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Minutes 06-17-14MINUTES OF THE CITY COMMISSION MEETING HELD IN CHAMBERS AT CITY HALL, 100 BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 17, 2014, AT 6:30 P.M. PRESENT: Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation by Commissioner Merker C. Pledge of Allegiance to the Flag led by Mayor Taylor Lori LaVerriere, City Manager David Tolces, City Attorney Janet M. Prainito, City Clerk Mayor Taylor called the meeting to order at 6:30 p.m. Roll call revealed all were present. An invocation was given by Commissioner Merker followed by the Pledge of Allegiance to the Flag led by Mayor Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. There were no changes to the agenda. 3. Adoption Motion Commissioner McCray moved to adopt the agenda as submitted. Commissioner Fitzpatrick seconded the motion. 2. OTHER A. Informational Items by Members of the City Commission Commissioner McCray expressed appreciation of Commissioner Merker for attending the gospel sing -along at St. John Missionary Baptist Church. 1 Meeting Minutes Regular City Commission Boynton Beach, FL June 17, 2104 Commissioner Merker remarked there was a feeling of togetherness and camaraderie with Commissioner McCray and Woodrow Hay. Vice Mayor Casello commented most of the Commission had attended the Taste of Boynton hosted by the Chamber of Commerce. The Boynton Beach Fire Department would be having their annual picnic on June 22 at the Intracoastal Park Clubhouse from 11 a.m. to 6 p.m. Also there was significant improvement in the medians along Boynton Beach Boulevard. Commissioner Fitzpatrick reported he had attended the June 6 D -Day unveiling of the new monument at Veterans Park and at the American Legion Veterans meeting he discussed D -Day with Stuart Preston, a WWII veteran. The small business luncheon held in conjunction with the Chamber of Commerce was very informative and he had gone to the Taste of Boynton event. Mayor Taylor thanked Jeff Livergood, Director of Public Works and Engineering, for the work being done on the medians He noted there were 22 food vendors at the Taste of Boynton event that was incredible. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Post - Legislative Update by District 89 Representative Bill Hager Representative Hagar outlined the coverage area of his District that extended along the coastline from the Broward County line, north to West Palm Beach. The governing values for the legislature are low taxes, less government, personal responsibility, balanced budgets, private sector growth and individual liberties. In terms of the budget, this year had the highest level of revenue as the economy improved. Education was funded at the highest levels ever. The K thru 12 per capita funding in 1990, on a dollar basis, was $4,400; in 1984, $4,300; 1998, $4,800; 2005 about $6,100; 2012, $6,400, and 2014, $7,000. It does not include capital funding that runs another $3,000 to $4,000 on a per capita basis. State colleges continue to do well. A young adult, saving $10 a day can graduate from Palm Beach State College with zero debt. The tuition is $3,300 a year. The State universities, such as Florida State, has tuition of $5,200 per year. The legislature continued to focus on the economy and jobs. Approximately 3,000 job killing regulations have been eliminated. Unemployment has dropped to 6.2 %. Florida's economy is the fastest growing in the United States. An estimated 600,000 jobs had been created since 2010 and $1 billion was spent on ports, including the Port of Palm Beach. With the doubling in size of the Panama Canal, larger freighters would be passing through the area and the facilities along the coast. 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 17, 2014 From a tax standpoint, taxes are the key to attracting and retaining business along with a great educational system. Florida's K thru 12 system is ranked 6 in the United States from a tax standpoint. Florida is the 5 lowest tax state with no personal income tax, and removal of 70% of the taxes on businesses. There is a movement away from high tax states and into low tax states. With the Congressional redistricting in 2010, Florida gained two seats taken from the State of New York. Representative Hager had worked on sober homes that passed the Florida House, without success on the Senate side. He would continue to work on it if re- elected. There was work done on regulations to control e- cigarettes and keeping them out of the hands of children. Commissioner Merker reiterated his comments and hopes that Representative Hagar would continue to support aid into the State for Medicaid. The senior population is substantial and efforts have to continuously be addressed. Mayor Taylor commented Representative Hager had always been open to discuss the concerns of Boynton Beach and support the City's initiatives in Tallahassee. It was good to have a friend in Tallahassee. Representative Hager responded Boynton Beach was on the rise and he would work to help the City and the residents. Commissioner Fitzpatrick took exception to the calculation of saving $10 a day for education. Someone working the minimum wage would have to save 15% of their income for education. He did not think that was practical. Also the figures reported on funding for education did not include a factor for inflation. The 1990 figure of $4,000 would need to be over $8,000 with inflation to date. Representative Hager replied he was reporting the facts. The minimum wage was a federal issue. Vice Mayor Casello thanked Representative Hager for his hard work on the sober homes to get regulations established. Hopefully the next session would result in passage of regulations on the issue. Mayor Taylor appreciated receiving the report. B. Announcement about the 4th of July Festivities Wally Majors, Recreation and Parks Director, announced the July 4 festivities at Intracoastal Park commencing at 6 p.m. Additional food vendors would be on site, there would be an additional bus added to the shuttle service and extended entertainment hours after the fireworks to alleviate the exit confusion. There will be more children and family activities to make a fun event. (Commissioner Merker left the dais at 6:49 p. m.) 3 Meeting Minutes Regular City Commission Boynton Beach, FL C. Announcement by Recreation & Parks Director Wally Majors regarding the "Ball & Chain Basketball Skills Challenge" event, which will be held at Ezell Hester, Jr. Community Center on Saturday, June 21 from 9 a m. to 10:30 a.m. Mr. Majors explained the event was part of the "Play Unplugged" series. It is free event to be held at the Hester Center outside basketball courts. It is a skills challenge meant for couples. Registration is at 8:45 a.m. with the event starting at 9 a.m Commissioner McCray was baffled by the name, "Ball & Chain ". Mr. Majors explained it was a creative way to capture interest in the event. The intent was to make it fun. D. Proclaim June 20, 2014 as National Summer Learning Day Rhonda D. Rogers, Director of Community Engagement & Supports will accept the Proclamation. (Commissioner Merker returned at 6:52 p m.) Mayor Taylor read the proclamation for National Summer Learning Day on June 20, 2014 and presented it to Rhonda Rogers, Director of Community Engagement of Prime Time Palm Beach County. Ms Rogers thanked the City for the Proclamation and introduced Suzette Harvey, Executive Director and Mary Swinther, Community Engagement Manager. They are an after - school intermediary, serving Boynton Beach and located in the Children Services Council building. They keep kids safe and learning something all summer. There would be a celebration on Thursday at 3 p.m E. Announcement that Galaxy E3 Elementary School was featured in the National Geographic Hit Series Fish Tank Kings. Eleanor Krusell, Communications Manager, and her team worked hard to project positive coverage for the City. Over the next few months she would be highlighting some of the initiatives. The City is forming an education initiative committee to work with the business development board with a goal to reach out to the schools as a liaison and promote the schools. She pointed out the National Geographic Channel is available to 143 countries and seen by more than 160 million homes in 25 languages. The video clip is also available on NationalGeorgraphic.com reaching 26.5 million visitors globally. The video was shown that discussed the aquarium and fish that were donated to the school by National Geographic. Mayor Taylor remarked the aquarium was fascinating and a learning experience for the student. Commissioner McCray was glad to see the new posters on the wall and hoped everyone would read them. 4 June 17, 2014 Meeting Minutes Regular City Commission Boynton Beach, FL 4. PUBLIC AUDIENCE June 17, 2014 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) Giovanni Caliendo, had lived in Boynton Beach over 40 years. Their first home was now a studio at 915 SE 1 Street. Ten months ago he had been cited by Code Compliance to trim the Florida Holly. The property did not pass inspection and more trimming was done He was physically unable to do the work and his neighbors volunteered to assist. It did not pass the next inspection. Mr. Caliendo spoke with Commissioner Fitzpatrick and advised he would next speak with Mayor Taylor. Mayor Taylor advised him he would look into the matter. Mr. Caliendo explained there were more violations with every inspection Phone calls were received from the City Manager's office and his compliance was demanded. Mr. Caliendo then contacted the State Representative who did agree to assist him. Contact was made through that office to Commissioner Casello who brought the Police Explorer participants who cleaned up the property. Code Compliance again did not pass the property. Mr. Caliendo sought to meet with staff to get the laws changed. He opined there has been an abuse of power and he was unaware of the last violations. There needed to be detailed written reports rather than general, oral direction from the inspectors. He wanted to be present at all inspections. Mayor Taylor agreed to follow up on the complaints. Commissioner McCray requested the Code Officer's name and a follow -up report because he had received complaints about Code Officers as well. Ms. LaVerriere advised a full report would be distributed. The case has been ongoing for a couple years Vice Mayor Casello was present at the property with the Police Explorer Cadets who all worked hard and filled a 20 -yard dumpster to the brim. There appeared to be a legitimate issue that should be resolved. The property was cleaned up 110% when Vice Mayor Casello left the premises. Documentation has to be clear with the goal in mind of compliance. Mike Watson, 2634 SW 7 Street, announced the South Florida Gold professional basketball team would be holding try outs on June 21 and 22 at the Boynton Beach High School. The organization was here for the community. Mark Anoff, 2634 SW 7 Avenue, indicated Kendrick Mitchel is the head coach and an educator in the City of Boynton Beach. They are closed try outs. People can stop in to meet some of the athletes that live in the City of Boynton Beach Players across the country would be staying in the area. ESPN would be carrying the South Florida Gold 5 Meeting Minutes Regular City Commission Boynton Beach, FL and American Basketball Association (ABA) games. The league is recognized throughout the basketball community and they hoped to become a part of the community. Susan Ross, Schoolhouse Children's Museum, reported they had been rocking with the Palm Beach Pops. Mr. Music had brought in the brass section and woodwinds. Strings and percussion would be next with the entire orchestra present on Friday at the City Library for a concert at 9 a.m. It is free to the public. The musicians engaging with the children had been a joy. She also promoted the 4 of July VIP gathering at the Intracoastal Park Clubhouse to watch the festivities. Herb Suss, 1711 Woodfern Drive, presented Woodrow Hay with a handwritten certificate of appreciation from a grateful citizen. He thanked Mayor Taylor for the opportunity and would give out further report cards by the end of June or July. Mark Karageorge, 240A Main Boulevard, acknowledged the 23 years of services of Janet Prainito, City Clerk. She has been a constant professional regardless of the composition of the Commission. He congratulated Ms. Prainito and her team that should be appreciated for doing so much, with so little He also noted the presence of Attorney David Tolces who had previously served as Code Compliance Board Attorney No one else coming forward, Mayor Taylor closed public audience. 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 1 alternate Building Board of Adjustment and Appeals 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board. 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular and 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 2 alternates Recreation and Parks Board: 2 alternates Veterans Advisory Commission: 2 alternates June 17, 2014 Commissioner Merker tabled his appointment for the Building Board of Adjustments and Appeals. 6 Meeting Minutes Regular City Commission Boynton Beach, FL Motion June 17, 2014 Commissioner Fitzpatrick moved to appoint David Yankovich as an alternate on the Financial Advisory Committee. Vote The motion passed unanimously. Motion Vice Mayor Casello moved to reappoint Christina Stella as a regular member to the Financial Advisory Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker moved to appoint Nicholas Skarecki as an alternate member of the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Casello moved to appoint Kenneth Nichols as an alternate member of the Veterans Advisory Commission. Commissioner McCray seconded the motion. Vote The motion passed unanimously. B Accept the resignation of Jeffrey R. Grady, a regular member of the Financial Advisory Committee. Motion Commissioner McCray moved to accept the resignation of Jeffrey Grady, a regular member of the Financial Advisory Committee. Vice Mayor Casello seconded the motion. 7 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. Mayor Taylor thanked Mr. Grady for his service. 6. CONSENT AGENDA June 17, 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 Approve the vehicles /equipment submitted by Public Works /Fleet Maintenance for disposal. B. PROPOSED RESOLUTION NO. R14 -048 - Approve payment to D.R. Horton, Inc. in the amount of $98,526.25 for the construction of an emergency potable water interconnect with Palm Beach County Water Utilities in accordance with the Second Amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Purchase and Sale of Bulk Potable Water. C. PROPOSED RESOLUTION No. R14 -049 - Authorize the City Manager to sign a Vendor Agreement with San Francisco Puffs and Stuff, Inc. for concessionaire services for the 4th of July Event to be held at Intracoastal Park. San Francisco Puffs and Stuff will pay the City of Boynton Beach a fee of 25% of gross sales after sales tax. D. Accept the written report to the Commission for purchases over $10,000 for the month of May 2014. E. Approve the minutes from the Regular City Commission meeting held on June 3, 2014 F. Award the bid for "EXTERIOR AND INTERIOR PAINTING OF SELECT BOYNTON BEACH MUNICIPAL BUILDINGS ", Bid No. 036- 2511- 14 /JMA to West Florida Maintenance, Inc. of Palmetto, FL for the amount of $18,260. G. 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 June 17, 2014 - "Request for Extensions and /or Piggybacks ". 8 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner Merker moved to approve the Consent Agenda. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 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 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Motion 9 June 17, 2014 H Approve the Letter of Agreement between the City and the Palm Beach County Supervisor of Elections to make repairs to the pathway on the northeast side of the Hester Center building. The City will invoice the Supervisor for the costs of the repairs. A. PROPOSED ORDINANCE NO. 14 -009 - FIRST READING - Approve amendment to the Land Development Regulations (LDR) modifying minimum floor area ratio (FAR) for projects zoned Mixed Use -High (MU -H). Commissioner McCray moved to approve Proposed Ordinance No. 14 -009. Commissioner Merker seconded the motion. Commissioner Fitzpatrick requested clarification about Floor Area Ratio (FAR). Attorney Tolces read Proposed Ordinance No. 14 -009 by title only on first reading. Mike Rumpf, Planning and Zoning Director, responded FAR is a standard unit of measurement for development intensity. Residential units are measured by density or Meeting Minutes Regular City Commission Boynton Beach, FL dwelling units per acre (du), mixed -used projects are measured by intensity standard FAR There are a maximum or minimum FAR which is total area or total project square footage over site area. Commissioner Fitzpatrick summarized if there is a one -acre lot you can build two acres of flooring. We are lowering the minimum from 2.5 to 2 0. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion June 17, 2014 B. PROPOSED ORDINANCE NO. 14 -006 - FIRST READING - Approve request for 500 Ocean rezoning (REZN 14 -001) of subject property from Mixed Use - High (MU -H) with expired Master Plan for 378 multi - family residential units plus retail to Mixed Use -High (MU -H) with a new Master Plan for 341 multi - family residential units plus retail and office, located at 101 South Federal Highway. Applicant: Thomas Heyden/ Morgan Boynton Beach LLC (TABLED ON 5/20/14) Commissioner McCray moved to remove the item from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Tolces read Proposed Ordinance No. 14 -006 by title only on first reading. Motion Commissioner McCray moved to approve Ordinance No. 14 -006. Commissioner Merker seconded the motion. Bonnie Miskel, representing the applicant offered to do a presentation and /or be available for any questions or comments. Commissioner McCray disclosed he had met with Ms. Miskel and other gentlemen present. Vice Mayor Casello advised he had met with Ms. Miskel in the past. It is a great project and he supported it 110 %. He was confident the project would get done. Mayor Taylor had met with them in the past as he had previously disclosed. Commissioner Fitzpatrick understood the financing had not been totally completed and questioned if the financing was an issue at this juncture. Attorney Tolces advised the Commission was within their authority to consider the matter. 10 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Merker was in favor of the project in principal and would move forward. Mayor Taylor added the issue before the Commission was the rezoning of what existed at the site. The financials would be presented separately if there was any type of agreement. Ms Miskel explained because it was a Master Plan rezoning, it requires two readings. The MU -H zoning is already in place. This process is a formality and the New Site Plan would be reviewed after the second reading. Any agreement would be divulged at a later date after the process has been completed. Mayor Taylor opened the issue for public comment. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion June 17, 2014 C. Approve request for New Site Plan approval to construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated recreational amenities and parking on a 4.69 -acre parcel located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. (TABLED ON 5120/14 AND REQUEST TABLING TO JULY 1, 2014 SO FINAL ACTION IS TAKEN WITH REZONING ITEM) Commissioner McCray moved to remove the item from the table and retable to July 1 Vice Mayor Casello seconded the motion Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Informational report on the current status of the Stormwater Program with status information on areas that flooded as requested. Ms. LaVerriere introduced Colin Groff, Director of Utilities, who gave a brief presentation Mr. Groff announced the 2013 Water Quality Report had been distributed to get information out to all the customers. The Water Wise Program that is used in the 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 17, 2014 schools on water conservation is mentioned. He urged the Commission to review the Report and information disseminated therein. The request was made to investigate the areas that had flooded in January when over 20 inches of rain fell in most areas and some with 22 to 24 inches of rain over two days. It would be considered a 1,000 -year storm event and the existing systems were not designed for such an event. Staff reviewed the sites that flooded and attempted to determine the cause. Staff investigated the areas that had structural or hazard flooding to the extent it was dangerous to walk or drive through There were areas deficient in stormwater drainage. The areas were mapped. There are locations where the City is completely responsible. Other areas the City may own part of the infrastructure and private entitles or other governmental agencies share the system. There are County owned systems and one privately owned system. Ownership had to be established. About 20 areas were found. There are neighborhoods built without any pipes or swales for the water to flow from the area. All of those locations are now in the capital budget for improvements. The project on Oak Street is currently underway. The North and South Street project has been designed, but placed on hold due to an easement issue. It would be revisited and hopefully an outfall could be created for the neighborhood. The other areas are new projects that will have to be designed for infrastructure improvements. Commissioner McCray expressed concern about the property of Joyce Frasier spoke about close to the Intersection of 1 -95. Mr. Groff responded it was included in the NE 1st Street corridor south to Gateway. The area is older and does not have any drainage There are downstream issues that have to be dealt with through other agencies Vice Mayor Casello indicated Treasure Island has no drainage at all. Mr Groff advised a system would be designed. There are some concept plans to drain the area. The money is included in the Capital Improvement Plan (CIP) for the stormwater improvements. Mr. Groff pointed out areas that have an appropriate drainage system and function properly, but have other issues. Some could not drain the water fast enough. They are designed to handle eight to 12 inches of rain rather than 20 inches. There are some downstream systems that may or may not have maintenance issues that have to be inspected. Many are not owned by the City. There can be blockage with trees and debris in a strong storm event In other areas, the City may own the piping system in the roads, but not the pond or stormwater basin where the water flows. Without maintenance of those areas, flooding would occur. Dialogue with homeowner associations will be probable. 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 17, 2014 There are locations that are privately owned or County owned and the City of Boynton Beach cannot make any improvements. It was anticipated to work with the County on the issue because it does cause flooding in the adjacent areas. Working with the private communities would involve some education on what can be done to prevent the flooding, how to maintain the systems and why it is important. Most of the projects would be designed by the general services engineers. The contract for those services is scheduled to be approved July 1st by the Commission. The scopes would then be developed during July and August. The plan was to complete the design work by the end of the year. Bid and construction would be done January through August The goal would be to finish the projects by the end of the next budget year. There are key issues to be addressed that may have to come back to the Commission. One is privately owned drainage systems. Vice Mayor Casello lived in a development and explained the weir gate was not fully opened; the pond filled and backed up the pipes. There are possible regulations that would impact the cost of the improvements that are being carefully tracked. There would be continued investigation of all downstream systems to resolve any problems found. The plans would be developed and maintenance improved on a routine basis. Mayor Taylor thanked Mr. Groff for the update. It demonstrates the City is actively addressing the issues. Updates would be given regularly along with information posted on the web site and Facebook site. Vice Mayor Casello thanked Mr. Groff and appreciated the work done to educate the public Commissioner Fitzpatrick inquired if the monies were available to complete the projects. Mr. Groff indicated the proposed CIP included the funding in the Utilities budget. Commissioner Fitzpatrick indicated the water can go out the C -16 Canal to the intercoastal or percolate. He asked if the percolation rate was known. Mr. Groff advised it would be site specific. It would not percolate 20 inches. In a sandy soil average rates are four to six inches an hour when it is not saturated. Once the soil is saturated the rate is zero. Commissioner Fitzpatrick questioned how much one outfall in an area could accommodate. Mr. Groff could not answer the question. There would be a Stormwater Master Plan update soon It is a fairly new canal and would take a large amount of water. Modeling can be done to determine those numbers. New construction is required to treat the water before it goes into the canal so a pond is needed and it has to be maintained. Commissioner Fitzpatrick acknowledged there is climate change ongoing and a one in 1,000 year event may need to be reassessed. The standards for design may not incorporate the reality of changes taking place. Mr. Groff advised research had to be done that establishes the standards. Factors of safety 13 Meeting Minutes Regular City Commission Boynton Beach, FL 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL 14 June 17, 2014 are built into the designs and calculations. The average design is for a 25 -year event with 10 inches of rain. The safety factor would be 12 or 13 inches of rain. There could still be hazard flood. The sea level rise is a huge issue to be addressed by many. The industry standard would be used until reliable information can be determined. Commissioner Fitzpatrick was very concerned that the calculations may only be accurate for a short time rather than a long range plan due to new numbers and statistical data. The Building Department had done a great job and slab heights were increased to avoid flooding and water damage inside homes. A. PROPOSED ORDINANCE NO. 14 -008 - SECOND READING - PUBLIC HEARING - Approve and adopt the update to the Community Redevelopment Plan (Heart of Boynton sub -plan) Attorney Tolces read Proposed Ordinance No. 14 -008 by title only on second reading and public hearing. Motion Commissioner Merker moved to approve Ordinance No. 14 -008. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for Public Hearing. No one came forward. Vote City Prainito called the roll. The vote was 4 -1 (Commissioner Fitzpatrick dissenting). B. PROPOSED ORDINANCE NO. 14 -010 - FIRST READING - Approve the removal of Garage Sale Permit requirements. Attorney Tolces read Proposed Ordinance No. 14 -010 by title only on first reading. Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -010. Commissioner Fitzpatrick seconded the motion. Vice Mayor Casello questioned how the limitation could be enforced. Nancy Byrne, Director of Development, advised Code Compliance and neighbors would be reporting excessive garage sales through self- governing. Over the year trial time there had been no incidences of intensity. Vote City Clerk Prainito called the roll. The vote was 5 -0. Attorney Tolces read Ordinance No 14 -011 by title only on first reading. Motion Commissioner McCray moved to approve Ordinance No. 14 -011. Commissioner Merker seconded the motion. June 17, 2014 C. PROPOSED ORDINANCE 14 -011 - FIRST READING - Approve Ordinance prohibiting flying of model aircraft, flying devices and helicopters over City owned land, streets, roads, canals and waterways. Commissioner Fitzpatrick displayed a rocket and asked if it would be prohibited under the proposed regulations. Attorney Tolces questioned the design and then concluded it would not be prohibited as the Proposed Ordinance refers to a motor. Mr. Majors interjected the County only allows these type of radio controlled helicopters or airplanes at two parks with specific designed areas to accommodate the activity. The only people who can fly those aircrafts have to be insured members of the Academy of Model Aeronautics. They have a safety code that specifically dictates that all pilots shall avoid flying over unprotected people, vessels, vehicles or structure and avoid endangering life and property. There have been injuries and one fatality from these flying objects landing on an individual. The County guidelines are consistent with those across the nation and all have an emphasis on safety for not only the operators, but also the spectators. The operators have to have specific training and there has to be safety lines to contain spectators in a safe area. Without the restrictions and regulations the public is exposed to risk. There are appropriate areas in the County for their use that are highly regulated. Mayor Taylor inquired what initiated this Ordinance. Mr. Majors indicated a complaint was received about a radio - controlled helicopter at the undeveloped park area in 15 Meeting Minutes Regular City Commission Boynton Beach, FL Mayor Taylor opened the issue for public comment. June 17, 2014 Nautica Sound. The individual related it was very popular with the children in the area. There was an immediate concern for the safety of those in the area even though he was a highly skilled operator. Michael Greenberg, future resident at 8864 Spring Valley Drive and business owner in Boynton Beach objected to the Proposed Ordinance and prohibition of the launching, landing or operating in, or over real property within the City jurisdictional boundaries. It would prohibit him from holding events such as his quad - copter workshop anywhere within the City including inside, on or over privately owned property within the City bounded real estate. The language was in contrast to the opening whereas statements of the Proposed Ordinance. Mr. Greenberg further contended the City has no jurisdiction to prohibit the flight of any object, motor or otherwise which is handled by the Federal Aviation Administration. Lastly, he was gravely concerned about broad reaching wording of the Ordinance. Concerns about the safety of such devices were legitimate. The proposed solution would prohibit kites or baseball games for fear of injury or it could be a lack of common sense being applied to the issue. He was seeking to improve the City of Boynton Beach and had already invested in the community's growth. He was concerned and reconsidering his original plans. He asked the Commission to recognize the dangerous wording and message being sent. Commissioner Fitzpatrick commented something like this is a good way to learn. It is physics and we want engineers in Boynton Beach. This is a first step to learning. The safety concern does not make sense. How was it different than a ball through a window? He agreed, as written, it is too broad and thought this was trying to solve a problem that did not need control. Vice Mayor Casello recalled his youth and did not feel it was an issue that needed to be regulated at this time. Commission Merker confirmed Mr. Majors felt very strongly this is dangerous now and in the future. Mr. Majors confirmed he felt it is dangerous unless it is in a proper location Mayor Taylor agreed with Vice Mayor Casello and Commissioner Fitzpatrick and did not think there was need for it. Vote City Clerk Prainito called the roll. The vote was 1 -4 (Mayor Taylor, Vice Mayor Casello and Commissioners Fitzpatrick and McCray dissenting). 16 Meeting Minutes Regular City Commission Boynton Beach, FL 14. FUTURE AGENDA ITEMS ATTEST: is y Clerk A. Receive report from City lobbyist on 2014 Legislative Session and discuss goals for 2015 - July 1, 2014 B. Beginning July 7, 2014, City Hall hours of operation will be Monday through Friday, 8 a.m. to 5 p.m. C. Budget Workshop dates /times for FY 14/15 Operating and Capital Budget - Monday — 7/21/14 Beginning at 2:00 p.m.; Tuesday — 7/22/14 Beginning at 1000 a.m ; Wednesday — 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room D. Discuss zoning density in Districts II and III - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:12 p.m. t M. Prainito, MMC 7dith A. Pyle, eputy City CI VY) • PluojtAcit CITY OF BOYNTON BEACH f i � lor, Mio 17 Michael M. Fitzpatrick, Commissioner June 17, 2014