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Minutes 11-18-14PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 18, 2014 AT 6:30 P.M. Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation by Dr. Buz McNutt of the First Baptist Church of Boynton Beach Pledge of Allegiance to the Flag led by Vice Mayor Casello Mayor Taylor called the meeting to order at 6:32 p.m. Dr. McNutt delivered an invocation. The Pledge of Allegiance to the Flag was led by Vice Mayor Casello. Motion Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted the City Attorney had an additional item for a closed -door executive session that would be added as Item 13.B. Vice Mayor Casello pulled Item 6.G. Commissioner Merker pulled items 6. I, 0, P and R. Commissioner Fitzpatrick pulled Items 6. C and F. 2. Adoption Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 1 Lori LaVerriere, City Manager Shana Bridgeman, Assistant City Attorney Janet Prainito, City Clerk MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2. OTHER November 18, 2014 A. Informational items by Members of the City Commission Commissioner Fitzpatrick had attended the Veterans Day Celebration with the entire Commission. He also attended the League of Cities, District II and III luncheon. Vice Mayor Casello indicated the Veterans Day Ceremony was another great job by Tom Kaiser. Commissioner Merker announced for Lori Wilkinson, that the Reading Oasis would open Friday, November 21 at 3:30 p.m. at Rolling Green Elementary School. The public was invited. The Fire Benevolent Association, Police Department and other education advocates had supported the efforts. Commissioner McCray had attended the events mentioned and wished everyone a Happy Thanksgiving. Mayor Taylor did go to the Veterans ceremony and the Harvest Fest sponsored by the Chamber of Commerce that was held at Intracoastal Park. It was an event with many children activities and hopefully it would grow bigger and better each year. He had attended a meeting at Hunters Run when over $8,500 in donations were distributed. Some of the recipients were the Boynton Beach Police and Fire Departments, Caridad Center, Bethesda Hospital and Community Caring Center. There was also $3,000 given to the Recreation and Parks for the Barrier Free Park which has been done by Hunters Run each year since the project began. Mayor Taylor thanked Hunters Run and commended them for their donations to the community and residents. Commissioner Merker was a resident of Hunters Run and knew the Board sought charitable organizations to give their donations. Mayor Taylor announced the City employees donated over 2,835 food items and $312 for the Community Caring Center, tripling last year's total. He personally thanked those who donated foods that would provide Thanksgiving dinners to needy families in the community. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. In observance of the Jewish holiday of Hanukkah, the second meeting in December will be held on Monday, December 15, 2014 at 6:30 p.m. in the City Commission Chambers. The second meeting in December would be held on Monday, December 15 because Hanukkah would commence on December 16 the regular meeting date. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL B. The City announces the winners of the first annual Boynton Beach Focus on Planning Photo Contest which include Hope Spears (People's Choice Award and Youth Category Award), Felicia Houtenbrink (Adult Category Award), and Elen Budish (Special Mayor's Award). GiGi Cazu, of the Economic Development Department, proudly presented the awards for the photos that depicted the building environment and urban design in Boynton Beach. The People's Choice Award and Youth Category Award were presented to Hope Spears. Felicia Houtenbrink received the award in the adult category for the nature and build environment. The Special Mayor's Award went to Elen Budish for her photo of Galaxy Elementary School, the greenest building on earth. 4. PUBLIC AUDIENCE 3 November 18, 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) Jonathan J. "Dog" Letterman, 9141 Sunrise Lakes Boulevard, Sunrise, Florida spoke about South Florida Gold and the American Basketball Association that was off to a 6 -0 start in the season . The team is rated 2 in the nation out of 90 teams. Every home game is designated to assist a specific charity, homeless shelter or veteran program. The games are played at Boynton Beach Community High School and he invited everyone to their game on December 13 at 7 p.m. and 4 p.m. on December 14 There is now a team from Tokyo competing in the League. December 20 would be a Slam Dunk Cancer night beginning at 7 p.m. and telecast through ESPN 3. The games are high - flying and fast - paced. Mayor Taylor congratulated the team for their ranking. Woodrow Hay, 427 NW 5 Avenue, gave an update on the Mental Health Advisory Committee. The first goal was to build an education and awareness campaign that included six objectives that were outlined. There was an ongoing contest to create a logo for the Committee. The Committee was moving forward with all the objectives and Mayor Taylor was pleased with their efforts to date. Commissioner McCray advised Reverend Hay had become certified as a Chaplain for the Police Department. It required a week of classes and a new appreciation of the responsibilities with the Police Department. Suzanne Ross, Director of the Schoolhouse Children's Museum, gave an update that the month of October included a "Spooktackular" Haunted House requiring 35 cast and volunteer crew members who welcomed over 2,500 guests. November has been strong with solid visitation figures and program attendance with a variety of activities in the future. Friday Fun Days would commence in December with specific themes for each MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL event. There will be a holiday gift bazaar, a Hanakkah celebration and much more to come. Ms. Ross thanked those who volunteered or supported the many events. Veronica Bragg, the new manager at the Boynton Beach Mall, introduced herself to the Commission. The Mall was in a great location and had so much potential. Changes were targeted for the next couple years and she hoped to remain a part of the success. Their main goal was to interact with the community and events to reach out to the residents. Mayor Taylor welcomed her to the City of Boynton Beach. 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 Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate There were no applicants for the vacant positions. 6. CONSENT AGENDA 4 November 18, 2014 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R -14 -112 - Authorize the City Manager to execute a three -year Service Agreement between FPL FiberNet, LLC and the Boynton Beach City Library with an annual cost of $15,312 for high speed Internet connectivity. B. PROPOSED RESOLUTION NO. 14 -113 - Authorize the City Manager to execute an Addendum to the Provider Agreement with MD Now Medical Centers, Inc. to provide Physician Services for the City of Boynton Beach for the period January 4, 2015 through January 3, 2016. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL November 18, 2014 C. PROPOSED RESOLUTION NO. R14 -114 - Approve amendment #1 to the interlocal agreement between Palm Beach County and the City of Boynton Beach; Agreement #R2013 -0166 for Oyer Park Boat Access Channel Dredging revising the completion date from November 30, 2014 to September 1, 2015. Commissioner Fitzpatrick requested staff explain the program and the funding sources. Jeff Livergood, Director of Public Works and Engineering, explained, over a year ago, an interlocal agreement with Palm Beach County enabled the channel to be dredged from the boat ramps at Oyer Park to the Intracoastal water way. The County was doing work in the area and some economy of scale was gained by having the County do the work for the City. They bid the work, designed the job and permitted the work. The City of Boynton Beach pays for the cubic yards that are excavated. The agreement was being done to ensure the completion dates with the contractors would coincide with the County's agreement with the contractor. Mr. Livergood estimated that 30% to 40% was saved by entering into the agreement. Commissioner Fitzpatrick surmised the agreement was a goodwill gesture from the County. If the County Commission became irritated for throwing a gift back in their face, this agreement could be terminated. Commissioner Fitzpatrick reiterated his request that the 4.5 acres at Lake Ida should be bought from the County, so this program or similar programs are not in jeopardy. Commissioner Merker understood it was done regularly and a plus for the City of Boynton Beach. Motion Commissioner Merker moved to approve Item 6.C. Commissioner McCray seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R14 -115 - Approve a new five year Master Agreement between SirsiDynix and the Boynton Beach City Library, as a member of COALA (Cooperative Authority for Library Automation), for the operations of a shared library automation system . E. PROPOSED RESOLUTION NO. R14 -116 - Authorize the City Manager, Lori LaVerriere, to apply and execute agreements and documents associated with the Florida Recreation Development Assistance Program (FRDAP) grant on 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Fitzpatrick pointed out this was another Interlocal Agreement with the County helping the City of Boynton Beach. Wally Majors, Director of Recreation and Parks, noted it was a program funded through the County's Drowning Prevention Coalition that provides vouchers for children to have access to free swimming lessons. Ms. LaVerriere added approximately 150 children participate in the program. Commissioner Fitzpatrick asserted the goodwill of the County was necessary to keep the program viable for Boynton Beach children. Motion Commissioner Merker moved to approve the agreement. Commissioner Fitzpatrick seconded the motion. behalf of the City of Boynton Beach. To meet the submittal deadline, staff has already mailed the application, which can be rescinded if necessary. F. PROPOSED RESOLUTION NO. R14 -117 - Approve the Interlocal Agreement between the City of Boynton Beach and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. Commissioner McCray recognized the citizens of Boynton Beach pay money to the County in taxes. It is not really goodwill. The residents are getting a return on their investment. Mayor Taylor added the County shares with all cities. Vote The motion passed unanimously. November 18, 2014 G. PROPOSED RESOLUTION NO. R14 -118 - Authorize the City Manager to sign Interlocal Agreement with Palm Beach County reference the City maintaining interoperability with its radio system and the County's. The County is replacing its public safety radio system with one that is APCO P25 compliant. If the City wants to maintain the interoperability it currently has it needs to move forward with replacing its current radio system with an APCO P25 compliant one as well. Vice Mayor Casello asked if the request coordinates with the future radio acquisition. Ms. LaVerriere noted the City would partner with Palm Beach County, Boca Raton and Delray Beach to jointly fund the hiring of a consultant to do a needs assessment and financial analysis to migrate to a new system. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL November 18, 2014 Vice Mayor Casello inquired, if the P25 would be an entire new system. The Palm Beach County Facilities Development and Operations Director advised a vendor neutral RFP (Request for Proposal) was being developed for new technology using non- proprietary protocols so there is greater interoperability in the event of mutual communication. Multiple vendors could be utilized. It was understood each City would have to buy the new equipment. The new equipment should be selected with the intent to continue to use the County's main brain, but the City could buy from another vendor and use their own equipment. The goal would be to maintain the interoperability. Vice Mayor Casello questioned if the fire or police dispatch would be County run, would the County pay the expense for the new system. It was explained that each of the four types of dispatch would be a separate decision the Commission would have to make. If centralized dispatch is decided, the County would own the radios. Each City would have to make decisions on replacing their own radio system. The actual subscriber radios are not part of the request before the Commission; rather the network and system towers. The cost would have to be negotiated. Commissioner Fitzpatrick surmised there would be open protocol and if different systems were used, interoperability would be maintained. Commissioner McCray asked if the money had been budgeted for the request. Ms. LaVerriere replied the $12.50 monies from tickets would be utilized for the expense of the study. The needs and financial assessment has to be completed and then the budgeting done quickly for the next few years. It was anticipated the information would be available for budgeting the next fiscal year. Vice Mayor Casello understood the Fire Chief was concerned with delays in dispatching if the County was utilized, but felt there should be an assessment of the possibility of using the County for dispatching. The anticipated cost of $2.5 million could be avoided if County dispatch were utilized. Commissioner McCray agreed all options should be investigated. Commissioner Merker requested input from Chief Carter who advised there were clear differences between the two systems. The protocols are not the same. The other dispatch systems would remain with the City as the primary answering point. The calls would then have to transfer from the City, to the County before the local units would be dispatched, adding an additional step. Chief Carter understood the request was simply for a study to be undertaken. Vice Mayor Casello reiterated his suggestion that an assessment of the possibility of change be investigated. Chief Carter indicated other cities use the County, but the main MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion November 18, 2014 9 -1 -1 answering remains with the City and the calls transfer to the County and then back to the local units. Mayor Taylor contended the discussions could be undertaken after the requested study is completed. Vice Mayor Casello moved to allow City staff to go forward to see about the pros and cons of going to the County with the dispatch system. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Motion Commissioner McCray moved to accept Proposed Resolution R14 -118. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. H. PROPOSED RESOLUTION NO. R14 -119 - Approve and authorize a master services agreement with BroadbandOne, LLC, d /b /a Host.net for colocation services in the amount of $500.00 a month for 36 months. I. PROPOSED RESOLUTION NO. R14 -120 - Approve resolution strongly objecting to recent action taken by the Palm Beach County Board of County Commissioners to withdraw Palm Beach County from the Treasure Coast Regional Planning Council and to request membership in the South Florida Regional Planning Council instead; and strongly supporting the County's continued membership in the Treasure Coast Regional Planning Council Commissioner Merker asked why the County had withdrawn from the Treasurer Coast Council that had done a nice job for the City of Boynton Beach. Ms. LaVerriere reported most municipalities were not in favor of the action of the County. There has been a thriving partnership with the Treasure Coast Council who has done a downtown redevelopment plan, helped obtain grants and assisted with Land Development Regulations for the City of Boynton Beach. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor interjected the County was dissatisfied with the Treasure Coast Council because they took a positive approach to All Aboard Florida. Vice Mayor Casello understood the County was simply exploring the possibility of changing. Ms. LaVerriere indicated the resolution was done in consensus with the Palm Beach County League of Cities. Motion Commissioner McCray moved to approve Item I. Commissioner Merker seconded the motion. Vote The motion passed unanimously. J. Approve closing City Hall on Friday, December 26, 2014. Motion Commissioner McCray moved to pull Item J from the Consent Agenda. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Commissioner McCray mentioned the closing of City Hall on Friday, December 26 would be a paid holiday for the employees. Mayor Taylor indicated there would be a skeleton crew to work and it could be a Christmas bonus to all of staff to close City Hall the day after Christmas. Motion Commissioner McCray moved to close City Hall on December 26, 2014. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Ms. LaVerriere, speaking on behalf of all employees, thanked the Commission for allowing the employees to have a longer holiday weekend. Mayor Taylor and Vice Mayor Casello agreed it was well deserved. 9 November 18, 2014 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL November 18, 2014 K. Approve the extensions for RFPs /Bids and /or piggybacks for the procurement of services and /or commodities as described in the written report for November 18, 2014 - "Request for Extensions and /or Piggybacks ". L. Accept the written report to the Commission for purchases over $10,000 for the month of October 2014. M. Approve utilizing the General Services Administration (GSA) Contract #GS - 07F-0396M pricing for contractual fire alarm system services and repairs from Simplex Grinnell LP in the amount of $69,463.00 (expires 06/30/17). The GSA contract procurement procedures meet or exceeds the City of Boynton Beach competitive bid requirements. N. Approve funding in the amount of $12,000 for a Rent Reimbursement Grant to Global Business Development, Inc., 3200 S. Congress Avenue, #104, Boynton Beach, Florida 33426. O. Approve funding in the amount of $12,000 for a Rent Reimbursement Grant to Copper Top Brewery LLC, 151 Commerce Road, Boynton Beach, Florida 33426. Commissioner Merker had pulled Items 0 and P to find out how many jobs had been created. Nancy Byrne, Director of Development, indicated the owners were present and could give an overview of their venture. Two representatives came forward and expressed their appreciation for allowing the business to open in the community and the potential grant. Both gentlemen had over 15 years each in the brewery business. They felt Boynton Beach was a great location and central to the region with available space. High -end equipment was purchased to build a quality, scalable, long -term business. There will be four to six manufacturing positions in the first year. Jobs will be created for cleaning functions up to those with chemistry backgrounds. The tap room will employ eight to ten staff. State -wide distribution in the future is the ultimate goal that will need staff with marketing backgrounds and supply chain distribution individuals to assist with the growth potential. Local contractors were being used as much as possible. Vice Mayor Casello thanked them for choosing Boynton Beach. Motion Commissioner Merker moved to approve Item O. Commissioner McCray seconded the motion. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion Commissioner Merker moved to approve Item. P. for a Commercial Build Out Grant. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Q. Approve the minutes from the Regular City Commission meeting held on November 5, 2014. R. Approve travel 1) for Mayor Jerry Taylor to attend a legislative committee day in Tallahassee on January 21, 2015, and 2) up to three City Commissioners to attend Palm Beach County Days in Tallahassee, FL from March 3 -4, 2015. Commissioner Merker volunteered to attend both events due to his background. Commissioner McCray felt it should be done on a rotating basis. Mayor Taylor offered to allow Commissioner Merker to go to the legislative session and then he and two other Commissioners could go to Palm Beach County Days. Motion 11 November 18, 2014 P. Approve funding in the amount of $15,000 for a Commercial Build Out Grant to CopperTop Brewery LLC, 151 Commerce Road, Boynton Beach, FL. 33426 Commissioner McCray offered a motion to allow Commissioner Merker to attend the legislative session. Vice Mayor Casello wanted to attend Palm Beach County Days as did Commissioner Fitzpatrick. Commissioner McCray had attended in the past and would not be attending. Vice Mayor Casello added it was important that the Mayor and City Manager attend both events with the other Commissioners going to Palm Beach County Days. Mayor Taylor summarized the discussion that the Mayor, City Manager and Commissioner Merker attend the legislative session and the Mayor, City Manager, Vice Mayor Casello and Commissioner Fitzpatrick attend the Palm Beach County Days. Mr. LaVerriere advised the March Commission meeting would have to be cancelled or rescheduled if three Commission members are away. Commissioner Fitzpatrick felt, MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL November 18, 2014 due to continuing budget constraints Commissioner Merker should only attend one event and he selected the legislative session. Motion Commissioner McCray moved to approve Mayor Taylor and the City Manager going to both sessions, Commissioner Merker attending the legislative session and Vice Mayor Casello and Commissioner Fitzpatrick attending Palm Beach County Days. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R14 -121 - Approve and authorize the City Manager to sign the sixty (60) month Application Service Provider agreement with SunGard Public Sector Inc., effective January 1, 2015, to host their integrated HTE government application - software package and the City's data at SunGard's secure data - center. The total sixty (60) month cost is $1,004,304.96, in accordance with the attached agreement. Motion Vice Mayor Casello moved to approve the Resolution. Commissioner McCray seconded the motion. Vice Mayor Casello voiced concern with the five year commitment. He suggested leasing may be a better approach. Ms. LaVerriere explained it was the enterprise system that runs the City's financial system. It would cost $500,000 to leave the current system. It has been a tremendous investment and the vendor would not change for another five years due to the cost for an entire new system. The implementation of a new system would take two years. A one or two year contract would be more expensive for annual maintenance. Five year increments have been used in the past. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R14 -122 - Approve and authorize the City Manager to execute Task Order U -1A -01 with Globaltech, Inc. for a not -to- exceed fee of $198,788 for construction management services for the Raw Water Main - Section C project. This is in accordance with the approval of 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion November 18, 2014 RFQ 017 - 2821 -14 /DJL, General Consulting Services, Scope Category A as approved by the City Commission on July 1, 2014. Commissioner Fitzpatrick moved to approve Resolution R14 -122. Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick sought clarification on the location of this phase of the project. Colin Groff, Utilities Director, indicated it was the third phase running from west of Congress Avenue on Woolbright Road and drilled under the canal, CSX Railroad and I- 95 to the Little League Park and ties into the existing system. The cost was negotiated because much of the expanse is drilled and not open cut pipe with a much shorter construction period. This is not construction cost, rather construction services. The construction will be bid separately with a budget of over $8 million. Vote The motion passed unanimously. Motion C. PROPOSED RESOLUTION NO. R14 -123 - Approve a Professional Services Agreement for "Building Division Services ", RFP No. 076- 2411- 14 /JMA, with C.A.P. Government, Inc. of Weston, FL for a one -year term, on an "As Needed" basis. Commissioner McCray moved to approve Resolution R14 -123. Commissioner Merker seconded the motion. Commissioner McCray remarked he was pleased the services would be used on an "as needed" basis. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R14 -124 - Approve and authorize the City Manager to execute Task Order U -1 B -03 with Mathews Consulting, Inc. for a not to exceed fee of $194,924.44 for the design of necessary improvements to Lift Station 309 and subsequent support of the bidding and construction process. This is in accordance with the approval of RFQ 017 - 2821 -14 /DJL, General Consulting Services, Scope Category B as approved by the City Commission on July 1, 2014. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion November 18, 2014 Commissioner McCray moved to approve Item. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE and 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. A. PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (Applicant requests tabling to 12/02/14) B. PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (Applicant requests tabling to 12/02/14) C. PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (Applicant requests tabling to 12/02/14) D. PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (Applicant requests tabling to 12/02/14) 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion November 18, 2014 E. Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant/Owner K. Hovnanian T & C Homes at Florida LLC. (Applicant requests tabling to (12/02/14) Commissioner McCray moved to table Items A, B, C, D and E to December 2, 2014. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Results of the on -site FCIC /NCIC records compliance audit results conducted by the Florida Department of Law Enforcement (FDLE) on the Police Department's Records Unit on Tuesday, October 21, 2014. Ms. LaVerriere indicated the audit is intense with an in depth inspection of records and timeliness of reporting to the State. There was a 100% compliance rating when completed and she was very proud. Major Steele thanked, primarily Sergeant Matson who is in charge of the Records Division. Some of the Department's processes were requested to be used for models for other departments. All the personnel had done a great job. Vice Mayor Casello commented good police work is not just about catching the bad guys. He was very proud of the Police Department. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. (1) PROPOSED ORDINANCE NO. 14 -029 - SECOND READING - PUBLIC HEARING - Approve addition of Non - Discrimination Policy. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion November 18, 2014 Commissioner Merker moved to approve Ordinance 14 -029 on second reading. Commissioner McCray seconded the motion. Attorney Bridgeman read Proposed Ordinance No. 14 -029 by title only, on second reading. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. Commissioner Merker remarked he hoped the businesses of Boynton Beach would offer the benefits for all residents. (2) PROPOSED ORDINANCE NO. 14 -030 - SECOND READING - PUBLIC HEARING - Approve addition of The Boynton Beach Domestic Partnership Act. Attorney Bridgeman read Proposed Ordinance No. 14 -030 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 14 -030. Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Mayor Taylor advised he would vote against the Ordinance because it was superseding State law at this time that does not recognize same sex marriages. Commissioner Merker strongly disagreed with the Mayor's position and contended it was moving the City forward. Vice Mayor Casello respected the Mayor's opinion as did Commissioner McCray. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Mayor Taylor dissenting). B. Request for closed -door executive session. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS 15. ADJOURNMENT (Continued on the next page) 17 November 18, 2014 Attorney Bridgeman requested a private attorney - client session with the City Commission to discuss two class- action lawsuits; Annie Migdal, individually and on behalf of all others similarly situated vs. City of Miami, ATS Processing Services, LLC filed in Miami Dad County Case No. 14027132CA01 and a second class- action lawsuit, Jeffery Passman, Donna Check William Dean, Jesus Poli, Steven Holtz, et al vs. State of Florida, City of Tallahassee, City of Apopka, City of Aventura, City of Boca Raton, City of Boynton Beach, et al, a federal case filed in US District Court, Case No. 14 -CV- 00578 -RH -CAS. The cases arise from red Tight camera enforcement throughout theState. The City of Boynton Beach has not yet been served. To expedite the process, Attorney Bridgeman requested that an executive session be set for the Commission meeting immediately following the date of service. Vice Mayor Casello moved to set an executive session for the first Commission meeting following service on the City of Boynton Beach. Commissioner McCray seconded the motion. A. Discuss process to appoint the CRA Board seat that will become vacant in March, 2015. Commissioner Merker requested the City Commission discuss how the selection process would take place - December 2, 2014. There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:53 p.m. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: Vi �t M. Prainito, MMC ity Clerk e ith A. Pyle, CM p ut City Y Clerk CITY OF BOYNTON BEACH 18 ry Tay ay�- 41 David - o r Casello, Vice Mayor November 18, 2014 Mack McCray ommissioner Michael M. Fitzpatrick, Comm .sioner