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Minutes 05-06-14MINUTES OF THE CITY COMMISSION MEETING HELD IN CHAMBERS AT CITY HALL, 100 BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 6, 2014, AT 6:30 P.M. PRESENT: Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker Mayor Taylor called the meeting to order at 6:30 p.m. The Invocation was offered by Commissioner McCray followed by the Pledge of Allegiance to the Flag led by Commissioner Merker. D. Brand Promise Statement The Brand Promise Statement was recited as follows: "A tropical home town where the Atlantic and Florida's Everglades meet." E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Merker requested that two items be added as Future Agenda Items; first, a discussion on Code Enforcement, ownership of property and maintenance of the property, and second, a discussion on zoning density in Districts II and III. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. 2. OTHER May 6, 2014 A. Informational Items by Members of the City Commission Commissioner Fitzpatrick reported he had participated in a Sea Level Rise Panel with County Commissioner Paula Burdick held in Boca Raton. He had also attended the fundraiser for baby Emily and visited Haiti for five days as part of the Sister Cities program. A promise was made to talk to the Haitian community here to assist in raising the money for the purchase of a used fire truck to be sent to Haiti. Commissioner Fitzpatrick indicated he had contact with Bob Weisman, County Administrator, regarding the possibility of the City of Boynton Beach buying the four acres north of Lake Ida. The land would be placed on the market for $450,000 and if not sold, Boynton's offer would then be accepted. Vice Mayor Casello recalled he had gone to the Easter Egg Hunt at the Barrier Free Park, attended the Strategic Planning Workshop, the fundraiser for little Emily, monthly meeting of COWBRA (Coalition of West Boynton Residential Associations), South Charter Academy's 10 Anniversary, a trade school with a 90% graduation rate. Commissioner Merker had gone to several of the events previously mentioned. He had gone to the Historical Society meeting and wished everyone a Happy Mother's Day. Commissioner McCray announced the Dimensional Choir from Boynton Beach Community High School had returned with three trophies. A donation of $600 was given to the Choir. He had been present for the Strategic Planning meeting and wanted to get the information to all the citizens that great things are going on in the City of Boynton Beach. Commissioner McCray had gotten an update on the status of the Heart of Boynton and visited the Library to see the panther on display. He had also donated $500 to the Community Caring Center in Boynton through the Great Give Day. Mayor Taylor added the Dimensional Choir had gone to the US National Choral Competition sponsored by Music in the Parks in Nashville, TN. The three trophies were First Place, Best Overall and Most Spirited. A week ago Mayor Taylor was elected to be on the League of Cities Board of Directors. He made a presentation to Illustrated Properties on the status of current projects and future plans for the City of Boynton Beach. 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Commissioner McCray remarked the passing of Jack McVey would be a loss to the City. He worked hard on a daily basis to help to make everyone proud of the City of Boynton Beach. Commissioner Merker had met Mr. McVey on one occasion and found him to be an extreme gentlemen. It was a privilege to spend time with him. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present Tribute to the family of Jack McVey The family of Jack McVey came forward for the reading and presentation of a Tribute to Jack McVey read by Mayor Taylor. Mr. McVey was President of the East Boynton Beach Little League from 1997 until 2012, including the 2003 National Champions title. He was an active member of the Recreation and Parks Board for ten years and was selected as Grand Marshall for the 2011 Holiday Parade. A moment of silence was observed for the soul of Jack McVey. B. Announce Treasure Coast Regional Planning Council Public Workshop to discuss the Town Square Plan Update on 5/17/14 in the City's Library Program Room from 9:30 a.m. to 3:00 p.m. Mayor Taylor announced the May 17 workshop being held to discuss the Treasure Coast Regional Planning Council's Town Square Plan. The workshop would be held in the Library Program Room from 9:30 a.m. to 3 p.m. C. Proclaim May 2014 as Asthma Awareness Month May 2014 was recognized as Asthma Awareness Month. D. Proclaim the month of May, 2014 as Building Safety Month. Accepting the proclamation on behalf of the City of Boynton Beach is Patsy Grissom, Development Services Supervisor. The Proclamation for Building Safety Month was read by Mayor Taylor and presented to Patsy Grissom, Development Services Supervisor. She thanked the Commission for the recognition and the continued support. E. Proclaim May 4th thru May 10th, 2014 as Municipal Clerks Week. Janet M. Prainito, Master Municipal Clerk for the City of Boynton Beach will accept the Proclamation. • Janet Prainito, City Clerk, was presented with the Proclamation for Municipal Clerks Week, May 4 thru the 10 Mayor Taylor read the Proclamation and commented the 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 entire Commission appreciated the City Clerk and staff's assistance. Mrs. Prainito thanked the Commission for the recognition and her staff who kept things running smoothly. Commissioner Merker remarked Mrs. Prainito was very helpful to him as a first term Commissioner and he offered his personal thanks. Commissioner McCray thanked Mrs. Prainito and commented even with her help the Commission can sometimes get sidetracked. F. Proclaim May, 2014 as Better Hearing Month. Accepting the Proclamation on behalf of Hearing Partners of South Florida will be Dr. Deborah Kroll, Doctor of Audiology Dr. Deborah Knoll thanked the Commission for proclaiming May 2014 as Better Hearing Month as recognized in the Proclamation read by Mayor Taylor. Dr. Knoll encouraged everyone to get a baseline hearing test. G. Proclaim May 17, 2014 as Poppy Day. Accepting the Proclamation will be Patricia Maupin, President of American Legion Auxiliary Post 164 of Boynton Beach. Mayor Taylor proclaimed May 17, 2014 as Poppy Day. Ms. Maupin accepted the Proclamation on behalf of all the veterans and their families who will be assisted with the monies earned from the poppy sales and thanked the Commission and citizens for their support. H. Proclaim the month of May as "National Preservation Month ". The proclamation will be accepted by Warren Adams, Historic Preservation Planner, followed by a brief presentation on the progress of the City's Historic Preservation Program. The month of May was proclaimed National Preservation Month. Mayor Taylor acknowledged Warren Adams, Historic Preservation Planner, who had received an award from the Historical Society and it was well earned for a job well done. Mr. Adams gave a brief update on the two -year old preservation program. The City is a Certified Local Government and has created an ad valorem tax incentive program for restoration of historic properties. Six sites have been added to the Boynton Beach Registry of Historic properties. The Barton Memorial Cemetery was surveyed and an archeological survey was done of the Galaxy Scrub. A number of grants have been sought and received. A current project is the Heritage Education Program being done in conjunction with the ITS Department and includes several trails throughout the City of Boynton Beach. Presently there is a celebration on the works of Conrad Pickel, a world- famous stained glass artist. On May 24 there would be a bus tour of the Conrad Pickel buildings within the City, followed by various lectures and the Conrad Pickel reception and exhibition. The ongoing work of historic preservation was outlined with a list of future projects. The benefits of historic preservation include several elements: 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 protect and reuse of cultural resources, education, economic development, encourages heritage tourism, promotes the environment and sustainability, potential maintenance of property values, financial incentives, job creation and State and Federal recognition. In summary, there has been an increased interest in historic preservation and $60,000 has been received in grants over the two years and $13,000 in donated services. Mr. Adams thanked the Commission for their support. I. Announcement by Wally Majors, Recreation and Parks Director, of the "Crazy Games for Kids" event, to be held at Barrier Free Park on Saturday, May 17 from 10 a.m. to 12 noon Wally Majors, Director of Recreation and Parks announced another event in the "Play Unplugged" outdoor events series. It is called "Crazy Games for Kids" and will be held on May 17 from 10 a.m. to 12 noon at Barrier Free Park. It would involve good fitness and fun for kids. Commissioner McCray suggested it may be appropriate to introduce the new Director of Utilities. Lori LaVerriere, City Manager, recognized the new Utilities Director, Colin Groff. He previously worked at the Jacksonville Electric Authority with extensive background in capital water, wastewater, reclaimed water, project management and utility budget management. We thank him for joining us. J. Presentation of the annual "Bob Borovy Student Citizen of the Year Award" by members of the Education and Youth Advisory Board. Steve Waldman, Chair of the Education and Youth Advisory Board, announced the winners of the Bob Borovy Student Citizen of the Year Awards who exemplify the spirit of volunteerism. An essay had to be submitted along with three letters of recommendation and a significant amount of volunteer efforts in the community of Boynton Beach. The second award winner of $300 was Karissa Quiles, a senior at Pope John Paul II High School and accepted at Florida Atlantic University to study biomedical engineering. The $1,000 first place award went to Savannah Lashley, a senior at Spanish River Community High School and will be attending the University of Southern Florida with a double major in music performance and neuroscience. Mr. Waldman had served on the Greater Boynton Foundation Board with Jack McVey and noted he would be missed. His compassion and consideration for others spoke well of Jack McVey. K. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. Lori Wilkinson, a member of the Education and Youth Advisory Board, recalled the Youth Volunteer Bank began in 1997 and 19 participants would be honored who 5 Meeting Minutes Regular City Commission Boynton Beach, FL volunteered 1200 hours. They range in age from Pre K to 12. Since the program began 782 youth have recorded over 59,000 volunteer hours. Over $22,000 in savings bonds and prizes have been awarded. Each of the participants was given a certificate and notebook. Mr. Waldman advised the Education and Youth Advisory Board provides money to the schools for various programs and events. Donations are gratefully accepted. A fundraiser would be held on May 31 a Shred -a -Thon, at the Boynton Beach High School entrance on Gateway Boulevard. There would be a donation of $5 a box. 4. PUBLIC AUDIENCE May 6, 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) Minister Bernard Wright, 713 NW 2 Street, addressed the Historic Research project and contended without the African - American history there would be no history of Boynton Beach because his great grandfather, Robert Wells, was here before the City was formed or the County established. He built 10 Avenue, now Martin Luther King, Jr. Boulevard that was originally Wells Avenue. The research project was the greatest the City has initiated and he wanted the Commission's support on his research project to discover what Robert Wells had done for the community. There is rich African - American history related to the City of Boynton Beach that needs to be revamped and revitalized. Susan Ross, from the Schoolhouse Children's Museum, discussed three topics. The Great Give was coordinated by the Community Foundation and the United Way of Palm Beach County. It is a 24 -hour initiative to inspire support for local non - profits. Thus far, the Children's Schoolhouse Museum had received 17 gifts, totaling $2,595. Giving was open until 11:59 p.m. She encouraged participation in the Great Give that would result in an award of matching dollars. She thanked those who had made a donation. There would be a free, five -day music appreciation program called, The Summer Rocks with the Palm Beach Pops, scheduled on June 16 through June 20' beginning at 9 a.m. Reservations were encouraged. The Museum would again be hosting the 4 of July fundraiser and VIP gathering at the Intracoastal Park Clubhouse. Lori Novak, 2634 SW 7 Street, the owner and general manager of the professional basketball team, South Florida Gold, introduced Mark Anoff, Chief Operating Officer. Mr. Anoff advised the team was a member of American Basketball Association. There 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 are currently 93 teams in the League. South Florida Gold came in third in the nation last year. The team's intent was to play in Boynton Beach that will be an economic benefit for the City. Approximately $1,200,000 will be driven into the City from participating visiting teams, practices, camps and guests to the games. The owner has a "give back to the community" philosophy that will also benefit the City. They looked forward to being a part of the community. The organization can be reached at www.sflgold.com. John McGovern, 3929 Palladium Lake Drive, indicated the Great Give event was a phenomenally successful event. Over $1 million in one day had been raised to benefit 140 non - profit organizations. Donations could still be made until 11:59 p.m. and he urged support for the Community Caring Center. Mr. McGovern suggested the guidelines for prayers at public meetings include the key words, avoiding overwhelmingly sectarian prayer at public meetings. He thought an ad hoc committee should be established to meet only once to make recommendations on celebrating diversity in religious context. He volunteered to serve. Mr. McGovern asked for an update from the lobbyist on appropriations since the decrease in funding would affect the services offered. He also urged the appointment of Barbara Ready to the Historic Resources Preservation Board. Janet Morgano, 803 NE 3 Street, shared a story how small groups of people can bring about big changes. Similarly, the red Tight cameras are illegal because they bypass the due process and owners of the cameras get 75% of the revenue. She wanted the County to be held more accountable by placing signs at the intersections that are "photo enforced" to assist the citizens of Boynton Beach. Woodrow Hay, 427 NW 5 Avenue, gave an update on the creation of a Mental Health Committee. Nine individuals had expressed an interest and three of the candidates were interviewed by Mr. Hay and Gerda Klein. Mr. Hay commended the Commission for addressing the issue and he was confident there would be others interested in serving on a committee that utilizes the diversity of the community. It was decided the committee should meet once a month on the last Thursday from 3 p.m. to 4:30 p.m. Mayor Taylor expressed appreciation that Mr. Hay had organized the efforts and shown the leadership skills that were needed. Motion Vice Mayor Casello moved to appoint Woodrow Hay as Chair of the Committee. Commissioner McCray seconded the motion. Commissioner Merker questioned who else would serve on the Committee and their qualifications. 7 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. Mark Karageorge, 240A Main Boulevard, commended the Commission on the selection of Mr. Hay as Chair of the Mental Health Committee. He mentioned the many non - profit organizations within the City that were benefiting from the Great Give initiative and encouraged others to offer their support. Mr. Karageorge requested an update on the flooding on Industrial Avenue and 1 Street east of 1 -95. Mayor Taylor advised an update would be given. Commissioner Merker pointed out he had asked that an item be added to Future Agenda relating to Code and cleaning up properties. The issue could be included in those discussions. Audrey Gerger, 331 NW 1 Avenue, asserted the Old High School was a signature landmark in Boynton Beach. It was recognized as unique because there is an elementary and high school together. She thought it was time the City protected and maintained the importance of the structure. It is a beacon to the community and should be made useful again by protecting the heritage of the City of Boynton Beach. Herb Suss, 1711 Woodfern Drive, thanked the Commissioners for honoring the veterans on Armistice Day. He was concerned about global warming. The weather has changed around the world. He saw conflicts over the basic needs to survive. A possible solution was to write the legislators to increase funding for solar power and nuclear power. The entire planet is at stake. No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 regulars 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 alternate Historic Resource Preservation Board: 2 regulars and 1 alternate Library Board: 2 alternates Recreation and Parks Board: 2 alternates 8 May 6, 2014 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Veterans Advisory Commission: 2 alternates Vote The motion passed unanimously. Motion May 6, 2014 Vice Mayor Casello moved to appoint Rachael Mondesir as a regular member of the Arts Commission. Commissioner Fitzpatrick seconded the motion. Commissioner Fitzpatrick moved to appoint Robert Zona as a regular member of the Building Board of Adjustments and Appeals. Commissiner Merker seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Casello moved to make Susan Oyer a regular member of the Historic Resource Preservation Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker moved to appoint Barbara Ready as a regular member of the Historic Resources Preservation Board. Commissioner Fitzpatrick 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 9 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner McCray moved to approve the Consent Agenda items with the exception of Item 6.B. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion Vote May 6, 2014 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve purchase of a Digital Evidence Management System (ADAMS) from Foray Technologies of San Diego, CA in the amount of $38,510.00 through piggy- backing of Schedule 70 of the General Services Administration (GSA) Contract #GS- 35F- 0406T, as permitted by the City's purchasing policies. This purchase will be paid from Federal Forfeiture funds. B. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the six (6) month period ended March 31, 2014. Commissioner McCray had pulled this item for discussion. He requested the status of the budget be provided to the public. Tim Howard, Director of Finance, reported the revenues are 69% of the budgeted amount and the expenses are 58% of the budgeted figures. This was fairly consistent with previous years. The tax revenues are realized in the beginning of the year and some expenses are paid at the beginning of the year, including the encumbrances for the rest of the year. The General Fund has a $8.6 million excess of revenues over expenses for the current year. He cautioned many revenues are collected at this point. The trend is similar to last year and the estimated budget. The Utility fund is tracking similar to last year with 53% of the revenues collected and expenses are 50 %, almost on target. There is a $1 million excess of revenues over expenses. Commissioner McCray moved to approve Item 6.B. Commissioner Fitzpatrick seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 C. Approve request of C &T Breakfast and Lunch, dba The East Ocean Avenue Cafe, for a Sidewalk Cafe permit. Applicant: Ms. Cindy Sumlin, operator of The East Ocean Avenue Cafe, 412 East Ocean Avenue. D. PROPOSED RESOLUTION NO. R14 -035 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with the Haitian Bethel Baptist Church Inc., for the property at 7501 High Ridge Road, Hypoluxo, FL. E. PROPOSED RESOLUTION NO. R14 -036 - Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with G4S Secure Solutions, (USA) Inc. F. PROPOSED RESOLUTION NO. R14 -037 - Approve a piggy -back to the Town of Davie, Florida Agreement with Novusolutions for the Implementation of Agenda Automated Workflow Software Solutions, and authorize the City Manager to execute an agreement with Novusolutions of Tampa, FL. for a first year cost of $8,550 with subsequent annual fees of $7,800. G. PROPOSED RESOLUTION NO. R14 -038 - Accept the offer of $5,120 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Cesar Rodriguez of 19 Crossings Circle #C, Boynton Beach, Florida, 33435, in the amount of $64,000 H. PROPOSED RESOLUTION NO. R14 -039 - Accept the offer of $4,500 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for David and Alexis Massey of 8 Via de Cases Sur, #103, Boynton Beach, Florida, 33426, in the amount of $45,000 I. PROPOSED RESOLUTION No. R14 -040 - Authorize the City Manager to sign the First Addendum to the "Utilities Department Two Year Janitorial Services Contract ", Bid No. 037 - 2821- 11 /CJD with United States Service Industries (USSI) for the renewal term including a 2% increase in pricing resulting in an annual cost of $26,768.88 J. PROPOSED RESOLUTION NO. R14 -041 - Authorize the City Manager to enter into an agreement with Kimley -Horn and Associates, Inc. of Delray Beach, FL for "CONSULTANT SERVICES TO MODIFY THE GREENWAY AND BIKEWAY MASTER PLAN" as a result of RFQ #023 - 2730- 14 /JMA in the amount of $70,785. K. Approve the minutes from the Regular City Commission meeting held on April 16, 2014 11 Meeting Minutes Regular City Commission Boynton Beach, FL 7. BIDS AND PURCHASES OVER $100,000 Motion May 6, 2014 L. Consent to Palm Beach County's assignment of its lease agreement with the City for property located at 909 NE 3rd St. to Lutheran Services Florida Inc. for the purpose of continued operation of the Head Start program. A. Approve utilizing Xylem Water Solutions USA, Inc. for purchase of pumps, parts and service as a Sole Source vendor of Flygt pumps, parts and service for the Fiscal Year 2013 -2014. This includes expenditures for parts and the repair and replacement of lift station pumps in the amount of $113,720; and purchase of three pumps in the amount of $93,780; and an anticipated expenditure of $60,000 on an "As Needed Basis" for replacement pumps, parts and service through the end of the fiscal year, for a estimated total expense of $267,500 Commissioner McCray moved to approve Item 7.A. Commissioner 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. PROPOSED RESOLUTION NO. R14 -042 - Establishing the Energy Edge Energy Efficiency Rebate Program, utilizing funds collected through the City's Green Building Fee (Strategic Plan Action Item 4.4; Climate Action Plan Initiatives 4.1.1.16 & 4.3.1; SE FL Regional Climate Compact CAP EF -1 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Ms. LaVerriere wanted to have the new program presented as part of the Climate Action Plan Initiatives and Economic Development Initiative. Nancy Byrne, Director of Development explained the new program was a combination of best practices from other municipalities and counties to create the best program for Boynton Beach. The funding level is not high at this time. It would start on June 2 for both residential and business owners offering energy rebates for devices that conserve energy. A Florida Power and Light survey must be complete, receipts submitted and all the necessary permits secured. The reimbursement would be 50% of the cost to a maximum limit. Another element would be to supplement registration fees for improvements that result in green certification. Commissioner McCray questioned how the public would be informed of the program. Ms. Byrne replied there is a marketing program that involves brochures, press releases, presentations at homeowner associations and use of all social media. Vice Mayor Casello suggested the information be included in water bills. He questioned the plan for those who apply after all the monies have been distributed. Ms. Byrne explained it was a first come, first serve basis and limited to the cap established. The funds are derived from the permit fees and, if necessary, a request would be made to increase the fees to fund the program. Motion Commissioner McCray moved to adopt Resolution No. 14 -042. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. Consider alternately worded ordinances amending the City Charter regarding term limits. 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Attorney Cherof advised there are two versions of a proposed Charter amendment. Both versions would allow a Commissioner who has served two terms as Commissioner to immediately qualify and run for the seat of Mayor. The difference was one version would apply to current Commissioners and the other version would not. Vice Mayor Casello pointed out District II and IV would not qualify because of the term cycles. The only ones to benefit would be the Commissioners from District I and III and give them an unfair advantage if they chose to run for Mayor. He would not support the change because it did not create a level playing field for all Commissioners. Commissioner McCray indicated he had requested the item be placed on the agenda. After review of the Charter and the information provided by Attorney Cherof, he recommended no further action be taken on the topic. Commissioner Merker contended the matter was never discussed. It was proposed by former Commissioner Hay even though he was originally against talking about term limits. He understood Vice Mayor Casello ran for a one -year term and completed the term and then ran again for a second term of three years. He can then run again for three years resulting in seven years in office. Attorney Cherof confirmed he would be eligible for a second term as Commissioner because the initial election for the one year term filling the unexpired term would not count against him. Commissioner Merker was against term limits because he believed the people can determine if performance is acceptable or not. Mayor Taylor asserted the Charter was clear. Commissioner Merker argued there was some confusion on the part of the person in charge of elections. The City Attorney's interpretation was different. Mayor Taylor agreed with Commissioner McCray and his motion to drop the issue totally. Commissioner McCray recalled the issue had gone to the voters and they supported term limits. He reiterated he did not want to be involved in the issue. Commissioner Fitzpatrick indicated he was in favor of term limits and he thought six years was enough. After a year of reality, a Commissioner can return to their elected office. He agreed with Commissioner McCray that it should be dropped. Vice Mayor Casello asked if the other interpretation referred to could be explained. City Clerk Prainito responded that she believed a Commissioner who was elected to fill an unexpired term for any length time was considered a term and the second term would be for three years. She did qualify her remarks as her opinion and Attorney Cherof was the authority. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Commissioner Merker was thankful the human mind could make its own interpretations and minds can change their opinion. American history is not definitive. Motion Commissioner McCray moved to drop the matter. Vice Mayor Casello seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). B. Pursuant to Section 286.011(8), Florida Statutes, a private attorney - client session of the City Commission is requested to discuss pending litigation in the following cases: 1. BELINDA LESTER, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 13 -CV- 80043 - Ryskamp /Hopkins (False arrest, excessive force) 2. CLIFFORD HENFIELD, Plaintiff, vs. CITY OF BOYNTON BEACH, et al., Defendants - Case No. 2013CA002667XXXXMB AB (False arrest, malicious prosecution, excessive force) Attorney Cherof requested a closed -door session to discuss pending litigation in two cases. One case is Belinda Lester versus the City of Boynton Beach and the other Clifford Henfield versus the City of Boynton Beach. Approximately twenty minutes wiould be needed for each case and he suggested the session be held before the next Commission meeting. Consensus There was consensus to hold the session at 5 p.m. before the next Commission meeting on May 20, 2014. Mayor Taylor indicated he had failed to pulled Items 6.G and 6.H from the Consent Agenda. Motion Vice Mayor Casello moved to reopen discussion on Item 6.G and 6.H. Mayor Taylor passed the gavel and seconded the motion. Vote The motion passed 3 -2 (Commissioners Merker and McCray dissenting). 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Mayor Taylor pointed out $5,120 was accepted in settlement of the City's second mortgage of $64,000. On Item H, $4,500 was accepted as settlement for a $45,000 debt. He questioned if the program should be continued based on the losses being taken. Commissioner Fitzpatrick understood it was all part of the recession, but had not had the opportunity to research the facts at this time. Mayor Taylor noted the Community Redevelopment Agency had discontinued their similar program due to the losses. Vice Mayor Casello inquired about the cost to recapture the settlement dollars. Mr. Howard explained both settlements were offers from a bank on short sales in agreement with the owners. There are no legal dollars invested in the settlement. Both proposals were in accordance with the short sale policy previously adopted by the Commission. It indicated the original down payment assistance was provided through SHIP funding and HUD. There is a list of conditions that have to be met and if met, the City would take 8% of the outstanding mortgage as a settlement. The amounts offered are in the 8% range. The short sale policy could be brought back before the Commission. Mayor Taylor agreed the policy should be reviewed and Mr. Howard suggested it be added to Future Agenda Items. Attorney Cherof noted Items 6.G and 6.H would have to be resolved. Motion Mayor Taylor made a motion to approve Items 6.G and 6.H. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. At 8:24 p.m. the meeting was recessed. The meeting was reconvened at 8:33 p.m. C. Conduct review of bid protest and determine if bid protest warrants reversal of City's notice of intended bid award. Mayor Taylor advised on December 30, 2013 the City issued a notice of intent to award the Progressive Design Build for an Ion Exchange Resin Plant and East Water Treatment Plant improvements to CDM Smith. Subsequent to the award, MWH Constructors filed a bid protest. It was reviewed by the Purchasing Director, City 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Attorney and City Manager and rejected. MWH Constructors filed a notice of appeal to the City Commission. Attorney Cherof commented the bid protestor, MWH, would first present the basis for the appeal which should be limited to the justification or explanation why they believe the City did not follow the proper bid procedure. The time should not be used to re- present the merits of the bid. Following the first presentation, Mr. Howard, Finance Director, would then comment on the procedure his office followed. The successful bidder would then be given the opportunity to make a presentation. MWH Constructors requested permission to make a 25 minute presentation and reserve the five minutes after the other bidder made their presentation. Richard Lewis, Vice President of MWH Constructors was grateful for the opportunity to present their protest. They had a strong opinion and had done a significant amount of work in South Florida. He had been with the Company for over 16 years and completed over $1 billion of construction in Florida alone. The Company had been in existence for over 20 years and had never protested a job in the United States. Mr. Lewis gave an overview that the award should have been exclusively based on qualifications and price proposals. It is clearly outlined in the Request For Proposal (RFP). The RFP process as defined by the City would be reviewed and the deviation that the Commission should resolve. If the City's own RFP documents are followed as well as the written addendums, it could result in a savings of $1.8 million to the rate payers of Boynton Beach. Philip Cressman, Commercial Manager for MWH Constructors, alleged the Commission should uphold the public interest and high standard of ethics and correct the mistake that was made by the selection committee. Mr. Cressman went on to explain there was a two -step process and the qualifications of the firm would be evaluated and the three highest firms short listed. A price proposal would be opened and plugged into a mathematical formula that would ultimately determine which bidder provided the highest value to the City. The deviation by the selection committee was the addition of a third step after the price proposals were opened and the initial ranking of MWH as the highest qualified firm. It was announced there would be oral presentations that would be graded on an additional 100 points. It was improper because under Florida Law the RFP has to specify the criteria and evaluation process to be followed. It was not described in the RFP and the RFP was never amended to include the change. The introduction of the third phase changed the relative value of the evaluation scores. It changed the price from 15% of the evaluation score to 7.5 %. This conflicted with Florida Statutes requiring that an RFP identify the relative value of the price. The value 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 was identified as 15 %, but ultimately valued at 7.5 %. It was done after the bidders were bound by the prices. The addition of the third phase re- opened the evaluation of the qualifications and undermined the integrity of the procurement process by introducing a bias into the process. The Commission could correct the problem by ignoring the presentation phase evaluation and scores. It was not authorized by the RFP and not part of the selection process. The third phase also skewed the results. The purpose of the RFP was to obtain the best qualified firms and best price. After the third phase was added, the second place firm became the winner. The proposed fee schedule of CDM would result in the City paying $1.8 million in additional fees. The City Attorney had asserted the Commission had wide discretion in awarding public contracts. The law indicates the discretion has to be based on clearly defined criteria in the RFP documentation. The issue has been fully explored by the courts. Florida procurement laws are enacted for the protection of the community. The City cannot alter the material provisions provided by the RFP because it would fail to inspire public confidence in the fairness of the process and should be considered an abuse of discretion. Under section 4.C, the RFP defined a two -step process with the qualifications in envelope A, and the price proposal in envelope B. The envelopes were sealed to keep the parts separate. Under section 6.2 the process dictates, "Only those firms that have been deemed as most qualified as per the first phase, will be short listed and advanced to the additional consideration of the second phase, the price proposal." There is no reference to a third phase or additional points. The RFP clearly identified the criteria to be used to evaluate the proposals. Each criteria was assigned a specific point value. The price proposal was 15 points out of 100 and there was no provision for presentations or an additional 100 points. Under section 6.2.c the proposal indicated the price component would be equal to 15% of the total amount of points. The City Attorney argued the RFP provided that oral presentations may be held and it did. However, it did not indicate points could be assigned or use the presentation in the evaluation of the firms. It specifically indicated, "The points assigned would be exclusive of the qualifications and price proposal. The total points of qualifications and price proposals would be combined to determine the most responsive, responsible proposer providing the best value to the City." The City Attorney argued the firms knew presentations would be expected and points assigned based on attendance of an employee at a meeting. It would not constitute proper notice or an amendment to the RFP. The meeting was a bid opening that was not publicly announced or on the City calendar. A subcontractor had advised the 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 meeting was being held. Attendance was not mandatory and some proposers were not present at all. The meeting was not recorded. Minutes were prepared that indicated the purpose of the meeting was to open the bids. After the meeting, an email was sent to the procurement office asking where in the RFP was it indicated a final presentation was required to decide the selected firm after considering the price proposals. The response did not advise points would be assigned or the evaluation criteria. After the fact, it was determined there was a very detailed criteria given to the selection committee, but not to the proposers, a violation of Florida Statutes. Mr. Cressman acknowledged that section 6.1.e did say short listed firms may be asked to make an oral presentation of their qualifications and methodology. There was no reference to a scoring or that points would be assigned. Mr. Cressman asserted it was clear the presentations were for informational purposes only. There is language that the points assigned would be exclusive to the qualifications and price proposals as stated. MWH relied on the language and the procurement process, as outlined, would be followed. The assignment of the additional 100 points changed the first section of the process from 85% to 42.5% and changed the price from 7.5% and changed the presentations to 50 %. The RFPs are a combination of qualifications and a fixed price. A bid bond was submitted and the price guaranteed that is binding on the City and the bidder. The procurement system is recognized because all firms would do a great job. The difference is the price and MHW's proposal would save the City $1.8 million. The average design build fee is about 5 %. Their fee was 3.75% because they thought the price proposal was worth 15 %, an incentive to offer a more competitive fee. It was not fair to change the rules in the middle of the game. The CDM fee was three times higher and above the industry standard. Evaluating qualifications is a subjective process and then open the price proposals. If the evaluation process is re- opened with another subjective process, price becomes worthless. It renders the entire process unfair. The Commission can correct the deviation from the proposal. The proposal was precisely followed and MWH was selected as the highest ranked firm and gave the best value to the City. The Commission should direct staff to start negotiations with MWH, the highest ranked firm under the RFP process. The third phase should be ignored since it was not properly introduced into the process. The Boynton Beach Charter specifically gives the Commission the power to enter into contracts on behalf of the City and protect the public interest. MWH followed the process and was awarded the bid. The Commission should direct staff to enter into negotiations with MWH as the highest qualified firm. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Commissioner Merker's concern was if the oral presentation was stated in a letter. MWH contends the notification was too late. Also, the decision was made on the first and second portions, but the last part assured the firm could complete the project as bid. Commissioner Merker wanted confirmation that there was nothing stating the oral presentation was part of the process. Mr. Cressman replied there was no amendment to the RFP adding the additional 100 points for the oral presentation and there was no written document received. The only notice was at the unofficial meeting on the bid opening, members of the selection committee indicated to some of those present that presentations would be held and that 100 points would be assigned. The RFP did state that oral presentations could be requested, but nothing advised the oral presentations would be used as part of the evaluation or assigned additional points. Mr. Cressman stressed MWH would remain the winner if a corrected formula was applied to include the oral presentation. Commissioner McCray felt insulted to be handed a notebook just prior to the presentation. He asked if MWH had done business with the City previously and Mr. Cressman confirmed their Engineering Department had done some work. Commissioner McCray asked how much money the firm had collected from the City of Boynton Beach and the response was nothing. Commissioner McCray inquired who was on the selection committee. Mr. Howard replied there were three utility staff members, Chris Roschek, James Sylvain, Bevis Pigott and an individual from Palm Beach County Water Utilities and the Director of Water Utilities from Miami -Dade County. Mr. Howard explained the process attempted to maintain a level playing field. The RFP was advertised and six proposers submitted and were evaluated based on the point criteria in the RFP. The meeting held was when the evaluation committee revealed the scores for the written proposals resulting in the short list of the top three ranked. It was disclosed at that time the City would exercise the option to do oral presentations and the point system assigned. The belief was the oral presentations had value. All three companies made oral presentations that were scored. The summary was sent out resulting in the filing of the intent to protest. Mr. Howard summarized a level playing field was maintained; the three parts who did presentations were all informed at the same time with the same amount of preparation time for the oral presentations. Commissioner McCray asked if everyone was notified. Mr. Howard advised there were representatives from those two firms at the selection committee when the scores were revealed and notice given that oral presentations would be required. Vice Mayor Casello inquired if oral presentations were required and assigned points in any RFP issued by the City of Boynton Beach. Mr. Howard advised there have been instances where the firms have been re- ranked after the oral presentations that was somewhat subjective. There are areas that could be improved in the RFP process. 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 Vice Mayor Casello understood the assignment of points had not occurred previously and this was first time additional points were implemented. Mr. Howard noted it was the first time this type of RFP was used for progressive design build. Commissioner Fitzpatrick opined there was a 100 -point criteria and the oral presentation diluted that 100 points by a full 50% or doubled the points. The oral presentations were worth 50% of scoring over what was written. Diane LeRay, Contract Administrator for the City of Boynton Beach, remarked oral presentations are not unusual for a very complex project. It was disconcerting that MWH did not understand that oral presentations need to be scored and that the scoring was very subjective. Commissioner Fitzpatrick understood oral presentations could be used to adjust the previous scoring but not used in addition to a previous process already completed. Ms. LeRay advised a scoring sheet was utilized for the oral presentations. Commissioner Fitzpatrick asked why the scoring was not included in the original 100 points rather than being additional for 200 points total. Ms. LeRay replied the oral presentations had to be separately scored. Raw scores were used with no weighting. Vice Mayor Casello asked, if oral presentations were worth 100 points, why was it never implemented to this point? Ms. LeRay asserted oral presentations are not usually done, but this is a complex project. Mayor Taylor clarified the original RFP did not include information about oral presentations. Ms. LeRay responded oral presentations were mentioned. The addition of points was not mentioned. Ms. LeRay argued it was the only way it could be done fairly. Ms. LaVerriere interjected this was the first time the progressive design process was used and that should be explained further in relation to the magnitude of the cost of the project and complexity. It is not a normal bid, rather a $30 million project. Commissioner Merker inquired of staff if the assertion that $1.8 million would be saved was accurate. Colin Groff, Utilities Director, explained progressive design build methodology is used on complicated projects when the contractor and engineer need to work together as a team from the beginning to get the best design possible at the lowest cost. It means you have to make sure the proposal given is understood and they can give back to the team and express it in an oral presentation correctly. Oral presentations are part of large projects. The team has to be the best qualified team. 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 On pricing, what was given was a guaranteed maximum price on Phase I. There is a design build fee built in that is the profit a company will make. Design build is an open book including the profit in the fee. It makes it very transparent. The fee given in the RFP was based for scoring purposes. It would not be the final cost. The cost would be negotiated throughout the process. The final cost would not be determined until there is a 60% design and when finished the final costs would be established. All the value engineering has to be done initially. The design build fee is determined throughout the project. Negotiations have not been approved. The firms offered a percentage that cannot be exceeded; it could be less. Vice Mayor Casello clarified MWH's percentage is $1.8 million less than the other bidder. Mr. Groff noted it would be based on the budget of the project, but the final contract has not been negotiated at this time to determine the percentage of the fee. Commissioner Merker inquired if it would be ludicrous to do the process over again. Mr. Groff advised it is very expensive to go through the process and deadlines have to be met for permit requirements. There would be a cost. Commissioner Fitzpatrick asked about the purpose of the ion exchange resin. Mr. Groff explained it was for water clarity and would pull out solids. It is similar to a filtration system. Commissioner Fitzpatrick wanted to know the categories used for the 100 points on the oral presentations and the value assigned. Ms. LeRay replied it was 60 points for understanding of the program ' and project requirements and 40 points for approach and method. A letter was sent out letting the three firms know this should be their concentration in the oral presentations. It was sent after the first two steps were completed. There was discussion on the meaning of approach and method. Mr. Cressman explained the interview process is to bolster confidence that the firm completely understands their proposal. Oral presentations are common in the industry and are usually graded. It restates the proposal and is a best practice in the industry. Mayor Taylor asked for the difference in the points and Ms. LeRay replied CDM Smith was 454, Haskell was 421 and MWH was 431.50 having 100 points for each of five rankers. There was discussion on the mathematical computation and use of decimels. It was standard equation used in the industry. The bidders were informed of the computation as part of the solicitation document. Sydney Calloway with the law firm of Shutz and Bowen, representing CDM Smith, indicated a vendor is protesting a decision. There are legal parameters around a protest and the vendor is attempting to sidetrack the discussion around the one factor that suits their interest. The bottom line is the process may need some tweaking. The staff made an honest attempt to get the best value for the project. The notice of the scoring was given to all three vendors at the same time. A protest could have been filed 22 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 at that time. The same notice from staff about the presentations was received by the vendors. The issue was whether the vendor had proven that staff conducted itself in a way that reflected misconduct on their part, fraud on their part, something relating to arbitrary and capricious behavior on their part. Staff is allowed to make some mistakes. The question is if the conduct amounted to misconduct or any illegality can be found in the process. The legal standard is to show the Commission the staff decision should be reversed and not accept staff recommendation on the basis of their conduct that amounts to an improper procurement. A response to the protest was filed by CDM and should be made part of the record. The assertion of the $1.8 million savings should eliminate MWH from the procurement on that basis alone. The figure reflects unacceptable risk and uncertainty to the City. It does not reflect an industry standard, best value price proposal for this type of project. Mr. Calloway reiterated all vendors were given the same information and instructions. No illegalities have been shown that would warrant the Commission to not accept staff's recommendation. The protest should be rejected and accept the recommendation of staff and award the project to CDM Smith. Kevin Leo, representative for CDM Smith and a resident of Boynton Beach, advised CDM Smith had done several large projects for the City in the past. Scheduling deadlines and budgets have been met and CDM Smith is prepared to negotiate with the City. It is an open book contract and CDM Smith looked forward to working with the City of Boynton Beach. Commissioner McCray was pleased CDM Smith had previous dealings with the City and it was a proven record. He trusted staff. Commissioner Merker felt confident the City did everything right and proper. The issues are how and where the oral presentations become a factor. If all sides were notified of all steps in the process then there was no question. In his view the oral presentations are the most important part and confirm the proposals. If the staff made full disclosure, then the City did the right job. Commissioner Fitzpatrick asked what the rankings were before the oral presentations. Mr. Howard replied MWH had 438.50, CDM Smith had 426 and Haskell 411. Commissioner Fitzpatrick calculated MWH went into the oral presentation ahead by 12.5 points. Commissioner Fitzpatrick inquired if the vendors were notified the oral point range would dilute the percentages by 50 %. Mr. Howard clarified the price and qualifications used the initial 100 points to create the short list. The orals were then 23 Meeting Minutes Regular City Commission Boynton Beach, FL May 6, 2014 requested and the 100 points assigned. The dilution factor was not put in writing. It was two separate factors for the City. Vice Mayor Casello commented both companies were outstanding and either would do a great job. The issue for him was the RFP process did not include language that an oral presentation would have points assigned. It was not outlined in the RFP. This is the first time the process was implemented. MHW played by the rules and was the top ranked team, but did not give the best oral presentation. It does not reflect on their ability to do a great job. Mayor Taylor contended the $1.8 million was open to discussion because the total cost has not been determined. His concern was on the 100 points and how it was done. He understood all parties were told an oral presentation would be required and it is in writing that oral presentations could be requested. They were all told there would be points. Attorney Cherof recalled MWH had reserved the right to use five additional minutes to address the Commission. John Wilcox, Attorney for MWH, made a couple points. The $1.8 million was based on the price proposals set out in the RFP and not based on the total outcome. He pointed out MWH was not questioning the integrity of staff and had not made any accusations. It was a legal argument that a mistake was made. The scoring of the oral presentations was never put in writing. It was only mentioned at the evaluation committee meeting. When asked for clarification, staff referred back to the RFP and the RFP was silent on the scoring of oral presentations. It is common to do oral presentations and score them, but it has to be stated in the RFP. Commissioner Merker asked if there were instances when orals were not scored. Mr. Wilcox replied there were instances when orals were conducted before the scoring is done. It is factored in via the RFP criteria that contained the provision for orals. Mr. Cressman added if the oral presentations were done to adjust the scores and maintain the 100 points, MWH would still be the highest ranked firm and offer the best value to the City. Another point is the price proposal is a fixed price. There are three procurement methods; fixed price, negotiation based on qualifications and submission of a fixed price and consideration of qualifications. The relative value of the price has to be identified and the price cannot be renegotiated. Vice Mayor Casello wanted to see the letter sent by staff stating the oral presentations would be 100 points. Ms. LeRay responded a letter was sent, but it did not state there would be 100 points assigned. Commissioner McCray commented the Commission looks to the City Manager for guidance and staff for recommendations. The $1.8 million should not be considered. 24 Meeting Minutes Regular City Commission Boynton Beach, FL Motion May 6, 2014 Commissioner Merker moved to keep the recommendation, the status quo of where we are and deny the protest. Commissioner McCray seconded the denial. Commissioner Fitzpatrick saw a problem with the system that not all of the rules of the game were spelled out in the RFP. The written RFP did not say that the oral presentations were worth 50% of the score. It would dilute all the previous work and make the presentations the most important part. In his opinion, the written proposals should prevail. Commissioner Merker noted the win is determined based on the presentation. The written proposal is the foundation to present the proposal. Therefore, to win it is done orally. Vote . The motion passed 3 -2 (Vice Mayor Casello and Commissioner Fitzpatrick dissenting). 14. FUTURE AGENDA ITEMS A. Commission review and approval of Community Development Block Grant One -Year Action Plan including applicants for funding - June 3, 2014 B. Budget Workshop dates /times for FY 14/15 Operating and Capital Budget - Monday — 7/21/14 Beginning at 2:00 p.m.; Tuesday — 7/22/14 Beginning at 10:00 a.m.; Wednesday — 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room. C. Discussion on increasing the Park and Recreation Impact Fee requirement for park land to six acres per thousand residents - 5/20/14. D. Beginning July 7, 2014, City Hall hours of operation will be Monday through Friday, 8 a.m. to 5 p.m. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT 25 Meeting Minutes Regular City Commission Boynton Beach, FL There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:55 p.m. ATTEST: t M. Prainito, MMC y Clerk dith A. Pyle, CMC eputy City Clerk CITY OF BOYNTON BEACH Michael M. Fitzpatrick, Co issioner 26 May 6, 2014