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Minutes 05-07-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MAY 7, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Rabbi Michael Simon of Temple Beth Kodesh C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:31 p.m. Vice Mayor Hay gave the invocation after which Mayor Taylor led reciting the Pledge of Allegiance to the Flag. D. Brand Promise Statement Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Taylor read the Brand Promise Statement as follows: "It is a time to take a look at Boynton Beach, where the nearby Gulfstream brings cooling summer breezes and warm winter sunshine." Mayor Taylor announced item 9.A had to be pulled from the agenda. Under New Business, Item 12.A should be moved up to be 11.A under Unfinished Business. Items A and B would then become B and C. Motion E. Agenda Approval: 1. Additions, Deletions, Corrections 2 Adoption Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Fitzpatrick advised he had gone to the Historical Society's potluck dinner and met with many long -time residents of the City who shared their insights Vice Mayor Hay had gone to the Metropolitan Planning Organization board meeting and was given information on the new rail line that would be coming through the area and the water taxi service. He spent time with the Palm Beach County League of Cities which was doing work that would affect the City in the future. He advised the recent Let's Move walk records placed the City first for the distance walked. Vice Mayor Hay had also met with the American Heart Association and received information on eating better, exercising and how to prevent heart disease. Vice Mayor Hay had spoken with the Galaxy Elementary leadership who wanted a WiFi connection for the school. The National Day of Prayer was held at City Hall around the flag pole. He announced the last Movies on the Ave had been cancelled due to the weather conditions. The Chamber of Commerce luncheon was coming up as was the celebration breakfast for Nurses' Week. Commissioner Merker had also participated in the Let's Move walk. The fun was the camaraderie and people enjoying themselves. He had also attended the League of Cities luncheon and liked the networking opportunities which were evident. Commissioner Casello had attended the League of Cities meeting too and found it very informative. The problems facing the City are not unique. He represented the City at the COWBRA (Coalition of West Boynton Resident Associations) installation of officers for the upcoming year and gathered useful information. Mayor Taylor added he had attended the events mentioned and the fundraiser for the Soup Kitchen of Boynton Beach located west of the turnpike. He also went to an Art Show and residence meeting at the Boynton Bay apartments and spoke with the residents and listened to their concerns. Several inquired when the trolley would be returning. Mayor Taylor had heard the Dimensional Harmony Choir from Boynton Beach High School sing and do a presentation at the Church of the Palms in Delray Beach. The event included a fundraiser so the choir could compete on a State level They won that event and now needed funds to go to the National competition. The group is truly outstanding. Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Another highlight was the Firefighters Fishing Tournament and Chili Cook Off. There were fourteen varieties of chili to be judged. There was also the Crosspointe Elementary Career Day where he talked with several classes on what a Mayor does exactly. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present a plaque to representatives of Hunters Run expressing the City's appreciation for their support of the Barrier Free 5k Run that was held this past February. Wally Majors, Recreation and Parks Director, recalled the Realtors' Association of Palm Beach County had sponsored the Barrier Free 5K event to benefit the park Without the support of Hunters Run that provided the venue for the course and their staff who assisted in planning and implementing the event, it would not have occurred. Mayor Taylor presented Mr. Harvey Newman, President of the Hunters Run Association, with a plaque in appreciation of their support of the event. Mr. Newman commented Hunters Run was continually looking to do things with the City. The Barrier Park was a great opportunity since it was right outside the community. It is a great facility. Commissioner Merker indicated he was acquainted with Mr. Newman who was highly regarded and sincerely wants to help the City of Boynton Beach. Commissioner Merker also thanked Mr. Newman for his assistance with the event. B. Presentation of the annual "Bob Borovy Student Citizen of the Year" Award by a member of the Education and Youth Advisory Board Steve Waldman, Chair of the Education and Youth Advisory Board, advised the award honors a former member of the Board, Bob Borovy. The award has been presented since the year 2000. Mr. Borovy was a veteran and advisor on the Children and Youth Advisory Board, plus being an active citizen in the City for many years. It is a $1,000 cash award to a graduating senior who performed outstanding community and volunteer service. An essay, together with recommendations, had to be submitted by the student. The individual had to be of good moral character, done significant volunteer work and made contributions to the community. The award is funded by the Education and Youth Advisory Board and American Legion Post 164 The recipient is selected by a panel of judges including the prior year winner. The new winner will be graduating from Boynton Beach High School and has donated over 1,000 hours volunteering with various organizations. Her name is Gloria Roker. She will be attending Florida Atlantic University with dual enrollment at Florida State University majoring in retail management and marketing. Ms Roker was pleased to receive the award as she had worked very hard. 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 C Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. Mr. Waldman explained the Board sponsors a volunteer bank for students of all ages to send in volunteer hours to be banked for recognition. There is nothing more rewarding than volunteering to help others. Members of the Board assisted in the presentation of the awards. Mary Morera advised the bank was formed in 1997 to promote youth volunteerism with a goal to facilitate, promote and reward youth for volunteering. It is a cooperative effort with the City of Boynton Beach, local businesses and individuals, volunteer organizations and the youth. Seventy volunteers participated this year in grades Pre -K through 12, who recorded 2,164 hours serving the community, non - profit organizations, local churches and various programs. Since the beginning, over 700 youth have recorded almost 58,000 hours and the Board has given away over $22,000 in savings bonds and prizes over the years. The names of the volunteers were read and those present came forward to receive their award and prize. There was a special thanks given to Sherri Claude, Board Liaison, for her work with the Education and Youth Advisory Board and the various projects and programs. D. Proclaim the month of May as Better Hearing Month. Accepting the proclamation will be Dr. Valerie Rossetti Dr. Valerie Rossetti was present to accept the proclamation for May as Better Hearing Month as read by Mayor Taylor. She thanked the Mayor and Commission and advised her office was offering free hearing screenings for the month of May. E. Proclaim May 5 - 11, 2013 as Municipal Clerks Week Accepting the proclamation is Janet Prainito, City Clerk. Mayor Taylor proclaimed May 5 through the 11 as Municipal Clerks Week and presented it to Janet Prainito, City Clerk. Mayor Taylor commented the City Clerk and her staff were vital in assisting the Commission. Mrs. Prainito thanked the Mayor and Commission for the recognition. F. Proclaim the month of May as "National Preservation Month" Warren Adams, Historic Preservation Planner, accepted the proclamation that was read by Mayor Taylor. Mr. Adams thanked the Mayor and Commissioners for their continued support of the program. It has been recognized by the State and Federal government so the staff can make decisions on its own. Other municipalities and even the State have sought information on the program in Boynton Beach. It is one of the strongest programs in the State of Florida. G. Proclaim the month of May as Building Safety Month. 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Mayor Taylor read the proclamation for May as Building Safety Month. Celica Brown, Application Associate with the Development Department, thanked the Commission for recognizing the building safety efforts of the Building Department and Development Services H Proclaim the week of May 19 - 25, 2013 as Water Reuse Week. May 19 through the 25 was recognized as Water Reuse Week and the proclamation was given to Laura Corey, Community Outreach Representative for South Florida Water Management District. Ms. Corey thanked the Commission, Mayor and water utility staff that recognize that water is a finite, precious resource that needs to be protected. Promoting reuse water augments the water supply. I. Tribute to the realtors of Keller Williams Realty in the City of Boynton Beach and across the country; celebrating their volunteerism and participation in RED DAY on May 9, 2013. Accepting the tribute is Jackie Ellis, operating principal for the Keller Williams Boynton Beach office. Mayor Taylor read the tribute to the realtors of Keller William Realty who created RED (Renew, Energize and Donate) Day on May 9, 2013, as their community service initiative The company donated over 130,000 volunteer hours in local communities throughout North America last year. This year the Boynton Beach branch would be renovating the Boynton Beach Soup Kitchen interior as well as outside areas. Jackie Ellis was present to accept the tribute. She thanked the Mayor and Commissioners for the Tribute and announced their office would be closed on May 9 to complete the aggressive task of revamping the entire exterior as well as the interior. She asked that diapers and baby food be donated to help the little ones. 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) Alex Saltez, Oxford Lane, recalled the special tax assessment was initiated to assist in building a new Fire Station #1 and new Police Department. He wondered what happened that the intent was not accomplished. Mayor Taylor noted two new fire stations were constructed with the funds. There was one fire assessment fund to build a Fire Station and Station #2 was moved and rebuilt. Fire Stations #4 and #5 were constructed, but the assessment did not cover the Police Department. Mr. Saltez complained the tax was supposed to be for seven years and it is still in effect No one else coming forward, Mayor Taylor closed Public Audience. 5 Meeting Minutes Regular City Commission Boynton Beach, FL 5. ADMINISTRATIVE Motion May 7, 2013 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 Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Historic Resource Preservation Board: 3 regulars and 2 alternates 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 regular and 1 alternate Commissioner Merker moved to appoint Claudia Stine to the Cemetery Board Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. All other appointments were tabled. 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 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the six (6) month period ended March 31, 2013. B. Approve a Commercial Interior Build -Out Grant to Mathnasium of Boynton Beach, Inc. C. Approve a Commercial Rent Reimbursement Grant to Mathnasium of Boynton Beach, Inc. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 D. PROPOSED RESOLUTION NO. R13 -039 - Approve a contract with Resource Action Programs for the delivery of their WaterWise Conservation Program for FY 2013 -14 for all 5th grade students at schools within the City for the sum of $44,000. E Approve amendment to the City of Boynton Beach Pay Plan to add three classification specifications to facilitate the administrative re- organization of the City Clerk's Office F. Award the Bid with the Palm Beach County Cooperative Purchasing Council for Chemicals and Fertilizers to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS ". The City's anticipated annual expenditure is $99,909. G. Approve the minutes from the Special City Commission meeting on April 9, 2013 and the Regular City Commission meeting held on April 16, 2013 H. PROPOSED RESOLUTION NO. R13 -040 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 18, 2013 meeting and give authorization to maintain the reclaim user rate for Hunters Run Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2012/2013 at $.2000/1,000 gallons I Accept the resignation of Bernice Begleiter, a regular member of the Library Board J. Accept the resignation of William W Combes, a regular member of the Arts Commission 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Reduction Modification Order (Exhibit "A ") in Case #12 -15 filed 1/14/13 to reduce the fines in this case to $3,130.15. Diane Springer, Code Compliance Coordinator, reported the case was heard before the Code Compliance Board on December 17, 2012 for reduction of fines. The fine totaled $24,730 15 that was reduced to $3,130.15 Mr. Quinn, the respondent, had notified her he wanted the case brought before the Commission for further reduction Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Finbar Quinn, 6431 Lemon Tree Lane, Miami Lakes, sought clemency because the assessed amount was egregious and he had not been given a proper chance to voice his opinion. He requested the lien be reduced by 50% with 90 days to pay the amount because he was unemployed Commissioner Casello clarified the fine ran for 240 days. Mr. Quinn agreed it was 240 days, but claimed he did not receive notice until a neighbor advised him the Police Department had sent him a letter. Once he was aware of the issue, he took immediate steps to address the problems. His issue was there was a forged signature on the delivery receipt presented to him. Ms. Springer explained the information given for his address at the Property Appraiser's Office and Tax Collector's office was 141 Lancaster in Boynton Beach and the notice were sent to that address. There was another address found for him at Brickell Bay, in Miami, Florida so some correspondence was sent there. Mr. Quinn claimed the forged signature card was to that address and he did not live there at the time. Mr. Quinn did call the Code Compliance Office and gave his correct address. The Code Officer had noted in May he attempted calls and contact with Mr. Quinn, but the messages and phone calls were not returned. Ms. Springer contended the Board reduced the fine to $3,130 based on the time it took Mr. Quinn to respond He was advised of the issue in May, applied for the Business Tax Receipt in September and did not get the inspection until November, 2012. There was a tenant living in the property with no inspection of the property. The requirements for notice were met by the Code Compliance Division by posting the notice and certified mail being sent. Mr. Quinn added he had explained the property was in foreclosure at the time and Code staff had advised him to not address the issue pending the foreclosure Subsequently the property was taken out of foreclosure. As soon as Mr. Quinn was made aware of the situation, he took steps to remedy the problem. Ms. Springer interjected Mr. Quinn was made aware his information at the Property Appraiser's Office needed to be updated with his current address and the correction has not been made to this date. She asserted Mr. Quinn's argument on not being contacted was invalid, since he has not done his part to correct the information. By State statute the Code Compliance Division is required to use the information on the tax roles to send notifications The effort was made beyond what is required to find Mr. Quinn to give him notice. Mr. Quinn countered that his email address and phone number had been known for over a year He agreed the Property Appraiser's Office maintains his residence as living at the Boynton Beach address. He recognized it needed to be changed, but did not feel it was germane to the facts that were ignored in his last hearing. 8 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Merker inquired if all the required information had been submitted and Ms. Springer replied it had been. The dates of contact with Mr. Quinn were argued. Mayor Taylor asked if the property was in compliance at the current time and Ms. Springer advised it was. Vice Mayor Hay emphasized it was Mr. Quinn's responsibility to make sure the City had his correct address and he acknowledged that fact. Vice Mayor Hay noted the recommended reduction would represent only 13% of the total amount. Mr. Quinn contended the original was incorrectly calculated from the beginning. There is due process that has to be followed. Motion May 7, 2013 Vice Mayor Hay supported reducing the fine, but not eliminating the fine. He recommended cutting the fine in half and so moved. Commissioner Merker seconded the motion. Commissioner Casello noted there may have been some miscommunication, missed dates, but the property is not in compliance which was the ultimate goal. Ms. Springer confirmed it was in compliance. Commissioner Merker simply pointed out people have been going through hard times the last few years and he had an open heart. Vote The motion passed unanimously and the fine is reduced by 50% B. Consider Business Tax Receipt protest Attorney Cherof explained the Code of Ordinances does include a procedure for an individual or company who has a Business Tax Receipt to have the ability to request a reduction or adjustment. It is referred to as a protest under the Code and there is a time period for any protest to be filed. The current protest was submitted beyond the time period, but nonetheless has been reviewed by the City Manager, the first step of the process. The final step would be Commission review of the protest and the City Manager's report. The protest could be granted, denied or adjusted. The current protest is a request retrospectively over a number of years. All of the annual deadlines for bringing an appeal have passed without a protest. It is only the last Business Tax Receipt for consideration. Dr. Jay Weinstein, with offices at 115 Woolbright Road, has been there for more than 12 years. Dr. Weinstein contended he had been incorrectly taxed for ten years. Initially he questioned the tax, but was advised he had to pay the tax which he did pay. Last 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 year, when he questioned the tax bill, he was told he did not have to pay the tax and should not have paid the tax in the past Dr. Weinstein requested a refund of the monies he had paid to -date since he was improperly taxed. He claimed he was told by several City officials that there was no procedure to refund the tax, but he would be given a refund for the last four years. Had he known there was a procedure to follow, he would have filed timely appeals of the assessment. He wanted a full refund Mayor Taylor inquired when Dr. Weinstein had originally brought the matter to the City's attention and Dr. Weinstein recalled last September he called the City and arranged a meeting with the Director of Development at the end of October. Ms. LaVerriere explained the history is over ten years and when the first Business Tax Receipt was applied for, the information provided at that time was the basis of the fee charged. The City was under the impression that all the services he indicated he provided were offered and were the basis for the fee. After consultation with the Legal Department, staff offered to refund the last four years of fees. She had upheld the recommendation of staff. Nancy Byrne, Director of Development, explained when a professional office applies and there is a professional and executive office, there are two separate categories. The initial license was issued for both professional and executive offices. In September Dr. Weinstein advised he did not have administrative staff onsite and the issue was passed to management. Ms. Byrne outlined the protest procedure and a formal letter was submitted by Dr. Weinstein and discussed with the City Manager. It has been the City's policy, in the past, that four years was the limit on refunds. Dr. Weinstein wanted the refund to cover all the past years. Dr. Weinstein contended all the information was taken over the telephone. He asserted the procedure was given to him by the City Manager. He had been consistently told, up to that point, that there was no procedure in place for refunds and only four years could be refunded. Nothing changed in his office from the date of opening to present. There was never any administrative assistance. Vice Mayor Hay's position was to refund four years. Mayor Taylor agreed. Commissioner Merker heard there were miscommunications. The four years would be sufficient. Commissioner Casello wanted assurances there were safeguards in place so the same scenario would not occur. Ms. Byrne assured him there were. Motion Vice Mayor Hay moved to refund the four years. Commissioner Merker seconded the motion 10 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. Dr. Weinstein requested that his refund be used for a cause based on sports or children programs. Mayor Taylor suggested the Boynton Beach Little League. Dr. Weinstein directed that a check be sent to him for $100 for his expenses and the rest to the Little League. 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. PROPOSED ORDINANCE NO. 13 -009 - FIRST READING - Amend the Land Development Regulations (LDR) to 1) create provisions in the supplemental (zoning ) regulations for electric vehicles (EV) infrastructure; 2) create new definitions pertaining to EV infrastructure and amend the definition of minor automobile repair to include battery exchanges for electric vehicles; and 3) create provisions for signs commonly associated with EV infrastructure. (This item was pulled from the agenda.) 10. CITY MANAGER'S REPORT A. Review compressed work -week schedule at City Hall. May 7, 2013 Ms. LaVerriere noted the discussion was requested by Commissioner Merker to revisit the compressed work week and the impact on the community and employees. Background information was provided. The initial change was made solely for saving money in the budget, primarily electrical costs. The compressed week has saved the City approximately $110,000 to $120,000 a year in electrical usage. No complaints had been sent to the City Manager's office from the public in terms of being closed on Fridays. There was a transition period for the public. There are still residents attempting to come in on Fridays, but there have been minimal complaints. It was an adjustment for employees and their families. Work schedules have been more flexible to accommodate the employees' needs. The survey indicated most employees like the schedule If the work week was returned to five days a week, the electrical budget of $260,000 for City Hall would have to increase by $110,000. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Jeff Livergood, Director of Public Works and Engineering, pointed out there was an impact on the Climate Action Plan to have an impact on greenhouse gas emissions. The energy savings in City Hall is the most significant component of the benefits and success of the climate action plan. For a five -month period, 267,000 kilowatt hours of electricity were saved. Ms. LaVerriere suggested the matter be monitored over the next year. An Economic Development Manager would be starting soon and working on the economic development initiatives. It was hoped he could quantify the economic impact of being closed on Fridays for businesses and developers Staff is often working on Friday. Mayor Taylor opened the issue for public comment David Katz, 67 Midwood Lane, favored the City saving money, but could not understand how one -third of the electric bill was saved by closing City Hall one day. Mr. Livergood explained the computation was based on a five -month period One -third for only one day did not seem logical to Mr. Katz. Mr. Livergood acknowledged the bulk of the energy savings was projected to be electric. Some of the $110,000 savings was a result of new chillers installed last year and occupancy sensors. Commissioner Merker continued to question the four -day work week. The country works on a five -day week and the purpose is to serve the people. He would agree postponing it for one more year. Vice Mayor Hay recalled the concept was to review the matter on an annual basis. He felt the community had adjusted to the change. He agreed it should be postponed for another year. The biggest complaint is the police lobby. There are many aspects to the conversion such as fuel cost savings of $10,000. Commissioner Casello asserted the status quo should continue and revisit the schedule in a year. Commissioner Fitzpatrick thought the hour before and after normal business hours is helpful to a large segment of the citizens. He did inquire if the Code officers were on a four -day work week or five -day. Ms. LaVerriere replied Code Compliance was on a five -day work week. Commissioner Fitzpatrick compared them to the Police and indicated they needed to be out there more. He supported the schedule as it is, but would want to review it in a year. Mayor Taylor indicated there are individuals who come into work on Fridays. He did not disagree with saving the money. His concern was the adjustment for the employees and the goal of serving the public adequately. The optimal situation would be to be open five -days a week to serve the public. He was willing to wait and review the matter during the budget process next year. 12 Meeting Minutes Regular City Commission Boynton Beach, FL Consensus B. Discuss the feasibility of constructing a dog park. 13 May 7, 2013 Mayor Taylor declared the consensus was to stay with the four -day work week for a year. Commissioner Casello advised the fact - finding phase was ongoing. He had been visiting dog parks in the area with his dog. He wanted to table the matter until more facts are developed to have a comprehensive discussion. Motion Vice Mayor Hay moved to table the item Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Receive update on feather banners and direct staff as in response to pending expiration of temporary provisions for such temporary signs. (This item was discussed as Item 11.B.) Mike Rumpf, Planning and Zoning Director, explained starting December 6, 2011 the City has had provisions for temporary feather banners in response to business requests. There have been provisions for static banners to promote business whether new or established, products or sales. Mayor Taylor summarized one of the options was to extend the temporary regulations another 12 months or amend the LDR making the provisions permanent. Mr. Rumpf interjected the current regulations allow for a 90 -day display period. They are allowed to have unlimited renewals of the 90 -day period. The Commission can maintain the provisions, change the provisions or modify them somehow. Vice Mayor Hay recalled the initial idea was to allow the banners and the impact on the aesthetics of the City. It has not been problem. Commissioner Merker agreed with Vice Mayor Hay's recommendation. Commissioner Casello liked the feather banners versus some of the other signage that could be displayed. He was in favor of extending it another 12 months. Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner Merker moved to extend the banners for another 12 months. Commissioner Casello seconded the motion. Vote The motion passed unanimously. B. Receive a report reviewing the background, updating the current status and requesting consideration of a No -Build Easement for the Old High School project (This item was discussed as Item 11. C.) May 7, 2013 Ms. Byrne gave a timeline of events how the developer was chosen for the Old High School renovations. During the site plan review a Building Code issue became evident. It covered when two separate property owners are adjacent; the buildings have to be 30 feet apart for fire separation. In this case, the proposed glass containers would have to become concrete block. There were several issues with concrete block additions. As glass they are the most preferred option for the visibility of both historic buildings from the street. The proposed resolution of the issue was to create a no -build easement between the two buildings. The architect, Juan Contin, is in compliance with the timeline outlined and will be back to the Commission for site plan approval after presenting to the Planning and Development Board. Commissioner Fitzpatrick wanted clarification on the new addition northeast corner; the 30 foot radius abuts the existing building. Ms. Byrne advised it was exactly 30 feet between the proposed structure and the existing Children's Museum. Andrew Mack, Building Official, advised the measurement is a perpendicular angle to the building. It is not taken on a 45 degree according to the Code. There was no need to have the 30 feet on the north side. Commissioner Merker inquired how it would affect the Children's Museum and any growth they may desire to do. Ms. Byrne related staff's perspective. When the gazebos were built in front of the Museum, the City did not have a historic planner who would not have approved their placement. The removal of the gazebo is a positive move and the glass boxes are the best option to maintain the visual corridor of both buildings. In the future, if changes are made to either building, the easement could be abandoned. Juan Contin, 826 S. Federal Highway, Lake Worth, responded the north side of the building would have a garden and become inherently empty. The goal is to keep a space that would preserve the school and leave the glass buildings to exist. The no- build would be for the fire separation required by Code. The 10% credit would be used and applied to the National Park Service. The 20% is more stringent. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Vice Mayor Hay surmised since the Children's Museum was already designated historic, there would be no expansion to the structure. Mr. Adams replied any expansion would not be to the front of the building and not to the sides. It could be to the rear, but it is unlikely there would be in addition. Commissioner Merker inquired about the type of landscaping that could be used in the 30 -foot easement. Mr. Contin replied there would be a landscape buffer to the east, and the existing plaza would remain in front of the Museum. The actual property line was outlined. Ms. Byrne interjected the property was going back to its original lot configuration It was three separate parcels. Mr. Contin will give the City back an easement to the property that runs to the back. Mayor Taylor questioned what the impact would be if the easement was not approved. Ms. Byrne replied it would require the developer to do a concrete block structure. It would be cost prohibitive for him to water shower the glass. Mr. Contin advised it would require building a two -hour firewall and the structure would not be approved historically. It would be devastating to the project. Vice Mayor Hay wanted confirmation that Mr. Contin was adhering to the timeline. Ms. LaVerriere added the concept of the easement was being discussed and the City Attorney would be bringing back a legal document. Until the permit would be pulled, it would not become effective. There is site plan approval scheduled for June 6 securing of financials by July 10 and then permits would be pulled that would bring the easement into effect. Vice Mayor Hay surmised that at this point the City has not given anything away. Attorney Cherof agreed. The discussion was merely conceptual. The easement document would have to be approved by a separate vote. Commissioner Fitzpatrick inquired what could be built on the easement property. Mr. Mack replied there would be no restrictions on landscaping or benches or any other amenities. Any structures or buildings could not be placed in the 20 feet of City property. It is currently a paver pathway that connects Ocean Avenue to 1 Street. Commissioner Casello suggested a fire curtain be installed to protect the structures. Mr. Contin indicated fire sprinklers would be required in the glass boxes with the 30 -foot easement. Vice Mayor Hay inquired what would be best for the area aesthetically. Ms. Byrne felt the glass box was the preferred method of adding space to the building Attorney Cherof suggested the matter be tabled until the Commission could visually see the property lines. Vice Mayor Hay agreed. Commissioner Merker was ready to vote on the issue. Ms. LaVerriere indicated creating the legal document could be done in the interim. 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Vice Mayor Hay contended there was no reason to hurry at this point since the Old High School has been there for many years. It needed to be done right. Commissioner Merker had done his homework and was ready to vote. Commissioner Casello agreed the decision should be deferred until more detail is provided. In the meantime, the legal document can be created. Commissioner Fitzpatrick agreed and noted the timeline would not be affected. Ms. Byrne interjected, if the easement was not approved and the plans were modified, the timeline would have to be changed. Commissioner Fitzpatrick changed his mind and supported Commissioner Merker's position. Commissioner Casello wanted to know if the approval was not granted would it be a deal breaker. Mr. Contin confirmed it would. Ms LaVerriere summarized that either way, nothing would be approved until May 21 with an actual easement document. If the concept was approved at this time, the document would be prepared for approval on May 21 as the formal decision. Vice Mayor Hay emphasized the decision should be made with more information. If there is no approval of the actual document on May 21st it would derail the timeline. The request is if the Commission agrees with the concept Mr. Contin can proceed and the legal document can be prepared in the interim. Mayor Taylor was not conceptually agreeable with granting the easement. Commissioner Merker agreed. Vice Mayor Hay was in favor of tabling the easement and have further information provided on May 21 to make an intelligent decision. It is conceptual at this point. Commissioner Casello agreed with Vice Mayor Hay and wanted to see the plan succeed. Commissioner Fitzpatrick's position remained the same that he did not want to cut up the municipal complex and give away land that should be kept in perpetuity It has been decided this is the path and the architect should be given the chance to develop the site. He was in favor of the concept to allow the easement and to build the glass Consensus Mayor Taylor declared the majority wanted to conceptually approve the easement to allow the glass to be built and bring it back on May 21 12. NEW BUSINESS A. Approve staff recommendation to proceed with preparation of conceptual plans, and identification of construction funding, for a new Police Facility on city land at High Ridge Road and Gateway Boulevard. (This item was heard under Unfinished Business, Item A.) 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Ms. LaVerriere remarked the City had been struggling with the issue for more than ten years. The discussion was requested to provide direction for the future and the municipal campus in the downtown core. There is the redevelopment of the Old High School and the City facing very extensive repairs in some of the facilities. The fate of the Police Department has to be determined and whether there was interest in building the new Station on High Ridge Road, as originally proposed ten years ago. The space needs study done in 2002 shows the current facility has 18,000 square feet and the need is 80,000 square feet There is currently insufficient space for evidence storage and crime scene processing. There was the possibility of retrofitting the old Fire Station #2, on Congress Avenue, to accommodate those two, high- security operations. The project would cost approximately $600,000. The project has been on hold until the Commission gives direction on the future plans for the City facility. The firing range is facing $110,000 to $120,000 in roof and air conditioning repairs that have been put on hold for years. The facility would be demolished and placed in the new facility. Mr. Livergood recalled a total space needs assessment had been done in 2003 for all buildings. The first recommendation was to construct a public safety facility with police, communications and fire administration. Another recommendation was to adaptively reuse the police building for City services and the public safety facility should remain in the downtown area. There was a recommendation to build a public works facility that now sits in the middle of a residential area. Expanding the firing range was also suggested in the City -wide study. The needs of the Police Department were paramount. In 2003/2004 the fire assessment was levied and the funds were used to construct three new fire stations. It included the fire administration headquarters to be placed in District II, the northeast quadrant The City found the land at High Ridge and Gateway Boulevards very close to District II. It was of sufficient size to relocate both fire administration and a new police facility and building a public safety complex. In 2004 the Commission purchased the property with the plan to build fire and police facilities on the land. It took five years to build Fire Stations #2 and #4. The money was placed in the budget, but not funded to build a new police facility. An architect was hired in 2008 to do a site plan for not only the new Fire Station #5, but also include adequate space for a police facility of 80,000 square feet with a parking structure, generator and a comprehensive design to meet the needs. When Fire Station #5 was completed, there was further discussion on the placement of a police facility in the downtown area versus the High Ridge site. There was even discussion about using private office buildings or remain at the current site. Request for Proposals were entertained to determine the response from private developers helping the City to provide space for City Hall and a police facility. 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Ultimately no decision was made The situation remains as it was in 2002 with a police facility that needs to be expanded to provide the services critical to the community and retain its accreditation. Based upon staff's knowledge of the project, there is a recommendation that the police facility be relocated to the High Ridge property as contemplated in 2004. It opens space in the municipal complex and as the Old High School develops, a number of opportunities would arise to redevelop the corridor from the Library up to City Hall in the future. Commissioner Merker had strong feelings that the City needs a strong Police Department that can protect the citizens properly. The current facility is appalling, beneath standard The new Commission has the idea of moving forward and having safety and security, knowing the Police can do their job properly. He would emphatically vote yes to moving forward. Vice Mayor Hay concurred with Commissioner Merker. It is the right time to move forward with the original plans. The use of Fire Station #2 is not the answer and the improper use of $600,000 would be ludicrous. Vice Mayor Hay always favored the High Ridge location. The infrastructure is already in place. Fire Station #5 and the Emergency Operation Center are already at the site. The communications division and 9 -1 -1 operations are suffering at their current location. The City of Boynton Beach is the third largest municipality in Palm Beach County that will grow over the next few years. Taking advantage of the low interest rate at this time for bonds is critical to get the project moving forward. Commissioner Fitzpatrick agreed with Vice Mayor Hay's remarks relating to Fire Station #2. He felt there were two issues, whether to move or not move and the issue of maintaining an independent Police Department or becoming part of the Sheriff's Department While visiting all the City departments, the Police Department made the most compelling case that they need more money They need enough to warrant raising taxes to stay independent. The City Manager had assured him the increased human power needed would not break the budget and was not a consideration. Commissioner Fitzpatrick had not heard any citizen input supporting the take over by the Sheriff's Department to save money. The main concern expressed was the fear of losing control Many cities and towns contract with other political entities for services. There is a sense of community pride and he would support the current arrangement with an independent Police Department. The location becomes the question. There have been three previous Police Departments in Boynton Beach. There was a structure off of Federal Highway where the dog pound used to exist. There was then a Fire Station and Police Station right on Federal Highway in the same general area. He did not perceive having a Police Station in the municipal complex as being a concern and could possibly be a detriment There was a concern with police cars leaving the downtown area in emergency situations. The main attribute for a downtown area is a post office and not a police station 18 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Fitzpatrick was in favor of placing the Police Station where the facility has been planned and the utilities have been installed. The 1 -95 roadway is a safer corridor for police cruisers rather than Seacrest Boulevard. The patrols rove so response times should not be affected. Being closer to the Emergency Operation Center during hurricanes would be a major asset. Consolidating police functions at one facility would improve efficiencies by reducing travel time. He supported moving the Police Department to the High Ridge location Commissioner Casello had received and reviewed the packet of information and had visited the Police Station. He agreed with the use of the word appalling in relation to the current facility. He found it unbelievable that a professional police department could tolerate the conditions and do the job they do for the City. In 2003/2004 the capital budget had $16 million for a new facility. The 2008/2009 capital budget had the cost estimated at $26.5 million. The cost was definitely not decreasing. The decision has to be made soon. Fire Station #5 site is a great location for the Police facility and it was planned well in advance for placement at that site. The current location has outlived its usefulness. It is time to move forward and the question becomes how it would be financed. Mayor Taylor had been a proponent of a public safety complex at the High Ridge site. The City owns the land. The leaking roof in the Communications Center was a major concern. There is space available at Fire Station #5 for dispatch that is a hardened facility up to a Category 5 hurricane. The priority should be to immediately move Communications to Fire Station #5 and it is currently being planned. He fully supported the recommendation of staff. Mayor Taylor opened the issue for public comment. Motion 19 May 7, 2013 Mack McCray, 806 NW 4 Street, was proud to have been a Commissioner at the time the site on High Ridge Road was selected as the site for the Police Department and Fire Station #5. He had frequently made the statement the City has made plans and placed them on the table. He was glad there is a new Commission to move this plan forward and urged the Commission to move forward with the conceptual plans as recommended. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a business and property owner in Boynton Beach, asked that there be a full transparent process going forward She agreed a new Police Station was needed. She wanted to be sure there was a distinction drawn between police and fire needs with more community sensitivity. Vice Mayor Hay moved to approve the staff's recommendation to proceed with the preparation of conceptual plans and identification of construction funding for a new Meeting Minutes Regular City Commission Boynton Beach, FL police facility on the City's land on High Ridge Road and Gateway Boulevard Commissioner Merker seconded the motion. Vote The motion passed unanimously. Mr. Livergood stressed if the plans went well, the new police facility would be completed in three years. There are very purposeful steps that have to be taken. The space assessment has to be revisited and the Department's needs now and in the future to properly plan the space. A request to hire an architect would be brought before the Commission and request for a task order to do the space study and design. A cost estimate will be determined and the decision to move forward would have to be made based on the cost. Mayor Taylor requested every opportunity to condense the timeline be pursued. Ms. Byrne explained staff supported the concept of the event. It has been very successful in other municipalities. The only way the event can happen is through the special event process and it does not work. Under the regulations, they are required to pay $100 a week. Staff wanted to be able to suspend the fee, refund some of the money and then create regulations in the Land Development Regulations that would formulate a logical methodology how the events can come into the City and prevent impacts on local businesses and make it a good marketing event for the City. The food trucks have contracted to be in the City through June and it is a financial burden on them to continue to pay the $100 each week. Staff wanted to see it be a successful event. They have paid $700 up to this point. The refund is sought because it is not truly a special event and the requirements should be outlined in the Land Development Regulations with a special event business tax. It would be a temporary license for a set period of time, to operate out of a location. It is something that should be permitted within the City. The refund would be $600 total for all trucks. Motion May 7, 2013 B. Approve temporary suspension of Special Event Permit requirements for the Food Truck Connection event through June 12, 2013 Commissioner Casello moved to suspend the fee and refund the money. Vice Mayor Hay seconded the motion. Commissioner Fitzpatrick inquired about the cleanup and Ms. Byrne advised the gourmet trucks have to cleanup the site as part of the contract. Commissioner Fitzpatrick did not understand how it could be a financial burden with the number of 20 Meeting Minutes Regular City Commission Boynton Beach, FL trucks involved. Ms. Byrne replied they drive up from Miami each week. There are other expenses they incur with coming to Boynton Beach. Commissioner Merker asked, if there was knowledge at the time the contract was entered into, that a fee was required. Ms. Byrne did not know. Commissioner Merker surmised the contract was entered into with an understanding of the costs. Not paying would be ludicrous. Ms. LaVerriere indicated the type of event did not fit in any of the established processes, rules or regulations to establish the proper permit fee. It is an experiment. Ms. Byrne denoted the definition of special event is an event that happens at a very specific location, in a closed period of time. It does not cover events that occur weekly over several months. Commissioner Merker argued it had been defined as a special event by the City. Ms. Byrne responded it was the only available avenue to start the weekly event. With the current regulations, the event would have been prohibited. Commissioner Merker questioned why the change could not take effect next year when the regulations are changed. Ms LaVerriere asserted it was something new to the City that was tried and if it works, appropriate regulations can be written. The regulations are non - existent, not inaccurate. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 13. LEGAL A PROPOSED ORDINANCE NO. 13 -007 - SECOND READING — PUBLIC HEARING - Approve abandonment of a three (3) foot -wide Utility Easement (ABAN 13 -002) running in an east -west direction for a distance of approximately 918 feet, located on the original Killian's Park plat and currently being developed as Seabourn Cove — Phase II, zoned PUD (Planned Unit Development). Applicant: Bradley D. Miller, Miller Land Planning, Inc. (Commissioner Casello left the dais at 9:01 p.m). Attorney Cherof read Proposed Ordinance No. 13 -007 by title only, on second reading. Ed Breese, Principal Planner, explained the request that was made in conjunction with the development of Seabourn Cove and located the property. The utility easement runs from Federal Highway to Dixie Highway, through the center of the multi - family development It is being abandoned because there are no utilities located in the easement and will not be utilized in the future. Since it no longer serves a public purpose, staff was recommending the request be approved. 21 May 7, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL May 7, 2013 Christie Titlewood, from Miller Land Planning, was available to answer any questions. She indicated they had received approval letters from all the utilities to release their rights. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Fitzpatrick moved for approval. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 13 -010 — FIRST READING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code Attorney Cherof read Proposed Ordinance No. 13 -010 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 13 -011 - FIRST READING - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the use of Park Impact Fee proceeds. Attorney Cherof read Proposed Ordinance No. 13 -011 by title only, on first reading. Motion Vice Mayor Hay moved to approve. Mayor Taylor passed the gavel and seconded the motion Commissioner Fitzpatrick was concerned these are impact fees and it appears to cover ongoing expenses rather than expansion for new residents or new areas. Staff was not available to respond. 22 Meeting Minutes Regular City Commission Boynton Beach, FL Attorney Cherof suggested the matter be approved so it could move forward to second reading and questions could be answered at that time how the funds would be used. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Fitzpatrick dissenting). (Commissioner Casello returned to the dais) Mayor Taylor requested Commissioner Casello indicate his votes on the items covered while he was away from the dais. His votes were tallied with the motion and vote. Motion D Approve payment plan of utility fee arrearage. 23 May 7, 2013 Attorney Cherof explained through the ongoing audit process, it was determined there was an arrearage in utility payments for Pelican Point at Boynton Beach Condominiums. The Finance Director negotiated a zero reduction with the request that a payment schedule be established. The payments are being made on a regular basis and the agreement allows the settlement arrangements to continue with an upfront payment as well. Commissioner Casello questioned how the arrearage got so high without detection. Tim Howard, Director of Finance, explained the account covered a number of buildings and there were issues when hurricanes rendered the building uninhabitable. There were communication errors relating to suspension of charges during those times. The property management company also changed. There were attempts to set up payment plans that did not materialize. Finally, there was agreement to pay the current bills from January forward, plus payment toward the arrearage. The credits due were finalized and the finite amount was established. Vice Mayor Hay moved to approve the payment plan. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof requested an executive session to be held Tuesday, May 21 at 5 p.m. for the purpose of discussing two pending litigations. One is Olen Properties Corporation involving a dispute with Quantum Park and control of the management association. The second case relates to David Floering versus the City of Boynton Beach and will cover a follow up response that was received. Meeting Minutes Regular City Commission Boynton Beach, FL 14. FUTURE AGENDA ITEMS May 7, 2013 A. Hear quarterly report for the 1st Qtr 2013 update on Climate Action Plan Implementation - May 21, 2013 B Presentation of Legislative Update by State Representative Lori Berman District 86 - May 21, 2013 C. Cost/Benefit comparison for televised City Commission meetings - 05/21/13 D Update on Utilities CAP Fees - June 4, 2013 E Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3.00 p.m. in the Library Program Room at the City Library 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 nothing further to discuss, Mayor Taylor properly adjourned the meeting at 9:11 p m. (Continued on next page) 24 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: t M. Prainito, MMC y Clerk z,,c77(7 dith A. Pyle, CM eputy City Clerk 1Y) . P Aza - t410 - CITY OF BOY TON BEACH 25 Mi rick, C issioner r Joe Casello, Commissioner May 7, 2013