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Minutes 05-21-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MAY 21, 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 Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk EXECUTIVE SESSION TUESDAY, MAY 21, 2013 @ 5:00 P.M. (OR AS SOON THEREAFTER AS PRACTICABLE) 1. OLEN PROPERTIES CORP., a Florida Corporation; SECURED HOLDINGS, INC., a Foreign Corporation; QUANTUM LAKE VILLAS II CORP., a Foreign Corporation; VILLAS AT QUANTUM LAKES, INC., a Florida Corporation, Plaintiffs, (CASE NUMBER 502013CA007694XXXXM B) v. QUANTUM PARK PROPERTY OWNERS'ASSOCIATION, INC., a Florida Not - For - Profit Corporation; DOUGLAS MACDONALD, FIONZO BRESOLIN, EUGENE GERLICA, HEATHER RINTOUL, CANTERBURY AT QUANTUM VILLAGE PROPERTY OWNERS ASSOCIATION OF PALM BEACH, INC., QUANTUM PARK OVERLAY DEPENDENT DISTRICT, DUKE PGC AT QUANTUM 1 -9, LLC., and PARKSIDE TOWNHOMES HOMEOWNERS ASSOCIATION, INC., 2 DAVID FLOERING, Petitioner vs. CITY OF BOYNTON BEACH, Respondent — Case No 502012CA019202XXXXMB AN Mayor Taylor opened the meeting at 5:03 p.m. Roll call was taken and all were present. Attorney Cherof recalled at the last meeting he had requested an executive session, closed -door session in two cases; Olen Properties Corp. vs. Quantum Park Property Association, Inc plus other property owners including the City of Boynton Beach, pending in Palm Beach County Circuit Court and David Floering vs City Of Boynton Beach, also pending in Palm Beach County Circuit Court. 1 Meeting Minutes Regular City Commission Boynton Beach, FL Attorney Cherof advised the meeting should be recessed to a closed -door session with a Court Reporter present to discuss the litigation and strategy tactics with respect to both cases. At the conclusion of the discussion, the Commission would return to Chambers to resume the regular meeting. Mayor Taylor declared the meeting in recess at 5:04 p.m. A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker The closed -door session was ended and the regular meeting called to order at 6:31 p.m. Roll call was again taken and all were present. Commissioner Merker offered an invocation by calling for everyone to come together to move forward in a positive direction The Pledge of Allegiance to the Flag was led by Commissioner Merker. D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach, where recreation is a lifestyle." E. Agenda Approval: 1 Additions, Deletions, Corrections Mayor Taylor added three items under Unfinished Business — A Code Compliance issue on Case 12 -1634, B. Code Compliance issue on Case 12 -697 and C. Discuss the no -build easement on the Old High School. Motion 2. Adoption May 21, 2013 Vice Mayor Hay moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2 Meeting Minutes Regular City Commission Boynton Beach, FL 2. OTHER A. Informational Items by Members of the City Commission May 21, 2013 Commissioner Casello had traveled to Massachusetts and had been asked to appear on a local talk show and expound on the City of Boynton Beach. He hoped he was able to promote the City to those who already come to the area and those thinking of visiting or moving As the City Representative he had attended the COBWRA meeting where State Representatives and Senators were present to report on the recent legislative sessions in Tallahassee Commissioner Casello attended the Chamber of Commerce Taste of Boynton held at Indian Springs and the Florida Redevelopment Association Community Redevelopment Agency Basic Training session. It was very informative and great for the new Commissioners. Commissioner Casello attended the Recreation and Parks Advisory meeting and reported a survey had been sent to 5,000 residents to assess the strategic needs for recreation and parks programs. He encouraged those who received the survey to respond so the needs and wants of the citizens could be ascertained. Commissioner Casello had also visited a small business, the New Consignment Boutique at 1120 S. Federal Highway. Those types of stores would make the City of Boynton Beach unique in the future. Commissioner Merker pointed out he had gone to the Annual Police Memorial and Awards Luncheon and was impressed with the dedication of the Police Department. He hoped more of the citizens would attend the important event to show respect for those who are there to help others. Commissioner Merker had gone for a ride in the new Police boat that was bought for the safety and prevention of crime, but had only two assigned officers instead of the previous four officer team. He had attended the educational program for the Community Redevelopment Agency and felt the City was very fortunate to have Vivian Brooks and Michael Simon. The development in the Community Redevelopment Area was critical to the City of Boynton Beach and he wished classes could be offered to the citizens as well. Vice Mayor Hay spoke for everyone indicating that their prayers and thoughts be with the people of Oklahoma, who had been hit by the horrific tornado. Vice Mayor Hay had read the proclamation for Nurses' Week at the breakfast gathering of the East and West Bethesda Hospital to recognize and present awards to the nurses. He had also attended the Police Memorial and Awards ceremony at the Intracoastal Park. There was a special commemoration for the K -9 that had to be euthanized Vice Mayor Hay had gone to the Metropolitan Planning Organization (MPO) meeting and 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 learned about the commuter rail to run from Miami to Orlando. Palm Beach County and Boynton Beach will now be included. It was mentioned that the opening of the Panama Canal would have a tremendous impact on the truck traffic along 1 -95. He invited the other Commissioners to attend the next meeting that will address the future traffic congestion. Vice Mayor Hay had gone to the Taste of Boynton event and the unveiling of the new Police boat. The new boat would be a significant improvement of the services offered and it did not cost the taxpayers any monies It is named Seazed Assets. Commissioner Fitzpatrick had gone to the League of Cities Luncheon and met many of the other elected municipal officials. He had also attended a Sierra Club program at the Loxahatchee Refuge outlining a new wildlife refuge at the headwaters of the Kissimmee River to improve the Everglades water quality. He too had attended the Police Memorial and Awards ceremony. Commissioner Fitzpatrick had attended a Forest Park Association meeting and the five -hour CRA training session. He learned during the breaks that many Commissioners would be happy to trade their problems with the City of Boynton Beach. Delray Beach CRA is the poster child of the CRAs because of its success with Atlantic Avenue. None of the 409 200 CRAs have succeeded enough to be shut down and new tax monies directed to City budgets. His personal opinion was the Boynton Beach CRA should remain in its current form for another 10 years to complete its mission. Mayor Taylor indicated he had attended many of the events mentioned, without further comment. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation by Florida State Representative Lori Berman District 90 to provide an update from the recent legislative session. B. Allow presentation by Florida State Senator Jeff Clemons District 27 to provide an update from the recent legislative session. Representative Berman and Senator Clemons came forward to give a joint presentation Senator Clemons introduced himself, located his district, and his past experience. He had sat on the Ethics and Elections Committee. As a result of that he learned that cities lead the way in terms of ethics ordinances and the legislature has lagged behind in terms of voting on issues with special benefits to themselves. It was addressed this year and there has to be transparency with any interests in the vote outcome divulged. It was overdue for the legislature. 4 Meeting Minutes Regular City Commission Boynton Beach, FL 5 May 21, 2013 Senator Clemons also served as Vice Chair of the Banking and Insurance Committee and fought against the Citizens Insurance Property bill that would have raised rates for new coastal homebuyers and many in the City of Boynton Beach. The bill was minimized and nothing remains that would significantly raise rates on the constituents this year. He had also worked on the sober house issue, and in some instances, the houses have overtaken neighborhoods. They are not treatment facilities, rather housing with no regulations whatsoever. As a result people are taken advantage of and neighborhoods taken over. There was ultimately some proviso language added to the budget so the State government can do a study to determine what it would cost to regulate the homes and determine their location that is totally unknown. The Governor's veto list covered almost all his projects in the budget. It was very disappointing. Several projects for the Lake Worth Lagoon were vetoed in the budget. They would have helped the environment and created jobs. The overall budget did include money for education, libraries, affordable housing and things of that nature. Representative Berman reported an exemption to home rule provided that a local government cannot require an employer to provide additional benefits from what the State or Federal government requires, such as sick time. There was another area involving signage on agricultural areas that cannot be regulated. A bill that passed involved citizens' right to be heard at meetings. Some municipalities do not allow public comment. The law indicates it does not have to be at the same time a vote is being taken and reasonable limits can be set. An election bill was passed but it does not go far enough and more work on the issue needs to be done. There will be more early voting days, even the Sunday before election at the discretion of the Supervisor of Elections. The new computer system will now allow voters to change their address on the day of the election. It is a first step. There will be a sales tax holiday from August 2 to August 4 for school supplies. Passing a budget is required and Ms. Berman did vote for the budget. There were great projects for Palm Beach County that ultimately got vetoed by the Governor, including $3.6 million for Bethesda Hospital. A utility project in the Glades for $1 million was vetoed and it was needed. The most disappointing aspect of the legislative session was the failure to expand Medicaid in the State. The Senate passed a bill with a plan for the State to expand Medicaid. The House Republican Leader chose not to support it. It was supported by most all entities including the Governor; however, the Speaker of the House would not allow it to be heard on the House floor. The result is 1,000,000 people would not get healthcare coverage and over 10 years the State would not receive $51 billion from the federal government. A special session on the issue was requested. Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 A texting while driving bill was passed, but it did not have much impact because it would only be a secondary offense. The House then added a provision that the phone records would not be attainable unless there was an accident that caused damage. Representative Berman represents the area north of Boynton Beach Boulevard and between 1 -95 and the Turnpike and north to SW 6 Avenue. Commissioner Merker questioned if the rationale was known on the vote against the monies for Bethesda Hospital. Senator Clemons replied the vetoes carry only one or two lines of explanation. There was mention of return on investment without further explanation. Three of the four Lake Worth Lagoon projects were vetoed without any explanation They were very similar. Commissioner Merker felt Bethesda Hospital was one of Boynton Beach's biggest assets. He offered his assistance, if possible, and requested any information available regarding Bethesda. Representative Berman thought a possible factor was the State does not have the Health Care Act and Medicare expansions. The hospitals will suffer tremendously by not being awarded the Federal money and yet continue to treat the poor people who do not have insurance. There may have been a connection with Obama Care and the Hospital not getting the money. Commissioner Merker repeated his offer to assist in any way. Commissioner Fitzpatrick requested the location of Representative Berman's office being divulged. It is in the Childrens' Service Council building at Gateway and High Ridge Road. She had handed out the Berman Bulletin newsletter. She or her Legislative Assistant would be happy to talk with any constituents. Mayor Taylor thanked both Representative Berman and Senator Clemons for coming to the meeting and giving their updates It was informative. C. Present plaque to David Cordrey, Tennis Pro at Hunters Run, by a member of the Education & Youth Advisory Board, in appreciation for his contribution to the Tennis Carnival. Steve Waldman, Chair of the Education and Youth Advisory Board, presented a plaque to David Cordrey, the Tennis Pro at Hunters Run and one to Phyllis Stern in appreciation of their continued support and contribution to the Tennis Carnival event held in Hunters Run. Mr. Waldman indicated the Advisory Board tries to help the children and schools in various ways including swimming lessons, luncheon for young scientists and mathematicians, football helmets and other requests to provide some funding. He was proud of the efforts of all the Board members. Mayor Taylor agreed the Board did an outstanding job. D. Presentation of the Kinetic Art Organization (KAO) video production of the 2013 International Kinetic Art Exhibit and Symposium 6 Meeting Minutes Regular City Commission Boynton Beach, FL 4. PUBLIC AUDIENCE May 21, 2013 Debby Coles -Dobay thanked the Commission and especially Vice Mayor Hay for being able to showcase the video of the International Kinetic Art Symposium. It was done by the Kinetic Art Organization and was bringing world -wide attention to Boynton Beach. The video was shown and it was noted many pieces of the art remained on display. There is an Optical Art exhibit going on in the Library, 2 Floor. Mayor Taylor congratulated Ms. Coles -Dobay for a highly successful symposium and also those who made it a success. 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 Floering, 417 NE 6 Avenue, agreed with Commissioner Merker's opening statement, but noted many problems remained for the City. Mr. Floering remarked he had filed a lawsuit based on the City Attorney's interpretation of the word "shall" There has been a release offered for $485. It will probably end up in further litigation with other issues. Mr. Floering pointed out 95 people had been arrested for PIP fraud resulting from fake crashes and injuries. There is another investigation in which he participated against the cities of Boynton Beach and Delray Beach relating to the towing franchise fee that is riddled with PIP fraud There is strong proof because much of the work is done for cash to avoid a paper trail. The tow companies found the solution by paying the franchise fee to the two cities in cash. However, the cities did not file the proper IRS Form 8300 declaring cash transactions over $10,000. According to Mr. Floering it made the City part of the organized crime under the towing contracts and PIP fraud The term money laundering had been mentioned. Payments of cash have to be declared The investigation is almost complete and Mr. Floering wanted to make the Commission aware the negativity was not over. Joanne Slabodnik, 760 East Ocean Avenue, Coastal Towers, was present representing the dogs she walks at Marina Village. Her complaint related to the filthy conditions of the pavers and pedestals along Boynton Beach Boulevard from Federal Highway to the Intracoastal. She hoped the area could be cleaned up for the benefit of the dogs and people who clean up after them Pernell Davis, spoke on behalf of an organization that holds the Premier Basketball Camp that focuses on the whole player. It is free for the residents of Boynton. He had been raised in the City. The objective of the camp was to train the entire player and bring in others who can guide and encourage the players to care about the City. He hoped to continue the program to other sports or mentoring programs to help the kids in Boynton Beach to further their education and be successful. 7 Meeting Minutes Regular City Commission Boynton Beach, FL No one else coming forward, Mayor Taylor closed public audience 5. ADMINISTRATIVE Motion 8 May 21, 2013 Ray Whitely, 7353 Palmdale Drive, indicated Boynton United was working with the Premier Basketball camp and the organization The objectives are to serve as an alternative to juvenile and delinquent behavior, teach the fundamentals of basketball, give insight into being a successful college athlete, empower the participants with life skills and the importance of high morale character. It also shows the youth they are loved and someone cares. Boynton United wanted to be on the proactive side rather than responders. He invited the Commissioners or Mayor to speak to the group A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates 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 tabled his appointment to the Arts Commission and Commissioner Casello tabled his appointment to the Code Compliance Board. Mayor Taylor appointed Eric J. Salmonsson to the Historic Resource Preservation Board as a regular member. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Commissioner Fitzpatrick appointed Barbara Ready as an alternate on the Historic Resource Preservation Board. Vice Mayor Hay seconded the motion. Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. 6. CONSENT AGENDA Motion Vote May 21, 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. Approve payment of $59,360.00 to the City of Boca Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre- process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. B. PROPOSED RESOLUTION NO. R13 -041 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach C. Award the "Two Year Bid for Hydraulic Cylinders and Valves, Parts and Repairs, Bid #039 - 1412 -13JMA to Construction Hydraulics of Lake Worth Inc., for an estimated expenditure of $60,000 to be used on an AS NEEDED BASIS. D. PROPOSED RESOLUTION NO. R13 -042 - Approve the Service Agreement with Pictometry to provide web -based solution of high resolution aerial imagery with City GIS data to create a system that is accessible and interactive at a cost of $4,500 over the three year license agreement. E. Accept the written report to the Commission for purchases over $10,000 for the month of April 2013. F. Approve the minutes from the Joint City Commission and Community Redevelopment Agency Board meeting on April 4, 2013 and the Regular City Commission meeting held on May 7, 2013 Commissioner Fitzpatrick moved to approve the Consent Agenda Items. Vice Mayor Hay seconded the motion. The motion passed unanimously. 9 Meeting Minutes Regular City Commission Boynton Beach, FL 7. BIDS AND PURCHASES OVER $100,000 May 21, 2013 A. PROPOSED RESOLUTION NO. R13 -043 - Approve a contract with Anzco, Inc. of Boca Raton, FL; Bid No. 042 - 2210- 13 /JMA in the amount of $104,107 as the lowest, most responsive, responsible bidder for the construction of new Bunk Rooms for Fire Station 3. Staff is requesting a 10% contingency in the amount of $10, 411 fora total approved amount of $114,518 Motion Vice Mayor Hay so moved. Commissioner Casello seconded the motion Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R13 -044 - Approve Budget Amendment for the Fleet Maintenance Internal Service Fund for the Fiscal Year 2012 -2013, amending the appropriated budget from $6,024,971 to $6,973,177 Motion Vice Mayor Hay so moved. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 2) Approve the purchase of 3 replacement vehicles and an additional vehicle for Recreation; for a total of 4 units in the amount of $948,206.00. The purchases will utilize the following contracts /bids and vendors; Florida State Contract #760- 000 -10 -1 (Trekker Tractor), City of Gulf Shores FSC #12 -085 (Thompson Pump & Manufacturing Co.), Florida Sheriffs Contract #11 -10 -1202 (Sutphen Corporation) and Florida Department of Education Bid #2013 -01 (LBS South). Motion Vice Mayor Hay so moved. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 1 0 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT A. Accept quarterly status report of the City of Boynton Beach Climate Action Plan Implementation for the 1st Quarter 2013. Carisse LeJeune, Assistant City Manager, reported in 2008 the Commission requested the City create a green task force. It was populated entirely with City staff and they created an inventory of best practices using the Florida Green Building Coalition Standards for Green Local Government. In 2009 citizen stakeholders and key professionals from the community were solicited to work with staff and create the Green Community Alliance. Sustainable initiatives were developed under five sub categories and during that process the City was awarded the Energy Efficiencies and Conservation Block Grant through the ARRA funding. The funds were used for consultants to do a greenhouse gas inventory and use the initiatives to prepare a formal Climate Action Plan An implementation team was established and in 2011 the Commission approved the green building program ordinance. The landmark document was created and adopted in 2010 that addresses the biggest challenges of this century; sustainability, energy and climate change. Strategies and implementation areas were identified to meet goals. From the baseline emission inventory, three scenarios were established and the pending and non - binding Florida Administrative Rules and Regulations were chosen, giving a goal of 18% reduction of green house gas admissions by the year 2035. There are currently nine areas of implementation, including 12 objectives. There are 94 implementation strategies, down from 117. It is a living document and some strategies have been combined. The goal is 17% complete with 7% ongoing and 32 are in process. The success of the plan is related to the ownership of individual staffing and departments. Quarterly reporting to the Commission is done. There are challenges with the remaining 24 %, but the trek continues The green house gas update is occurring this year. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 Some of the highlights including energy retrofitting at the Hester Center for lighting, motion sensors and ball field lighting, solar panel and water heater demonstration at Fire Station #5, installed five public, electric vehicle charging stations, numerous Comp Plan re- writes for energy efficiencies, renewable energy and water conservation. The flood mitigation plan has been approved by the State and is being reviewed by FEMA. A PACE program and the Green Building Program were implemented. Motion sensors were installed at many buildings and great energy savings was realized. The solar panels are connected to a web site that captures the actual amount of energy that is being saved at any given moment plus a year -to -date savings and reduction in the carbon foot print. The largest area of greenhouse gas emissions is the transportation area and commercial and residential. The PACE (Property Assessed Clean Energy) program is directed to the commercial aspect and hopefully the residential could be included next. Public transportation is an ongoing effort with the MPO and FEC developing mass transit in the City. To create a green city through conservation, education and smart growth, all the elements have to be taken into consideration as moving forward with sustainability. Community engagement has been continuous with hands -on projects and programs with local school students and now adult activities. The Kinetic Art Symposium was an event that focused on green technology combined with art as seen with the Children's Schoolhouse Museum and the new Galaxy Elementary School with the S.T.E.A.M. (Science, Technology, Energy, Art and Math) program. PACE is financial assistance for energy efficient retrofits. It is long -term, safe financing for commercial properties to reduce overhead and operating expenses thereby expanding businesses and creating more jobs The green building program is voluntary. The City of Boynton Beach is the second city in the country to adopt the International Green Construction Code. Bikeways, greenways, blueways and pedestrian ways is the project currently being pursued. All of the pathways are being identified that are non - vehicle oriented to create a mapping system of connectivity to identify destination locations that can be reached without motorized modes of travel. The City has won many awards for their efforts and programs and has been recognized locally and nationally. It is hoped to create regionally consistent pathologies for things such as mapping sea level rise impact and assessing vulnerability and understanding sources of regional greenhouse gas emissions. Mayor Taylor expressed his appreciation for the brief overview since the accomplishments of the program were lengthy. Ms. LeJeune gave credit to the staff involved with the sustainability team. Their dedication and hard work has kept the project in the forefront. 12 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. B. Review options for broadcasting City Commission meetings 13 May 21, 2013 Commissioner Fitzpatrick concurred with the Mayor's remarks and the work done was appreciated He asked if there were other municipalities that were doing similar kinds of projects. Ms LeJeune responded West Palm Beach had adopted a sustainability plan. There will be a workshop with the Regional Climate Compact. The City of Delray has an active sustainability coordinator. Other cities are participating and beginning to attend the sustainability collaborative quarterly meetings. Vice Mayor Hay commended Ms. LeJeune and he thought the City should brag about its efforts through marketing the City with other organizations, developers and companies coming to the City of Boynton Beach. Commissioner Casello inquired if the new Police station would include green strategies. Ms. LeJeune was adamant the new station would be a green construction project. Motion Vice Mayor Hay moved to accept the quarterly status report. Commissioner Casello seconded the motion. Commissioner Merker stressed the positive information discussed at the meetings could be more widespread if the meetings were broadcast. To move the City forward, the positive aspects have to be advertised, announced and broadcast to the area. People hear ideas and project positive ideas with communication as the key to relationships and success. Vice Mayor Hay recalled the project had been reviewed in 2008 and it still may be premature to try to find the monies at this time. It could be a good workshop item, but not that high on the priority list. There are other things that need to be considered and prioritized. He supported the concept, but not the reality of it, at this time. Mayor Taylor agreed it was good idea; however, there were many things on the priority list that should be done such as building the reserve fund and concern for the workforce that has not seen pay increases for three or four years He would be glad to review the matter in the future. Commissioner Merker reiterated he did not disagree with the comments, but would be redundant and repetitive that it is an investment and encourages developers to see the positive growth within the City of Boynton Beach Citizens would also want to come Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 here and applaud the efforts of the staff The $100,000 is a lot of money, but not if $1 million can be made when people know what is going on. Commissioner Casello commended Commissioner Merker on his passion and his beliefs. There are other media venues that can be used to publicize the positive accomplishments. Commissioner Casello agreed with the Mayor and Vice Mayor that the employees not receiving raises for the past four or five years and the low reserves have to be the priority. It should be discussed at the budget workshop though. Commissioner Fitzpatrick wanted to hear the presentation by staff. He had talked with two constituents who were highly in favor of the broadcasting. He did agree the $100,000 maybe too much at this time, but there may be a cheaper alternative. John McNally, Manager of ITS, wanted guidance on the type of system the Commission might be interested in using to then develop a cost estimate and timeline. Mayor Taylor thought any discussion may be premature until the budget hearings. Mr. McNally could describe the basic configuration and then intermediate or advanced technology. A starting point could be discussed. Mr. McNally reported a basic configuration could include a camera on a tripod with nothing but a wide angle shot of the proceedings using a contractor for a rough estimate of $10,000 annually. It would be on a tape delay and displayed on their web page. An intermediate set up could include two or three cameras, a mixing board with the ability to splice in some of the content seen at the meetings with a more robust step in value to the viewer, as well as cost. He did not have the cost estimates. Based on his experience, Commissioner Merker contended the live broadcast is the best that generates the respect for the efforts of the people elected. Mr. McNally continued, the basic configuration could be hooked into the Comcast feed and sent out to a live streaming, peg channel. Mayor Taylor asked if more employees would be needed and Mr. McNally responded it would have to be considered and may involve additional staff or a contracted type position Ms. LaVerriere interjected the purpose of the discussion was to get direction from the Commission before arriving at some actual hard cost estimates. It will take time and research by staff, once the desire of the Commission is clarified and the level of the project to be utilized. Ms. LaVerriere wanted a consensus from the Board if the time should be invested to prepare the numbers for budget hearings Commissioner Merker surmised the concern appeared to be cost Presenting information with words without the cost would be foolish The premise appears to be the idea is good and could lead to business and positivity within the City, then it is worth the time to get the numbers. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 Mayor Taylor reiterated that broadcasting the meetings was not a priority in his estimation. He did not feel employee time should be spent on the project. Commissioner Casello questioned if the systems would be portable if an off -sight meeting was held. Mr. McNally remarked portability would be a factor if the equipment had to be purchased. It would not be an issue if a private consultant was utilized except as a portion of the fee charged. Commissioner Merker argued that discussing general concepts without specifics would be ludicrous. He viewed the possibility as the future. In order for a City to grow and learn and understand it is a progressive way to enlighten others to view the City. Vice Mayor Hay agreed with the Mayor in terms of priority It is a good project. It is premature and staff should not spend the time at this point to go further. It can be discussed at the workshop. There were still budget hurdles to be addressed before the nice -to -have items can be returned to the budget. Commissioner Fitzpatrick was surprised there are some residents who are interested and he thought had more citizens seen the way the Commission had operated in the recent past, there would have been different inquiries made and positions taken. He saw value in the idea, but realized the $100,000 was not affordable. He would be at the $10,000 level and would support the meetings being pre- recorded as a trial. It could be put into next year's budget. It would not be at the bottom of his list. Commissioner Casello felt the idea had merit and again commended Commissioner Merker for his passion on the topic. He agreed it was not viable at this juncture. Consensus Mayor Taylor declared there was consensus to not proceed at this time. 11. UNFINISHED BUSINESS A. Approve or modify the Code Compliance Board's Lien Reduction Modification Order in Case #12 -1634 filed 4/29/13 Mayor Taylor explained the matter had come before the Code Board on April 24, 2013 and after discussion the Code Board reduced the fine from $166,634.12 to $8,300. Mr. Stern now request the fine be reduced to $1,500. Attorney Cherof commented on the statutory procedure. The Commission now has the authority to affirm the final order or modify the final order by increasing or decreasing the fine Diane Springer, Code Compliance Coordinator, reported both the cases were bank owned properties and the current owner had bought them on the courthouse steps. A 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 lien search was not done. The owner admits he buys properties, rehabs them and flips them. He does have properties in the City that do have violations that he created. These violations had to do with an unsecured property and a big concern for the Code Board resulting in a higher fine. The owner went through the lien reduction process and requested to come before the Commission. Ms. Springer called to verify the owner would attend the meeting and the written response was he would not attend because the liens are invalid and the process unnecessary. Ms. Springer had contacted the City Attorney prior to taking the case to the Code Compliance Board and there was email correspondence between his attorney and the Assistant City Attorney, Shana Bridgeman, the owner and Ms. Springer. Ms. Bridgeman confirmed the liens were valid. Mayor Taylor advised if the owner bought the properties on the court house steps he should have been fully aware of the liens on the property. He thought the Code Board did a thorough review of the case and to reduce it from $166,634 to $8,300 was very lenient. He supported approving the Code Compliance Board determination. Commissioner Casello confirmed the purpose was to flip the house. Ms. Springer believed one house already had a contract for sale and both were waiting for the completion of the lien reduction process before closing. Vice Mayor Hay inquired why the items were added to the agenda at the last minute without an opportunity to review the paperwork in advance. Attorney Cherof interjected there was a timing issue with one of properties and the sooner it came up for consideration the sale could be completed There is a time period under the Code provisions requiring it should be within 30 days of the request for reduction Initially the owner was going to appear before the Commission and now changed his mind. Ms LaVerriere advised they had worked with the owner to get the matter heard before the Commission to move it along for the closings. His assertion that the liens were not valid and he would not appear was a surprise Attorney Cherof added it does take time to go through the entire lien reduction procedure. An applicant does have to go to the Board. There was no sense of urgency, merely an attempt to make the City more user - friendly to end the appeal process. Vice Mayor Hay supported the Code Compliance Board recommendation. Commissioner Fitzpatrick asked about the condition of the properties at the time of purchase Ms Springer indicated they were vacant properties and in disrepair. One property had missing windows, needed roof repair, soffit repair, unsecured, trash and debris and a hole in the side of the building. They were required to be in total compliance to come before the Board for lien reduction. The banks were responsible for the violations. After the Board hearing and testimony given, State statute requires 16 Meeting Minutes Regular City Commission Boynton Beach, FL the severity of the violation, length of time in violation and if it involves a repeat violator, has to be considered. The bank was not a repeat violator. Commissioner Merker understood the individual owns more than one property, knew what he was buying and the Board was being gracious and kind to give him a reduction. He decides not to attend and contends the finding is improper. A person who continually buys property in this manner should know what he is buying and must have money available He found it disrespectful for the owner to not be present. The owner knew there were violations on the property at the time of purchase. Motion May 21, 2013 Commissioner Casello moved to accept the Code Board's recommendation of $8,300 fine. Vice Mayor Hay seconded the motion. Commissioner Fitzpatrick concurred it was disrespectful to not attend the meeting. However, he pointed out the City was not receiving any tax revenue and they were an eyesore that would now be back on the tax roll. In essence the owner was doing the City a favor and he believed more people were needed to repair the bad housing that exists. He was not the cause of the problems. Commissioner Fitzpatrick supported the reduction to $1,500 because he was helping the City Commissioner Casello wanted to withdraw his motion. He inquired what the administrative costs had been and Ms. Springer indicated it was $643 12. The administrative fee is certified at the time the lien was filed. From that point forward there could be five or six additional inspections, numerous phone calls, additional paperwork that is not taken into consideration once certified. Vice Mayor Hay questioned the reason for the 295 days of non - compliance. Ms. Springer advised there were circumstances including a list of things required to be done and some were completed without permits. The permits then had to be applied for and it delayed the process. It has to be in total compliance. Vice Mayor Hay reflected consideration of Commissioner Fitzpatrick's suggestion should be given. Motion Commissioner Fitzpatrick moved to accept a lien reduction to $1,500 Vice Mayor Hay seconded the motion. Vote The motion passed 3 -2 (Mayor Taylor and Commissioner Merker dissenting). 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 B Approve or modify the code Compliance Board's Lien Reduction Modification order in Case #12 -697 filed 4/29/13. Mayor Taylor reviewed the case involving the same owner and the Code Board reduced the fines from $295,634.12 to $8,850. A reduction to $1,500 was requested. Motion Commissioner Fitzpatrick so moved to reduce to $1,500. Vice Mayor Hay seconded the motion. Commissioner Merker restated the reduction would be from $295,634.12 to $1,500. It was mindboggling to him and he did not understand the reasoning for the change. Vice Mayor Hay explained the goal was to get the property in compliance. The idea was not to make money. If a concerted effort has been made and the property brought into compliance, that should be the main interest of the City. It was not the owner's doing. Commissioner Merker recalled he had bought the property with knowledge of the condition He does this for a living and is not surprised by these situations. The owner was manipulating the City Mayor Taylor agreed with Commissioner Merker and understood the goal was compliance, but a message is being sent that Code violations and the fines will eventually be reduced and time is not a factor to make necessary repairs Commissioner Fitzpatrick agreed if it would be possible to collect the money from those who caused the violations. The banks do not spend money to fix the properties If it was a private citizen ignoring the City it would be another situation. Further requests from the same individual may not have the same result. He continued to see the situation as a good thing for the City. Vote The motion passed 3 -2 (Mayor Taylor and Commissioner Merker dissenting). C. Receive a report reviewing the background, updating the current status and requesting consideration of a No -Build Easement for the Old High School project. Attorney Cherof reviewed the fact the item had come before the Commission and a description of a no -build easement was marked off, on the ground, and Commission members could visualize the area. It was returned to the Commission for consideration after viewing the area. If approved, a survey of the footprint for the easement would be done and it was recommended the survey be done at the developer's expense. The completed survey would be attached to the easement document and upon approval, signed and conveyed 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 Commissioner Fitzpatrick disclosed he had spoken with the developer at in the Planning and Zoning Division. He wanted confirmation that the property was not being sold, rather a 99 -year lease. Attorney Cherof advised the property was being sold. Commissioner Fitzpatrick had been told by the developer it was a lease and he felt somewhat better about the project under those circumstances. Ms. LaVerriere added a lease had been contemplated in the early stages, but the final decision was, upon securing of financing by the July 10 deadline, the land would be conveyed with ownership to the developer. Juan Contin, 826 S. Federal Highway, Lake Worth, had the impression to date with his counsel that they were still under the 99 -year lease provision. Attorney Cherof was emphatic it was not a lease document and was not from the time it was prepared for signature. He stressed Mr. Contin had the advice of his own counsel and it was a conveyance of the property. It is the approved transaction for consideration if the financing is secured by July 10 the property would be conveyed to Mr. Contin Ms LaVerriere noted the purchase and sale agreement had a purchase amount of $100. Mr Contin conceded it was his error without speaking to his counsel. His remarks were in good faith what he felt was happening. The lease had been on the table for a long time. Commissioner Fitzpatrick expressed concerned with the way the land was being split up and extended almost to the west door of the Children's Museum. He thought there were easement issues that the City would retain control of the walkway and grass cast west of the Museum being the main pathway corridor from City Hall to the Civic Center and Library He did not want the land conveyed to the developer and had been told it was a 99 -year lease and provisions could be written into the agreement. Under the present circumstances, Commissioner Fitzpatrick was not in favor of conveying that portion of land that the walkway covers and the grass strip to the developer. Commissioner Merker found the situation confusing. He did not understand how an easement could be granted when the buyer or renter does not know which situation exists and asks for an easement. It would be foolish for the Commission to vote on the matter until the developer is fully aware of the terms of the agreement. Mr. Contin asserted the financing he was seeking could involve either a 99 -year lease or sale. It would not compromise the financing. Attorney Cherof thought it was an issue for concern and was astounded the purchaser did not know if he is purchasing or leasing and may want to reconsider the transaction at this point It may be appropriate to table the matter to have Mr. Contin reconsider his position and return to the Commission at the next meeting with his decision. 19 Meeting Minutes Regular City Commission Boynton Beach, FL Mayor Taylor was not in favor of conveying the land and was going to vote against the request. Commissioner Merker concurred and would vote against the sale. Vice Mayor Hay recalled the issue had been discussed many times and he wanted to give it the benefit of the doubt to see the project move forward. However, at this time he had an uneasy feeling about the entire project. He would agree to a delay to come back at the next meeting. At that point it would be a definitive decision. Because of the investment already made he did not want to cut the project. Commissioner Casello supported the project, but found it amazing the developer did not know if the property was being sold or leased. It was his soul sole responsibility to know. He agreed with Vice Mayor Hay's suggestion to table the matter until the next meeting for a definite decision by the developer. Ms. LaVerriere would send out the two documents approved by the Commission and executed by Mr. Contin, attorneys and witnesses. It would be the developer's agreement and the purchase and sale agreement. She would send a set to Mr Contin also so everyone could revisit the documents. Mayor Taylor passed the gavel and made a substitution motion Motion Mayor Taylor moved to deny approving an easement. Commissioner Merker seconded the motion. Vote The motion failed 2 -3 (Vice Mayor Hay, Commissioners Fitzpatrick and Casello dissenting). Motion Commissioner Casello moved to table to the next meeting only. Vice Mayor Hay seconded the motion. Vote The motion passed 3 -2 (Mayor Hay and Commissioner Merker dissenting). Attorney Cherof advised he would send out a copy of the development agreement, purchase and sale agreement and a timeline of what has occurred and would be occurring on or before July 10 He drew their attention to a few pages into the purchase and sale agreement that provides for a July 10 closing date at which time, if 20 May 21, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL Mr Contin obtains the financing, we will deliver a special warranty deed. A special warranty deed is the conveyance of the property and not a lease. Ms. LaVerriere noted prior to that the site plan must be approved which is part of the timeline. The site plan approval before the Commission has to be done by June 6 Mr. Contin confirmed, either way it was done. Lease or sale, the financing would accommodate either scenario. It did not matter to the bankers or the investors. If the City wanted to return to the 99 -year lease, he would agree to that change. 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -010 - SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code (REQUEST TABLING DUE TO PUBLICATION ERROR BY NEWSPAPER) Motion Vice Mayor Hay moved to table. Commissioner Fitzpatrick seconded the motion Vote The motion passed unanimously. B. PROPOSED ORDINANCE NO. 13 -011 - SECOND READING — PUBLIC HEARING - 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.(REQUEST TABLING DUE TO PUBLICATION ERROR BY NEWSPAPER) Motion Vice Mayor Hay moved to table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. May 21, 2013 C PROPOSED ORDINANCE NO. 13 -012 - FIRST READING - Approve amendment to Land Development Regulations (LDR) that extend the trial 21 Meeting Minutes Regular City Commission Boynton Beach, FL Motion 22 May 21, 2013 period for temporary feather banners for a second 12 -month period, and set a limit of two (2), 90 -day display periods. Attorney Cherof read Proposed Ordinance No. 13 -012 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 13 -013 - FIRST READING - Amend the Land Development Regulations to: 1) Create Transit Oriented Development provisions & minimum standards within the mixed -use zoning district regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking requirements in support of adaptive reuse projects. City initiated. Attorney Cherof read Proposed Ordinance No. 13 -013 by title only on first reading. Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Fitzpatrick wanted the definition for arterial roadway. Mike Rumpf, Planning and Zoning Director, responded, except for the limited access highways like I- 95, the arterial class is the most intense, higher traffic volume and sometimes higher speeds in descending order or speed and intensity to the collectors and local streets. Each is broken into their own subcategories. They are being unified for simplicity in the regulations. The downtown stretches are along two State roads, arterial roadways Commissioner Fitzpatrick thought it created a conflict of purpose. In his opinion an arterial roadway would facilitate access to the major highways. The stores and store fronts along arterial roadways are being missed along these roadways because of the traffic speed going from high density living to 1 -95. Mr. Rumpf explained the intent was to have slower speeds downtown and there has to be something for people to view. The roads could be turned into pedestrian friendly roadways by requiring wider walkways or beautified landscaping. The parking areas should not be along the roadways. Commissioner Fitzpatrick remarked the section dealing with basements being above the crown of the road to prevent flooding was inconsistent and should be struck. Mr. Rumpf Meeting Minutes Regular City Commission Boynton Beach, FL May 21, 2013 would review the section and have an explanation upon second reading If changes had to be made it could be handled at that time Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Fitzpatrick dissenting). 14. FUTURE AGENDA ITEMS A Request approval for an application being submitted by the Utilities Department for a Hazard Mitigation Grant Program (HMPG) grant that requires a City match. - June 4, 2013 B. Consideration of fee amendments for Building and Planning & Zoning services - June 4, 2013. C. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00 p.m , Tuesday, July 23, 2013 @ 10 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library D Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 E. Update on Utilities CAP Fees - June 4, 2013 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 come before the Commission, Mayor Taylor properly adjourned the meeting at 8:38 p.m. (Continued on next page.) 23 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST dith A. Pyle, C Deputy City Cler CITY OF BOYNTON BEACH 24 oodrow L Hay, Vice Mayor David T. Merker, Comm Fitz trick, Commissioner e Casello, Commissioner May 21, 2013