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Minutes 10-07-14PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 7, 2014 AT 6:30 P.M. 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 Father Daniel Fink, St Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:30 p m Roll call revealed all members were present. The invocation was given by Father Dan Fink and the Pledge of Allegiance led by Mayor Taylor D Agenda Approval 1. Additions, Deletions, Corrections Commissioner Merker requested postponement of the second reading of Ordinance 14- 014 and MSPM 14 -002 to November 5 due to his absence at the October 21 meeting. He also requested that Items 6.E, 6.F and 6.G be pulled for discussion. Vice Mayor Casello asked that Item 6.0 be pulled for discussion. Commissioner Fitzpatrick also wanted discussion on Item 6.E. Mayor Taylor asked Item G. be added under Announcements to allow Representative Lori Berman to comment on an upcoming program. 2. Adoption Motion Commissioner McCray moved the agenda be approved as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2. OTHER A. Informational Items by Members of the City Commission October 7, 2014 Commissioner Fitzpatrick had gone to the Metropolitan Planning Organization (MPO) meeting and the County bid opening for the Lake Ida property. There was a developer who bid $500,000 for the property. He also went to the MIA/POW Boy Scout Vigil ceremony and met with the Director of the MPO to discuss long -range planning through 2050. Vice Mayor Casello had gone to the Mayor's Literacy Luncheon and this year's book was announced, "Bunny Cakes ". The entire Commission had gone to the anniversary celebration at Easy Pay Tire, Goodyear, a business that has been owned by the same family for 50 years. Other events attended were the Stage Left ribbon cutting ceremony and a round table discussion with Representative Bill Hager and other local officials, on sober homes. Mayor Taylor, Vice Mayor Casello and Commissioner Fitzpatrick, with Representative Maria Sachs had walked a neighborhood with sober homes and heard the concerns of residents Commissioner McCray disclosed he had met with Jeffrey Cohen, a partner of the owners of Yachtsman's Plaza who were doing a face lift on the Plaza and wanted new tenants. He had also gone to the 50 -year ribbon cutting at Easy Pay Tire, Boy Scout Vigil and met with the developer of the High Ridge property. Commissioner McCray disclosed he had attended the retirement party for Tony Penn and would be at another party for Robert Sweeney in the ITS Department, who would be leaving the employ of the City. He had attended the St. John Missionary Baptist Church 106 -year anniversary and brought greetings from the entire Commission. Mayor Taylor concurred with Vice Mayor Casello's recall of the various events attended. It was noted the City of Boynton Beach had won the Mayor's Literacy competition last year by reading to more children than any other City in the County. A large box of books was donated to the Library. Vice Mayor Casello disclosed he had met with the High Ridge developer, Jack Weir, as did Mayor Taylor, Commissioners Fitzpatrick and Merker. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A Announce the request from the Recreation & Parks Department for nominations for the Holiday Parade Grand Marshal Wally Majors, Director of Recreation and Parks, invited the public to submit nominations for the Holiday Parade Grand Marshall. The parade is scheduled to start at 5 p.m. on 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL B. Proclaim October as National Community Planning Month October 7, 2014 December 6 Nominations would be accepted through October 24 by using the City's website, calling Mr. Majors or anyone in the City. Mayor Taylor read the proclamation and presented it to Mike Rumpf, Director of Planning and Zoning. Mayor Taylor felt the City was blessed to have such professional staff that outlines the pros and cons of the facts for the Commission to be able to make an informed decision. Mr Rumpf thanked the Mayor and Commission for the recognition. He extended his thanks to the public who provide input to staff and reports the impact of development. The outcome cannot always be beneficial to everyone, but all information is very important in the review process The public and businesses in the City are all part of the process There is a photo contest being held to promote the City. There are various divisions and rules for the contest that are being distributed and on the website He hoped many would participate. C. Announcement of the Boynton Beach Community Redevelopment Agency's (CRA) Pirate Fest and Mermaid Splash Days scheduled for October 25 -26, 2014. Three pirates entered the Chambers to warn of the possible pillaging and plundering of east Boynton Beach It would begin on October 25 along East Ocean Avenue to Federal Highway commencing at 1 p.m. to 9 p.m. and on October 26 The Pirate Fest would include chills, thrills and excitement for all ages. Admission is free. Mayor Taylor responded, Arghhhhhhhhhhhhhhh! D. Announcement by Recreation & Parks Director Wally Majors regarding the "Rally For The Cure" event, which will be held at the Tennis Center on Saturday, October 25 beginning at 10 a.m. Mr Majors explained the "Rally for the Cure" would promote the promise of the Susan G. Komen Foundation. Tennis players were invited to join in at 10 a.m. on October 25 at the Congress Avenue Tennis Center. E Due to Election Day on Tuesday, November 4, 2014, the first City Commission meeting in November will be held on Wednesday, November 5, 2014 at 6:30 p.m Mayor Taylor announced the November 4 election would necessitate that the City Commission meeting be held on Wednesday, November 5 at 6:30 p.m. Vice Mayor 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Casello commented the absentee ballots were being mailed out and he urged the voters to fill out and mail the ballots so every vote counts. F Announce Reading Oasis Program and thank City partners for their generous donations Renee Richar, President of Gold Coast Knights Kiwanis Club, introduced members who were also present. In partnership with Scholastic and other organizations would be building a Reading Oasis at Rolling Green Elementary School. It is a Title 1 school in a low socio- economic area with many needs. It will be the first in the County with the hope others will appear soon The mission is to form a coalition with various organizations and create nurturing environments for the children and parents to read books. The Oasis would have books for all ages, book shelves, furniture and comfortable surroundings to entice the kids and parents to participate and read. It would be assembled by the Kiwanis Club and Fire and Police personnel. She invited everyone to get involved There has been $10,000 in donations to get the oasis established Lori Wilkinson commented the goal was to get the entire community involved and raise funds. The Police and Fire Departments gave generous donations, as did the Education and Youth Advisory Board. The Greater Boynton Beach Foundation would be involved on Saturday, November 1st when the build for the room would be assembled. The art department from Boynton Beach High School would be participating with four moving murals representing the four seasons. Donations were welcome. November 21 at 5:30 would be the ribbon cutting. Ron Washam felt it would be a great honor for Boynton Beach and the Kiwanis Club to make the Oasis possible. The City of Lantana would be involved too and share their staff and efforts. Senator Jeff Clemons, Lantana City Council, Representative Bill Hager, School Board members and Sheriff Bradshaw would be involved Mayor Taylor thanked the Kiwanis Club for initiating the event and all those who have been involved in the project. It would be remarkable that Boynton Beach is the first City to create a reading oasis for children. It can change their lives. Commissioner Merker thought it was essential that children learn American history. He would personally donate to the cause. He hoped those from other countries would be encouraged to participate and reading materials would be available in their language. Ms. Wilkinson would not be surprised if the project grew to include other ethnic groups. G. Representative Lori Berman presentation on a Farm Share Distribution Program (Added to the agenda) 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 4. PUBLIC AUDIENCE October 7, 2014 Representative Berman was impressed with the civic involvement demonstrated. She announced an event on Saturday, October 11 from 9 a.m. to noon in conjunction with Farm Share. Extra food from farmers and supermarkets would be bagged and distributed to anyone wanting food with no requirements or questions. Food would be available for up to 1,000 people on a first come, first serve basis. The staging time would be 7 a.m to 9 a.m. and any volunteers would be greatly appreciated. The location is the parking lot at the Children Service Council building off High Ridge Road and 1 -95 at Gateway Boulevard. She thanked the City of Boynton Beach for their assistance and use of some equipment. It is a good community program. 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) Erica Whitfield, candidate for School Board District 4, 133 Duke Drive, Lake Worth, commented the schools are the center of the communities and the focus of the Commission is heartwarming. She was excited about the project proposed at Rolling Green Elementary. She looked forward to serving as the next school board member for District 4 with the citizens' vote David Katz, 67 Midwood Lane, a former Commissioner and 32 -year resident of Boynton Beach, remarked about Commissioner Merker's personal attack of him by calling Mr. Katz a coward, scum, low life and liar and accused him of being inconsistent. Mr. Katz specifically asked if Commissioner Merker had been counselled by either the City Manager's office or Human Resources for inappropriate behavior towards City employees Mr Katz inquired if Commissioner Merker had been asked to leave Hurricane Alley for inappropriate behavior. Commissioner Merker called for a point of order, why these types of remarks are permitted when they have nothing to do with the business of running the City. It happens continuously and is not pertinent to running the City. Commissioner Merker announced he needed fresh air and left the dais at 7:09 p.m Mr. Katz continued and presented an email from Kim Kelly, owner of Hurricane Alley, to the City Manager. The thread related to a response from Vivian Brooks, Executive Director of the Community Redevelopment Agency, and was read as follows: "Kim, I'm sorry you had to experience this. These issues should be settled on the dais and once settled, everyone should move on. We have a lot of issues to work on in the City, so arguing over those that are settled doesn't help any more . . ." and Kim Kelly responded. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Mr. Katz asked if it was untrue that Commissioner Merker had characterized Vice Mayor Casello and former Mayor Woodrow Hay as peanut brains. Mr. Katz asserted his remarks remain the same while he has been verbally attacked. He made reference to the Charter and the section relating to decorum and conduct of Commissioners. He asserted other Commission members should not allow themselves to be caught in the aftermath of Commissioner Merker's behavior of denigrating the public and taxpaying citizens. (Commissioner Merker returned to the dais at 7:11 p. m.) Bernard Wright, a 62 year old, long -time resident of the City, noted there was a lack of African - American history published in the area. He voiced concern about the charge to use the pool, the lack of lighting on Martin Luther King Boulevard and improvements at Carolyn Sims Park. He wanted to be part of any discussion to get the necessary items to engage the children and prevent crime. The Carolyn Sims Park was in disarray. Mr. Wright questioned why police had to be present when he spoke to Commissioner McCray. He complained the Community Redevelopment Agency properties in the Heart of Boynton needed to be kept clean Ray Whitely, 7353 Palmdale Drive, spoke about the Teen Summit to be held on October 9 at 6 p.m. at Boynton Beach High School. State Representative Bobby Powell, Jr. would partner with the Boynton Beach Police Department, the Youth Enrichment Association for Academics and Athletics, Boynton United, other community organizations and radio station 102.3 would host "It Takes a Village, Teen Summit ". The goal was to improve communication between teens, adults and community leaders to mentor and host more Teen Summits. The programs should be groundbreaking for students and include workshop style activities, gender -based discussion groups and team building games. The event is free and open to all students 13 to 19 years of age. There will be prize drawings as well as giveaways. Discussion topics would include interaction with police officers, financial literacy for teens, sex, dating and relationships and civil involvement and responsibilities He invited the Commission to be a part of the program and hoped to connect the youth with leaders that are not athletes. If unable to attend, he asked that a letter of support be sent that could be read. Vice Mayor Casello noted most of the Commission would be at a two -day conference in Ft. Lauderdale. Rodney Wilkinson, introduced himself as the Pastor at a new church, Gospel Fellowship that met at Crosspointe Elementary at 10 a m. on Sundays. In their first year they partnered with Urban Youth Impact and First Boynton to mentor young teens of East Boynton Beach. They also partnered with Habitat for Humanity to rebuild homes, served with the Interaction Drug Rehab Center and were participating in the Teen Summit. He was young, but passionate about his faith and helping the youth of the City. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Edwin and Sheila Ross, both educators in Palm Beach County, had property at 102 Commons Road, Fire Express LLC d /b /a East Coast Flames All Stars. They sought permission for a revised after - school program. The previous location was 3497 High Ridge Road. They had to re- license the new facility from a showroom to assembly. The Zoning Department of the City outlined the necessary upgrades for the new location. Panic bars had to be installed, water fountains, sinks had to be installed and two bathrooms added. After the work was done, the Zoning Department advised a school program was not permitted because of changes in the Code two years earlier. Since the Boynton Beach Charter School closed, Mr. and Mrs. Ross wanted to fill the gap by offering programs to the kids from the community. Mrs. Ross added all the documentation had been presented, but it was not explained that all other programs in the area had been grandfathered into the regulations. They were told they could continue as a cheerleading facility. The proposed programs would educate the youth, discuss common core values and assist youths who were struggling. Teachers were available for the proposed programs Being denied after all the upgrades were accomplished and three departments in the City having signed off on the project seemed inconsistent and unfair. Mr. and Mrs. Ross had researched the zoning before contemplating the move to serve more youth in the community. Mayor Taylor advised staff would be consulted for any possible solution to the situation. Commissioner Merker asked for Mrs. Ross's certifications as an educator She replied she had a BS degree in Education, taught for 25 years at Citrus Cove Elementary and could teach biology or physical education. Vice Mayor Casello recalled she had taught his daughter in school. Commissioner McCray requested a written report on the matter and it be distributed to ensure follow up is pursued Rachael Robinson, 2031 NW 2 Court, supported Fire Express LLC. She was a single mother of two daughters and took pride in the City of Boynton Beach, but was shocked to learn of the rezoning issue causing the loss of a place that became a second home for her children. The girls initially were in the summer programs and after school program that was local, a safe environment and affordable The owners have instilled education as a major factor for the lives of their students and encouraged community involvement. She urged the City to grandfather the new business into the zoning so it may continue to operate. Tom Sutterfield announced he was running for the School Board and has been an active member of the community for 19 years. He had originally appeared before the Commission with Tom Kaiser to seek permission for the Boy Scouts to hold the vigil at Veterans Park. He was the treasurer and a board member with the Learning Upson Foundation of South Palm Beach Inc. that operates Imagine Chancellor School on High Ridge Road He asked everyone for their vote on November 4th 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Commissioner Merker noted both Mr. Sutterfield and his wife were well educated and knowledgeable about the issues of the City of Boynton Beach. He thanked them for educating him on charter schools within the school district. Mr. Sutterfield thanked the Commissioners who had visited the school recently. Steve Anton, 234 SE 2 Avenue, asked the Commission to continue to address issues that generate the interest of so many residents to appear at the meetings Sylvie Sainvil, 314 SW 2 Avenue, had talked to neighbors about issues that are important and urged them to vote on November 4 She found most of the citizens receptive to her inquiries and explained the issues to the residents. Many of them had no idea of what was happening in the City of Boynton Beach. Ms. Sainvil asked the Commission and other interested citizens to join with her and find an office and funds so she could educate parents on important issues and be part of the City Many are hesitant to come to meetings. Mayor Taylor inquired why people were afraid to attend Commission meetings. Ms. Sainvil explained many do not speak the language and they think the meetings are limited to other people. She stressed they need to vote and be involved. Commissioner McCray pointed out Ms. Sainvil could meet with the Pastor of the Seed Based Ministry on Seacrest Boulevard to establish a time that he could attend and answer any questions and address the residents' concerns. Commissioner McCray stressed he does do positive things for the City of Boynton Beach. Ms Sainvil had faith in Commissioner McCray to do the job. Dr. Piotr Blass, 113 W. Tara Lakes Drive, announced on October 20 at 7 p m. there would be a debate of the candidates for Governor at the IHOP restaurant on Congress Avenue. There are actually ten candidates and one had already accepted Dr. Blass's invitation to debate with him. He encouraged write -in votes for himself for Governor. 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 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 alternate and 1 student NN Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Historic Resource Preservation Board. 2 alternates Library Board: 1 alternate There were no applicants to fill any positions 6. CONSENT AGENDA October 7, 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. PROPOSED RESOLUTION NO. R14 -096 - Approve an agreement with the City of Lake Worth and Hypoluxo & 1 -95 Holdings, LLC to provide wastewater service to a parcel on the northeast corner of Hypoluxo Road and High Ridge Road. B. PROPOSED RESOLUTION NO. R14 -097 - Authorize the City Manager to execute FCC Notification for Spectrum Manager Lease and Ownership Disclosure Information Form for Sensus Technologies and the licensed FlexNet System. C. PROPOSED RESOLUTION NO. R14 -098 - Authorize and direct execution of a second amendment to the lease agreement for telecommunications tower site with STC FIVE, LLC ( "Sprint" or "Tenant ") to allow four (4) additional five -year terms, thereby extending the lease agreement 20 years to October 29, 2041; and to increase the size of the lease parcel by 621 square feet for the existing telecommunications tower at the City's Water Storage Tank (3600 Miner Road). Vice Mayor Casello wanted clarification, for the public's information, how the towers are leased and the type of income generated. He questioned why it was a five -year lease. Ms LaVerriere replied there are 10 to 12 tower leases that generate approximately $200,000 This project would result in $32,000 of revenue a year with an application fee of $1,500 and one -time payment of $8,500. Ms. Zeitler, Planner, added the tower companies require 20 years with four or five -year lease terms. It takes that long to attract users to locate on the tower. It promotes co- location. The prices are re- negotiated with each new amendment. Each tower site is different with variables such as how many users are on the tower, the ground space leased and the market rate. Mayor Taylor interjected the proposed site was generating $18,000, but it was increased to $32,000 because they requested more land. Ms Zeitler continued that a 5% annual rent escalation clause was added 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner McCray wanted confirmation the leases could be broken at any time. Ms Zeitler replied there is a clause in the lease for termination with specific notification. Motion Commissioner McCray moved to approve item R14 -098. Vice Mayor Casello seconded the motion Vote The motion passed unanimously. October 7, 2014 D PROPOSED RESOLUTION NO. R14 -099 - Approve the Right of Entry Permit, License, and Development Agreement for Fitness Zone Equipment Installation with The Trust for Public Land (TPL) for the Fitness Zone® at Congress Avenue Barrier Free Park and authorize the City Manager to execute the Final Acceptance and Assignment of Warranty documentation. E PROPOSED RESOLUTION NO. R14 -100 - Approve Letter Agreement between Florida East Coast Railway, LLC, (FECR), the City of Boynton Beach and All Aboard Florida- Operations LLC (AAF) relating to the Crossing Agreements and railroad crossings referenced therein. Commissioner Merker contended there was more to the agreement than what was explained If the City of Boynton Beach does not agree to the terms, the City would be responsible for any upgrades, otherwise FECR would responsible for the cost of the quiet zones Vice Mayor Casello asked about the current cost to maintain the crossings. Jeff Livergood, Director of Engineering and Public Works, advised it was around $5,000 for energy and normal maintenance. The capital expenses are budgeted in the future as the crossings are repaired. The additional cost would be $5,000 for the energy and routine maintenance. Periodically the FEC would redo the crossing pads that would be an additional expense Edward Tedtmann, a resident, speculated there would more expense and a great deal of inconvenience to the community. There would be 32 more trains while the current passenger rail has seen a decrease in use. There is a theory the work was being done more for the transportation of cargo than people. The Federal government will be paying out $1 5 billion. Mr Tedtmann felt it would cause more problems in terms of inconvenience. Mayor Taylor mentioned the newspaper had reported private funding had been obtained to do all the work from Miami to West Palm Beach and construction was underway. He 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 stressed the Commission has not been for or against the project. The request is to make sure FECR pays for the upgrades of the quiet zones. Vice Mayor Casello reiterated the vote on the amendment was not an indication of support for or against All Aboard Florida The agreement ensures FECR would pay upwards of $100,000 in upgrades to the quiet zones that should not be a taxpayer expense. Dr. Piotr Blass, 113 Wet Tara Lakes Drive, asserted FECR were extremely arrogant and bulldozing the public. As a citizen, he suggested the Commission do nothing to assist the project, unless the trains stop in Boynton Beach. It is an invasion to the City and rises to extortion of monies unless the City agrees to their terms Steve Anton, 234 SE 2 Avenue, lived near the tracks and had a business in the same area. He was looking forward to the train stopping in the City. The 32 additional trains would pass through a crossing in less than a minute in most cases. The freight trains take 10 minutes and the engineers like their horns He looked forward to the passenger trains that would pass in 90 seconds or less He hoped TriRail would eventually service the area to assist disabled veterans with transportation to obtain more services There would be advantage and disadvantages Dan Spotts, 805 North Federal Highway, contended there was significant confusion whether All Aboard Florida was disclosing their entire plan Since they own the right -of- way and were funding the project privately, they did not need to do an environmental assessment. The assessment could allege anything with no review by another entity. The Federal Railway Administration (FRA) would require an independent assessment to be done if government funds were requested. Currently the FRA accepted the initial assessment from All Aboard Florida that alleged 12 additional freight trains and 32 passenger trains would decrease noise and pollution and not create traffic congestion. The assessment predicted only a 1% growth in the downtown area for the next 20 years that would ultimately result in a decrease in property values, so there would be no impact Mayor Taylor interjected the issue before the Commission had nothing to do with support one way or another for All Aboard Florida. The current issue relates to the cost of creating quiet zones if the project becomes a reality. Mr. Spotts' concern was the City was running out of time and businesses were already exiting the downtown district. Mayor Taylor disclosed the calls he received were 50/50 for or against the project. Mr. Spotts pointed out the TriRail expansion would be at taxpayer expense for a third track and obtaining their own approvals, that could be years away. Attorney Cherof interrupted and explained the discussion was off subject on the agenda item Mr. Spotts concluded his remarks that he hoped the Commission would go back 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL and negotiate with All Aboard Florida for a better situation before approving the current request. Neil Schiller, with Becker & Poliakoff, 625 N. Flagler Drive Suite 700 in West Palm Beach, representing All Aboard Florida, was present to answer any questions. Commissioner Fitzpatrick wanted an explanation why there were eight crossings involved. Mr. Livergood replied the eight crossings are the eight agreements the City of Boynton Beach has with the railroad. There are 11 crossings within the City limits. Mr. Livergood noted the Boynton Beach Boulevard crossing is with the State of Florida and Woolbright and 23 are Palm Beach County. Motion Commissioner Merker moved to approve R14 -100. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion 12 October 7, 2014 F. PROPOSED RESOLUTION NO. R14 -101- Supporting a referendum placed on the November 4, 2014 Ballot by the School District of PBC to continue an ad valorem levy for school operational needs. Chris Garrison, Director of Planning and Intergovernmental Relations with the Palm Beach County School District, emphasized the District values the partnership with the City of Boynton Beach. It starts with the leadership and professional staff. A short video was shown explaining the question on the upcoming ballot for funding and encouraging support. She stressed the community receives a lot of benefit from the tax levy including 28 teachers who are funded by the monies received It was previously overwhelmingly approved. Vice Mayor Casello moved to approve Resolution R14 -101. Commissioner Merker seconded the motion. Vote The motion passed unanimously. G PROPOSED RESOLUTION NO. R14 -102 - Authorize a Notice of Intent to address unknown impact of production and distribution of medical marijuana. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Commissioner Merker mentioned this was a serious subject matter both pro and con. He was concerned with regulating the growing process and where it could be sold. It was an important issue. Vice Mayor Casello had requested a discussion on the matter several months ago and was specifically concerned with the dispensing of medical marijuana A pill mill scenario had to be avoided. Staff has suggested a moratorium be instituted for six months to prohibit any dispensing within the City limits at this time. Vice Mayor Casello supported Amendment 2 and thought medical marijuana was a great tool for relief of pain and suffering The guidelines have to be carefully studied to establish a criteria and the moratorium would offer an opportunity to study the impact and establish regulations. Commissioner Merker disclosed he had received calls relating to growing of marijuana and both issues have to be monitored. Vice Mayor Casello pointed out only five licenses to grow would be issued in the entire State of Florida. A nursery had to be in existence for over 30 years to qualify for the license with a fee of $250,000. A lottery type system would be used to make the final selection of licensees. Commissioner McCray advised he had received no input on the issue from the citizenry. Commissioner Fitzpatrick was initially against the issue being discussed until the Amendment was passed. He reconsidered and decided the additional time was necessary to give staff the time needed to study the issues and concerns Mayor Taylor explained if the amendment passes in November, then the State would have to decide how it would be regulated which would take several months The moratorium would afford staff the opportunity to assess the State regulations before adjusting the City's zoning and ordinances. Attorney Cherof advised the process for adopting a moratorium notice of intent requires an announcement to the public with the actual public hearing to be held at the next meeting. Discussion could be limited at this time until the public hearing. Chris Williams, 1420 SW 20 Avenue, was not opposed and felt the moratorium was in the spirit of proper planning and should be carefully studied. He pointed out the Department of Health would be assigned the responsibility of creating the rules and regulations that will put a structured program in place with a merit -based decision making process to determine the dispensing and growing parameters. It would not be law until after a three -month period and then a six -month period to license individuals to grow or distribute and obtain cards to get safe access to medical cannibus. It will be a highly regulated and structured environment. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner McCray moved to approve Resolution R14 -102. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 Motion October 7, 2014 H Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the eleven (11) month period ended August 31, 2014 I Authorize the Finance Department to reduce the Allowance for Uncollectible Account and the Accounts Receivable Accounts by $319,917.85, in unpaid Utility and Refuse billings that have been turned over to the City's collection agency J. Approve a one -year renewal for Bid No. 066 - 2730- 12 /DJL, Sod and Sod Installation The City of Boynton Beach is lead agency for this Southeast Florida Governmental Purchasing Cooperative Group Bid with 20 participating government agencies. The estimated annual expenditure for the City of Boynton Beach is $7,500. K Approve the minutes from the Regular City Commission meeting held on September 3, 2014 A Approve utilizing the State of Florida Mobile Communications Services (MCS) Contract for wireless voice and data services with AT &T, Sprint and Verizon for fiscal year 2015 for the City Departments requiring these services. The State of Florida Contract expires January 2017. The anticipated annual expenditure for all Departments is $140,000. Vice Mayor Casello moved to approve the contract for wireless voice and data services. Commissioner McCray seconded the motion Mayor Taylor opened the issue for public comment No one came forward 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion October 7, 2014 B Authorize the use of the United States Postal Service (USPS) as a sole source vendor for Fiscal Year 2014/2015 for postage costs associated with Utility billing for an estimated amount of $140,000. Commissioner McCray moved to approve Commissioner Fitzpatrick seconded the motion. Commissioner McCray questioned if the utility billing went out first class and Ms LaVerriere indicated there was a bulk permit. Vote The motion passed unanimously. 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 A. PROPOSED ORDINANCE NO. 14 -013 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14 -002) from a PUD (Planned Unit Development) with the Master Plan for 110 single - family homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC (TABLED TO 10/7/14) 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner McCray moved to remove the Item from the table. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously October 7, 2014 City Attorney Cherof read Proposed Ordinance No. 14 -013 by title only, on first reading. He advised it was a quasi - judicial hearing and administered an oath to those testifying. Jack Weir, President of East Wind Development, 5604 PGA Boulevard, Palm Beach Gardens and the Principal of High Ridge Housing LLC, the applicant, was present and introduced the other members of the development team. He reviewed several projects that East Wind Development had constructed in the area and noted they were a high - end developer and intended to do a first -class job on the residential community on High Ridge Road. There are two aspects requested. First, is the rezoning that would merge the three parcels, a residential parcel, proposed playing fields and the Imagine Charter School, into one Planned Unit Development (PUD). The School had left the PUD so a school could be built. The intent was to bring the School back into the PUD to enable drainage into the lake onsite and knit the school to the playing fields. Currently the students have to run in the parking lot or green areas. There was no request for an increase in the density. It is 10 units per acre and that was the proposed capacity. There would be no Land Use change or Comprehensive Plan change. The major site plan modification was for the residential section on the south end with eight buildings having 184 units. A central clubhouse, pool and club area with gated entries had been designed as a pedestrian - friendly community with the amenities within walking distance. There would be 48 one - bedroom, one bath units, 112 two- bedroom, two bath units and 24 three - bedroom and two bath units. The rents would range from $1,100 a month to $1,600 a month for three bedroom units. The architecture would be Key West style with amenities that include a 4,000 square foot clubhouse, pool and deck with WiFi access. There will be a fitness center, cyber cafe and a community room for resident functions. The features would include impact glass windows, nine -foot ceilings, stainless steel appliances and granite counter tops with wood cabinets. It would be a green community with Energy Star appliances, water conservation plumbing fixtures, recycled irrigation, drought resistant landscaping, reflective roofing and paint, plus other features. It would be professionally managed. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 The City -wide smart growth parking standards would be applied because the property is located within one -half mile of a TriRail station. The 15 criteria that had to be satisfied were met and approved by staff. The impact would result in a reduction of parking spaces from 380 spaces to 325 spaces or 1 77 parking spaces per unit. Three studies were reviewed by Kimley -Horn Consultants and all three indicated the average utilization of autos to units was 1.5 to 1.6 autos per unit. It is a gated community with all parking self- contained. Traffic flow has been another major concern All concurrency standards of Palm Beach County had been met. High Ridge Road is level of service "A ", the highest level of service. The area residents and neighbors related a totally different scenario existed. Another traffic study was completed after school started including a physical count. Several findings were revealed. While High Ridge is level of service "A ", the left turn at the intersection of High Ridge and Miner is more difficult at peak times. There are two high intensity uses with the two schools generating 1,300 trips in peak hours during the morning and afternoon dismissal. The new project would increase the count by 94 tnps in the morning and 114 in the afternoon. The neighbors were not happy with the level of traffic as it existed before the project is added. The solution includes placement of a decorative fence along the left side of High Ridge Road extending to the southern edge of the School Landscaping would be placed along the frontage area. A sidewalk would be placed from the southwest corner of Miner to the southern edge of the School with a sodded drainage swale and street lights installed on the west edge of Miner Road. The new traffic circulation would include a dedicated left-turn lane from the south into the project entry. A fourth lane would be added from the project entry down to High Ridge Road. The County advised the current traffic levels do not warrant a signal at the intersection of High Ridge and Miner Roads The addition of the right -turn lane was approved by the County. It was agreed that one year after the Certificate of Occupancy was granted, a new traffic study would be done to assess whether a four -way stop sign would be warranted or a traffic light. It was agreed a stop sign would be installed for three months before any decision would be made. A surety arrangement could be designed to cover the expense of a traffic signal if one was warranted There were two meetings with the neighbors to inform them of the project and seek suggestions for mitigating their concerns. It was suggested that curb and landscaping be added along the frontage and entrance to Cedar Ridge. It would prevent parking along the roadway and the applicant agreed to comply with the request There was another suggestion to extend the street lights up to Lake Worth Christian School to cover a dark area that would be done, subject to the City's approval. A third meeting was attempted, but the neighbors declined the invitation. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Mr. Weir summarized other neighbor concerns. There was concern the apartments would bring in more transient residents who will degrade the neighborhood. The units are high - quality and the project targets millennials, young people, new blood and those who work for area employers. In depth research revealed nine homes in Cedar Ridge had been rented and the average rent was $1,500 a month, less than the proposed rent for the project and considerably less on a rent per square foot basis. The units would be professionally managed with rules, leases and compliance requirements. In a more ad hoc setting as the private rentals in Cedar Ridge, there would be no standard rules or enforcement of regulations. The contention that property values would plummet is not supported by the data research. The recent sales of townhomes in Cedar Ridge averaged $160,000 per unit The projected value of the new units was established at $175,000 per unit. The assertion that the City of Boynton Beach had too many rental units was also reviewed. A national real estate firm was used to compare Boynton Beach with other local cities and found Boca Raton had 19 new multi - family projects and Delray Beach had 14 while Boynton Beach has five. It suggests Boynton Beach is not flooded with rental units, rather it Zags behind other municipalities. The vacancy rate in August was down to 3 2% Median rents increased 9.2% in the last year in Boynton Beach. There are fewer apartments in the City of Boynton Beach in 2014 than there was at the end of 2002. The question arose why single - family homes were not proposed. The single- family homes in the area are buffered from the industrial and commercial properties surrounding the area. The proposed site is not a good transition from the existing uses and single - family homes. There is an increased demand for rental properties for college graduates with extensive debt and having less job security, which is not conducive to home ownership. Those with ongoing credit problems are more cautious and the home ownership rate has declined to 59% in Palm Beach County. The project would be filling an important market and community need for good, quality housing. The economic benefits would include the addition of a $25 million investment in the community, expected to generate $5 million in tax revenue over the next 15 years, provide work for over 50 subcontractors and suppliers with many locally based. The City would benefit with $109,000 in park impact fees, $100,000 in public art fees, over $300,000 in building and permit fees and $500,000 in utility capacity fees. Palm Beach County would receive $1.1 million in impact fees Substantial infrastructure improvements would be implemented with the value of approximately $500,000 and it would be high - quality housing for a local workforce. The applicant was in agreement with all 40 conditions of approval of staff. The project would dramatically improve the appearance and frontage along the High Ridge Corridor and provide the City of Boynton Beach with economic benefit, bolster area businesses 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 and provide jobs with high - quality workforce housing to area employees. It will be a classic in -fill community. Commissioner McCray asked where Lincoln Property Management was located and Mr. Weir advised their southeast region was based in Duluth, Georgia with an office in Plantation. Commissioner McCray asked that the letter from the County be distributed to the Commission. Vice Mayor Casello inquired how the number of trips was calculated. Mr. Weir replied a single hour is studied during the peak period, 7 a m. to 9 a.m Chris Hagan with Kimley- Horn Associates, further explained the traffic study was performed using the rates and equations that are adopted by the Palm Beach County Traffic Division from the Institute of Transportation Engineers publication of the national standards. It is a one -hour period in the morning and one hour in the evening peak timeframe. The result was 94 trips. Over the course of a full day, every unit would generate multiple trips; however, during that one hour, it is not one trip for every single unit since the traffic is spread out over different schedules. Vice Mayor Casello questioned if the contractors and suppliers were already obtained and Mr. Weir advised contractors or vendors to be used was based on their experience with a project completed on Lake Osborne If the smart growth parking regulations did not pass, Vice Mayor Casello requested further information on the alternative. Mr. Weir explained there would be an option agreement with the School to create a strip along the north side of the property for 55 spaces to make up the difference There was a reporting requirement that if, after completion, there was a shortage of parking, the developer would be willing to exercise an option and create additional parking. The School would be building the athletic field and there had been discussion about infrastructure improvements. The School would benefit from the rezoning and would receive some benefit from the project. Ms. LaVerriere noted the Charter School was tax exempt as part of the School District. Vice Mayor Casello viewed the project as being 18.4 acres that had been divided for the sake of profit. There was now a request to re- create a single PUD. He supported growth in all areas of the City, but the proposed project did not fit into the small space available. The quality of life of the long -term residents has to be a consideration. The Planning and Development Board did not approve the project for multiple reasons. He would not support the project. Commissioner Fitzpatrick calculated the increase in traffic trips from the development was only 6% during the peak hours. Mr Hagan added there are multiple routes that the traffic will follow and disperse quickly. It is a fraction of what the schools generate. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Commissioner McCray sought clarification on the attempt to schedule a third meeting with the residents. Mr. Weir had offered to present the conceptual plans, but the residents advised they did not want to meet. Mayor Taylor recalled there had been input from the community before. He advised each individual wishing to address the Commission on the issue would be given 1.5 to 2 minutes to speak. Attorney Cherof reminded the audience a business meeting was being conducted and not a sporting event The applause and cheers should not be done so the meeting could move along and everybody is heard Cassandra Barbosa, 205 NE 3rd Street, a school teacher and former resident of Cedar Ridge, had lived in the area while growing up. The concern was the parking for those with two cars and the cost for a single person with one car living in the project. She did not see the project as beneficial to her age group. She felt more parking was essential. Danny Underwood, 28 Maplewood Court in Cedar Ridge, had spoken against the project at all the meetings. There is not sufficient parking planned. He did not understand how a project could be built without accommodating the needs of the residents of the project. The economic benefit has not been discussed. The other projects by the developer do not have the same type of ingress and egress issues. The gating of the western entrance to the school would be a real issue for the Charter School and parents dropping off their children Commissioner Merker asked if the arrangements for the 55 extra spaces had been completed. Mr. Weir advised it was suggested conceptually, but a presentation had not been done It could be a condition of approval Kelly Ann Sciullo, 7621 High Ridge Road, emphasized it was only an assumption that the apartments would be leased. She felt the units were not affordable and were not within walking distance of many retail businesses. It is not lighted and there are limited sidewalks. Joseph Basile, 5 Oakwood Court, a developer, had no problem with a rental project on the site He was more concerned with merging the property that was previously separated for economic gain. Approximately 1,000 students were added to the area, plus the ball fields and now 184 living units that would be part of the original PUD. The parking is not sufficient and projects in other cities have been rejected for the same reasons. Mr. Weir replied the total acres for the project is 8.33 acres. The rezoning was being done because the school had to go out and then come back in. Bifurcating the original parcel allowed the school to be built at the site. The density was not being increased. A school was not a permitted use for the original PUD. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Pam Whigham, 128 Spruce Street, agreed with Vice Mayor Casello's remarks. She added there had to be some measures provided for first responders. If a child got hurt, the rescue response time would be critical for any individual. She contended the road was not wide enough for the existing traffic and safety was a concern. Mr. Weir responded there was a third lane in the middle for turning and a proposed fourth lane. The middle lane would be suited for emergency responder access Steve Rosa, Vice President of Cedar Ridge Homeowners Association, residing at 17 Pepperwood Court, did his own traffic study and had a video available. It took him 12 % minutes to get out of Cedar Ridge from Miner Road and back. Tom Sutterfield, 3848 Edgar Avenue, had originally appeared before the Commission on behalf of the Charter School asking to build the school on the site. The intent was to stay in the PUD. It was a failed townhome community. Leaving the PUD meant using the lake for drainage was not an option. The green spaces in the back and front of the school are now drainage. The School bought the adjoining five acres A PUD is needed to build the soccer field LeAnn White, a teacher with Imagine Chancellor Charter School, advised the parents were present to ask for assistance in moving forward to provide a safe place for the children attending the school to play. Stephanie Stanley, Assistant Principal at Imagine Chancellor, contended it was a travesty to see the children play in a parking lot when the land has been purchased and the field now needs to be built. The school has a successful athletic program. Thirty minutes of recess a day is required for K -8 graders. It is a disservice to the children that the field cannot be built. Two teachers came forward and guaranteed the school would make the land they had paid for look good and do a first class job One of teachers had taught at the facility since 2001 The Athletic Director was present and was attempting to conduct an after school program, but there is no home field on which to compete. There were exciting plans for the space. Vice Mayor Casello inquired if the competitions would bring in even more traffic. The teacher explained the programs are limited and conducted late in the day. The attendance may increase at the events. Sammy Carrol, PTA President and parent of a student at the School, was saddened to hear her son talk about the heat and doing physical education on the parking lot. She was on campus frequently and the students deserved more than they were receiving for physical education. 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Kerlys Hall, 2128 NE 4 Court, had two children in the school. She wanted what was best for the children. She did not care about the developer, only the children. It was unfair to let the project halt the school's project Shay Lovelay, 1606 Nannette Court, Lake Worth, had children attending the school, but had considered removing her daughter from the school in light of the dangerous conditions that exist during the physical education periods. Her daughter had broken her arm and the year before broke her foot playing on the asphalt She was neither for or against the complex being built, but asked the Commission not to hinder the building of the sports complex. Dewayne Snyder, from 71 Street, advised it took him two minutes to cross High Ridge Road with his two -year old. When he drives out of his street, it takes him five minutes to access High Ridge Road. There are only two lanes and the congestion at the Hypoluxo and High Ridge intersection has not been addressed. John R. Archambo, 1912 72nd Street South, advised it took him eight to 11 minutes to get onto High Ridge Road. He was not against growth, but felt the new development was not appropriate at the proposed location. He urged the Commission to do the right thing for the community. Ed Brill, 7648 High Ridge Road, indicated he had to block his driveway in the morning because frustrated parents use his driveway to drop off their kids because the wait is so long. He supported the school, but felt they were being held hostage by the developer to get the soccer field into the PUD There should be separate issues. The traffic and property values would be negatively affected. Michele Brill, 7648 High Ridge Road, was concerned the area was not zoned for apartments initially. It affects the investment of all homeowners in the area. It was not fair to change the existing taxpayers' investment. There was also an issue with more traffic on the road when traffic was diverted off 1 -95. Walter Vosburgh, 107 Spruce Street, remarked the School should be allowed to develop their land for the children. The remaining property should be a separate issue. A traffic signal at High Ridge and Miner Roads would be a disaster He suggested stops signs be utilized for two months and the resulting chaos be studied. There would be gridlock in both directions. He reminded the developer that Boynton Beach is only 16 square miles while Boca is 20 square miles and Delray is 16 square miles except Boynton Beach has the highest population density with 4,217 people per square mile. Randi Flank, 115 Spruce Street, had attended both meetings with the developer. The first meeting was informative and the second meeting included the presentation with most of the data The third meeting was declined because the meeting before the 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Commission would be the ultimate public hearing. The Cedar Ridge residents were not refusing to meet, rather wanted to come to the Commission meeting as the next gathering. As far as concessions or suggestions, the developer should attempt to resolve the issues to be a good neighbor to everyone. Mia Hall, 2128 NE 4 Court, a student, wanted her soccer field and she was tired of playing on the concrete road She had gotten hurt with a twisted ankle and she did not want to be injured again. Susanne Cabrera, President and CEO of the Housing Leadership Council, 2102 Vista Parkway, West Palm Beach, reported the first challenge to recruit and retain companies is the housing stock. She disagreed that renters were transients and was personally offended by the opinion that renters are a worse choice for a neighborhood The units were, in her opinion, too expensive. The high rents would retain the property values and not be a problem. John Carter, Board Member of the Palm Beach County Chamber of Commerce and member of the Executive Committee, spoke from a business community perspective that a diverse housing stock is absolutely key to the business community. The Chamber feels this is a quality developer and quality project and there is a need. As the traffic engineer related, the problem is not the project creating only a 6% traffic increase. The problem is the existing development in the area. The proposal presents a curative benefit to start dealing with some of the issues which the applicant has done so Mary Bedford, Executive Vice President of the Central Palm Beach County Chamber of Commerce, presented her letter that supported the project. Their strategic focus is business retention and expansion. The housing development would attract the stem industry of highly educated, qualified students emerging into the job markets and industries. There is a real shortage of this type of housing in all of South Florida. Boynton Beach is a central location and a perfect area for growth. Hal Bryan, 3 Oakwood Court, was a new resident with development experience, who speculated when the development was completed and the playground completed, the traffic problem will only be the beginning because High Ridge Road will have to be widened John Potter, 19 Pepperwood Court, reiterated his previous remarks that he moved to the area to give his daughter a safe place to grow. He is now in a position to buy a house and wanted to make a solid commitment to the neighborhood in which he resides The fields do need to be built, but it should not be tied to the development. If single - family homes were required another developer would come forward because there is money to be made at the location. Mr. Potter suggested the current developer find another location for his project. Many of those speaking in support of the project do 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL not live in the immediate area, rather parents of the students. Those opposed to the project are the neighbors who want to live and stay in a safe area. Matt Zeragno, 720 Presidential Drive, a senior at Lake Worth Christian School, drove through the area daily. It is a serious obstacle to navigate High Ridge Road from Gateway Boulevard. He thought it was horrible the school was being chained to the development. Everyone is losing and it needs to be addressed. No one else coming forward, Mayor Taylor closed the public hearing October 7, 2014 Mayor Taylor commented the main concern is the traffic on High Ridge Road. It is terrible for two hours in the morning and two hours in the afternoon. All schools create traffic issues during arrival and departure of the students. A traffic signal or stop signs may not work to alleviate the gridlock. The problem exists before the development is built because there are two schools in the area. The residents are not doing anything to resolve the issue. The development would add some traffic. The access road to the west of the property is two lanes going one way in the morning and one way in the afternoon going out. The access will not be blocked by the development. The problem exists currently and if the project goes forward there may be some solutions with the left turn lanes and right turn lanes easing some of the congestion. Other improvements would be the additional sidewalk, lighting and landscaping and curbing on Cedar Ridge property. It may alleviate some issues, but the peak hours will still be bothersome as it is for any school in the County. The property values are currently going down and the project has not begun. The additional development will bring in property values higher than those that exist in the area. The developer has to provide the parking for the project and the Code requirements are being met. They do have an alternative to add more parking if needed. Mayor Taylor saw the project as a means to address some issues rather than making it worse. Vice Mayor Casello was familiar with the area and respectfully disagreed with the Mayor's assessment that the project would help the situation. He sympathized with the school and the lack of a play area for the students, but considered it poor planning on the part of the School and its Board of Directors. Combining the athletic field with the project is not appropriate. Vice Mayor Casello reminded the Commission the request was to add 184 units of transient housing on eight acres of land It was a great project but was not appropriate for the area and location A single - family home development on the same eight acres could be profitable. He asked the Commission to agree with the Planning and Development Board and vote no on the project. The project will have an adverse effect on the quality of life on the residents. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner McCray noted every District has problems with schools and traffic. This is a great project He would not vote against the project because what is best for all of Boynton Beach has to be the determining factor. When developers are willing to come into the City, a few citizen complaints cannot dominate the issue. It would send a very negative message to the development community and businesses that want to come into the City Commissioner Fitzpatrick recalled the horse farm on the proposed site was bulldozed before the City had a conservation plan Cedar Ridge was a natural resource area and that is why there is a set aside. He did not understand why a school would be built piece meal without knowing how it would fit together. Making the purchase price conditional on zoning changes was not logical to Commissioner Fitzpatrick. The School is currently at maximum capacity as established by the County He was on the Metropolitan Planning Organization and was educated on the roads in Palm Beach County. The developer is offering the best resolution because the County is not going to do any improvements. The money for roads has been transferred to Palm Tran so the funding is not available. He pointed out the roads are four lanes at the intersection and extra lighting and a sidewalk would be installed. Those costs have to be recouped by a percentage of the cost assessed to each unit. The fewer units will result in fewer improvements Construction models will change drastically over the next few decades and the proposed project is going in the right direction. The younger generation has a different attitude toward car ownership and fewer parking spaces will be needed Commissioner Fitzpatrick was marginally in favor of the project, but he believed a Commissioner should have some pull in their District, so he would support Vice Mayor Casello's position Motion October 7, 2014 Commissioner McCray offered a motion that Proposed Ordinance 14 -013 be approved. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll The vote was 3 -2 (Vice Mayor Casello and Commissioner Fitzpatrick dissenting). Vice Mayor Casello asked if the vote could be reconsidered and Mayor Taylor advised it could not PROPOSED ORDINANCE NO. 14 -014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14 -002) from R -2 (Single and Two - Family Residential District) to a PUD to be combined with 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Commissioner McCray moved to remove the item from the table. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 14 -014 by title only, on first reading. It was also a quasi - judicial proceeding, but the Commission had consolidated the issue with the previous item and the following item. Attorney Cherof asked if the applicant had any objection to dealing with the request without any further presentation. Mr. Weir agreed Motion Vote October 7, 2014 adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road Applicant: Ron Roan, High Ridge Housing, LLC. (TABLED TO 10/7/14) Commissioner McCray moved to approve Proposed Ordinance No 14 -104. Commissioner Merker seconded the motion. City Clerk Prainito called the roll The vote was 3 -2 (Vice Mayor Casello and Commissioner Fitzpatrick dissenting). Motion B. Approve a Major Site Plan Modification (MSPM 14 -002) to allow construction of 184 multi - family rental units (High Ridge Landing) consisting of eight (8) two - and three -story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned Unit Development) zoning district Applicant: Ron Roan of High Ridge Housing, LLC. (TABLED TO 10/7/14) Commissioner McCray moved to remove the item from the table. Commissioner Merker seconded the motion. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. October 7, 2014 Attorney Cherof advised the item should be placed back on the agenda because the site plan cannot be adopted until after second reading of the two preceding Ordinances. Ms. LaVerriere advised they would all be heard on November 5t Motion Commissioner McCray moved to table to November 5 Commissioner Merker seconded the motion. Vote The motion passed 4 -1 (Vice Mayor Case//o dissenting). 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL Motion A. PROPOSED ORDINANCE NO. 14 -020 - SECOND READING - PUBLIC HEARING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14 -002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City- initiated. (TABLED -- TO BE HEARD ON 10/7/14) 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 Commissioner McCray moved to remove the item from the table. Commissioner Merker seconded the motion Vote The motion passed 4 -1 (Vice Mayor Casello dissenting) Attorney Cherof read Proposed Ordinance No. 14 -020 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -020. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Vice Mayor Casello dissenting). Motion B. PROPOSED ORDINANCE NO. 14 -023 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the site of the Boynton Woman's Club located at 1010 South Federal Highway, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 14 -023 by title only, on second reading. Mayor Taylor opened the issue for public hearing. Michele Walter, President of the Boynton Woman's Club thanked the Commission. The organization was happy to receive the designation. She thanked Warren Adams and staff for their cooperation and the Community Redevelopment Agency for their assistance with the restoration of the windows and doors. Commissioner Merker moved to approve Proposed Ordinance No. 14 -023. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL October 7, 2014 C PROPOSED ORDINANCE NO. 14 -024 - SECOND READING - PUBLIC HEARING - Approve the extension of the current Mobile Vending Unit regulations for a period of 90 days. Attorney Cherof read Proposed Ordinance No. 14 -024 by title only, on second reading. Mayor Taylor opened the issue for public hearing No one came forward. Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -024. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO 14 -025 - SECOND READING - PUBLIC HEARING - Approve ordinance dissolving the Quantum Community Development District Attorney Cherof read Proposed Ordinance No. 14 -025 by title only, on second reading Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -025. Commissioner Merker seconded the motion Vote City Clerk Prainito called the roll The vote was 5 -0. E. PROPOSED ORDINANCE NO. 14 -027 - FIRST READING - Approve Amendment to Ordinance 13 -003 to restate the terms of appointees Woodrow L. Hay and James "Buck" Buchanan Attorney Cherof read Proposed Ordinance No. 14 -027 by title only, on first reading. Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -027. Vice Mayor Casello seconded the motion 29 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Merker wanted to advertise the openings to give citizens the opportunity to volunteer for the Board. It would not exclude those currently seated from applying. Those who serve on the Board have done so with distinction, but new participants would be invaluable. Commissioner Merker suggested advertising should be initiated in December since the opening would be available in March. Commissioner Fitzpatrick had discussed the matter with Ms Brooks who contended it would only apply to Woodrow Hay's seat on the Board. Vice Mayor Casello informed the Commission James Buchanan should have been appointed for four years and not two years. The request is to extend his term to the four years Commissioner Merker indicated his position was the applications would be in addition to opening the matter to the public for their participation Vote City Clerk Prainito called the roll. The vote was 5 -0. Commissioner Merker remarked it was unfortunate there was a closed -door policy. Attorney Cherof read Proposed Ordinance No. 14 -028 by title only, on first reading. Motion October 7, 2014 F PROPOSED ORDINANCE NO. 14 -028 - FIRST READING - Approve the abandonment of an existing 12 ft. utility easement along Military Trail as part of the construction of a Walmart store at Military Trail and Coconut Lane. Accept dedication of additional right -of -way to Palm Beach County. Commissioner McCray moved to approve Proposed Ordinance No. 14 -028 Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick questioned how the City could have an easement so far west. Colin Groff, Utilities Director, explained the utility service area extends four blocks west of the City limits Vote City Clerk Prainito called the roll The vote was 5 -0 14. FUTURE AGENDA ITEMS 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL B. Commission discussion and direction for the Financial Advisory Committee for the FY 14/15. - TBD 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:57 p.m. ATTEST. A Adopt FY 14/15 Strategic Plan Action Agenda - 10/21/14 et M. Prainito, MMC ity Clerk its ith A Pyle, CMC/ eputy City Clerk t in ig ici-Libt.t,to 31 CITY OF BOYNTON BEACH o Casello, Vice Mayor David T. Merker / c ray, Commi October 7, 2014 Michael M. itzpatrick, Commiss