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Minutes 04-02-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, APRIL 2, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor David T. Merker, Commissioner Woodrow L. Hay, Commissioner Michael M. Fitzpatrick, Commissioner Wayne Segal, Commissioner 1. OPENINGS Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. CaII to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Hay gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick. D. Brand Promise Statement The Brand Promise Statement was read as follows: "It is time to take a look at Boynton Beach, conveniently nestled in the coastal heart of Palm Beach County." Announcement of Election Results Swearing in of Commissioner District IV — Joe Casello Selection of Vice Mayor Swearing in of Vice Mayor Mayor Taylor announced the election results showing Joe Casello with 50.24% and 308 votes and Cory Kravit with 49.78% and 305 votes. 1 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner Merker moved to accept the results. Commissioner Hay seconded the motion. Vote The motion was passed unanimously. April 2, 2013 City Clerk Prainito administered the Oath of Office to Joe Casello, Commissioner District IV. Commissioner Casello thanked the interim Commissioner Wayne Segal for his dedication and leadership under adverse conditions, helping to stabilize the Commission. He thanked his wife, Josephine and daughter, Trinity, for their love and support during the election process. To his friends, family and supporters and through countless hours of hard work, he thanked those that made the campaign successful. He thanked the voters who came out twice to participate in the democratic process supported by our forefathers and their sacrifices. This election should be used as a future learning tool that every vote counts. Finally he quoted, "In my political life I will have decisions to make that will demand courage. I hope I will have the courage to make them based on my principals." God bless the Commission and God bless Boynton Beach. Wayne Segal thanked everyone for the honor and privilege of serving the City. It had been a great experience. Things were happening in Boynton Beach with a new Commission and with Mayor Taylor's leadership great things will happen. He was glad to be part of the efforts to move the City forward. Mayor Taylor opened the floor for nominations for Vice Mayor. Nomination Commissioner Merker nominated Woodrow Hay to the position of Vice Mayor. When the City was in disarray, the acting Mayor, Woodrow Hay, kept the Commission respectful and had an open door to the people. Commissioner Fitzpatrick seconded the nomination. There were no other nominations. Vote The vote was unanimous. 2 Meeting Minutes Regular City Commission Boynton Beach, FL City Clerk Prainito administered the Oath of Office to Woodrow L. Hay as Vice Mayor of the City of Boynton Beach. Vice Mayor Hay indicated he would continue to serve Boynton as in the past and even more as Vice Mayor. He had the honor and privilege to be selected by his peers to serve in the community. Motion E. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor pulled Item 6.A for staff comments. Vice Mayor Hay pulled Item 6.K. Commissioner Fitzpatrick pulled Item 6.J. 2. Adoption Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Vice Mayor Hay had attended the Metropolitan Planning Organization meeting and the discussion of the commuter rail. It is a train going from Miami to Orlando. The County needed to be sure it had a presence at the discussions. The planned original route that would have somewhat bypassed Palm Beach County, has been changed and would now go through Palm Beach County. He and Mayor Taylor had gone to a rally for the Mayors Against Guns, along with many State representatives. It is the position of the Mayors and elected officials to push the State and Federal governments to do something to curb the violence in the communities and schools. Commissioner Merker commented people have to define what the Constitution says and do what is right for the people. The idea of possessing guns is not wrong, but the idea of people of wrong doing possessing guns is the issue. Every town in the United States needs to recognize the interpretation can go in different directions and too many innocent people are being harmed because of tunnel vision on the issue. 3 April 2, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 Commissioner Casello noted there had been a couple recent tragedies in the City and he had visited the sites to see the impact. His heart and prayers went out to the families of the victims. It appeared to him that things were getting back to normal in the areas. Boynton Beach would heal and move forward. Mayor Taylor remarked he had attended the Citizens on Patrol picnic with Vice Mayor Hay. There was a big turnout. He thanked the many volunteers who patrol the neighborhoods to help the Police Department. Mayor Taylor announced Dee Zebelli and Donna Harmening had passed away. Ms. Zebelli was an activist in the community for many years. Donna Harmening was wife of Mayor Ed Harmening and was a great friend of the Library. He asked they be remembered in prayer. Mayor Taylor announced a special joint City Commission and Community Redevelopment Agency Board meeting to be held on April 4 beginning at 9:30 a.m. in the Library Program Room. It would include a trolley tour of the City and a lunch meeting. Mayor Taylor asked the next agenda include an item to discuss possible ways to open the Police Department lobby a couple more days a week. The current policy of one day was not convenient for the citizens. The City Manager would submit a proposal to be considered. Consensus There was agreement to have the discussion added to the next agenda. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of April as "Fair Housing Month" in the City of Boynton Beach. Mayor Taylor read the proclamation and presented it to Octavia Sherrod, Community Development Manager. B. Proclaim the week of April 14 - April 20, 2013 as National Library Week with Tuesday, April 16, 2013 as National Library Workers Day. Craig Clark, Library Director, accepted the proclamation read by Mayor Taylor recognizing April 14 — 20 as Library Week. Mr. Clark thanked all the Library staff for their excellent service to 352,000 people last year, checking out over 360,000 items. More than 87,000 people used the public access computers also. He thanked the Commission for their continued support of the Library. 4 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 C. Proclaim the month of April as the "Water Conservation Month" for the City of Boynton Beach Mayor Taylor proclaimed April Water Conservation Month. Kofi Boateng, Director of Utilities, accepted the proclamation that was sponsored by the South Florida Water Management District. He thanked everyone for supporting the water conservation efforts. It is a precious commodity. D. Recognition of the Boynton Beach Fire Rescue Department's Employee of the Year for 2012 and the Paramedic of the Year for 2012 Fire Chief Carter explained the Fire Department employees are recognized each year with a variety of awards and commendations. Some of the special award winners would be presented. Sam Tolbert, III, Paramedic of the Year, came to the Department in 2008 having worked in another totally different field. From the first day, he was recognized as a stellar employee, doing the extra effort and having skills beyond his years in the fire service area. Interaction with staff and patients had been superb and his paperwork was top notch. He is a certified instructor in ACLS and Basic Trauma Life Support and teaches paramedics. Captain Latosha Clemons was awarded the Chief's Value Award that defines her career and what has been accomplished over the years. Ms. Clemons exemplified the essence of the profession. She was born and raised in Boynton Beach and came to the Department in 1996. She set her own goals and recognized opportunities and overcame a number of road blocks on her path to success. In 2009, she was promoted to the rank of Fire Captain. Besides being a tremendous firefighter and role model for those who work for her, she is a role model in the community and church. She participates in all charity activities sponsored by the Fire Department. Captain Rani DeMarco is another perfect example of the great employees in Boynton Beach. She is the employee of the year for the Fire Department. Her crew works well together and she herds them into a single unit that thinks and acts alike and buy into the order of the day. Ms. DeMarco has a special talent for communicating with patients and the public during times of need. She goes beyond what is required as a Fire Captain and helps others more than most people would. She is a leader. Captains Clemons and DeMarco have been together since childhood. Ms. DeMarco is a third generation firefighter in the City of Boynton Beach with her grandfather being one of the original volunteers in the Fire Rescue Department. Her father and uncle were members of the Fire Department. E. Proclaim April 17, 2013 as Military Family and Community Covenant Day. 5 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 Mayor Taylor read the proclamation for Military Family and Covenant Day on April 17, 2013. F. Proclamation for Dan Hager on his retirement from the City of Boynton Beach "The Links" Municipal Golf Course. Dan Hager began his career with the City of Boynton Beach in 1984 as a First Assistant Golf Professional at the City's Municipal Golf course, The Links, when it opened. He has been instrumental in making it the #1 Municipal Golf Course in the State of Florida according to Golf Digest. He has brought many events to the course and has been dedicated to his work. He will retire as Golf Professional Emeritus at The Links enabling him to continue to promote and teach the great game of golf. After reading the proclamation, it was presented to Mr. Hager. Mr. Hager felt he was blessed with working for the City of Boynton Beach personnel from upper management to the employees in the trenches that made him feel it was family. You step away from a team, but you cannot step away from family. Commissioner Merker spoke about fair housing and totally supported the concept. It is an important issue. Commissioner Casello had worked with Mr. Hager at The Links. It is a family atmosphere and it has a five star rating because of the dedication of the employees who work there led by Dan Hager. He is an ambassador for the game of golf and the City of Boynton Beach. G. Proclaim April 9, 2013, as Mayors Day of Recognition for National Service. Mayor Taylor read the proclamation for National Service Recognition Day on April 9, 2013. A representative from AmeriCorp was present to accept the recognition. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz, 67 Midwood Lane, thanked Mayor Taylor for recognizing the contributions of Dee Zibelli and Donna Harmening during their lives. Ms. Zibelli lived in and was a champion for District II and Ms. Harmening was a true southern, gentle lady, both of whom would be missed. Mr. Katz compared a biblical quotation involving the "repair of the breach" to the reconfiguration of City staff and Commission over the past year. He was confident the 6 Meeting Minutes Regular City Commission Boynton Beach, FL 7 April 2, 2013 newly elected Commission would enable the newspaper coverage to always be positive when referring to the City of Boynton Beach over the next three years. Geneva Wilkins,133 NW 6 Avenue, reported she was setting up a garage sale at her home and was suddenly accosted by a Code Officer about having a permit. It upset her and her husband attempted to intervene on her behalf. The Officer only wanted to yell at her. Ms. Wilkins directed the Code Officer to get off of her yard because he did not present himself as a Code Officer in the beginning. The police were summoned. Ms. Wilkins contended the Code Officer should be retrained on how to address people. Booker T. Wilkins, 133 NW 6 Avenue, had been married to Mrs. Wilkins for over 50 years and he wanted her to be respected. The Officer had no right to come in and yell at his wife. Ms. Wilkins added, at the Code Compliance Board hearing, the Officer was laughing at her. Mayor Taylor indicated staff would look into the incident. Myrtle Martin, 127 NE 3 Avenue, a resident of the City for 20 years, has owned her house for 15 of the 20 years. In 2009 she received a $12,330 grant from the City to do repairs to her home. She was very grateful for the help. While she was married and had three children there was no problem paying her mortgage. However, she is now divorced and a single mother earning a moderate income. A family emergency caused her to default on her mortgage payments. SunTrust Bank filed a foreclosure on her home; however, she re- negotiated her mortgage and the foreclosure action was withdrawn. The City of Boynton Beach subsequently filed a foreclosure action against her and demanded repayment of the full grant amount because she had defaulted on the original mortgage payments. She had been told, as long as she lived in the house, the grant money would not have to be repaid. Ms. Martin had called City staff and attempted to contact the City Attorney, as directed. The City has now requested a summary judgment against her for payment of costs and attorney fees. Commissioner Hay had investigated and understood the City was not foreclosing on the house. Attorney Cherof agreed and the last letter received was consistant with the policy established by the Commission. The letter indicated when there is a foreclosure that triggers default on the City's loan, the City files a cross - claim, but would dismiss it at the appropriate time. The policy dictated the City should pursue the collection of the costs in the matter only. Attorney Cherof offered to meet with Ms. Martin to explain the matter. Mack McCray, 806 NW 4 Street, pointed out Commissioner Dee Zibelli was Commissioner for District II and she represented the City to the utmost. Mr. McCray advised the community sign for Poinciana Heights had fallen over and he requested City staff repair the sign. Luella Allen Kirkwood, 607 SW 6 Street, Delray Beach, has lived in Florida since 1938 and had never been in any trouble. On March 23 she was shopping at Walmart and had parked in a disabled space. A Parking Enforcement Officer demanded her Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 license and registration and yelled at her. She questioned if he was a police officer, since he did not have a gun, and he told her he was an Officer. She advised the Officer she was going home and he got in her car and ordered her to shut the car off and get out of the car, scaring her. When she did leave, he accused her of running over him. She left and called 911 and was directed to return to Walmart and again called 911 for assistance. The police told her she should not have left the scene, but she noted she did return. The officers reviewed the videos taken by Walmart that revealed she had not struck the Parking Enforcement Officer. Ms. Kirkwood contended, without the video cameras at Walmart, she would have been charged with a felony and taken to jail. She asserted her handicap parking decal was displayed. Mayor Taylor advised staff would review the situation. Commissioner Hay acknowledged Ms. Kirkwood was his relative and was a law abiding citizen. He would appreciate an investigation into the incident. The daughter of Ms. Kirkwood, who was a Police Officer, expressed her concern about the situation. Her mother had called her that day crying in fear of being arrested. She had spoke with Sgt. Gannon of the Boynton Beach Police Department who indicated the video tape would be reviewed. It was reported the video tape did not reveal any contact with the Parking Enforcement Officer and two independent witnesses confirmed that fact. A copy of the police report documenting the allegations was provided and given to Chief Immler. The Officer in charge of the volunteers explained both parties were at fault. She agreed her mother should not have left and the Officer's conduct was inappropriate. However, the daughter felt the Officer had filed a false report and portrayed himself as a Police Officer. She strongly objected to the officer only receiving a verbal warning. A formal complaint was filed and it was suggested only remedial training for the officer would be recommended. It was asserted that it was obvious Ms. Kirkwood was unable to walk and handicapped. The Officer's accusations could have ruined the 77 year -old woman's life. Mayor Taylor advised the matter would be reviewed and appropriate action taken. Herman Stevens, Attorney for Ms. Kirkwood, advised he was most concerned about the process. Based on the officer's allegations, Ms. Kirkwood could have been charged with battery on a police officer, a third degree felony, punishable by five years in prison and fines. On the other hand, there was proof the Officer had misrepresented the facts and filing a false report is a crime. Mr. Stevens questioned why the officer was not being subjected to the same legal process and alleged the police protect each other. He requested the Police Department be fair and find out exactly what happened. Matthew Helpren, and other representatives of the Realtors Association of the Palm Beaches, including Bob Garrison, who also sits on the Greater Boynton Beach Foundation, was present to give a check to the Foundation of $5,604. The funds were raised from a 5K race that had been held at the Barrier Free Park. Those present had organized the race that had 155 participants. The check was presented to John McGovern, Chair of the Greater Boynton Foundation, to help with the completion of the Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 Barrier Free Park. Wally Majors, Director of Recreation and Parks, represented the City during the presentation. John McGovern, Chair of the Greater Boynton Foundation, recalled the Realtors Association had come forward to help with the event. It was hoped it would be an annual event. The Foundation was grateful for the public /private collaboration which speaks to the future of the great facility. The County has directed that each park built in the County should have a few attributes of the Barrier Free Park in Boynton Beach. The Chair of the race organizers remarked the support and effort of the people in Boynton Beach was outstanding and she thanked the Commission. Commissioner Merker wanted to be sure he was invited next year. Mayor Taylor thanked the Realtors Association for their effort and work on the event. Vice Mayor Hay indicated he and his wife had participated in the race. Sonny Garcia, 1631 NW 3rd Lane, Vice President of Rolling Green, spoke about Code Enforcement officers and suggested they be trained in manners and how to present themselves to the public. The conduct that was discussed earlier was not acceptable. They need to respect the citizens and not abuse the power of the authority of the badge they wear. Many individuals have had issues with the same officer, but were afraid of retaliation if they voiced their concerns. Mark Karageorge, 240A Main Boulevard, congratulated Commissioner Casello on his election and looked forward to working with him on the Community Redevelopment Agency Board. In spite of the negative comments, the City of Boynton Beach had some of the best public safety staff in the County. He acknowledged that reprimands were sometimes warranted and he felt sure that would happen. Mr. Karageorge had served on the Code Compliance Board and knew the Officer to be an exceptional employee for years. He did mention that the previous Code Administrator led as a gentleman and treated everyone with respect and dignity that permeated the entire Code Division. Brenda Francine - Miller, 821 NE 1 Street, Apt.8, advised she was handicapped and witnessed a similar incident where an officer accosted a lady for her decal and license. She noted, if the decal is hanging in the window, the number can be seen and seeing the driver's license was not necessary. Senior citizens should not be approached in a demanding manner. Paul Schwartz, 7115 Ashford Lane, complained about the placement of the u -turn sign on Woolbright Road, west of Congress Avenue. The sign is after the turn and it was not at eye level. He could not find any other signs in Palm Beach County in the same placement as the one on Woolbright Road. It is a turn lane, but the sign for no u -turn is beyond the actual turn area rather than the point area of the divider. 9 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 Mr. Schwartz discussed the excessive number of employees at the Water Department on Jog Road outside the City limits. He thought some departments should be operated by the private sector. 5. ADMINISTRATIVE Motion A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 alternate Veterans Commission: 1 regular and 2 alternates Vice Mayor Hay appointed Carol Brenner to the Code Compliance Board as a regular member. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Mayor Taylor appointed Marcus Boronat to the Cemetery Board as an alternate. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay moved to table all other appointments. Commissioner Merker seconded the motion. 10 Meeting Minutes Regular City Commission Boynton Beach, FL 6. CONSENT AGENDA April 2, 2013 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. Accept the status report of the City of Boynton Beach Economic Development Program Implementation for the period of July 1, 2012 through March 30, 2013. Mayor Taylor had pulled the item for staff to present an update. Nancy Byrne, Development Director, announced that two- thirds of the goals of the Economic Development Program Implementation had been accomplished. The most remarkable achievement was a PACE program, a significant economic development incentive, that would be included in the sustainability update presentation. There have been changes to the zoning regulations with more proposed. The relationship with the Community Redevelopment Agency (CRA) has enabled businesses to be brought to not only the CRA district, but also the entire City. Partnerships with the Chamber of Commerce and the Business Development Board have grown significantly with several referrals. Ms. Byrne complimented the entire City staff for taking on the role as economic ambassadors for the City. Positive feedback has been received after meeting with staff. The budget gave economic development $54,000 to be used in a rent subsidy program and a completion program. Another applicant has applied for the funding, leaving funding for one more grant opportunity. It has been a successful pilot program. There was an allocation of $125,000 in CDBG funds with $78,000 awarded. A new Economic Development Manager would be hired in the near future. An offer had been made. There has been great job creation and Ms. Byrne appreciated the support of the Commission. Motion Vice Mayor Hay moved to accept the report. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. B. Approve renewal of Environmental Impairment Liability (EIL) coverage through Crum & Forster Insurance Company for a five (5) year policy period for a cost of $95,651, plus applicable stamping fees and surcharges if applicable. This quotation has been recommended by C &C Consultants. 11 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 C. Approve award of the Bid to "FURNISH & INSTALL AN EIGHTY (80) TON TRANE ROOF -TOP CONDENSING UNIT FOR THE CITY OF BOYNTON BEACH LIBRARY" Bid #036- 2511 -13 /JMA to Florida Mechanical LLC of Riviera Beach as the lowest, most responsible, responsive bidder for the amount of $70,024.00. D. Approve award of the Bid for "250 DIGITALPERSONA FINGERPRINT READERS AND PRO ENTERPRISE AUTHENTICATION SOLUTION FOR THE CITY OF BOYNTON BEACH POLICE DEPARTMENT" , Bid #033 -2110- 13 /JMA to Nexgen Public Safety Solutions of Casselberry, Florida as the lowest, most responsive, responsible bidder who met all specifications with an amount of $31,252.50. E. Approve amendment to the City of Boynton Beach Pay Plan to add two classification specifications to facilitate the administrative re- organization of the Boynton Beach Links Municipal Golf Course. F. Approve a five(5) year proposal with Computer Sciences Corporation (CSC) for Risk Management Department computer software upgrade to RiskMaster Express from World Version 7.11. G. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the five (5) month period ended February 28, 2013. H. Approve additions and modifications to job classification specifications as part of the reorganization to merge the Human Resources and Risk Management departments. I. Accept the resignation of Halena Wolf, a regular member of the Arts Commission J. Approve the minutes from the Regular City Commission meeting held on March 19, 2013 Commissioner Fitzpatrick noted on Page 14 under Proposed Ordinance — First Reading of 13 -006, part of a statement he had made reads as follows: "If it came up in the future, he would vote to table for two weeks so staff could make their recommendations in writing before the Commission." He thought it would be more accurate to state, ". . . any verbal agreements made between the City Commission and developers could be properly written out by staff before being voted on by the City Commission." 12 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner Fitzpatrick moved to approve with the changes. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. April 2, 2013 K. Accept plan to place a monument in Veterans Memorial Park that incorporates the WTC Steel artifact received from the 9 -11 Foundation and approve moving forward with selecting the specific site and soliciting private funds to pay for all costs to build and place the monument in Veterans Memorial Park Vice Mayor Hay remarked, for the benefit of the new Commissioners, that advisory board applicants are not required to be present to be nominated for a board appointment. Vice Mayor Hay had pulled the item to give Chief Ray Carter an opportunity to comment. Ray Carter, Fire Chief, recalled that a year ago it was proposed that Boynton Beach put together a memorial based on the events of September 11, 2001. A second piece of steel from the World Trade Center was requested, since there was one that had been dedicated in 2009 that remains at Fire Station #5. The City was given a second piece and a group of people developed a memorial for the piece that would be outside and accessible to the citizens, in an open -air atmosphere. The objectives were to recognize the significance of the events that occurred, allow the public to reflect on their connection to those who lost their lives and memorialize the event as an act of war as it truly was. The memorial would be placed at Veterans Memorial Park with the intent for it to be privately funded at about $6,200 including installation. It will match other monuments within the Park. A picture was displayed of the monument and the Chief described the various segments of the monument. The request was to allow the Fire Department to move forward with the project and allow for the raising of private funds. It was also asked if the funds should be raised through the Foundation or the efforts of the Boynton Beach Benevolent Association, also a 501(c)(3) corporation. Chief Carter was confident the funds could be fully raised privately. 13 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Vice Mayor Hay moved to approve and accept private funding. Commissioner Fitzpatrick seconded the motion Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 April 2, 2013 A. PROPOSED RESOLUTION NO. R13 -028 - Approve a Three Year Contract with Zambelli Fireworks to provide the fireworks display for the July 4th Fireworks Display for the City of Boynton Beach; RFP No.: 032 - 2710- 13 /JMA. The proposed cost for the fireworks display is $37,855. for 2013; $38,555. in 2014; and $39,855. in 2015. Vice Mayor Hay pointed out the cost was less than the last few years. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Mayor Taylor pointed out when Zambelli did the fireworks, last year they parked their truck in an area that should be used for viewing the fireworks. He wanted to be sure Zambelli did not park their truck in the same location, so the people can enjoy the spot and watch the fireworks. Vote The motion passed the 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. 14 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 A. Approve a New Site Plan (NWSP 13 -002) to allow construction of 88 multi- family rental units in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Alfred LaFave with Olen Development Corporation Attorney Cherof administered an oath to all those testifying in the matter and gave an overview of the process to be followed. Eric Johnson, Planner, asked to present the New Site Plan and Land Use change together with the Commission voting on the issues separately. Mr. Johnson located the 4.524 acre property that was comprised of two parcels. One is .708 acres and the other is 3.817 acres with the intent of subtracting the .708 acres from the existing Manatee Bay apartment project and adding it to the new project. The parcel is currently zoned R- 3, Multi - Family Residential with an underlying land use of High Density Residential. It would be rezoned to IPUD (Infilled Planned Unit Development) and reclassified to Special High Density Residential. The other piece is currently zoned as the proposed change. The Master Plan for the previous project was still valid. The developer had improved the site, but eventually abandoned the property without any construction. It consisted of 69 dwelling units. The new proposal would include 88 dwelling units. The proposed project would consist of four separate buildings with the western most building being three stories and the other three, two -story buildings. Staff found the plans to be compatible and it was reviewed by the Planning and Development Board and unanimously passed with the conditions of approval. It should be noted that condition of approval 35 related to traffic concurrency and the letter of approval from Palm Beach County had been received. The development would be at a density of 19.45 dwelling units per acre which is allowed under the new land use classification. It is located within the Federal Highway Corridor Community Redevelopment Plan area and it would be unified with Manatee Bay apartments to the north. They would use existing drive aisles, parking, and recreational amenities. The proposed project would be superior to the previous project. Staff reviewed the land use and rezoning and recommended approval based on the fact it is consistent with the Comprehensive Plan objectives and policies promoting an affordable mix of housing types, consistent with the established land use patterns of the immediate area and would further the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. Staff recommended approval of the land use zoning application and the Site Plan application contingent on compliance with all the conditions of approval. Commissioner Fitzpatrick did not oppose the project. He was concerned with storm water surge in the future relating to the height of the first floor slab. Mr. Johnson replied it would be determined by the City of Boynton Beach regulations, South Florida Water 15 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 Management District with their permitting process and the presence of any flood zones. There is a portion of the property lying in the Special Flood Hazard Area. It has to be elevated to the base flood elevation. The City Code requires higher regulatory standards and the property has to be raised to the base flood elevation plus 12 inches. It does meet that standard for the portion inside the Flood Hazard Area. The area outside that area has to be six inches above the surrounding property. Commissioner Merker understood the intent was to make the project higher and Mr. Johnson confirmed that fact. Commissioner Fitzpatrick inquired about the seawall along the intracoastal. Mr. Johnson understood there was an existing seawall. The Army Corp of Engineers has jurisdiction over the height. Commissioner Fitzpatrick was concerned with the projected life span of the seawall in light of the threat of global warming. Mr. Johnson agreed it was a concern and estimated the life span could be 20 to 25 years, but it was hard to determine. Commissioner Fitzpatrick noted it was in a flood zone and wondered if the sale documents had to so state for any buyers. Mr. Johnson clarified it was a rental property and not a for sale project. He did mention that anyone purchasing in a flood zone area with a mortgage would have to get flood insurance. There is no disclosure necessary for rental properties. Commissioner Fitzpatrick questioned if residents could hold the City liable if they were unaware of the potential for flooding. Attorney Cherof advised there would be no recourse against the City. Mayor Taylor opened the issue for public hearing. Harry Woodworth, 685 NE 15 Place, living adjacent to the proposed project and was completely in favor of the proposed project. The developer had talked to the adjacent property owners and made some changes suggested. It was a win /win situation and the entire neighborhood welcomed the project to the area. Mr. Johnson added the three -story building, if approved, would be 36.7 feet tall and the two -story buildings 28 feet 1 inch in height with a finished floor elevation, outside the flood zone area, of six inches above the surrounding grade. LuLu DeCamra, 836 East Drive, Secretary of Inlet Cove Association (INCA) advised the project had their full support and she thanked the Commission for their consideration. Alfred LaFave, 1620 Federal Highway, the applicant, accepted all the conditions of approval. He thanked staff and the INCA community. He was very happy with all their projects in Boynton Beach and especially Manatee Bay. The residents love the community as did the developer. 16 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Vice Mayor Hay moved to approve based upon the 35 contingencies as well as the three conditions of approval stated by staff. Commissioner Merker seconded the motion. Commissioner Fitzpatrick recalled getting a fire engine in Manatee Bay was very difficult. He inquired if there would be better access. Mr. LaFave was unaware there was an issue. The entire project would be accessed via the existing entry point. There would be a minor modification to include an art sculpture and building a new bus waiting area for school children. They would be asking for a couple modifications and he would speak with the engineers about the truck issue. Vote The motion passed unanimously. April 2, 2013 B. PROPOSED ORDINANCE NO. 13 -005 - SECOND READING - Approve Manatee Seaview Apartments (LUAR 13 -001) reclassifying subject property from High Density Residential (HDR) to Special High Density Residential (SHDR); and Attorney Cherof read Proposed Ordinance No. 13 -005 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. PROPOSED ORDINANCE NO 13 -006 - SECOND READING - Approve Manatee Seaview Apartments request for rezoning from Multi - Family Residential (R -3) and Infill Planned Unit District (IPUD) to a single Infill Planned Unit District (IPUD) consisting of a new master plan with 88 multi - family rental units - Applicant: Alfred LaFave with Olen Development Corporation. Attorney Cherof read Proposed Ordinance No. 13 -006 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED RESOLUTION NO. R13 -027 - SECOND READING - Amending and re- designating Brownfield areas all within the boundaries of the Boynton Beach Community Redevelopment Area Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Confirm Budget Workshop dates and times for July 22nd through July 24th, 2013. Ms. LaVerriere wanted to confirm availability on the dates suggested and the format for the presentations and budget hearings. She recalled each of the departments had made brief presentations to the Commission during the workshop. If there were specific questions about a line item or a program, it would be raised by exception rather than line item by line item. She encouraged the Commission to set some evening hours to allow the public to participate as well. There was discussion and it was suggested that a beginning time be established without an end time or agree to be present up to the end time. Mayor Taylor suggested the hours start at 2 p.m. until 6 p.m. on Monday, Tuesday from 9 a.m. to 2 p.m. with Wednesday scheduled from 2 p.m. to 6 p.m. Commissioner Fitzpatrick suggested 3 p.m. to 7 p.m. may be more convenient for those working people. Consensus Mayor Taylor declared there was consensus to set the hours from 3 p.m. to 7 p.m. on Monday and Wednesday and 10 a.m. to 2 p.m. on Tuesday. There was also agreement to have departments make presentations with questions being asked at the conclusion. 18 Meeting Minutes Regular City Commission Boynton Beach, FL 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL April 2, 2013 A. Request a private attorney - client session of the City Commission, Pursuant to Section 286.011(8), Florida Statutes, to be held on Thursday, April 4, 2013, to discuss pending litigation in the following case: 1. DAVID FLOERING, Petitioner vs. CITY OF BOYNTON BEACH, Respondent — Case No. 502012CA019202XXXXMB AN 2. ROBERT SCOTT CHANDLER, Petitioner vs. CITY OF BOYNTON BEACH, Respondent — Case No. 2012- CA023348- XXXXMB AO 3. JOEL EDWARD CHANDLER, Petitioner vs. CITY OF BOYNTON BEACH, Respondent — Case No. 502012CA022906XXXXMB AE 4. CITY OF BOYNTON BEACH, Plaintiff vs, FRANK JANOTS, THEODORE RYAN, et al. Defendants — Case No. 502003CA010606XXED AJPlease provide title of motion or action request of City Commission here. Attorney Cherof requested an attorney /client closed -door session with the Commission on pending litigation. There were four cases he wanted to discuss and seek their input and direction relating to the progression of the law suits. The cases were David Floering vs. City of Boynton Beach, Robert Scott Chandler versus City of Boynton Beach, Joel Edward Chandler versus City of Boynton Beach and City of Boynton Beach versus Frank Janots. All four cases could be discussed in 45 minutes. Attorney Cherof requested the closed -door session date be changed to immediately follow the CRA meeting on April 9 at 7:30 or immediately following the CRA meeting, whichever came first. Consensus There was agreement to schedule the session as requested. 14. FUTURE AGENDA ITEMS 19 Meeting Minutes Regular City Commission Boynton Beach, FL April 2, 2013 A. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan Implementation - April 16, 2013 B. Discuss renovation and /or relocation of Police Headquarters and City Hall Campus - May 7, 2013 C. Update on Utilities CAP Fees - 4/16/13 Mayor Taylor reviewed the Future Agenda Items for the benefit of the public. He included a discussion of the possibility of opening the Police lobby on more days to be added to the next meeting agenda. Vice Mayor Hay felt upbeat with the composition of the Commission and saw a new team effort that would greatly benefit the City of Boynton Beach. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:41 p.m. (Continued on the next page) 20 Meeting Minutes Regular City Commission Boynton Beach, FL dith A. Pyle, CMC eputy City Clerk • • ry Tsyl Mayor 1,oD owl Ha ,Vice M- erke mm`issianer • Fitz trick, ommi CITY OF BOYNTON BEA Davi 21 ichael Jo Casello, Commissioner April 2, 2013 loner