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Minutes 03-18-14MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 18, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 E. 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 C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Mayor Taylor called the meeting to order at 6:30 p.m. Vice Mayor Hay offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick. D. Brand Promise Statement Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk The Brand Promise Statement was recited as follows: "It is time to take a look at Boynton Beach, where the nearby gulfstream brings cooling summer breezes and warm winter sunshine." Certification of Election Results Swearing in of Commissioner District II Swearing in of Commissioner District IV Presentation of Plaque to Woodrow L. Hay, Vice Mayor Presentation of Plaque to Joe Casello, Commissioner District IV Selection of Vice Mayor Swearing in of Vice Mayor Presentation of Plaque to Woodrow L. Hay, Vice Mayor 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2 MARCH 18, 2014 Mayor Taylor presented a plaque to Vice Mayor Woodrow L. Hay for his commitment, dedication and energy to help the City of Boynton Beach grow and prosper. He has served as Mayor, Vice Mayor and Commissioner of District II. A bouquet of flowers was presented to Mrs. Hay for her support of her husband and his endeavors. Mrs. Hay thanked those present for attending the meeting and supporting her husband. She thanked the Commission, City Manager, City Clerk and Deputy City Clerk for working with her husband to make him an even better public figure and she thanked all the staff for their willingness to assist him when needed. Vice Mayor Hay advised he would treasure the plaque and believed his destiny was to serve the City of Boynton Beach at this time. He felt it had been a fantastic journey and thanked the staff for their patience and willingness to turn the City around. It was a team effort and staff went beyond the call the duty. It was his honor and pleasure to serve the residents and staff as a Commissioner, Vice Mayor and Mayor. He would continue to serve the City of Boynton Beach by working with the Chamber of Commerce and hoped to be back in the political arena serving the citizens and City he loved. Commissioner Merker commented Woodrow Hay worked for the benefit of all mankind. Working with him had been enjoyable, enlightening and thought provoking. He hoped to see him again in the future. Commissioner Casello remarked Woodrow Hay stood for God, family and community. He was a steady hand and stabilized the City during a time of turmoil. He was proud to call him a colleague, co- worker and a friend. Commissioner Fitzpatrick had met Woodrow Hay while serving on the Planning and Development Board together. He was a good man then and remains so now, a real trendsetter and ever present as a leader and friend. Presentation of Plaque to Commissioner Joe Casello Mayor Taylor presented a plaque to Commissioner Joe Casello for his service over the last year serving District IV and the entire City. Commissioner Casello thanked his friend Adam Turey for his encouragement during the campaigning. He also thanked his wife and daughter who have believed in him throughout the year and the campaigns. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Certification of election results MARCH 18, 2014 James Cherof, City Attorney, announced the election results. The certified results reflected Boynton Beach District II Commissioner garnered 571 votes, prevailing by a 71.29% margin. Boynton Beach District IV Commissioner received 306 votes with a 78.66% margin of victory. Motion Vice Mayor Hay moved to accept the Certification of Results. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Swearing in of Commissioner District II — Mack McCray City Clerk Prainito administered the oath of office to Mack McCray as Commissioner of District II. Commissioner McCray commented it was an honor to be elected and he was very appreciative. He realized he had to work harder to gain the support of those who had voted for his opponent. He noted six years ago he had passed the torch to then Commissioner Woodrow L. Hay and it was now being passed back. He knew he could not fill the shoes being vacated, but he could stand on his shoulders to lift Boynton Beach higher. Working together peacefully with the staff was his plan for the next three years to continue to move the City of Boynton forward. It was a pleasure to again serve the entire City and he asked for prayers to guide the City on its way. Swearing in of Commissioner District IV — Joe Casello City Clerk Prainito administered the oath of office to Joe Casello as Commissioner of District IV. Commissioner Casello felt getting 79% of the votes spoke volumes for the body of work over the past year. There is more work to be done over the next three years. He reiterated his daughter and wife were his rock and foundation who believed in all that is good. He thanked those who voted for him and emphasized he would work for the entire City. The residents have to believe in the Commission as much as the Commission believes in the residents of Boynton Beach and will continue to make the City great. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Selection of Vice Mayor Mayor Taylor opened the floor for nominations. MARCH 18, 2014 Motion Commissioner McCray nominated Joe Casello to be Vice Mayor, based on his observations from the audience over the past year. Commissioner Fitzpatrick seconded the motion. No other nominations were made. Vote The motion passed unanimously. City Clerk Prainito administered the Vice Mayor oath of office to Commissioner Joe Casello. Swearing in of Vice Mayor Vice Mayor Casello noted the bar had been set high and he hoped he would make his predecessor proud. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Merker requested to table Items 13 A and 13 B because there is a law suit pending and the Treasure Coast Regional Planning Council report outstanding. Mayor Taylor interjected there was no need for discussion at this point. Attorney Cherof confirmed there was no discussion on a motion to table. Commissioner Merker contended he was explaining his rationale, reason and thoughts. Attorney Cherof advised, other than a brief introduction, which was made, it is a motion to table and if seconded, no discussion involved. Motion Commissioner Merker requested a second to his motion to table Items 13, A and B. Vote The motion died for lack of a second. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 Commissioner McCray asked to pull Item 6 C for discussion. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Fitzpatrick indicated he had gone to the Literacy Coalition luncheon and the Historical Society meeting. Vice Mayor Casello had gone to the Community Caring Center (CCC) Hunger Walk along with Commissioner Fitzpatrick. He also commended Sherry Johnson of the CCC and her staff for helping those in need. He announced there was a "Safety First" Fair at the Carolyn Sims Center on Saturday and urged others to attend. Vice Mayor Casello commended Tim Howard, Finance Director, for maintaining the AAA bond rating for the City of Boynton Beach. The Moody report indicates the City is moving in the right direction financially. Commissioner Merker remarked he had been interviewed regarding drug and alcohol testing for elected officials and he supported the pending legislation. He asked that a discussion of the matter be placed on the agenda for the next meeting. Mayor Taylor reported he had gone to the East Boynton Little League opening day, as did Commissioner Fitzpatrick. He and the City Manager had spent three days in Tallahassee at Palm Beach County Days. It was productive having met with three Senators, five Representatives and a high official in the Florida Law Enforcement Agency. Some of the issues addressed were Sober Homes, Quiet Zones, Police Station monies, Pension reform, Community Service Tax and many other topics. The legislators were impressed the City of Boynton Beach attended because only two municipalities had representation present. There was discussion with each and every contact made relating to the need for a new Police facility and possible funding sources from the State or Federal governmental entities. On the State level, Sheriff Bradshaw sits on a Board involving immigration issues and more facilities are needed in the north end of South Florida. A combined 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 6 MARCH 18, 2014 State and City facility was mentioned. The Federal government is interested in facilities to deal with the growing problem of human trafficking. Mayor Taylor had gone to the Literacy Coalition luncheon, Kiwanis luncheon to raise money for scholarships and interviewed with Florida Atlantic students for a class project. He had attended a fundraiser for Dimensional Harmony Choir to compete in New York City. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of the "Mayor's Award" to representatives of the Barrier Free 5K RunANalk winning team. The Mayor will also present a plaque to representatives of the Realtors Association of the Palm Beaches (RAPB) to express the City's appreciation of their continued support of Barrier Free Park. Additionally, the RAPB will present a check representing the proceeds generated from this year's Barrier Free 5K to the Greater Boynton Beach Foundation. Wally Majors, Director of Recreation and Parks, explained the Realtors Association of the Palm Beaches had again chosen the Barrier Free Park as their benefactor. They organized this second annual walk. A short video was viewed and Mr. Majors thanked the Commission for their continued support. Pamela Banks, representing the Realtors Association of the Palm Beaches and Chair of the 2014 Barrier Free 5K Walk introduced, Danielle Belton and Robert Garrison. The Association had worked with the Greater Boynton Beach Foundation, Hunters Run and the City of Boynton Beach to promote wellness. The event was held February 8 with 250 runners and walkers including many of the Commissioners. Teams were added and Clifford the Big Red Dog helped with the ceremony. Another short video was viewed relating to the Park and the Run. A check for $5,000 was presented to Mr. Garrison, on behalf of the Greater Boynton Foundation to continue the dream of a park for all children and adults with any disability. A special gift was given to Mr. Majors for his effort, passion and dedication that made the event possible. The Mayor's Trophy was presented to Everett Tennis Academy by Mayor Taylor as the fastest team. The lead coach and a team member were present to accept the trophy. Mayor Taylor thanked them for the entire team's effort. He also thanked the Realtors Association of the Palm Beaches for their help and Mr. Majors presented them with a plaque in appreciation for their hard work and participation. Ms. Banks announced there would be another race held next year on February 14 and she hoped everyone would bring their sweetheart and share the love. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 7 MARCH 18, 2014 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) Mike Campbell, 181 SE 5 Avenue, Delray Beach, Habitat for Humanity, introduced the home owners of Ocean Breeze West who were present. Eight more lots would be completed in the next four months. Their concern was the rash of break ins in the neighborhood and cars. He had met with the City Manager and Chief of Police to discuss possible resolutions to create a safer environment. Commissioner McCray inquired whether sufficient street lighting had been installed. Mr. Campbell explained not all the lights could be erected due to the construction. They would be operational soon. The Police were invited to walk around the homes to suggest any additional lighting. A Police presence in the late evenings would also be beneficial. Sonny Garcia, 1631 NW 3 Lane, thanked former Vice Mayor Hay and his wife for their assistance and congratulated Vice Mayor Casello and Commissioner McCray on their recent victories. Steve Anton, 234 SE 2nd Avenue, wanted to be sure the Commission sought the advice and counsel of all stakeholders before making decisions. If there is any deviation from the recommendations, there should be significant reasons. Woodrow Hay, 427 NW 5 Avenue, recognized his wife of 48 years for her support and commitment through the challenges of life. His goal was to be of service to others and he urged the Commission to respect each other and mediate their differences through the proper channels. It is important to stay focused and stay on track. Dr. Piotr Blass, 113, West Tara Lakes Drive, fully agreed Boynton Beach was a great City. He reported the University of Boynton now has 40 students and a very important research project and there was a plan to bring solar power to the City using the energy of the gulfstream. The City needs to become a university town. He contended space should be designated for education of some level. Further, Dr. Blass suggested a Rabbi should be allowed to give the invocation on occasion. No one else coming forward to discuss items not on the agenda, Mayor Taylor closed Public Audience. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 5. ADMINISTRATIVE 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: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates There were no applicants for appointment. 6. CONSENT AGENDA 8 MARCH 18, 2014 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 2013 -14 Budget Status Report of the General Fund & Utility Fund for the four (4) month period ended January 31, 2014. B. PROPOSED RESOLUTION NO. R14 -023 - Approving a Tri -Party Agreement replacing the trustee for the City of Boynton Beach, Florida Revenue Bonds (Charter School of Boynton Beach) Series 2012 C. Approve a $5,000 donation to Boy Scouts America, Gulf Stream Council Commissioner McCray had requested an outline on the forfeiture funds dispersed to various agencies within the City. There have been accolades for Boynton Beach High School's "A" rating and the Dimensional Harmony Choir and their competitions. Santaluces High School is also going to Carnegie Hall and he pointed out students from Boynton Beach attend that school also. Commissioner McCray felt the City was not providing enough financial support of the efforts of the students at both schools. There were no funds given to the football players at Hester Center even though they too represent the City. There is an application process and the individual groups need to be made aware of the process to request funding from the forfeiture monies. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 Chief Katz, congratulated the new Commissioners. He expressed the foremost priority for the Police Department is youth outreach to invest in the future and ethically respond to the needs of the youth. The requested donation is one of many programs within the Police Department. Cash has not been provided to the Boynton Beach Wildcats, but many personnel hours have been utilized to support the events. Chief Katz was working with the High School, Habitat for Humanity and other organizations to create a program called, "Play it Forward" to provide support for athletic programs at the High School in return for volunteer hours at local charities. There would be future requests for use of forfeiture monies for the new program. The strategic goal within the Police Department is to positively affect the lives of 2,000 community youth. Chief Katz had not included Santaluces High School, but he would act upon the direction in the future, since Boynton Beach students are bused to that school. Commissioner McCray suggested the St. John Missionary Church investigate the return of scouting activities. He did support the current request. Motion Commissioner McCray moved that Item 6.0 be approved. Commissioner Merker seconded the motion. Mayor Taylor indicated he would not support the donation of $5,000 to the Boy Scouts because the management of the Boy Scouts of America had changed and he was not in concurrence with the present management procedures. Although he had supported the program in the past, he could no longer support the Boy Scouts of America. Commissioner Merker asked for more information and Mayor Taylor responded he was not in concurrence with the Boy Scout leadership. Commissioner Merker did not feel the clarification was sufficient. Commissioner Fitzpatrick agreed with Commissioner McCray there should be more guidelines for donations. The issue should be reviewed during the budget workshops and a criteria established with funding levels. He supported the request and indicated City staff involvement should be required. The status quo could continue until the budget hearings. Commissioner Merker asked Chief Katz for his reasoning for the request on behalf of the Boy Scouts of America. Chief Katz indicated it was a long standing practice and he supported the program because the Boy Scout program influenced his life, having participated in a police cadet program. It helped breed a sense of civic mindedness and personal responsibility. There has been a long partnership with the Boy Scouts through 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL the Explore Program. There are 69 community and interested in a career in up to the age of 21. It is a robust progra Commissioner McCray explained he wanted to discuss the matter to be sure everyone was treated fairly. Chief Katz assured the Commission as long as drug dealer money is confiscated, it would be distributed to the youth of the community. Commissioner Fitzpatrick recalled how the membership criteria for the Boy Scouts had changed over the years. The organization is now behind the times and not living up to their best by not allowing gays into the program currently. Vote MARCH 18, 2014 Police Explorers who are members of the law enforcement, between the ages of 14 and m. The motion passed 4 -1 (Mayor Taylor dissenting). D. Approve payment of $59,360 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. E. Approve piggyback of the City of Melbourne, Florida Contract No. 10- 118 -0- 2009 with lnsituform Technologies, Inc. to line approximately 5,000 linear feet of sewer mains and 23 service reconnections at various locations within the Utilities Department's service area. The estimated expenditure is $52,137.14. F. Approve the one -year extension for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for March 18, 2013 - "Request for Extensions and/ Piggybacks ". G. Accept the written report to the Commission for purchases over $10,000 for the month of February 2014. H. 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 Consultant Services to Modify the Greenway and Bikeway Master Plan; RFQ No. 023 - 2730- 14 /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). I. PROPOSED RESOLUTION NO. R14 -024 - Authorize the City Manager to enter into a contract between Digital Caddies, Inc. and the City of Boynton Beach Golf Course for the use of 85 GPS tablets to be installed on our new Yamaha golf carts. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 J. Approve the minutes from the Regular City Commission meeting held on March 4, 2014 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R14 -025 - Approve an agreement with Architects Design Group /ADG of Winter Park, FL for "POLICE FACILITY DESIGN SERVICES" as a result of RFQ #077 - 2110- 13 /JMA to be handled on a task order basis. Approve Task Order #1 in the amount of $94,060 for existing site evaluation and detailed spatial needs assessment and authorize the City Manager to sign. Motion Commissioner Fitzpatrick moved to approve the request. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlements in case of Brooke Bosler v. City of Boynton Beach. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 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. Approve request for new site plan approval to construct a one -story, 6,200 square foot retail /office building and related site improvements, located at 3008 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 12 MARCH 18, 2014 South Congress Avenue, and zoned M -1 (Industrial). Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Bradley Miller, Miller Land Planning Consultants, 508 E. Boynton Beach Boulevard, was present representing the owner of the property. The applicants were in agreement with the staff report and complying with the rules and regulations of the Land Development Regulations. It is a site plan for a one -acre, vacant lot in a M -1 zoning district. The proposed uses are permitted subject to site plan approval. The property was located along Congress Avenue, north of 30 Avenue. The Mega Mini Self- storage facility on the east has been purchased by the applicant. Over $1 million had been spent to renovate the storage facility. The intent was to have identity on Congress Avenue for the leasing office and other permitted uses. The proposed building is 6,200 square feet and includes the leasing office for the self - storage facility. The rest is vacant space to be leased to additional users. It is close to Congress Avenue with landscaping around it. On the north side there is heavy landscaping on both sides of a six -foot concrete wall. There are 31 parking spaces, a loading area and dumpster area. The plans would remove the access off of Congress Avenue and extend into the self- storage facility which will provide better access than SW 30th. It will not accommodate large semi - tractor trailers, so the access from SW 30 will remain. There is a connection to the existing self- storage facilities. The building height is 25 feet and varies slightly with the design. The signage is consistent with the colors on the building. Attorney Cherof asked, on behalf of the Commission, if the applicant agreed with the 14 conditions of approval. Mr. Miller confirmed there was agreement with the staff report and the conditions of approval. Commissioner Fitzpatrick inquired about the southbound access. Mr. Miller described there would not be a median break on Congress Avenue. A U -turn would be required to approach going northbound. Commissioner McCray wanted assurance that letters were sent to the neighboring residents and if any responses were received. Ed Breese, Principal Planner, responded letters were sent out and a pair of residents reviewed the plans and were satisfied it was a better use than other M -1 approved uses. Mr. Miller added the applicant had sent their own letters to the property owners immediately adjacent to the canal and no response was received. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 Commissioner Fitzpatrick inquired if the entrance on SW 30 Avenue would normally be locked with the brunt of the traffic coming through the new site. Mr. Miller replied a percentage would be difficult to determine, but both entrances would be available. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor indicated he resided north of the proposed site in Golfview Harbour and he had no objection to the development. Motion Commissioner McCray moved to approve the site plan. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consider funding request for Sister Cities Committee in the amount of $967.00 for: 1) annual dues to the Sister Cities International ($680); 2) annual dues to the state association ($25); 3) State filing fee ($62); and the Boynton Beach Chamber of Commerce membership dues ($200). Motion Commissioner McCray moved to approve the request. Commissioner Fitzpatrick seconded the motion. Commissioner McCray had been assured the funds requested had been budgeted and he would support the request. Commissioner Merker was concerned a precedent was being set for other organizations. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 Commissioner Fitzpatrick noted the Sister Cities program had been ongoing for many years and is an official, approved function of the Commission and should be funded to some degree. He was the official representative on the Committee. At the budget hearings $2,000 was discussed with no objection. Commissioner Fitzpatrick did not feel it was a precedent since the program had been in place for several years. Vice Mayor Casello pointed out the City has two Sister Cities; one in China and one in Haiti. On March 28 between 6 p.m. and 7 p.m., the Young Artists and Young Authors from the two Sister Cities would be displaying some of their work at the Boynton Beach Mall. Attorney Cherof did not see any legal issue with the funding requested. It is an annual discussion during the budget process and can be reviewed each year so no precedent would be set. The Commission appropriated a finite amount of money and any applications are administratively reviewed by the City Manager and then approved by the Commission. Attorney Cherof was not concerned that any legal precedent was being set. Commissioner McCray stressed it is the Sister Cities Committee. He had represented the City on a trip to Qufu, China. The request is not a precedent. The City sponsors the program and there is a partnership between the City and the Committee. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 14 -002 - SECOND READING - PUBLIC HEARING - Approve Ordinance rescinding Ordinance 13 -014 which changed the land use designation for a parcel of land located at 125 East Ocean Avenue from Public and Private Governmental /Institutional (PPGI) to Mixed Use (MX); restoring Public and Private Governmental /Institutional (PPGI) land use to the property. Attorney Cherof read Proposed Ordinance No. 14 -002 by title only on second reading. Motion Commissioner Fitzpatrick moved to approve. Mayor Taylor passed the gavel and seconded the motion. Commissioner McCray understood only the Land Use designation was being changed. It was not a decision on the future of the building. Mayor Taylor added the change would revert to the original use. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 Vice Mayor Casello indicated some members of the Commission had voted for the current designation. He saw no need to change at this time. There were workshops planned and a potential developer may want the designation. The change could be made at any time. He supported the status quo at this point. Commissioner Merker agreed with Vice Mayor Casello. If there was a developer interested in the property he could understand the need for change at this point. There is a lawsuit pending on the property and the study done by the Treasure Coast Regional Planning Council has not been presented. The request is premature. He recommended the current designation remain. Changing the designation back and forth appeared unprofessional. Charles Gaulkins, 8 Colonial Club Drive, agreed with the comments made. He did not want to destroy the building. The proposed changes are pointed in the direction of demolition. The City's own policy on Historic Preservation supports preservation to provide an identity for the City, create a source of civic pride, stabilize aging neighborhoods and create new, exciting neighborhoods. Attorney Cherof interrupted that the current agenda item is not the historic designation. Mr. Gaulkins reiterated these were his reasons for opposing the change in designation for historic properties. Mayor Taylor directed the historic value could be argued under the next agenda item. Woodrow Hay, 427 NW 5 Avenue, was concerned with the perception that the Commission was being wishy- washy. It would be prudent to await the results of the Treasure Coast Regional Planning Council study and decisions made on the future of the area and the resolution of the litigation. The designation could be changed later. There was no advantage to make the change at this time. A decision for demolition would not be prudent without seeing all the data. Dr. Piotr Blass, 113 West Tara Lakes Drive, agreed with Mr. Hay. The building was precious to the City and the concept of demolishing the building should be abandoned. Keeping the current designation is the best way to protect the building. Dr. Blass felt the educational purpose of the building needs to be preserved. Steve Anton, 234 SE 2nd Avenue, questioned if any decision on the two agenda items before the Commission would change the City's position on the lawsuit. Attorney Cherof requested to defer answering the question because later on the agenda is a request for a closed -door session to discuss pending litigation. Mr. Anton stressed he wanted to make sure there should be discussion on an issue that is before the Court. Attorney Cherof replied the representative form of government allows the Commission to deal with the specific issue and then communicate it to the public. It is the process 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 16 MARCH 18, 2014 Attorney Cherof recommended the Commission follow. Mr. Anton suggested tabling everything until the closed -door discussion was concluded. Attorney Cherof agreed with Mr. Anton's suggestion to table the matters and would discuss it with the Commission when public comments were completed. Susan Oyer, 511 East Ocean Avenue, 140 SE 27 Way and 516 and 512 N. Seacrest Boulevard, contended history taught the City could not go forward, if the past was not maintained. She argued the public supported saving the building. Commissioner Merker agreed learning from the past was important and agreed with former Vice Mayor Hay's previous comments to not rush to decide the matter. The lawsuit has made the issue stagnate and input from the Treasure Coast Regional Planning Council remains outstanding. Mayor Taylor commented the issue before the Commission is restoring the property to the public and private use. The use was changed to meet the needs of a developer. The developer is gone like the four developers before him. The funds are not available to redo the building and the City will not have the monies any time in the foreseeable future. The community has greater needs for the $8 million it would cost to renovate the building. The building has been discussed for over four years. It is a health and safety hazard to the City. It is loaded with asbestos and hazmat suits are required for entry inside. The roof is leaking and falling in. The building is disintegrating by itself and could damage the Children's Museum, the new Library, Civic Center and even City Hall, if a hurricane hit the area. Everyone wants to save the building, but no one can justify the expense. The Children's Museum cost the City $200,000 a year to subsidize its continuation. The Woman's Club is the most historic building in the City, yet no one wants to save it. It is also in disrepair and deserves to be restored and saved. Mayor Taylor pointed out the litigation would have no effect on changing the land use or historic designation. It can be delayed further, but the building will fall apart on its own. Commissioner Fitzpatrick's perception was it is a neutral vote. The original vote was for a specific project and that developer lost the support of the Commission. It is now being returned to the Land Use designation as it was in the beginning of January. It has nothing to do with a vote to demolish the building. The present requests would make the entire area a Public Use designation. Mayor Taylor added $58,000 was spent for the Treasure Coast Regional Planning Council to plan the area. It would be beneficial if they knew what kind of designation existed before they submitted their report. They would not give the City the $8 million to MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 restore the building. The Council members do not live in Boynton Beach and even if they did suggest saving the building, there is no money or viable plan to do so. Commissioner Merker remarked the Commission was waffling on the issue. He had not changed his mind that the building should be torn down. He questioned the expense of a study by Treasure Coast Regional Planning Council if the Land Use and historic designation limits the possibilities. There are many variables that are unknown. Commissioner Merker recommended concluding the lawsuit and reviewing the study being done before a decision is made. Commissioner McCray felt the matters should be tabled until after the litigation and the study is submitted so an intelligent decision could be made. Attorney Cherof commented he had created the ordinance to change the Land Use designation and he encouraged the Commission to adopt it. Rather than denying the motion, he advised the matter should be tabled until after the closed -door session. It could then be returned to the Commission on second reading rather than first reading. Motion Commissioner McCray moved the item be tabled as advised by Attorney Cherof. Commissioner Merker seconded the motion. Vote The motion passed 4 -1 (Mayor Taylor dissenting). Commissioner Fitzpatrick asked if the item was tabled definitely or indefinitely. Commissioner McCray clarified it was tabled until after the closed -door session. B. PROPOSED ORDINANCE NO. 14 -004 - FIRST READING - Approve Ordinance rescinding Ordinance 13 -001 which established a local /city historic designation for the Old High School. Motion Vice Mayor Casello moved to table the matter. Commissioners Merker and McCray seconded the motion. Vote The motion passed 4 -1 (Mayor Taylor dissenting). C. 1) Accept report/update from City Attorney on Sober Home legislation per the request of Commissioner Casello; and 2) Adopt PROPOSED RESOLUTION 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vote MARCH 18, 2014 NO. R14 -026 - supporting legislative changes being considered by the State Legislature at this time. Vice Mayor Casello moved to approve Resolution No. Fitzpatrick seconded the motion. Commissioner McCray asked if the legislature had made c explained Bill 582 was being discussed in the Senate. 18 R14-026. hanges. Commissioner Vice Mayor Casello The motion passed unanimously. D. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney - client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract) 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari) Attorney Cherof advised the litigation is ongoing. There has not been discussion on the litigation for some time. There is a new member of the Commission who should be brought up to speed. It would take approximately 45 minutes to one hour. Mayor Taylor declared there was consensus to hold the session before the next meeting commencing at 5:30 p.m. Commissioner Fitzpatrick pointed out the member of the public had not been permitted to complete his comments on the issue of the Old High School. Mayor Taylor thought the gentlemen wanted the matter tabled and it was. Mr. Gaulkins came forward and commented on the need to protect the heritage of the City. He recognized there was a cost to do so. He suggested the building could be used for City purposes rather than spending monies for a new City Hall. The condition of the building is poor, but the $8 million would include rectifying those problems. He asserted restoration of historic buildings is a legacy that can be available for future generations. The importance of preservation cannot be measured in dollars and cents. It makes economic sense and is a socially responsible action. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL MARCH 18, 2014 A previous study indicated it was structurally sound and could easily be returned to use. Potential uses could be government offices or public meeting rooms or utilization by small and minority businesses as seed space. Mr. Gaulkins hoped the building would not be demolished and both Ordinances rejected. Mayor Taylor asked Mr. Gaulkins if he had a choice to save either the Woman's Club or Old High School, which he would save. He felt both should be saved. 14. FUTURE AGENDA ITEMS A. Discuss allowing a Commissioner to run for Mayor immediately following the Commissioner's term limit. - TBD Commissioner McCray wanted the discussion on term limits to be heard at the next meeting. Commissioner Merker had mentioned the issue of elected officials being tested for drug abuse. The City should be a front runner on the issue and support the proposed legislation. He asked it be discussed at the next meeting. Vice Mayor Casello wanted the discussion to include the potential cost to be incurred. 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 8:34 p.m. (Continued on the next page) 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: et M. Prainito, MMC ity Clerk .:'ith A. Pyle, CMC ►eputy City Clerk CITY OF BOYNTON BEACH CaseII McC ,sioner m Vice Mayor Michael M. Fitzpatric 20 sioner MARCH 18, 2014 issioner PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS: APPROVAL SOUGHT: LOCATION OF PROPERTY: DEVELOPME ORDER OF THE CITY COMMIS OF THE CI OF BOYNTON BEACH, FLORIDA 2. The Applicant HAS HAS NOT iStorage Center (NWSP 14 -001) Bradley Miller, Miller Land Planning 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2014 4. The Applicant's request is hereby ✓GRANTED subject to the conditions referenced in paragraph 3 above. DENIED OJECTS \iStorage Center \NWSP 1 S P •.doc Development P &Z Building Engineering Occ. Ueen$S Deputy City Clerk New site plan approval to construct a one -story, 6,200 square foot retail /office building and related site improvements, located at 3008 South Congress Avenue, and zoned M1 (Light Industrial). 3008 South Congress Avenue, on the east side approximately 500 feet north of SW 30 Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7 Other: DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None, previous comments addressed. FIRE Comments: None POLICE Comments: None, previous comments addressed. BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. X 2. Identify within the Site Data the finished floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the Site Data that address the following issues: A. The design professional -of- record for the project shall add the following text to the Site Data: "The proposed finish floor elevation_ _ NGVD is above the highest 100 -year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations. B. From the FIRM map, identify in the Site Data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. C. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled Site Plan, Floor Plan and Civil Plan. X EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: iStorage Center File number: NWSP 14 -001 Reference: 2 ND review plans identified as a New Site Plan with a January 14, 2014 Planning and Zoning Department date stamp marking. rage z or i DEPARTMENTS INCLUDE REJECT 3. At time of permit review, submit signed and sealed working drawings of the proposed construction. X 4. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. X 5. A water -use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. X 6. At time of permit review, submit separate surveys of each lot, parcel, or tract. X 7. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. X 8. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald — 561 - 233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561-734-0872) X PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 9. It is the applicant's responsibility to ensure that the application request is publicly advertised in accordance with Ordinance 04 -007 and Ordinance 05 -004 and an affidavit provided to the City Clerk. X 10. The construction of the proposed bridge and culvert within the drainage easement will require the recording of a hold harmless and maintenance agreement, approved by the City Attorney, in the County records prior to the work commencing. X iStorage Center (NWSP 14 -001) Conditions of Approval DEPARTMENTS INCLUDE REJECT 11. Signage depicted on the building facades are for reference only. Compliance with Sign Program and Sign Code regulations will be determined at time of permitting. X 12. The light bar proposed to be placed underneath the tenant signs for external illumination shall be designed in such a manner as to obscure the light source from view from off the premises. X 13. The landscape code requires elimination of any small sod areas to reduce irrigation demand. The applicant shall eliminate the sodded area proposed along Congress Avenue and replace it with a hearty groundcover or a variety of shrub material. X 14. Please revise the site plan, landscape plan and all other appropriate plans to depict location of required public art. It is recommended you coordinate this effort with Debby Coles - Dobay, Public Arts Administrator (561- 742 - 6026). X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. iStorage Center (NWSP 14 -001) Conditions of Approval Page 3 of 3 S: \Planning \SHARED \WP \PROJECTS \iStorage Center\ NWSP 14-001 \COA post P &D.doc EXHIBIT " - SITE LOCATIda MAP iStorage Center (NWSP 14 - 001) 270 135 0 270 540 810 EXHIBIT "A" - iSTORAGE CENTER 1:2.257 0 00125 0 02 5 005 rru 1 1 1 4 1 1 / 1 1 0 0 02 0 04 0 08 km •1; `A. el a 11;- j-§Inggia2i m ii:10 V* 6 PP !?* '488 0 o 10 Q ;3 2 INIAIN4EL IY.CM 1-STORAGE BUILDING iStarage - Boynton Beach Boynton Bauch , Flogido rOr 2(117, C4 EN MANOR CARE S. CONGRESS AVENUE A e J- 51nRA(E RETAII GFNTFR 01N(RESS AVE.. BOYNTON BEACH Fl ARIDA MMADIIDn-! 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