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Minutes 07-16-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JULY 16th, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner ABSENT: Jerry Taylor, Mayor 1. OPENINGS Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. CaII to order - Mayor Jerry Taylor B Invocation C. Pledge of Allegiance to the Flag led by Mayor Taylor Vice Mayor Hay called the meeting to order at 6:31 p.m. The invocation was given by Commissioner Merker followed by the Pledge of Allegiance to the Flag led by Vice Mayor Hay. Vice Mayor Hay advised Mayor Taylor was absent and he would be presiding. D. Brand Promise Statement "It is time to take a look at Boynton Beach Grow your family, business and garden in a cultural mosaic of diverse, affordable neighborhoods." E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Casello asked to pull Item 6.F for discussion. 2. Adoption Motion Commissioner Fitzpatrick moved to adopt the agenda as amended. Commissioner Merker seconded the motion 1 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission July 16, 2013 Commissioner Casello had attended the retirement party for Police Chief Immler. He was thanked by his co- workers, friends and family. It was a great get together and he would be missed. Commissioner Casello had met with the Executive Director of the Community Redevelopment Agency Director, Vivian Brooks, and a consultant, Rebecca Shelton. He also had lunch with Davis Camalier and Ms. Shelton. Commissioner Merker had the privilege and pleasure of being invited to Police Chief Immler's retirement party. He was an asset to the City of Boynton Beach. Best wishes were sent to him and his family along with health, happiness and some luck. Commissioner Merker thanked him for his dedication to the people of Boynton Beach. He also wished good luck and success to the new Acting Chief, Jeffrey Katz. Commissioner Merker had also met Police Chief Yannuzzi from Ocean Ridge and thanked him for being present. Commissioner Fitzpatrick attended the July 4 Fireworks and met with the owner of the Bank of America property, David Camalier. He also attended a Seagate Condominium Special Board meeting to work on a solution relating to a probable Code violation of hat racking trees. Commissioner Fitzpatrick attended Chief Immler's retirement party. Commissioner Fitzpatrick mentioned the George Zimmerman trial outcome concerned him He had friends among the Boynton Beach Fire Department who are African - Americans and Haitians and he requested the Boynton Beach City Commission pass a resolution urging the Justice Department to investigate if Trayvon Martin's civil liberties were violated. Attorney Cherof advised there needed to be a consensus of the Commission to direct such a document be prepared. Commissioner Merker had strong feelings that the Court system should be respected and there would naturally be further reports on the issue. A vote would be inappropriate at this time because more information was needed. 2 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Casello asserted everyone had an opinion about what happened and transpired. It was the justice system and whether it was wrong or right it is not up to the Commission to decide at this time. Everyone had to accept the results and move on using it as a learning experience for all. Vice Mayor Hay agreed it was the best justice system in the world and although he disagreed with the decision, he respected the system and would honor it. He was not sure of the content of any resolution and felt a broader perspective was needed and time given to allow the system to work. In his opinion, the prosecution's presentation was weak, but each individual needed to make their own decision on the issues. He did not feel there was a need to take a political position as a City. Vice Mayor Hay declared there was consensus for no resolution. July 16, 2013 Vice Mayor Hay indicated he was unable to attend Police Chief Immler's celebration as he was out of town. He did attend the 4 of July Fireworks that was well attended. Vice Mayor Hay recognized and introduced Lt. Jeffrey Katz as the new Interim Police Chief, effective July 13, 2013 until a national -wide search can be undertaken. The Interim Chief is a 21 -year veteran of law enforcement. He joined the Boynton Beach Police Department in 1998, promoted to Sergeant in 2001 and Lieutenant in 2004, serving in multiple capacities within the Department including internal affairs, training, media relations, recruitment and agency accreditation. The command staff will include Lt. Kelly Harris to lead the Uniform Services Division and Lt. Stewart Steele the Support Services Division. Vice Mayor Hay was confident the Interim Chief and command team would successfully guide the Department through the transition period. Interim Chief Katz thanked the City Manager for the opportunity to serve in the capacity. Steps were already being taken to improve the Department that is a wonderful agency with tremendous talent that can be leveraged to service the City of Boynton Beach better. He hoped improvements would be seen very soon. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. 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. (if necessary) in the Library Program Room at the City Library Vice Mayor Hay announced the Special City Commission Budget Meetings that are open to the public. Ms. LaVerriere interjected the plan was to hold the meeting on Monday from 3 p.m. to 7 p.m. and Tuesday beginning at 10 a.m. and Wednesday at 3 p.m. if needed. The General Fund budget would be the first topic of discussion on Monday and she encouraged the public to attend and take part. 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 16, 2013 B. Consider the recommendations of the Financial Advisory Committee (FAC) presented by Don Scantlan, FAC Chair, in connection with the upcoming City Commission budget workshops on July 22, 23 and 24. Vice Mayor Hay suggested the recommendations be presented in a summary fashion and not the details. The budget workshop would be the better time to make a more detailed presentation. There was consensus to proceed as suggested. Don Scantlan, 13 Cedar Circle, presented as the Chair of the Financial Advisory Committee and advised this would be the expiration of his term on the Advisory Committee. Two of the recommendations were made in his absence and the Vice Chair of the Committee, Steven Grant, would be available for any questions on those topics. Mr. Scantlan continued there were five topics submitted for review. One was to use the Florida Retirement System for all future employees; second, consider privatization of Solid Waste functions; third, raise development fees; fourth, the responses to the annual survey and fifth, to hold an annual risk management strategy meeting as part of the budget workshops. Vice Mayor Hay inquired why Mr. Scantlan was not reapplying to serve on the Financial Advisory Committee. Mr. Scantlan indicated he would be applying his talents and time to another agency that is beneficial to the entire County. He had served the City for almost five years and the opportunity arose to serve in another capacity that also meets on Tuesday nights weekly. Vice Mayor Hay thanked him for his efforts, as did Commissioner Merker. Commissioner Fitzpatrick also thanked Mr. Scantlan for supplying information that made him pause to review his positions on several topics. Commissioner Casello noted Mr. Scantlan had been a gentleman throughout the campaign for District IV and the City has been well served by his efforts on the Financial Advisory Committee that will be missed. Vice Mayor Hay noted public input could be given at the Budget Workshops 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) Max Coombs, 722 NW 8th Court, was present because the Water Department, needed help. He called on April 1st to have water service connected. He was told to drive to City Hall and give them a deposit. They would not accept a bank account automatic withdrawal or credit card and he considered it ridiculous those options were 4 Meeting Minutes Regular City Commission Boynton Beach, FL July 16, 2013 not available. He mailed a check for $100 and the water was connected. He then received a bill for water service during the time the water was turned off. He believed that needed to be worked on. There was correspondence that went back and forth, and he received a demand letter for $21. However, in the meantime, they had cashed his $100 check and could have just refunded $79. Mr. Coombs claimed he was advised they could not find the $100 check. He went to his bank, got a copy and emailed it to the City. He spoke to a Supervisor, who apologized and indicated he would receive a refund of about $75 within two weeks; it is now a month. The next letter received indicated it had been turned over to a credit agency for collection. He thought the operation needed to be scrutinized and he submitted his documentation. Ms. LaVerriere assured him he would receive a phone call. Doug Lewis, 1501 SW 8th Avenue, had previously addressed the Commission as the lone dissenter about the 9/11 monument being placed in Veteran's Memorial Park. As suggested, he had talked with other veterans at American Legion Post #164 including the Second and Third Vice who agreed with him. Five or six other individuals at the Post agreed with him and even Tom Kaiser, who was Chair of the Veterans Commission. Mr. Kaiser has done a great deal of work for Veterans in Boynton Beach and had remarked at the Post he was against the monument being placed in Veterans Park. He has since taken the opposite position. The Veterans Commission Liaison had called Mr. Lewis explaining the plans had been ongoing for over a year and for the permit, a significant amount of information had been sent to the 9/11 Commission for approval. The placement location was an integral part of the approval process and if changed, the original permission would be null and void. Mr. Lewis questioned how the location had been approved. If Veterans Memorial Park is selected as the site for the monument, it would diminish the sacrifice and service of the veterans memorialized in the park. Charles Kanter, 2905 S. Greenleaf Circle, had come to praise the Commission and Ms. LaVerriere for the work done on the internet. He had previously written about returning to a five -day work week and to annex properties to straighten the border lines of the City, both pending further action. He was present to discuss the sanitation system that was making money, with no complaints so do not try to fix it. David Katz, 67 Midwood Lane, has lived in the City for over 30 years and felt the City had the best Solid Waste Department in the County, if not the State. There was reference made to comparisons with Fresno, Key West and the National Sold Waste Management Association. Senior staff in the City had not been consulted. The service is excellent and $4 million is transferred to the General Fund. Without Solid Waste within the City, the rates could come down, but the rates are not high for the service provided. A private company would charge for every extra event and other additional charges The City's response during hurricanes is immediate and a private company 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 16, 2013 could not compete in those instances. Privatizing sanitation would the worst thing that could happen Mack McCray, 806 NW 4 Street, a licensed funeral director and embalmer, had the privilege of working with the Trayvon Martin family. He appreciated the efforts of Commissioner Fitzpatrick and applauded each of the Commissioners for their comments. The Martins now need time to heal and prayers for the family and youth of America. Chief Chris Yannuzzi, Ocean Ridge Police Department, thanked Commissioner Merker for his prior comments. He remarked he had lunch with Interim Chief Katz and came to offer his moral support. He was a Boynton Beach Police Department retiree and very proud of the selection and offered his full support to the Interim Chief and senior staff. There is no greater reward than to see those you have mentored, trained and lead to reach the top Congratulations! He offered his help to the Commission and City Manager if needed. Allan Hendricks, 122 SE 4 Avenue, requested the Commission consider re- evaluating the Old High School project. Work has been done for five years, working with City staff and getting the plans in place. The project is ready to cross the finish line and if that cannot be done now, it will never be accomplished. He fully supported the development team and design team. The project should not get derailed due to minor issues. He understood there are always issues that arise. Mr. Hendricks believed the project would be good for the City and the neighborhoods on the east side. He believed the project would not be successful if it is delayed another year. He remained excited about the project and asked the Commission to resurrect the project. Commissioner Casello indicated he had spoken with Mr. Hendricks and explained his reasoning on his votes. If something different were proposed, further discussion could be initiated. Commissioner Merker reinforced his negative votes on the project. He did not feel it could be done much better and would not reconsider his vote. Steven Grant, 136 NE 3rd Avenue, pointed out his neighborhood is littered with trash and questioned if it was the City's responsibility to pick up the litter or Code Compliance to inform the property owners of their responsibility. The area is from Boynton Beach Boulevard to Martin Luther King and Seacrest to the railroad tracks. Mark Karageorge, 240A Main Boulevard, had gone to Chief Immler's retirement party and added many awards were presented to Chief Immler from other organizations and governmental agencies. He was disappointed that more of the rank and file of the Boynton Beach Police Department was not present. He did feel the Department was in capable hands and would be moving forward and would be more productive. 6 Meeting Minutes Regular City Commission Boynton Beach, FL Dr. Piotr Blass, 113 W. Tara Lakes Drive, sought prayers for Reverend Lance Chaney who was in poor health and volunteers to help get extra medical help for his care. Dr. Blass did feel the legal system should include further investigation into the Martin case involving civil rights and gun control. He opined that the Interim Chief of Police was an excellent choice and perhaps the cost of a national search was unnecessary. A detailed proposal had been submitted by Dr. Blass for the University of Boynton Beach. No one else coming forward, Vice Mayor Hay closed Public Audience. 5. ADMINISTRATIVE Vice Mayor Hay advised he had only one appointment that could be made and he preferred to table the appointment. Motion 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: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 regular and 2 alternates Planning and Development Board: 1 regular Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate Commissioner Fitzpatrick remarked both applicants were very qualified and he nominated Trevor Rosecrans, a civil engineer, as a regular on the Recreation and Parks Board. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Commissioner Casello nominated Renee Stern as an alternate on the Recreation and Parks Board. Commissioner Merker seconded the motion. 7 July 16, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed 6. CONSENT AGENDA Motion July 16, 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. PROPOSED RESOLUTION NO. R13 -059 - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Montus Desulma of 316 S.W 15th Avenue, Boynton Beach, Florida, 33435 and authorizing the City Manager to execute the Subordination Agreement. B. PROPOSED RESOLUTION NO. R13 -060 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach C. PROPOSED RESOLUTION NO. R13 -061 - Approve new language for Rule #1 -M of the Cemetery Rules and Regulations D. Approve the "Aspen Glen PUD" record plat, conditioned on the approval being the certification of the plat documents by Andrew P. Mack (Building Official /City Engineer). E. Approve the purchase of (9) in -car cameras, (9) upgrades from 4GB flash cards to 8GB flash cards, (18) 8GB flash cards, and ignition power -up options in the amount of $40,432 from Digital AIIy, Inc. in Overland Park, KS as a sole source purchase. F. PROPOSED RESOLUTION NO. R13 -062 - Approve the request of Knollwood HOA for traffic enforcement in their development. Commissioner Casello had pulled this item to disclose he had brought the item forward as President of the Knollwood Homeowners Association and a resident. He had filled out an application for the Police Department to provide traffic enforcement within the private community Commissioner Merker moved to approve Resolution No. 013 -062. Commissioner Fitzpatrick seconded the motion. 8 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 Motion Commissioner Casello moved to approve. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously Motion Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS 9 July 16, 2013 G. Accept the written report to the Commission for purchases over $10,000 for the month of June 2013. H. Approve the minutes from the Regular City Commission meeting held on July 2, 2013 A. Award Bid No. 050- 2821- 13 /JMA for "The Supply and Installation of Water Service Connections and Restoration for a Two Year Term" to Line -Tec of Delray Beach, FL, as the lowest, most responsive, responsible bidder; with an estimated expenditure of approximately $850,000 over the next two years. Purchases will occur on an "As Needed Basis" B PROPOSED RESOLUTION NO. R13 -063 - Approve an agreement with CH2M Hill of Fort Lauderdale, FL for "HYDROGEOLOGICAL CONSULTING SERVICES" as a result of RFQ #029- 2821- 13 /DJL as specified by Florida State Statute 287.055, Consultants' Competitive Negotiations Act. This agreement will be handled on a task order basis. Commissioner Casello moved to approve Resolution No. R13 -063. Commissioner Merker seconded the motion. Meeting Minutes Regular City Commission Boynton Beach, FL July 16, 2013 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 the Art in Public Places Annual Presentation - Program Overview for FY 2012/2013. Debby -Coles Dobay, Public Art Administrator, showed a video presentation on the Art in Public Places program for the past year. She extended an invitation to everyone to attend the EcoWalk opening on July 31st from 8 a.m. to 9 a.m. B. PROPOSED RESOLUTION NO. R13 -064 - Approve to Adopt a Flood Mitigation Plan Carisse LeJeune, Assistant City Manager, indicated a collaborative task force has worked for several years on the Plan that included business owners, stakeholders and City staff. Earl King, a consultant from CRS Max Consulting, was present and was the facilitator for the process. A federal grant had been utilized to cover the expense. Mr. King reviewed a slide presentation that outlined the process that had been taken, culminating in twice a month meetings from February 2012 to writing the final report and now presentation of the Plan. There was an action plan initially and then a cost - benefit analysis. A grant paid for 75% of the project, while the City paid $8,559 with much of it being in -kind services. The total expense was $34,238. The benefits include enhanced flood mitigation for the community, potential FEMA grant funding and improved CRS classification. The action plan developed a way for the City to experience Tess loss from floods and more security in the face of flooding. By including some of the projects in the local mitigation strategy, the community will be able to receive grants from the federal government from FEMA and it has already been utilized for a project in the amount of $1.3 million that is waiting for approval. Another benefit is reduced flood insurance premiums The CRS (Community Rating System) for the City of Boynton Beach is a Class 7 resulting in premium reductions. The total annual savings is $440,000 a year to all businesses and residents that have 10 Meeting Minutes Regular City Commission Boynton Beach, FL flood insurance. It is anticipated the Plan will result in the classification changing to a Class 6 and increase the annual benefit to over $600,000. An increase in the points for the Flood Plan Management category increased from 0 to 253 points. The score is the second highest in Florida and among the top 20 scores in the United States. The passing of the Bigger Waters Act has put the National Flood Insurance Program on a more solid financial footing for the next five years. It will eliminate some subsidies and may raise rates for some classes. The City's strong participation in the CRS will result in the residents and businesses seeing less of an impact. Commissioner Fitzpatrick commented he appreciated staff pushing the plan forward. Motion Commissioner Merker moved to adopt the Flood Mitigation Plan. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 11 July 16, 2013 C. Approve measures implementing the City's local hearing process for Red Light Camera citations as required by Florida Law. PROPOSED RESOLUTION NO. R13 -065 - Approve the establishment of the City of Boynton Beach's municipal costs of $85 per in addition to amounts owed under the Notice of Violation for red light camera violations. Tim Howard, Director of Finance, recalled the Commission had decided to continue the red light camera program. This step involves imposing a local administrative fine to be charged under the Florida Statute to recover the cost of holding the local hearings. The amount will be reviewed in six months to be sure it is sufficient. There will be additional requests to approve an agreement with the Special Magistrate and amending the contract with ATS, the camera vendor. A red Tight camera clerk has to be designated by the City Manager. Commissioner Merker understood the municipal costs could not exceed $250 and he contended the $85 assessment should be higher. Commissioner Casello commented the six -month review would address the issue. Vice Mayor Hay agreed $85 was a starting point and the six -month review would reveal more facts Meeting Minutes Regular City Commission Boynton Beach, FL Motion July 16, 2013 Commissioner Casello moved to accept the Resolution. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL None 14. FUTURE AGENDA ITEMS A Police Management Study - August 6, 2103 B. Educational presentation by the Lake Worth Drainage District regarding local flood preparation and mitigation. August (TBD) 2013. C. Announcement of First Budget Hearing to Adopt Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6:30 p.m. in the City Hall Chambers. D. Announcement of Second Budget Hearing to Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers. E. Announcement of Special City Commission Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 12 Meeting Minutes Regular City Commission Boynton Beach, FL All those present recited the Brand Promise Statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Vice Mayor Hay properly adjourned the meeting at 7:44 p.m. ATTEST: t M. Prainito, MMC Clerk Judith A. Pyle, C Deputy City CI CITY OF BOYNTON BEACH Casello, Commissioner July 16, 2013 aylor M yor Woodrow L. Hay, Me David er, Commissio - hk Ora, A chael Mf itzpa:r , Com ° ssioner 13 yor