursement. It also gives information on incentives in the county, state and national economic development programs. The News and Testimonial page gives third party testimonials from businesses already here and why they decided to relocate to Boynton Beach. In addition to testimonials there is also information on this page about the latest economic development news and trends. Lastly, the web page provides information in Spanish and the staff is multi - lingual and can provide information in any language. Mr. Kline stated the website will be updated regularly with information such as properties for sale or lease. Commissioner Casello inquired if the logos of the businesses already in Boynton Beach will be on the web page and Mr. Kline replied they would. They will be contacting the business for authorization to use their logos on the web page. Mayor Taylor thanked Mr. Kline and expressed how important a web page like this is for businesses thinking of relocating to Boynton Beach. Mr. Kline gave special thanks to Gigi Hart for all her work on the web page. C. Due to Passover, the April 15, 2014 City Commission Meeting has been rescheduled to Wednesday, April 16, 2014. Mayor Taylor announced the change of the April 15, 2014 City Commission meeting to April 16, 2014. 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) David Katz, 67 Midwood Lane, commented he is a 32 year resident, tax payer and voter in Boynton Beach and has the right, if not the responsibility to point out and describe the political ineptness of elected officials. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 5 FEBRUARY 04, 2014 Mr. Katz stated at the January 7 meeting, Mr. Merker attempted to involve himself in Commissioner Casello's upcoming election by asking a former two -time candidate to run against him. At the January 21 meeting, Mr. Merker did not know where the Meadows community was and made known his intentions to run for Mayor in 2016. He has not denied his political ambitions or his extreme lack of knowledge of the City. At both meetings, Mr. Katz stated he addressed Mr. Merker on a political level and not a personal one. Mr. Katz commented Mr. Merker stated he was un- American, ignorant and stupid. He quoted Mr. Merker's statement from the minutes of the last meeting; "Ignorance was terrible, and stupidity was worse ". Mr. Katz stated he found it interesting that an article in the Sun - Sentinel of January 30, 2014 said; Boynton Beach Commissioner David Merker blames his "stupidity" for his recent run with the Florida Commission on Ethics. Mr. Katz also questioned Mr. Merker's comments about the level of communication Mr. Katz has with his adult children. Mr. Katz remarked Mr. Merker's attacks show he has no filter. Nancy Filian, 17 Fairway Drive, President of the Boynton Beach City Library, spoke about the Friends of the Library program. The goal of the library is to keep the children of Boynton Beach reading and learning. The library is always filled with children in the mornings and teenagers and middle - school children in the afternoons. There are also many children on Saturdays. The Friends of the Library program raises money in order to continue providing the special events and resources children need to keep reading and enjoying it. Money is raised through the book store which is run by volunteers. There will be a benefit luncheon on Monday, February 17 Presidents' Day at Benvenuto Restaurant. Dr. Robert Watson, author, historian and professor will be the guest speaker. Dr. Watson and his son wrote a book called; "Tsunami" which was inspired by a true story. Tickets are $50 which will include the luncheon, an auction and the speaker. All are invited. Ms. Filian distributed flyers for the luncheon. Michael Byrd, 7107 Pinehurst Drive, is President of the East Boynton Wildcats, a youth football and cheer program. Mr. Byrd came to the Commission meeting in early January with students to speak about winning the National Championship. The East Boynton Wildcats won the Partner of the Year award which is given to the team who has not had any league violations and whose leadership is giving children the best education it can give. Out of the entire league, the City of Boynton Beach East Boynton Wildcats received the Partner of the Year award for the second time in three years of its existence. Terry lames, 656 NW 1 Avenue, commented she has been a resident of Boynton Beach all of her life. She spoke about the flooding in Industrial Park west of 1 -95 that had four feet of water. Everyone in the community pays for storm water every month and the storm drains did not work. Ms. lames stated there were seven inches of water throughout her entire building. The storage facility was flooded with four feet of water for over 15 hours. Carpets had to be ripped out as well as drywall so that black mold would not form. Ms. lames commented it does not make sense to try and attract new businesses if the area is constantly flooding. Mayor Taylor assured Ms. lames the City would look into this situation. The Mayor was not aware the drains were not working but would find out what happened and correct it. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 Commissioner Casello commented Palm Beach County crews went out to the communities assessing the damage to see who might be eligible for small business loans. Bethany Clarke, 410 W. Ocean Avenue, also wanted to speak about the storm water. Ms. Clarke bought her house 12 years ago and there were signs in front saying the City was fixing the flooding problem. However, 12 years later it still isn't fixed. Ms. Clarke lives with her five children. She had to rip out all the floors and drywall to prevent black mold developing. Ms. Clarke commented what good is taking out a loan if the drainage problem is not fixed. Ms. Clarke asked for guidance. Commissioner Fitzpatrick commented the area was a swamp and there used to be standing water for two to three months out of the year in this area. South Florida has always been low land. Old plot plans show the area was known as a lake. They have done a lot of drainage but it is physically impossible for the ground to absorb so much water. Vice Mayor Hay commented the recent flooding was an eye opener for everyone and highly unusual. There are two types of drainage in Boynton Beach. One type flows into the canals and the other type that does not connect to the main drainage. Water goes down into the ground and to a drain; however, the drain is clogged with sand. The sand has to be taken out in order for the water to drain. A master plan must be developed for the entire City. Boynton Beach has challenges staff is addressing and there has already been activity to rectify the situation. Lori LaVierriere, City Manager, directed Ms. Clarke to speak with the Utility Director, Chris Roschek. However, Ms. LaVierriere wanted Ms. Clarke to know within 6 -9 months there will be a major improvement project for the entire corridor. Mark Karageorge, 1048 Main Boulevard, stated he wanted to acknowledge three people in Boynton Beach. • Resident Guam Sims, voted by the Palm Beach County Guidance Counselors as Principal of the Year for Palm Beach County Schools. • James Brake was appointed to the Palm Beach County Planning Board and also serves on the City's Planning and Development Board; and • Lastly, Mr. Karageorge received a scholarship for a class on community real estate development and is certified as a community real estate developer. There were 44 seats available, 26 were awarded and in addition he got the scholarship. Dr. Piotr Blass, 113 W. Tara Lakes Drive, stated he is very much affected by the stories told of the flooding. People have said this was a once in 1,000 year event but there should be a civil defense plan in place for future events. Dr. Blass suggested the University of Boynton do a study on how the City can better prepare for such events. Dr. Blass suggested the City Manager continue trying to work with FEMA. Dr. Blass also gave his thoughts regarding loans for small businesses which are fine, but suggested asking for grants instead. People do not want to borrow money during difficult times. The City can help by possibly hosting a benefit concert/event to raise money for people who suffered so much from the flooding. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Finally, Dr. Blass appreciates the invocations done by Vice Mayor Woodrow Hay, but asked if an invocation can be done by a Rabbi now and then. Mayor Taylor responded they are invited to come. Ms. lames returned to the podium to comment Boynton Beach is not a swamp. New businesses will not come to the area if they know it is a flood zone. Ms. lames stated she was told by the City the reason it flooded was because Lake Worth Drainage District did not open the locks until the next day. Mayor Taylor reiterated this was a very unusual event. There were crews out all night, pumping water wherever they could. The crews tried to respond to the best of their ability. Commissioner Fitzpatrick commented Lake Worth Drainage District did an excellent job. There is no system designed to handle 22 inches of rainfall in 24 hours. Lake Worth Drainage District did not open the locks earlier because it would have destroyed their system. If they had opened the locks, there would have been a high velocity that would have completely destroyed the canals for miles. If there is more water than they can release, it sits on the land until it stops raining. This is a low lying area. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE FEBRUARY 04, 2014 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: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 2 alternates Recreation and Parks Board: 1 regular and 2 alternates Planning and Development Board: 1 regular Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates Mayor Taylor moved to appoint Gregory Murphy to the Education & Youth Advisory Board, however, Mr. Murphy also indicated on his application he wanted to serve on the Planning and Development Board. After some discussion, Mayor Taylor withdrew his nomination to appoint Mr. Murphy to the Education and Youth Advisory Board and Vice Mayor Hay nominated him as a regular member on the Planning and Development Board. Motion Vice Mayor Hay moved to appoint Mr. Gregory Murphy to serve as a regular member on the Planning and Development Board. Commissioner Casello seconded the motion. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA Vote The motion passed unanimously. Commissioner Merker moved to appoint Ms. Christine Stella to serve as an alternate on the Financial Advisory Committee. Vice Mayor Hay seconded the motion. Commissioner Fitzpatrick suggested making Ms. Stella a regular member since there was an opening. Commissioner Merker recommended tabling the nomination until Ms. Stella could be asked what she would prefer. Ms. Prainito will contact Ms. Stella. Ms. LaVerriere stated a member resigned recently and this appointment would restore a quorum. After much discussion, it was decided Ms. Stella would serve as an alternate and in the event a regular member is absent she can fill in so there is a quorum. Vote The motion passed unanimously. Commissioner Merker moved to appoint Mr. Michael Bird to serve as a regular member on the Recreation and Parks Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA FEBRUARY 04, 2014 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. Mayor Taylor noted Item "F" was pulled at the request of Commissioner Casello. Commissioner Casello discussed the issue of moving the communications center to Station 5 which has an additional cost for the cabling. Commissioner Casello inquired why the City should absorb the cost. Mr. Livergood explained the extra cable is not a requirement but a choice. The extra cable ensures more power to each station so if one goes down, the other stations would still function. Not including the extra cable in the original contract was an oversight. Commissioner Casello inquired if the City is being subsidized for the consoles. Mr. Livergood responded the furniture is being reimbursed by the county which is approximately $215,000. Motion Commissioner Casello moved to approve the additional funds needed for interior renovations and improvements for Fire Station 5. Commissioner Merker seconded the motion. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA VOTE The motion passed unanimously. 7. BIDS AND PURCASES OVER $100,000 None. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 9 FEBRUARY 04, 2014 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. Discussion for consideration of modifying City Hall Office Hours Ms. LaVerriere stated Commissioner Casello raised this issue and requested more information on what the impact would be for City Hall to go back to a five day work week. Jaime Ann Wooley, 306 SW 12 Avenue, who works in the Development Department, commented there are additional issues not reflected in the backup material she wanted to address. Ms. Wooley stated there are other benefits to the 4/10 schedule not only to the Climate Action Plan but to people who utilize City Hall services, the personnel and the tax payers. Members of the Sustainability Team have put forth a great effort to educate employees and the public of the benefits of reducing carbon footprint. City Hall being closed and fuel conservation of City vehicles not being used helps reduce carbon footprint. Employees who live outside of the City limits have one less day a week to commute which also reduces the carbon footprint for each employee. Ms. Wooley commented she regularly hears from residents and contractors who visit City Hall of how appreciative they are for the extended hours. They can come in on their way to work or stop by on their way home from work. The people that are happy with the extended hours are not represented in the material because they are not complaining. The 4/10 work week is affording employees the opportunity to take care of their personal business on Fridays. Going back to the five day work week will take employees away from their responsibilities when they have to come in late, or leave early, or take a day off to take care of MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 their personal issues. This would also create a problem with Supervisors having to find someone to cover for the employee who is not in. ITS conducts their system maintenance on Friday and Facilities Management recently did necessary construction in the main lobby area on Friday which helped reduce the impact on employees who would otherwise be working during these situations as well as the public coming for services. Ms. Wooley commented a four day work week helps to be a more interactive with customers and the general public who use the services. Ms. Wooley directed her comment to Commissioner Casello, who stated in the last Commission meeting; "It should be noted that building inspectors work on Fridays ". Ms. Wooley wanted to clarify that building inspectors work on Fridays, but by appointment only. Another point Ms. Wooley wanted to make was about the storm that caused the flood. If the storm had happened on a Friday night or a Saturday night people would not have been able to get through to City Hall because it would have happened on a weekend. If the main phone numbers for City Hall were not forwarded to the EOC when it was activated, perhaps this can be considered in the future. At least people would be able to speak with someone or at least hear a recording with important information. The majority of departments within City Hall were not the departments residents needed. The majority of what they needed were Police, Fire and Utilities who they were already getting help from. Ms. Wooley thanked the Commissioners for their time and asked they consider all of the different aspects of this issue and not make a decision based on one incident. Commissioner Casello inquired how long Ms. Wooley has been working for the City and Ms. Wooley responded since 2008. He also asked her how she managed the five day work week prior to the change. Ms. Wooley stated having worked both schedules she prefers the 4/10 work week. Although it is a matter of convenience for employees, it also is convenient for the public. Mayor Taylor thanked Ms. Wooley for her input. Kevin Scully, Scully's Restaurant, 2005 S. Federal Highway, expressed his opinion when the City is open five days a week it is good for the economy. In 2007 when City Hall closed on Fridays, it impacted his business on top of the recession. From a business standpoint, City Hall being closed on Fridays is not good for business. Although Mr. Scully understands the employees view, a company like Federal Express is open seven days a week because it is all about customer service. Dr. Piotr Blass, 113 W. Tara Lakes Drive, commented in an ideal world, City Hall would be open 24 hours a day, seven days a week. However, since this not possible, employees can still work four days a week. It has to be an organization of labor that would accommodate the 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 11 FEBRUARY 04, 2014 employees and still serve the public. Dr. Blass expressed his agreement to reopening City Hall on Fridays. No one else coming forward, Mayor Taylor closed public audience. Commissioner Casello inquired which departments currently work on Fridays. Ms. LaVerriere responded the Police and Fire Departments are 24/7, Utilities works on five day work week, Public Works has partial crews, Sanitation crews as well as a limited fleet mechanic crew that come in on Fridays to support any vehicle issues. There have been some adjustments in the Building Department to be able to respond to the needs of builders should they require an inspection. If they have failed an inspection on a Thursday, they would have to wait to get back into the que on Monday and not be seen until Tuesday which is too many days to wait. Builders who are coming in on Fridays by appointment only are paying extra for that service. Most of the City Halls in the surrounding communities are open five days a week with the exception of Wellington. Boca Raton and Delray Beach are on a five day work week schedule. Commissioner Casello commented a lot of work went into getting the Police Department lobby open five days a week. One of the problems Commissioner Casello experienced personally, was getting a report from the Police Department and then not being able to pay for it because the cashiers at not there on Fridays. Another issue Commissioner Casello discussed was the occasional holiday that falls on a Monday. City government should not be shut down for four days straight. The City is trying to be progressive and show builders the City wants their business, and having a compressed work week will not accomplish that. The City has to get back into a smoother mode of operation by getting back into a five day work week. Vice Mayor Hay stated in 2007, the 4/10 work week was instituted on a tentative basis due to the economic situation at the time and a way of saving money. The flood storm happening only expedited the discussion that was inevitable. The main purpose of City Hall is to provide service. However, Vice Mayor Hay also commented studies have shown productivity goes down after working a certain number of hours. Inspectors who are paying extra to be seen on Friday is not acceptable. Boynton Beach is one of three cities in the 38 municipalities in Palm Beach County that provide full services to their customers. Vice Mayor Hay supports going back to a five day work week. Commissioner Fitzpatrick commented he happened to be on line paying a water bill at approximately 5:15 p.m. There were a couple of people on line who were talking about the rates going up and a young woman who was talking about her water being turned off. If a person's water bill is paid by 5:30 p.m., it can be turned back on the same night. It would be a great benefit to our citizens to be able to have until 6:00 p.m. to pay their water bill. In regards to the Police Lobby being open and people not being able to pay for a report, perhaps ITS can update the software to allow other departments to enter sales. Lastly, whoever makes the motion to pass this issue should also include where the $85,000 is coming from do to this. Commissioner Fitzpatrick stated changes in policy should be done during the budget hearing. Commissioner Merker remarked it was interesting this issue is now being brought forward since he suggested in 2013 to switch over to a five day work week. Commissioner Merker stated he MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 met with all department heads and received many different opinions, but was appreciative to hear their thoughts. He agreed with the public speaker a four day work week could be maintained. However, as a business owner, Commissioner Merker is in favor of a five day work week because most other businesses are on a five day work week schedule. As an elected official, Commissioner Merker stated his first concern is for the citizens. While he respects the City Hall employees, an elected official must put the concerns of the people first. Commissioner Merker also stated this has not been budgeted for. The $85,000 amount does not include opening the library which would be approximately another $100,000. Commissioner Merker felt the best time to start the new work week would be in October when the budget is being discussed. . Commissioner Casello responded to Commissioner Merker stating this issue may not have been understood when he first brought it up in 2013. The Commissioner wanted to comment the storm on January 9th cost the City approximately $38,000 in overtime. Changing the schedule back to a five day work week will not start right away and will be discussed. Commissioner Casello also commented he met with some of the department heads and with the City Manager, and some were of the opinion there could be some flexibility with their employees. Mayor Taylor spoke about the four day work week versus the five day work week and voiced his concerns. If a developer needed an inspection done on a Friday he would have to schedule it on Thursday. However, if the inspection does not get scheduled on Thursday it would have to wait until Monday. This is of concern to Mayor Taylor because it would mean stopping construction which helps build the economy. The developer can schedule an appointment on a Friday but would be charged for this service. On the other hand, if a resident gets home from work at 5:30 p.m. and finds the water has been turned off on a Friday, it would cost the person extra for their water to be turned on which is not fair to the customer either. Mayor Taylor commented he has not received any calls since the 4/10 schedule started from anyone complaining that City Hall is not open on Fridays. The money aspect of it is also something that needs to be considered. Ms. LaVerriere commented the $85,000 is an estimate. The City would continue to pay its electric bill and if there is an overage the adjustment would be made at the end of the year. Mayor Taylor continued his comments stating the City's main goal is to serve the public and try not to inconvenience the employees. Mayor Taylor agrees it would serve the public better to go back to a five day work week. Vice Mayor Hay inquired if the City could be flexible with employees who can demonstrate a hardship by returning to a five day work week. Ms. LaVerriere responded this was done when the compressed work week began. It created childcare issues for some employees. Employees voluntarily shortened their work hours, and their pay, to be able to find alternatives for their children on Fridays. The Lobby Service for Utility Billing and Customer Service would have to come in a little earlier and stay a little later and possibly flex schedules to make that system work. If the Lobby hours change to 8:00 a.m. to 5:00 p.m. there would have to be flexibility to still provide that service. Mayor Taylor also suggested putting off changing the hours until July to give employees time to adjust. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 Commissioner Fitzpatrick inquired if the Lobby goes to a five day work week could other departments remain on the four day work week. Mayor Taylor questioned if the union would have a problem with some departments going to a five day work week and not others. Ms. LaVerriere responded there are bargaining rights in the bargaining contract should there need to be any work hour changes. Mayor Taylor commented it should be the same schedule for all departments so there are no possible morale problems. Commissioner Merker suggested giving the employees the longest amount of time to acclimate back to the five day work week. Motion Commissioner Casello moved to change the four day work week back to a five day work week. Vice Mayor Hay seconded the motion. Vote The motion passed 4 -1 (Commissioner Fitzpatrick dissenting). Ms. LaVerriere suggested beginning the new five day work week schedule when school ends so that employees have the summer to transition. Commissioner Merker recommended starting the five day workweek on October 1 in respect to the employees and for budget hearings. Motion Commissioner Merker moved to begin the new five day work week on October 1, 2014. Vice Mayor Hay seconded the motion. Commissioner Fitzpatrick recommended starting in July since October is already into the school year and may be difficult for employees to transition. Ms. LaVerriere commented the four day work week started in June after school ended. Vice Mayor Hay agreed. Motion Vice Mayor Hay moved to begin the new five day work week on July 1 The motion was seconded by Commissioner Casello. Vote The motion passed unanimously. Ms. LaVerriere stated the hours of operation have to be discussed. Commissioner Casello recommended 8:00 a.m. to 5:00 p.m. Ms. LaVerriere commented the Finance Department will probably have to start a half -hour early to prepare for customers and perhaps stay a half -hour later. Commission Casello stated departments should try to be as flexible as possible. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 Motion Commissioner Casello moved to have hours of operation 8:00 a.m. to 5:00 p.m. Vice Mayor Hay seconded the motion. Commissioner Merker agreed with the hours of operation however stated being flexible may cause issues between departments and employees. He commented the hours of operation should be the same for all employees. Vote The motion passed 4 -1 (Commissioner Fitzpatrick dissenting). Ms. LaVerriere stated July 1 St is a Tuesday and suggested going to the nearest pay period to make the change. The Commission agreed. 11. UNFINISHED BUSINESS A. Discuss disposition of Old High School Building Mayor Taylor requested this item to be added to the agenda so a possible resolution about the old high school building could be determined. Many developers have come and gone over the past few years including the last one who was no longer interested in the building. The building is now a health and safety hazard. The roof has been deteriorating and collapsing for some time. No one should enter the building at this point. Something needs to be done before the next hurricane season. The building is not serving any purpose. Earlier the Commission asked the Treasure Coast to do a general planning for the whole downtown area and the building should be demolished so there is a clear cut view of where the Commission wants to go with this area. No one has come forward with any ideas or plans and the City will not have the funds in the foreseeable future to renovate the building. Commissioner Casello commented there will be a cost associated with demolition and he was concerned about where the money would come from. He recommended holding this item over until the next budget talks. Vice Mayor Hay believed there was money available for demolition. Mayor Taylor and Ms. LaVerriere both agreed there were funds at one time but there no longer is money budgeted for demolition. Vice Mayor Hay inquired as to the cost currently being spent on maintenance. Jeff Livergood, Director of Public Works, stated since the future of the building is not known there is minimal maintenance being done. Currently, costs include pest control and insurance. Some temporary repairs to the roof were done a few years ago but it continued to fail. Ms. LaVerriere confirmed $30,000 is spent on insurance. Vice Mayor Hay inquired about what the legal impact would be on pending issues if the building was demolished. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA FEBRUARY 04, 2014 James Cherof, City Attorney responded there would be little if any impact since there has been no indication from the time the transaction fell through on the part of the interested party of any attempt to continue with the re- development of the old high school. Vice Mayor Hay wanted clarification the interested party at the time will not come back and say the City reneged because the building was torn down. Mr. Cherof stated the lawsuit is already pending about the City walking away from the transaction and the demolition would not change the lawsuit at all. He reiterated, there would be little to no impact on litigation. Vice Mayor Hay supports discussing this during the October time frame so budget concerns can be considered. Commissioner Fitzpatrick agreed the City Manager should provide a cost estimate for the demolition. He further suggested that nothing be decided until the Treasure Coast and CRA address this issue since they may want to work it into their plans. There had been some preliminary discussion about the potential of using the fagade of the Old High School in a new City Hall. Although Commissioner Fitzpatrick attended school in this building, he does not have a strong attachment to it. In the 10 months he has been in office, he has heard from approximately 15 to 30 people who would like the building saved; however, no one has stepped forward to accomplish that task. Commissioner Fitzpatrick inquired if the building has a historical designation. Mr. Cherof responded in conjunction with the public private partnership, part of the transaction was to designate the property as historic. Mr. Cherof recommended bundling the historic designation and the land use designation in the one ordinance to rescind. Mayor Taylor agreed Vice Mayor Hay said the building was never nationally recognized as historic. That was a designation by City Commission action. Commissioner Merker said he has been consistent with not being in favor of keeping the high school. He was the only one who voted no for all the issues that came up in the past year. Commissioner Merker inquired about the Treasure Coast and the CRA now coming together. He would like to know what their plan is prior to taking any action. Commissioner Merker is not changing his vote but wants to have all relevant information before making a decision to tear down the building or not. Would the person who filed the lawsuit be able to say he wants more money because the building was torn down? This would drag out the negotiations or the settlement. Vice Mayor Hay replied many of the issues being brought up have been discussed before. This is not the first time the old high school has been discussed. Vice Mayor Hay recommended the Commissioner become familiar with the history of this issue before making any comments. Mayor Taylor asked the City Manager to bring this up at budget time to hear what it would cost to demolish the building. 12. NEW BUSINESS None 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA 13. LEGAL A. PROPOSED ORDINANCE NO. 14 -001 — SECOND READING — Approve Ordinance amending City Code of Ordinance Sections 10 -50 and 10 -52 regarding Abandoned Property. Attorney Cherof read Proposed Ordinance 14 -001 for second reading. Mayor Taylor announced the public hearing and closed it when no one came forward. Motion Vice Mayor Hay moved to approve Proposed Ordinance 14 -001. Commissioner Casello seconded the motion. Commissioner Fitzpatrick commented he received was parked in front of his property with a For Sale they could do about it. Commissioner Fitzpatrick blocking the Stop sign it can be towed as a hazard Vote City Clerk Prainito called the roll. The vote was 5 -0. Attorney Cherof stated the City Commission previously announced a closed -door session to discuss pending litigation in the case of Olen Properties Corporation and Secured Holdings, Inc. vs. Quantum Park Property Owner's Association and many other parties including the City of Boynton Beach pending in Palm Beach County Circuit Court. The closed -door session will consist of members of the Commission, the City Manager and the City Attorney. The court reporter was available and under the statute it is required after the closed -door discussion, to resume the public meeting and adjourn the public meeting. Mayor Taylor called a recess until after the closed -door session. Recess began at 8:38 p.m. FEBRUARY 04, 2014 a phone call from a resident about a car that sign on it. The police said there was nothing inquired about this and was told if the car is Commissioner Fitzpatrick asked for clarification about the timing. Jeffrey Katz, Police Chief, explained the reason the Ordinance is being changed was due to a conflict with another Ordinance. Ms. LaVerriere added there was a conflict with a clause in another Ordinance as far as the time frame for due process of noticing. Ms. LaVerriere stated if a vehicle is illegally parked, it would not be an abandoned vehicle issue. Chief Katz clarified a vehicle can be towed for various reasons other than it being abandoned. Commissioner Fitzpatrick inquired how a parked car with a For Sale sign on it and an illegally parked car are distinguished. Chief Katz replied the Code Compliance Officers will tag the car with a sticker. If over a period of 10 days nothing is done about the sticker by the owner, it would be designated as abandoned and towed. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ATTEST: t M. Prainito, MMC Clerk r =ce Morales Records Coordinator 17 CITY OF BOYNTON BEACH Woodrow L. Hay, Vice Ma erker, Commissioner Michael Casello, Commissioner FEBRUARY 04, 2014 ^L/