Minutes 11-19-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY,
NOVEMBER 19, 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
Joe Casello, Commissioner
ABSENT:
Michael M Fitzpatrick, Commissioner
1. OPENINGS
A. CaII to order - Mayor Jerry Taylor
B Invocation by St. Joseph's Episcopal Church
C Pledge of Allegiance to the Flag led by Vice Mayor Hay
Father William Stomski was present with Campbell Little, a 7 grade student, from St.
Joseph's Episcopal Church who gave the invocation. Vice Mayor Hay led the Pledge of
Allegiance to the Flag Mayor Taylor thanked Master Little for giving the invocation
A roll call established a quorum was present
D Brand Promise Statement
2. Adoption
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Lori LaVerriere, City Manager
James Cherof, City Attorney
Janet M. Prainito, City Clerk
The Brand Promise Statement was read as follows "It is time to take a look at Boynton
Beach, a creative haven embracing artists, writers, entrepreneurs and dreamers."
E Agenda Approval.
1 Additions, Deletions, Corrections
Commissioner Merker requested the next agenda include an item relating to
appointments being made after an election. There was agreement to add the item to
the next agenda.
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Motion
It was also the 150 anniversary of the Gettysburg Address.
Commissioner Merker wished Craig Clark, Library Director, Happy Birthday
None
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November 19, 2013
Vice Mayor Hay moved to approve the agenda as presented. Commissioner Merker
seconded the motion.
Vote
The motion passed unanimously
2. OTHER
A Informational Items by Members of the City Commission
Vice Mayor Hay had an interesting two weeks having had discussions with the
businesses and Chamber of Commerce who would be assisting the Wildcats league. It
was hoped a basketball competition could be organized between the Police Department
and members of the community to raise funds for the 350 participants.
Commissioner Merker commemorated the 50 anniversary of the assassination of
President John Fitzgerald Kennedy, a horrific historical event. History is a learning
experience to move forward united Commissioner Merker was honored to be a
Commissioner and promised to be honest and direct with all the people of Boynton
Beach.
Commissioner Casello related the Commission had attended the annual legislative
luncheon at Bethesda, Chamber of Commerce luncheon and the plantings at "Pete's"
Pond with some children who attended St. Mark School. Commissioner Casello had
volunteered with the Chamber of Commerce Harvest Hoedown at the Intracoastal.
Mayor Taylor agreed they were all great events. He announced the 5K Barrier Free
Run/Walk would include teams competing for trophies. A challenge was given to the
Commission to be a team and compete.
Mayor Taylor shared some thoughts on reasons to be thankful during the holidays. He
wished everyone a Happy and Healthy Thanksgiving.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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REGULAR CITY COMMISSION
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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)
Mack McCray, 806 NW 4 Street, was elated that the current Commission was fulfilling
the original intent to build a new police station on High Ridge Road. He thanked the
Commission for their support.
Lori Wilkinson, 2458 SW Cranbrook Drive, representing the Greater Boynton
Foundation, announced the 5K Run/Walk on February 8 2014 for the benefit of the
Barrier Free Park. She had heard there may be some inter - department challenges.
The City was getting involved and she hoped the community would be involved also. It
is the 2 annual race. There is a $30 registration fee if submitted before February 1St
There will be a wheelchair division and kids division. The race begins at 7:30 a.m. with
the monies to support the Barrier Free Park on Congress Avenue.
Mayor Taylor added the event was open to anyone and other communities could bring a
team. Commissioner Casello advised he was negotiating with the Boynton Beach Fire-
fighters to enter a team that he would sponsor
No one else coming forward, Mayor Taylor closed public audience.
5. ADMINISTRATIVE
November 19, 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. 2 regulars and 2 alternates
Code Compliance Board: 2 alternates
Community Relations Board 3 regulars and 1 alternate
Education & Youth Advisory Board. 1 alternate
Financial Advisory Committee: 2 regulars and 2 alternates
Library Board: 2 alternates
Recreation and Parks Board: 2 alternate
Planning and Development Board: 1 regular and 2 alternates
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
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November 19, 2013
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 -127 - Approve interlocal agreement
between the City of Boynton Beach and Palm Beach County for Countywide
Contractor Enrollment.
B. Approve the payment of $47,600 to ESRI, Inc. for annual ESRI software
maintenance for the City's GIS system. This software maintenance is through
the software vendor and does not lend itself to follow the City's competitive
purchase guidelines, therefore the recommendation is to authorize this as a
direct payment to the vendor as a sole source
C. Approve the minutes from the Regular City Commission meeting held on
November 5, 2013
D. PROPOSED RESOLUTION NO. R13 -128 - Accept the Florida Department of
State, Division of Historical Resources grant award in the amount of $28,552
and authorize the City Manager to execute agreements and documents
associated with the Historic Preservation grant on behalf of the City of Boynton
Beach
E. Approve the list of top ranked qualifiers as determined by the Evaluation
Committee from the submissions received in response to the Request for
Qualifications for Police Facility Design Services; RFQ No. 077 - 2110- 13 /JMA;
and authorize City Staff to conduct negotiations for compensation with the
recommended qualifiers according to Florida State Statute 287.55, Consultants'
Competitive Negotiation Act (CCNA)
F. Accept the written report to the Commission for purchases over $10,000 for the
month of October 2013.
7. BIDS AND PURCHASES OVER $100,000
None
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
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Attorney Cherof read Proposed Ordinance No 13 -033 by title only on first reading.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -033 on first reading.
Commissioner Merker seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4 -0.
Attorney Cherof read Proposed Ordinance No. 13 -034 by title only on first reading
Motion
November 19, 2013
The City Commission will conduct these public hearings in its dual capacity
as Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 13 -033 - FIRST READING - Approve
amendments to the Land Development Regulations Chapter 2, Articles I and II
establishing the necessary process to consider and act upon appeals for
reasonable accommodations in rules, policies, practices or services to afford
eligible individuals the equal opportunity to use and enjoy housing as required
by the Americans with Disabilities Act (ADA) and /or the Fair Housing Act
(FHA) City - initiated
B. PROPOSED ORDINANCE NO. 13 -034 - FIRST READING - Approve
extension of the suspension of the application and enforcement of the
Workforce Housing Program for a period of one year.
Vice Mayor Hay moved to approve Proposed Ordinance No. 13 -034 on first reading.
Commissioner Casello seconded the motion
Vote
City Clerk Prainito called the roll. The vote was 4 -0.
10. CITY MANAGER'S REPORT
None
11. UNFINISHED BUSINESS
None
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12. NEW BUSINESS
None
13. LEGAL
Attorney Cherof read Proposed Ordinance No. 13 -029 by title only on second reading.
Motion
November 19, 2013
Motion
A. PROPOSED ORDINANCE NO. 13 -029 - SECOND READING - PUBLIC
HEARING - Amending the Land Development Regulations updating the Zoning
Use Matrix to include Showroom/Warehouses as a new principal use and
provide definition and regulations. Applicant: City- initiated
Vice Mayor Hay moved to approve Ordinance No. 13 -029 on second reading
Commissioner Casello seconded the motion.
Mayor Taylor opened the issue for public hearing. No one came forward.
Vote
City Clerk Prainito called the roll. The vote was 4 -0
B. PROPOSED ORDINANCE NO. 13 -032 - SECOND READING - PUBLIC
HEARING - Approve changes to Chapter 26 - Article IV and V— of the City's
Code of Ordinances pursuant to Chapter 62 -555 of the Florida Administrative
Code (FAC) and the Florida Plumbing Code. These codes regulate Backflow
Prevention and, Oil and Grease Management programs; the revision will be
effective December 1, 2013
Attorney Cherof read Proposed Ordinance No 13 -032 by title only on second reading.
Vice Mayor Hay moved to approve Ordinance No. 13 -032 on second reading.
Commissioner Merker seconded the motion
Mayor Taylor opened the issue for public hearing. No one came forward.
Vote
City Clerk Prainito called the roll. The vote was 4 -0.
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REGULAR CITY COMMISSION
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Attorney Cherof read Proposed Ordinance No 13 -035 by title only on first reading.
Motion
Vote
City Clerk Prainito called the roll. The vote was 4 -0
14. FUTURE AGENDA ITEMS
A. Review and Approval of the City of Boynton Beach 2014 Legislative Agenda -
12/03/13
B. Adoption of City of Boynton Beach Strategic Plan - 12/03/13
C. Discuss the collection of deceased animals from roadways. 12/3/13
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
Those present recited the Brand Promise Statement.
C. PROPOSED ORDINANCE NO. 13 -035 - FIRST READING - Approve
amending the General Employees Pension Plan to amend SECTION 18 -55 the
definition of Annual Earnings to exclude elements of pay in accordance with
amendments to §112.66(11), Florida Statutes; Amending Section 18 -117
Termination of Services prior to eligibility for retirement to clarify payment start
date, Amending start date; Amending Section 18 -120 Member Records; Status
Statements, Beneficiary Designation to expand classes of individuals to whom
payments may be made at death in the absence of a designated beneficiary; in
the absence of a designated beneficiary; Amending Section 18 -127 to
incorporate provisions of Florida Statutes §112.66(11) and to clarify that DROP
members must terminate employment at the end of the DROP term.
November 19, 2013
Vice Mayor Hay moved to approve Ordinance No. 13 -035 on first reading.
Commissioner Casello seconded the motion
Commissioner Merker requested the City Attorney simplify the extensive heading.
Attorney Cherof advised the State legislature periodically implements State -wide
changes for local and state pension plans. The proposed amendments were created to
conform the local pension plans to the state requirements. Some of the provisions deal
with definitions and eligibility for benefits and clarifications
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REGULAR CITY COMMISSION
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16. ADJOURNMENT
There being nothing further to come before the Commission, Mayor Taylor properly
adjourned the meeting at 6:54 p.m.
ATTEST
V11 PtLaAA4z,
et M Prainito, MMC
Clerk
dith A. Pyle, CM
eputy City Clerk
CITY OF BOYNTON BEACH
J vry Tayl
f
Woodrow L -.y, Vice Mayor
David T Mer
o Casello, Commissioner
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November 19, 2013
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