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Minutes 12-18-12MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, DECEMBER 18, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Steven Holzman, Commissioner 1. OPENINGS D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Hay pulled Consent Agenda Items 6 B and 6.E for discussion. 1 Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. Call to order - Mayor Woodrow L. Hay B. Invocation C Pledge of Allegiance to the Flag led by Vice Mayor McCray Mayor Hay called the meeting to order at 6:30 p.m. welcoming those present. The tragedy for the families in Newtown, Connecticut was recognized with a moment of silence. The invocation was given by Rev. Lance Chaney from St. John Missionary Baptist Church. The Pledge of Allegiance to the Flag was led by Vice Mayor McCray. Mayor Hay read the Brand Promise Statement: "It is time to take a look at Boynton Beach, a creative haven, embracing artists, writers, entrepreneurs and dreamers ". Mayor Hay requested to move Item 5.0 to 5 D and move Item 11, Unfinished Business, A. Continue discussion of appointment to District I Vacancy, up to be 5.C. After Item 5.D. he added Item 5.E, Swearing in of new Commissioners. Item 5.F would be Item 11.B, Continue discussion of appointment of City Manager. Mayor Hay announced he would allow public input after Item 5.C. Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 Vice Mayor McCray requested to add for discussion under New Business, the Interim Assistant City Manager. Commissioner Holzman inquired why there needed to be discussion about the Assistant City Manager when the Commission had no control over the position. Vice Mayor McCray reiterated he wanted to add the item under New Business for discussion at that time. He also added under Future Agenda Items, a report on the crime rate for the entire City rather than single out one neighborhood or district. Attorney Cherof requested to add an item under Unfinished Business, 11 A as Status of Old High School purchase contract. 2. Adoption Motion Vice Mayor McCray moved to approve. Mayor Hay passed the gavel and seconded the motion. Vote The motion passed 2 -1 (Commissioner Holzman dissenting). 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor McCray thanked the Boynton Beach Police Department for supporting the needs of the little citizens of the City with the Shop with a Cop program. Mayor Hay added he had worked with the Police and the program. It would be held at the WalMart on South Federal Highway next. Each child is given $100 to shop and most shopped for others rather than themselves. The program helps teach the children to budget their monies and also builds a relationship between the children and the officers 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 adjusted depending on the level of business coming before the City Commission) Mayor Hay asked that any comments relating to the Commission vacancies be reserved until the discussion with Item 5.C. David Floering, 417 NE 6 Avenue, recalled he had previously requested Marlene Ross's resignation as a Commissioner and she ultimately had resigned. It was stated in depositions to the State Attorney, in the Lisa Bright wrongful termination suit and depositions given to others, making it common knowledge that Marlene Ross did not live in the City making her not qualified to be a City Commissioner. Ms. Ross asserted that Attorney Cherof had advised her to get a fake mailing address within her district. She divulged the Interim City Manager had knowledge she did not live in the City. Mr. Floering argued that neither City Attorney Cherof nor the Interim City Manager should be sitting at the dais having this knowledge and asked that they both resign. The Commission should have been advised because it clearly violated the Charter. According to the State Attorney's office any votes she made before the time the City Manager and City Attorney were aware of his change in residency could be declared de facto and there would be no ramifications against the City. After the residency change was made known, all the votes she tendered could be open to civil litigations against the City. Mr. Floering contended the Commission had to act upon the matter Herb Suss, 1711 Woodfern Drive, pleaded for the Commission to outlaw gun magazines of more than 30 bullets and assault weapons. Although he agreed with the 2 Amendment of the Constitution, some further restrictions were necessary. He suggested there be more intense security measures over the holidays at schools. Mr. Suss felt the citizens should make their Congressmen accountable for voting to limit the bigger magazines and assault weapons. Mayor Hay commented the next agenda would include discussion on the gun laws. Carl Montero, 760 E. Ocean Avenue, commented that the sale of fertilizer and gasoline should be more closely regulated too. He brought up the fact the small park under the Ocean Avenue bridge had become a haven for the homeless creating unsanitary conditions. The sidewalks are not maintained and the local residents are cleaning the area. Many of the residents feel the area is unsafe especially in the evenings and night. Mr. Montero requested that on a weekly basis the walks and park be cleaned and policed. The area had become a trouble spot. Kevin Scully, 2005 South Federal Highway, owner of Scully's Restaurant, needed help from the City to persuade Florida Power & Light to postpone their utility pole work until April rather than January. He would appreciate some assistance from the City Manager's office in particular 3 Meeting Minutes Regular City Commission Boynton Beach, FL James M. Brake, 710 SW 27 Terrace, Planning and Development Board member, advised the Community Redevelopment Agency (CRA) Board had passed a motion to be given Planning and Development Board powers for the CRA area. The City Commission would have the final approval of the change. Mr. Brake asked the Commission to not divide the City by cutting the CRA area out of the Planning and Development Board's responsibilities. The current Planning and Development Board includes professionals related to the development field. In 2007, the powers were taken away from the CRA Board and any requests passed through the Planning and Development Board and then the Commission for approval. The removal of the Planning and Development Board from the process would jeopardize downtown development based on the instability that exists on the City Commission and by default, the CRA Board. Mr. Brake urged the Commission to not consider the change until after the March municipal election. Michael Fitzpatrick, 175 SW 2 Street and prior thereto at 101 SW 4 Avenue, is a Fire Lieutenant and Paramedic working for the City of Boynton Beach for 22 years. Per the City Administrative Policy Manual dealing with political activity, Mr. Fitzpatrick appeared before the Commission off duty and not wearing any City issued apparel. He announced his candidacy for the District III seat on the Commission. He had spent his entire life in Boynton Beach while remaining committed to the City of Boynton Beach through civic involvement. He had worked to earn degrees in Economics, Political Science, Fire Science and will graduate from Florida Atlantic University with a Civil Engineering degree. His position on the Commission would be the next level of commitment to the citizens of Boynton Beach and in District III. Mr. Fitzpatrick understood that serving on the Commission and working for Fire Rescue was not in accordance with State Law. When elected he would resign from the Fire Rescue Department after two decades of service David Katz, 67 Midwood Lane, stressed his previous comments relating to the suspended Mayor and Commissioner resignation was appropriate. A recent editorial written by Randy Shultz of the Palm Beach Post focused on Mr. Katz. Mr. Katz pointed out Mr. Shultz lived in a gated community in Boca Raton and had not attended any Boynton Beach Commission meetings during or after Mr. Katz's tenure as a Commissioner. Mr. Katz noted that on Facebook only 37,000 liked the Post There are 963,000 other residents in Palm Beach County. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE December 18, 2012 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 4 Meeting Minutes Regular City Commission Boynton Beach, FL Motion 5 December 18, 2012 Building Board of Adjustments & Appeals 3 regulars and 1 alternate Cemetery Board: 1 regular and 1 alternate Code Compliance: 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Board: 2 regulars and 2 alternates Library Board: 1 regular and 1 alternate Planning & Development Board: 2 regulars and 2 alternates Recreation & Parks Board: 2 alternates Senior Advisory Board 3 regulars and 1 alternate Veterans Commission: 2 alternates Mayor Hay noted there were two alternate positions available on the Building Board of Adjustment and Appeals. Mayor Hay noted the openings assigned to the vacant Commission seats would not be addressed at this time. The Commission respects the request of the applicants to be either a regular or an alternate. Commissioner Holzman suggested, based on previous comments made regarding the lack of volunteerism, it may be in the best interest of the community to waiver from the policy to make sure the advisory boards are full. Mayor Hay indicated any change would have to be brought back to the Commission for discussion first. Vice Mayor McCray recalled the last time he had appointed David Katz for a board it was noted there was an outstanding fine. After the investigation was completed it was determined there was no merit in what had been said and done. Vice Mayor McCray appointed David Katz to serve on the Planning and Development Board. Mayor Hay passed the gavel and seconded the motion Vote The motion passed 2 -1 (Commissioner Holzman dissenting). There was agreement there could be no other appointments. B Discuss request for renaming Veterans Park on Ocean Avenue. Ms. LaVerriere reported there was a request from Vivian Brooks, the CRA Director, for the Commission to rename Veterans Park. There is the Bicentennial Veterans Memorial Park located on Federal Highway that creates some confusion for veterans. The Commission could appoint a committee to select a name. The committee could be made up of current members of advisory boards which has been done in the past. Meeting Minutes Regular City Commission Boynton Beach, FL Another alternative would be for the Commission to make the decision to change the name to Ocean Avenue Park without further input. Mayor Hay liked the Ocean Avenue Park name because it is a goal to develop the area. Commissioner Holzman recalled there were groups who had volunteered to sponsor the name changing of any park. The amount of $600 is a small amount for organizations to become involved with the City and foster a sense of ownership. He preferred to offer the idea to the community and organizations or corporations to sponsor the name change of the Park and change the name. Commissioner Holzman did not feel the $600 should be spent out of City funds. Vice Mayor McCray agreed with Mayor Hay He was concerned if the opportunity was given to individuals, groups or organizations to name parks, the name selected may not be appropriate. Motion Vice Mayor McCray moved to name the park Ocean Avenue Park. Mayor Hay passed the gavel and seconded the motion Vote December 18, 2012 The motion passed 2 -1 (Commissioner Holzman dissenting). Mayor Hay remarked he had a list of seven names from District 1 and nine names from District 4. Mayor Hay wanted the interested parties to stand and be recognized as their names were called out. Commissioner Holzman suggested the applicants come to the podium and state why they should be appointed. Mayor Hay disagreed. Commissioner Holzman contended it was a very important decision and the public should be allowed to meet the individuals. Vice Mayor McCray interjected the decision had to be made by the Commission and not the public at this time. He agreed with the process outlined by Mayor Hay. Consensus Mayor Hay declared there was consensus based on Vice Mayor McCray's remarks. The following names were called: Robert Klinger — not present Carol Brenner Jack McVey — not present Jerry Taylor Michael Besse!! — not present 6 Meeting Minutes Regular City Commission Boynton Beach, FL Dr. Piotr Blass — not present and out of town Cliff Montross — not present. December 18, 2012 Mayor Hay opened the issue for public comment. David Floering, 417 NE 6 Avenue, commented if the applicants did not feel it was important enough to show up for the meeting, they should be excluded from consideration. He wanted to limit the potential candidates to Jerry Taylor and Carol Brenner. Herb Suss, 1711 Woodfern Drive, supported Jerry Taylor who had the experience and should be appointed for the next four meetings. The City Manager could then be appointed. Jeff Fisher, 17 Colonial Club Drive, Unit 203, asserted with the two vacancies 50% of the citizens have no representation at the meeting or any direct input into the decision making process to appoint a Commissioner. The citizens in District 1 and IV could and should question every decision or proposal set forth Even though Mr. Fisher resided in District III that had representation, it did not diminish his concerns for Boynton Beach. It was the responsibility of the Commissioners to make the Commission 100% whole. There are 16 candidates in total who offered their services The two best candidates need to be selected to represent all the citizens Having read their resumes he believed all the candidates were passionate and qualified. He mentioned he had served on the Financial Advisory Committee under the leadership of Don Scantlan and based on that experience, he highly recommended Mr. Scantlan for the District IV vacancy. Carol Brenner, 1144 SW 24 Avenue, announced she had included her name to serve in District I for the next four meetings She felt if the goal was to give a new impression for Boynton Beach and have a new perspective, maybe someone new might be a better choice. She was eligible for the position, educated and lived in Boynton Beach. She would dedicate her time to serving the City since she was semi - retired. She did hope to be a candidate in the March election and bring something fresh and new to the City. Jerry Taylor advised he had nothing to add. David Merker, Southport Lane, was a new face and the only declared candidate in District I. Since there is an opening and many issues regarding the City, he highly recommended the nomination of Jerry Taylor. No one else coming forward, Mayor Hay closed public audience and explained the process to be followed for nominations C Continue discussion of appointment to District I Vacancy Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner Holzman reiterated his opinion the Commission should wait until the March election. He agreed with Ms. Brenner's comments and nominated her to represent District I. Vote The motion died for lack of a second Motion Vice Mayor McCray opined he had originally agreed with the Charter and the use of the word "shall" meaning the appointment should have been made by the second meeting after the declaration of vacancy. He nominated former Mayor Jerry Taylor. Mayor Hay passed the gavel and seconded the motion. Vote The vote was 2 -1 (Commissioner Holzman dissenting). D Address District IV Vacancy - filling of vacant seat Mayor Hay announced there were nine candidates and asked the individuals to be recognized. Charles Kanter — not present Sharon Grcevic Diane Johnson Don Scantlan Wayne Segal Henderson Tillman Cory Kravit Joe Casello Amy Kelley Commissioner Holzman inquired if the newly appointed Commissioner should take his seat at the dais immediately Attorney Cherof deferred to the Chair and asked if both seats could be given the oath at the same time would also be appropriate Mayor Hay directed both seats would be filled and the oaths given at the same time. 8 December 18, 2012 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 Motion Mayor Hay nominated Wayne Segal for District IV. Vice Mayor McCray seconded the nomination. Vote The motion passed unanimously. E Swearing in of new Commissioners City Clerk Prainito administered the oath of office to Jerry Taylor, Commissioner for District I and Wayne Segal, Commissioner for District IV. Both Commissioners were seated at the dais and congratulated by the members of the Commission, Attorney Cherof and Ms LaVerriere. Vice Mayor McCray stressed there is a full Commission again and the City would move forward. Mayor Hay remarked the City had been derailed and now the Commission is back on track. He looked for wonderful things to happen in the City going into the new year. Christmas came early. Commissioner Taylor thanked the Commission for their remarks and appreciated the opportunity to serve the residents of Boynton Beach. He would be serving until the March election when he would be running for Mayor. He thanked those who supported his nomination and vowed to continue to work to earn the support of those who did not favor his selection. He had no enemies and would be available to everyone, listen to others' opinions or suggestions and work with everyone as best he could. Commissioner Taylor wanted a unified Commission and looked for a prosperous year in 2013. Commissioner Segal thanked the Commission for their vote of confidence He announced he had no intention of running in March. His only agenda was to help move the City forward through March. He would use all his abilities to make it happen F. Continue discussion of appointment of City Manager Mayor Hay repeated his contention that Ms. LaVerriere was an excellent City Manager who has gone beyond the call of duty. She has been the Interim City Manager for 18 months with no problems. It is time to do the right thing and make her the full -time City Manager of the City of Boynton Beach. 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 Commissioner Taylor had worked with Ms. LaVerriere in the past as Assistant City Manager and watched her during the Commission meetings and working in the City since Mr Bressner left. She has been an excellent City Manager and has the required skills and knowledge. Motion Commissioner Taylor moved to drop the word "Interim" and name Lori LaVerriere full - time City Manager of the City of Boynton Beach. Vice Mayor McCray seconded the motion for discussion. Vice Mayor McCray remarked he had been interviewing Ms. LaVerriere for the first month and half after his appointment and had nothing but accolades for her She is a lady and he felt she should have been the City Manager long before he was seated at the dais. Commissioner Holzman felt it was improper to ask Commissioner Segal who has not had the opportunity to work with Ms. LaVerriere from a manager standpoint or in any business situation, before deciding who should be the head of the organization. Commissioner Holzman found it astonishing that the Board said no to a simple evaluation and one meeting later was making a decision to appoint one person to the head position of the organization. Without an evaluation and analysis, he was not sure how a decision could be made. An evaluation should be done and if the proper decision would be to hire that individual, the decision should be made. It is necessary to evaluate, analyze and then decide Asking Commissioner Taylor and Commissioner Segal to make a decision on their first night without the opportunity to interact with Ms. LaVerriere on this basis was inappropriate. Mayor Hay indicated Commissioner Segal had been working with Ms. LaVerriere for many years as an employee of the City. He ventured that Commissioner Segal had had more interaction with her than Commissioner Holzman. There had been discussion and it was decided there would not be an evaluation of a temporary position. An evaluation should be done after Ms. LaVerriere has been on the job for one year as the City Manager. Commissioner Holzman argued she had been on the job for 18 months and there had been no evaluation. Mayor Hay pointed out Commissioner Holzman would not even communicate with the Interim City Manager and only go through the Interim Assistant City Manager. Commissioner Segal mentioned he had been the Public Affairs Officer for 11 years and half of that time he had the privilege and honor to work with Ms. LaVerriere. He asserted she was the best boss anyone could ever have. He described her as motivating, inspirational and offered praise as often as she could. Commissioner Segal felt she had done an awesome job during her 18 months as the Interim City Manager. He completely concurred with removing the Interim title. 1 0 Meeting Minutes Regular City Commission Boynton Beach, FL Vote December 18, 2012 The motion passed 4 -1 (Commissioner Holzman dissenting). Mayor Hay presented the City Manager of the City of Boynton Beach, Lori LaVerriere. Ms LaVerriere thanked the City Commission and remarked it was a journey she had embraced and committed herself completely to the City and doing the best job she could. Over the past year and a half, many things had been accomplished with the combined efforts of herself and a phenomenal staff. She assured the Commission she would be fully committed and do the absolute best she could to take advantage of the City's many opportunities to enhance economic development and rebranding. She welcomed feedback and evaluation and hoped to establish goals and measurable achievements that the Commission wanted her to achieve. She welcomed the dialogue and feedback through two -way conversations. She would steer the City at the direction of the Commission The community support had been overwhelming and she would do her best to support the City. 6. CONSENT AGENDA Motion Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R12 -129 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. Accept the City of Boynton Beach FY2011/2012 Annual Grants Report. Mayor Hay called Debbie Majors, Grants Team Coordinator, forward and thanked her for the annual report and job well done. He recognized the other team members who were present. These are competitive grants that the team worked to win the 12 grant awards received, being five more than last year. Not only do they win the awards, they manage the projects. The grants produced summer employment for low- income adults, purchased police radios, computers and other equipment and provided additional officers on the street during holiday shopping and other funding opportunities. Mayor Hay encouraged the team to keep up the good work. Vice Mayor McCray moved to accept the annual grant report. Commissioner Holzman seconded the motion. 11 Meeting Minutes Regular City Commission Boynton Beach, FL Vote Motion Vice Mayor McCray so moved. Commissioner Taylor seconded the motion. Vote The motion passed unanimously. 12 December 18, 2012 The motion passed unanimously. C. PROPOSED RESOLUTION NO. R12 -130 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool D PROPOSED RESOLUTION NO. R12 -131 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Madeleine Fervil for the property at 7825 Terrace Rd, Lantana, FL E. PROPOSED RESOLUTION NO. R12 -132 - Delegating authority to a canvassing board consisting of the City Clerk of the City of Boynton Beach and the Palm Beach County Supervisor of Elections for the March 2013 Municipal Election Mayor Hay had pulled Item 6.E to make a correction to the Ordinance in the second whereas clause should be March 2013 rather than March 2012. In Section 2 the date should be 2013 rather than 2012. F. PROPOSED RESOLUTION NO. R12 -133 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach G. Approve request by Lake Worth Christian School to hold a fundraising carnival on school property. Applicant: Bob Hook for LWCS H. (1) Approve the list of top ranking qualifiers identified by the Evaluation Committee from the responses received to the Request for Qualifications for "ADA CONSULTANT SERVICES "; RFQ No. 074 - 2510- 12 /JMA; and (2) Authorize City staff to conduct negotiations for compensation of services with Meeting Minutes Regular City Commission Boynton Beach, FL Motion December 18, 2012 the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiations Act. I. PROPOSED RESOLUTION NO. R12 -134 - Approve an agreement with the Gehring Group in Palm Beach Gardens, FL for Benefits Consulting Services for the City of Boynton Beach per RFP #076- 1610- 12 /JMA for the term January 1, 2013 through March 31, 2014 for a base monthly fee of $6,650.00 ($79,800 annually) with the option to initiate an on -line benefit program during the agreement for an added monthly fee to be determined at the time the City wants to initiate the program. The agreement provides the City with the option of four (4) one -year renewals J Accept the written report to the Commission for purchases over $10,000 for the month of November 2012. K. Approve the minutes from the regular City Commission meeting held on December 4, 2012 L. PROPOSED RESOLUTION NO. R12 -123 - Approve the piggy -back of City of Lakeland, FL agreement for Annual Collection Services on delinquent utility and miscellaneous receivable accounts with Penn Credit of Harrisburg, PA. The agreement provides collection services at a commission rate of 16% for first placement accounts and 24% for second placement accounts. (TABLED ON DECEMBER 4, 2012) Commissioner Taylor moved to remove Item 6.L from the table. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor McCray moved to approve. Commissioner Taylor seconded the motion. Vote The motion passed unanimously. M. PROPOSED RESOLUTION NO. R12 -135 - Approve Second Amendment to Professional Services Agreement with American Traffic Solutions "ATS ". 13 Meeting Minutes Regular City Commission Boynton Beach, FL N. PROPOSED RESOLUTION NO. R12 -136 - Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on November 8, 2012 and approve the Seventh Amendment to the Interlocal Agreement between the Cities of Boynton Beach and Delray Beach. Section 3. Powers and Procedures subsection (A)3 "A Quorum for the purpose of transacting business shall consist of not less than two (2) members of the City Commission of Boynton and not less than two (2) members of the City Commission of Delray" 7. BIDS AND PURCHASES OVER $100,000 Motion December 18, 2012 A. PROPOSED RESOLUTION NO. R12 -137 - Approve and authorize signature of a three year enterprise agreement between Microsoft Corporation and the City of Boynton Beach for software licensing through Software House International (sole source supplier for Microsoft Software under State Contract number 252- 001-09-1) in the annual amount of $269,346.32. Commissioner Holzman moved to approve Proposed Resolution No R12 -137 Vice Mayor McCray 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. A Approve New Site Plan for 80 multi - family rental units and associated recreational amenities and parking areas and request for three (3) setback waivers, on Lot 17 of the Quantum Park PID located at the NW corner of Gateway and Quantum Boulevards. Applicant Alfred LaFave of Olen Development. B. Approve Major Site Plan Modification for 104 multi - family rental units and associated recreational amenities and parking areas and request for four (4) 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 setback waivers, on Lot 52 of the Quantum Park PID located at the SE corner of Gateway and Park Ridge Boulevards Applicant: Alfred LaFave of Olen Development. Attorney Cherof administered an oath to all those intending to testify and outlined the procedure to be followed. It was agreed by the applicant that the matters could be combined for hearing. Ed Breese, Principal Planner, indicated the properties were close to each other being Lot 17 and Lot 52. Lot 17 is a 5.2 acre parcel to have 80 dwelling units. Both lots have the designation of Development of Regional Impact (DRI) that has a mixed -use option and land -use option allowing residential development. In addition to the New Site Plan on Lot 17, three setback waivers were requested for the south, east and west sides. The setbacks for the Planned Industrial Development (PID) are 30 feet for the front and rear and 20 feet for the north property line. There are two types of buildings proposed; one having 24 units and the other would have 16 units. The one - bedroom unit would be 676 square feet under air plus a patio or balcony and the two- bedroom units would have 1,230 square feet. The proposed setbacks would be 21.75 feet in the front, 22 feet in the rear, side corner 26 feet and the side interior would be 20 feet abutting the Literacy Coalition project. The justifications are the south abuts Gateway Boulevard, the east abuts Quantum Boulevard and the rear the drainage lake, none of which would affect any private property. Staff recommends approval of those three waivers and the site plan subject to the conditions of approval. The Quantum Park Property Owners Association Architectural Review Committee has reviewed the plan and is working through their concerns with the developer The applicant, Alfred LaFave, was present and advised he had no objection to the Conditions of Approval. Motion Vice Mayor McCray moved to approve. Commissioner Taylor seconded the motion for discussion. Commissioner Taylor pointed out, if approved, the annual revenue would be $98,700 in ad valorem taxes, fire assessment, business tax, water, sewer, stormwater fees, fire inspection fee, refuse collection and a one -time building permit fee. Commissioner Holzman commented it was important for the Commission to envision what has been done to the area originally designated as an industrial zone. Viewed from the idea of continuity and taking the City forward, Quantum Park has become a 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 hodge -podge mess that is going to haunt the City in the future and does not make sense. It should be stopped. Mayor Hay opened the issue for any public comment. Edward Tedtmann, 869 NW 8 Avenue, saw a large portion of the property was in the drainage ditch. The net, buildable acres would be even Tess and increase the density to 20 units per acre or more. Mr. Breese responded there was no density limitation within the DRI. The project has an entitlement of 1,905 dwelling units within Quantum Park. There are 1,103 units site plan approved and this would add 80 units. This parcel density would be almost 16 dwelling units per acre based on gross acreage. Commissioner Holzman asked what the density requirement would be in another part of the City for the same amount of acreage. Mr. Breese replied it would be approximately 16 dwelling units per acre. Typically the mixed -use projects range from 20 to 80 dwelling units per acre. Commissioner Holzman also inquired about the impact on the drainage in the area. Mr. Breese advised there would be no impact and it would be more closely reviewed during permitting. Several other entities also review the proposal. Attorney Cherof administered an oath to those who had not taken the oath previously. Charles Gaulkin, 8 Colonial Club Drive, was concerned about the City's readiness to yield to the requirements of setbacks. Mr. Gaulkin did not feel the justification would lead to the optimum form of design for the use of the property to be developed. He did not want the normal rules for setbacks to be overruled simply based on the adjacent right -of -way Aesthetic quality should be considered and Mr. Gaulkin worried the request was setting a trend for the City. The tax benefit of a development should not be a determining factor in changing the standards established by the City. Herb Suss, 1711 Woodfern Drive, wanted to know the impact on traffic along Gateway Boulevard, impact to the School on Gateway and possibility of overproduction of units. The quality of life issues have to be considered and he hoped his questions would be addressed. Vote The motion passed unanimously. Mr. Breese clarified that Lot 17 would have no access to Gateway with ingress and egress off of Quantum Boulevard. Lot 52 would have its curb cut on Quantum Lakes Boulevard. The second project was for 104 dwelling units for a major site plan modification. It was previously approved as a three - story, 60,000 square foot office building that was never constructed. 16 Meeting Minutes Regular City Commission Boynton Beach, FL The developer was requesting four setback waivers. He explained the urban form was to build up to the street as adopted in most of the redevelopment plans and has been promoted by the City. Typically the setbacks are geared toward the impact on the adjacent property. Lot 52 has a street on the north and west sides, and a lake on two sides. The property does not abut any other developments. Staff agreed with the setbacks and justifications submitted. The Quantum Park Property Owners Association Architectural Review Committee had a few more comments on this Lot with two areas of concern. The first concern was the possible secondary access onto Park Ridge Boulevard. The traffic study did not recommend the need for the driveway and staff agreed. The reduced setbacks along the lake were a concern and the applicant agreed to replace any damage done to any plantings during construction. Staff recommended approval of the waivers and major site plan modification Mr. LaFave advised there was no objection to any of the conditions of approval. Mayor Hay opened the issue for public input. No one coming forward, Mayor Hay closed public hearing. Motion Vice Mayor McCray moved to approve. Commissioner Taylor seconded the motion for comment. Commissioner Taylor remarked the concerns voiced by the public were valid concerns and each request was individually determined. This project would bring $128,000 in revenue, but was not the basis for the decision. He stressed each project is individually assessed. Vote The motion passed unanimously. December 18, 2012 C. PROPOSED ORDINANCE NO. 12 -025 - FIRST READING - Approve the historic designation application for the Sophie Amichai House located at 229 SW 1st Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 12 -025 by title only on first reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote 17 Meeting Minutes Regular City Commission Boynton Beach, FL City Clerk Prainito called the role. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 12 -026 - FIRST READING - Approve the historic designation application for the Oscar Magnuson House located at 211 East Ocean Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 12 -026 by title only on first reading. Motion Commissioner Holzman moved to approve Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS (This item was moved to Item 5.C) (This item was moved to Item 5.F.) A. Status of Old High School purchase contract. Ms LaVerriere explained staff needed policy direction on a few issues to finalize the purchase agreement. Meetings with the developer and staff had resolved most of the details. An adjustment of the timeline by one month to start the six -month clock on January 10 due to the time needed to get the purchase agreement finalized, is one request An adjusted timeline was distributed that factored in all the site plan approvals, applications, rezoning, land -use change and possible re- plating that was agreeable with the developer and the City. If the timeline is acceptable, Ms. LaVerriere sought approval to amend the agreement accordingly. Juan Contin, 826 S. Federal Highway, Lake Worth, agreed with the proposed changes. The meeting that was held resolved many things the City needed to do inter- departmentally and that he needed to do to pull the project together. 18 December 18, 2012 Meeting Minutes Regular City Commission Boynton Beach, FL Attorney Cherof did point out the purchase agreement would be signed before the next Commission meeting. If the Commission would want to see the document, the date could be moved to January 15 Consensus There was consensus the agreement could be signed prior to the meeting. Ms. LaVerriere advised the agreement would be distributed by email to the Commission for review. Ms. LaVerriere continued the use restrictions on the property had not been discussed. It is a policy discussion on restricting any possibility of adult entertainment venues, schools, half -way houses, sober houses, gas stations or dry cleaners. Consensus There was consensus on the restrictions as stated. Mr. Contin agreed. Ms. LaVerriere indicated the agreement was for the footprint of the parcel where the building is located, knowing the lots to the west and north have to be added for parking. The boundaries would be adjusted in the project document. The actual conveyance will include Lots 4, 5 and 6. The location of the actual Tots was discussed. Lot 5 currently is utilized for employee parking that would be relocated to 1 Avenue on CRA property. Attorney Cherof noted once the property is conveyed the developer would own the three lots. Mayor Hay questioned if the historical aspect of the building had been preserved. Ms. LaVerriere replied the Historic Resource Preservation Board would be voting on the local designation with an ordinance to the Commission on January 15 and February 6. Attorney Cherof explained the concept of the reverter clause. The City has control of the property and again on February 6 the Commission must approve a developer agreement. If the agreement is not approved, the project would not move forward. July 10 is the closing date, and assuming the financing is completed, the property would be conveyed and the developer would encumber the property with a loan or mortgage. Thereafter, they will own the property and the City will have no involvement. Attorney Cherof was not sure why a reverter provision would be exercised knowing the property would be mortgaged. The concept is if construction does not start by a date certain and the construction is not completed by a date certain, the property would revert to the City, notwithstanding the closing. It would be taken back subject to any mortgage on the property. The other provision that could trigger the reverter would be the violation of the uses listed. 19 December 18, 2012 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 Commissioner Taylor understood Lots 5 and 6 would be given to the developer at no cost. Attorney Cherof agreed. Consensus Mayor Hay declared there was consensus on the reverter clauses. Attorney Cherof added that Mr. Contin had indicated to Ms. LaVerriere that the reverter provision could inhibit his ability to obtain financing If it becomes a problem, Mr Contin can return to the Commission for modification. 12. NEW BUSINESS A. Discussion on the Assistant City Manager Vice Mayor McCray contended Ms. LeJeune had the title of Interim Assistant City Manager and proven herself over the past 18 months. It needed to be cleaned up by the City Manager and Human Resources. Mayor Hay agreed with Vice Mayor McCray's remarks but advised it was an administrative function of the City Manager He hoped Ms. LaVerriere would take it upon herself to correct the situation, 13. LEGAL A. Approval of ordinances amending Charter consistent with previous Commission direction Attorney Cherof commented on the Charter Amendment provisions, the Commission had some time and could wait to the next Commission meeting to complete the process and still meet the deadline for the Supervisor of Election. Motion Vice Mayor McCray moved to table all four Proposed Ordinances. Commissioner Taylor seconded the motion. PROPOSED ORDINANCE NO. 12 -020 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot, 20 Meeting Minutes Regular City Commission Boynton Beach, FL 21 December 18, 2012 PROPOSED ORDINANCE NO. 12 -021 - SECOND READING - PUBLIC MEETING - Amending the Charter to allow a City Commissioner to retain office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -022 - SECOND READING - PUBLIC HEARING - Amendments to current City Charter Section 19 regarding term limits; increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot; PROPOSED ORDINANCE NO. 12 -023 - SECOND READING - PUBLIC HEARING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non - substantive language, correction of grammatical and punctuation errors, deletion of provisions which are superseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. B. PROPOSED ORDINANCE NO. 12 -024 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending sale of City owned real property Attorney Cherof read Proposed Ordinance No. 12 -024 by title only on second reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward and Mayor Hay closed public hearing. Vote City Clerk Prainito called the roll. The vote was 5 -0. Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2012 C. Approval of settlement of stormwater utility fee arrearage Attorney Cherof explained this related to stormwater utility fees that were unpaid because they were not billed. Under the Code, Hunter's Run was still responsible for payment. Negotiations were held and resulted in the collection of $75,000 in unpaid stormwater utility fees and would bring the account current. He pointed out, once Hunter's Run was advised they were not paying their fee, they have been current. Commissioner Holzman asked for the actual arrearage amount. Attorney Cherof advised the total number was $352,000 uncollected since 1993. As a matter of law the collection can only cover a specified number of years and it was agreed four years with the amount due of slightly over $100,000. Motion Commissioner Taylor moved to approve. Vice Mayor McCray seconded the motion. Commissioner Holzman questioned if processes had been put in place to avoid large arrearages. He suggested a thorough and complete audit of the utility bills should be done. Ms. LaVerriere confirmed audits had been done by two outside firms with an intensive study of the data that resulted in the discovery of these arrearages. It was believed there should be nothing else in arrears. Ms. LaVerriere reported it was a simple data entry error for stormwater fees for the Hunters Run clubhouse building. A code for the building type is entered and the fee would be calculated on equivalent residential units and other criteria. The code was not entered back in the 1990s. Commissioner Holzman was glad the error was caught and he hoped staff was now double, triple and quadruple checking everything is done correctly. It was time to take a real look at the systems in place to assure similar scenarios do not arise. Ms. LaVerriere completely agreed and reiterated the two firms were brought in to discover the issues and identify solutions, technology, or management systems that can improve efficiencies and data management Vice Mayor McCray asked what the fee was for the two firms. Ms. LaVerriere would provide the actual figures. It was a percentage of the monies recouped. Vice Mayor McCray wanted to be sure it was less than what was collected. Attorney Cherof added there have been two significant arrearage matters. One was Villa Lago and 100 cents on the dollar was recouped. Hunters Run resulted in 80 cents on the dollar being paid. Vote The motion passed unanimously. 22 Meeting Minutes Regular City Commission Boynton Beach, FL 14. FUTURE AGENDA ITEMS A Hear update from Christ Fellowship Church regarding their move into Boynton Beach Mall - 2/5/13 B. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT Mayor Hay wished everyone Happy Holidays and adjourned the meeting at 8:21 p.m. CITY OF BOYNTON BEACH Woodrow L - - , 'w ,• _i ATTEST et M. Prainito, MMC y Clerk TmfIscribed by Jud eputy City Clerk A. Pyle, CMC Steven Holza(a Wayn egal, Com ssioner 23 December 18, 2012 ck McCray, Vice Mayor rry T- oho i issi fission