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Minutes 09-16-14MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 16, 2014 AT 6:30 P.M. PRESENT Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Casello 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was given by Commissioner McCray, followed by the Pledge of Allegiance to the Flag led by Vice Mayor Casello. A roll call revealed all members were present. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor suggested moving Item 13.G to immediately following Item 2.B. Vice Mayor Casello requested that Item 6.1 be pulled for discussion. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 2. OTHER Attorney Cherof read Proposed Resolution No. R14 -086, by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. R14 -086. Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote The motion passed unanimously. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote The motion passed unanimously. Motion SEPTEMBER 16, 2014 A. Conduct a second Public Hearing for the Fiscal Year 2014 -2015 Budget in order to: 1. PROPOSED RESOLUTION NO. R14 -086 - Adopt the Final millage rate for the General Fund for Fiscal Year 2014 -2015. 2. PROPOSED RESOLUTION NO. R14 -087 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2014 -2015. B. PROPOSED RESOLUTION NO. R14 -088 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2013 -2014. Commissioner McCray moved to approve Proposed Resolution No. R14 -088 and Commissioner Merker seconded the motion 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. (At this time Item 13. G was discussed.) C. Informational Items by Members of the City Commission SEPTEMBER 16, 2014 Commissioner McCray had attended services for Robert Charles Lambert and thanked the Commission for the Citation that he read at the funeral. Commissioner McCray also disclosed he had met with the lawyer representing Johnson Memorial Chapel regarding the conditional use request. Commissioner Fitzpatrick and other Commissioners had gone to the Business Development Board Gala and the Chamber of Commerce luncheon that included the Mayor's State of the City address. He went to the 9 -11 ceremony in Veterans Park. Commissioner Fitzpatrick attended a pre - appraisal meeting for the 4.85 acres on Lake Ida and met the owner of the property to the north and developer Paladino. Mayor Taylor disclosed he had met with Dr. Weinstein with Family Central, who assist families with child care cost. There are over 3,000 children in families where parents work and need assistance with child care. There are 741 more children on a waiting list. The program is funded with $665,000 from the State. For every dollar that the City contributes, the State adds $57.99 to the funds. Mayor Taylor suggested, since the budget was already passed, the organization could apply for HUD funding when it was available. The information was given to the City Manager for review. Mayor Taylor did attend the Business Development Board Gala and retirement party for Hutch, a canine officer. The State of the City address was given on September 10. There is a positive trend for the City. Mayor Taylor also addressed the Palm Beach County Leadership Class of 50 students and went to the 9 -11 ceremony in Veterans Park. He joined with the students at Christa McAuliffe School in their celebration of the 200th Anniversary of the National Anthem. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Special City Commission Meeting scheduled for Second reading and adoption of Ordinance confirming CRA sunset date on Tuesday — 9/30/14 beginning at 6:00 p.m. meeting will be held in City Hall Commission Chambers Mayor Taylor announced the Special City Commission meeting to be held on September 30 at 6 p.m. in Commission Chambers. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 16, 2014 B. Announcement by Recreation & Parks Director Wally Majors regarding the "Let's Get Physical" event, which will be held at Meadows Park on Saturday, September 20 from 9 a.m. to 10:30 a.m. Registration begins at 8:30 a.m. Wally Majors, Director of Recreation and Parks, announced the "Let's Get Physical" event to be held on September 20 at Meadows Park from 9 to 10:30 a.m. It is a free event. C. Hear update from the Boynton Mental Health Committee. Woodrow Hay, 427 NE 5 Avenue, Chair of the Boynton Beach Mental Health Committee, distributed their vision and mission statements. The goal was for the Boynton Beach community to have access to coordinated and integrated networks of behavioral health services and support that enhances mental wellness and quality of life. It was hoped to develop a model program to be followed by other municipalities. Mayor Taylor knew the Committee had met and worked diligently to create goals for the organization. Mental health problems arise at all levels of society and are an ongoing challenge, 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz, 67 Midwood Lane, complained he was verbally attacked personally by Commissioner Merker after a Community Redevelopment Agency (CRA) Board meeting. He claimed Mr. Merker's response was non - sensical. Mr. Katz admitted he had questioned a young reporter's job performance when she authored an article that was not supported by facts. Ms. Seltzer, the reporter, has a Masters' Degree in Journalism, and he felt she did not adhere to the professional standards and Code of Ethics. It was alleged Commissioner Merker called Mr. Katz various names while continuing a self - serving rant. There has not been a denial of counseling of Commissioner Merker by the City Manager's office or Human Resources concerning his inappropriate behavior towards female employees in the City. Mr. Katz remarked Commissioner Merker had not denied being asked to leave Hurricane Alley, by the owner, because of inappropriate behavior. It was alleged Commissioner Merker called his fellow Board members "peanut brains ". No newspaper articles covered those events. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 16, 2014 Mr. Katz continued that Commissioner Merker socializes with Mark Karageorge, a former CRA Board member, including a trip to Manalapan to have ice cream and possibly discuss securing business for Mr. Karageorge's employer. Mr. Katz contended Commissioner Merker attacks citizens and anyone who does not agree with him and levels false accusations. Commissioner Merker responded that Mr. Katz had left the referenced meeting and again described Mr. Katz with disparaging names. He accused him of telling falsehoods and changing his remarks. Commissioner Merker was upset that Mr. Katz was allowed to continue his accusations about the news reporter, Mr. Karageorge and himself, and it was not controlled at the meeting. It was inappropriate to hurt innocent people. Burt Richards, founder of the Veterans Speakers' Forum, indicated the Organization brings education to students of all ages in Palm Beach County about those who serve and American history. He offered the Organization's memorabilia to the City if it could be displayed in the 86 -year old historic building, the Old High School. He urged the Commission to save the history of the veterans and those who serve. Suzanne Ross, Director of the Schoolhouse Children's Museum, advised the month of August showed gains across all revenue lines. Visitation increased 44% and gross income rose over 50% from last August. Ms. Ross reviewed the new events planned for the month of September. October would include special Halloween activities and she hoped everyone would attend. She thanked the Commission for its support. Vice Mayor Casello commended Ms. Ross for her innovation and creativity in expanding the programs at the Schoolhouse Children's Museum. Minister Bernard Wright, 713 NW 2 Street, thanked the City for cleaning up the parks in the Heart of Boynton and mentioned there was a park on 13 that needed attention. Mr. Wright wanted access to the City Commissioner of District II. Mr. Wright complained there were beautiful facilities that were not being used and the funds could have been for more recreational equipment in the area. He felt there was very little done in the Heart of Boynton and he wanted to meet with Commissioner McCray. Commissioner McCray pointed out the proper procedure was to call the City Manager's office and request an appointment to meet in City Hall. Commissioner Merker remarked Commissioner McCray's heart is in his, District and people respect him. He thanked him for his help and assistance. Victoria Castello, 406 S. Seacrest Boulevard, advised her son was upset that the Little House was closing and that All Aboard Florida would not stop in Boynton Beach, the center of Palm Beach County. It could be a place to visit and ride the water taxi to other coastal areas. She hoped the Commission would support the new train. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE Motion Vice Mayor Taylor appointed Leisha Roundtree as an alternate member of the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 6. CONSENT AGENDA Vice Mayor Casello indicated he had meant to pull Item 6.M rather than Item 6.1. Motion 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 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student NN Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate Recreation and Parks Board: 1 alternate SEPTEMBER 16, 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 Commissioner McCray moved to reapprove the agenda as amended, to pull Item 6.M. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 16, 2014 A. Approve the Bid for "ANNUAL BID FOR THE PURHCASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid # 067 - 1412- 14 /MFD to the following six (6) companies: Amsan, Calico Industries, Clean All Products, Dade Paper, Neeld Paper and Pyramid School Products on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of $65,000. B. Approve the updated Library Long Range Plan for 2014 -2019. C. Approve the one -year extension for RFPs /Bids and /or piggy -backs for the procurement of services and /or commodities as described in the written report for September 16, 2014 - "Request for Extensions and /or Piggybacks ". D. PROPOSED RESOLUTION NO. R14 -089 - Authorize application and approve the agreement between the Florida Department of State, Division of Library and Information Services and the City of Boynton Beach Library to receive the State Aid to Libraries Grant for FY2014 -2015. E. PROPOSED RESOLUTION NO. R14 -090 - Approve and authorize the City Manager to execute the Subscription Agreement between American Funding Innovators, Inc. and the City of Boynton Beach with the expenditure of $7,825 for web -based grant research and management. F. PROPOSED RESOLUTION NO. R14 -091 - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Arden & Sandra Gayle of 702 S.W. 2nd Street, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. G. PROPOSED RESOLUTION NO. R14 -092 - Approve and authorize the City Manager to enter into an interlocal agreement for law enforcement services between Palm Beach County and the City of Boynton Beach /Boynton Beach Police Department for the administering of the manatee protection conservation program. H. PROPOSED RESOLUTION NO. R14 -093 - Approve the proposed fee schedule for Certificate of Use and Occupancy, Strategic Plan item 3.1 I. PROPOSED RESOLUTION NO. R14 -094 - Amend the FY 2013 -2014 budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover anticipated expenditures for the remainder of FY 2013 -2014. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vice Mayor Casello noticed an upward trend in collections and he questioned if it was becoming a bigger problem. Tim Howard, Director of Finance, stressed the rate increases will be allowable by insurance and Medicare /Medicaid. Many of the charges are the balances after all insurances have paid. The economy has had an impact on bills being paid and it was anticipated the trend would stabilize. The collections have to be made within four years. Ms. LaVerriere interjected the annual revenue from transport fees is almost $4.4 million and there is $192,000 uncollected. In comparison with other municipalities, the City is above average in collections. Motion SEPTEMBER 16, 2014 J. Accept the written report to the Commission for purchases over $10,000 for the month of August 2014. K. Accept the resignation of Dr. Carmela Nanton, an alternate member of the Education and Youth Advisory Board L. Accept the resignation of Michael Bessell, a regular member of the Building Board of Adjustment and Appeals. M. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $192,367.50. This amount reflects unpaid ALS Transportation billings that have been in collections for 18 months or longer. Vice Mayor Casello moved to approve the Item. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. N. Approve utilizing Lyle Sumek Associates, Inc. to provide services in connection with the City's strategic planning process during FY 13/14, in the amount $37,500. 7. BIDS AND PURCHASES OVER $100,000 None 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 16, 2014 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. A. Approve a Conditional Use request to allow a funeral home establishment in an existing 3,312 sq. ft. building, within a C -3 (Community Commercial) zoning district. Applicant: Daryl L. Johnson, Johnson Memorial Chapel, Inc. The applicant was present. Attorney Cherof administered an oath to all those intending to testify. Jeff Royer, an attorney at 3695 W. Boynton Beach Blvd., Ste. 9, was present representing the applicant. Darryl Johnson, the owner, was present. A brief overview of Mr. Johnson's credentials was given. His current establishment is on Federal Highway, just north of Boynton Beach Boulevard, near Martin Luther King Boulevard, on the west side. He needs a large property to accommodate his business. He wanted to remain in Boynton Beach. The new property is on Federal Highway south of Woolbright Road. The Planning and Development Board approved the conditional use with four conditions that are accepted by the applicant and are being implemented. The parking was a concern and it was required that it be resurfaced and restriped. Estimates had been obtained and upon approval, work would begin. Another condition is that there be adequate containers for his solid waste and those containers have been delivered to the property. He assured there would be no changes to the original plan and dead plant materials would be removed, The new landscaping had been approved by the Planning and Zoning office. The parking includes 38 spaces which is more than double at the current location. Mr. Johnson assured there would be no street parking necessary when he has showings. Darryl Johnson, 1105 S. Federal Highway, explained the Church adjacent to the property does not have sufficient parking and have been using the parking on his lot. The owners were willing to work with the Church so they would not have to park along the street and block access. Parking attendants would be present when services are held. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 16, 2014 Commissioner McCray asked if shared parking could be utilized by the Church for special events. Mr. Johnson agreed. Mayor Taylor confirmed the owner did agree with the four conditions of approval. Amanda Parker, Planner, reported the concerns about Fire Department circulation in the area when there are processions ongoing. She spoke with the Fire Department and they approved the site, but asked that they be advised when lengthy processions were expected. Vice Mayor Casello confirmed there had been no response from the adjacent property owners. Commissioner Fitzpatrick asked about the typical daily use. Mr. Johnson responded most services are held at churches. Typically services at the funeral chapel are held on Fridays and some Saturdays. Commissioner Fitzpatrick advised the nearby condo owners were concerned their parking spaces would be used and Mr. Johnson assured there would be no parking issues. Commissioner McCray asked if the Department of Professional Regulations approved any embalming at the site. Mr. Johnson replied the inspection was pending. They were scheduled to appear at the October 1 meeting for approval of the Department. Commissioner McCray noted that funeral processions are usually escorted by police and they do stop for any emergency vehicles. He was glad the business was staying in Boynton Beach and wished the owners the best of luck. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public hearing. Judith Bradley, President of the Roaring 20's Association that encompasses the area, advised the area was the Historical Cottage District. It is a point of interest for tourists and parking is a problem currently. The street is 15.5 feet wide and barely accommodates one car. Church goers park up and down the street. In her view there were three problems; parking, number of visitors to the site and public safety. Cherie Arbogast, 414 SE 20 Court, stressed how narrow the road is and it is jokingly referred to as Goat Road. The Church has meetings every night that are well attended and both parking Tots and the streets are full. She was not opposed to the Funeral Home, but she was opposed to the traffic congestion and hoped it would be considered. Mayor Taylor surmised the parking issue was with the Church and attendance at their events. If there is illegal parking, the Police Department could investigate. Commissioner McCray recalled Mr. Johnson had assured there would be a parking 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL SEPTEMBER 16, 2014 attendant and in Commissioner McCray's experience in the funeral home business, people come and go and do not stay for extended periods. Vice Mayor Casello confirmed Mr. Johnson would allow the Church to share parking spaces for their functions. It was hoped it might ease the problem. Vote The motion passed unanimously. B. 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) 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 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) C. 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) Mayor Taylor noted Items 9. B and C were tabled to 10/7/14. 10. CITY MANAGER'S REPORT None 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 11. UNFINISHED BUSINESS Motion SEPTEMBER 16, 2014 A. Provide staff report for Commission discussion on Human Rights Council's request for the City to update its non - discrimination policy and offer domestic partnership benefits. Commissioner Merker understood the request would be for an administrative policy and not an Ordinance which he had requested. Julie Oldbury, Director of Human Resources and Risk Management, advised there were two components. The first part of the request from the Human Rights Council, was to update our existing non - discrimination policies to include gender identity and expression. It was addressed in the non - discrimination policies. The Human Rights Council also suggested a Human Rights Ordinance be adopted that does not currently exist. The third part would be the domestic partnership as part of the benefits program. Commissioner Merker moved that an Ordinance be created rather than a policy. Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick contended policy changes were needed so domestic partners can be part of the insurance. Ms. Oldbury agreed and pointed out the non - discrimination policy can be added to the current administrative policies and include the gender identity and expression. The Ordinance would be a separate action. Attorney Cherof advised an Ordinance would make it the law of Boynton Beach and it would be a signal to the general public rather than internally through administrative guidance. It is a broader expression and it makes non - discrimination on the subject matter the law in Boynton Beach. Commissioner Fitzpatrick was concerned about the open enrollment impact and any deadline. Ms. Oldbury reported the benefit consultants did not feel it would be an issue. It could be changed immediately with a change in policy, without a Civil Rights Ordinance. Attorney Cherof emphasized the Ordinance would have to come back for first and second readings. The current request was for direction. Commissioner Merker felt the Commission should act immediately. It would be showing respect for the human race and all people. It would not cost the City money. Mayor Taylor was not in favor of doing the Ordinance. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed 4 -1 (Mayor Taylor dissenting). SEPTEMBER 16, 2014 Commissioner Fitzpatrick clarified the vote would be directing the City Attorney to draftan Ordinance and bring it back to the Commission in the future. Attorney Cherof agreed and the change of the administrative policies would be a separate motion. Ms. LaVerriere outlined the second request would be to change the administrative policies to include gender identity and expression and amend the medical benefit plan to include domestic partner to the dependent coverage. The cost would be borne by the employee. Mayor Taylor did not think the change was needed and he would not support the request. The American Heart Act, which is basically Obama Care, already gives people the right to purchase this type of medical coverage. The City does not need to get involved in the issue. Secondly, there could be a cost if there is an increase in claims resulting in higher rates. Mayor Taylor stressed the State of Florida does not recognize same sex marriage at this time. The City would be enacting an Ordinance that is against State law. The Supreme Court will need to decide the issue. Mayor Taylor emphasized man cannot change a law that overrides God's moral law. He strongly believed God's moral law is against same sex marriage. In the Webster dictionary, marriage is, "a state of being married, the mutual relation of husband and wife, wedlock, the institution whereby men and women are joined as special social and legal dependents for the purpose of founding and maintaining a family." Mayor Taylor would not support the request. Mayor Taylor suggested Commissioner Merker may have a conflict of interest since he was in the insurance business. Commissioner Merker reiterated he supported human beings. The Constitution was written with the interpretation of interpretation. There are many religions, but all support love thy fellow man and woman. It is the 21 century. Commissioner Merker was not prejudice against any group of people and supported equality. Mayor Taylor felt, in a leadership role, if something is wrong it should be pointed out and failure to speak out would make the leader equally guilty. He felt it was a Trojan horse using health care when the real issue was the same sex marriage issue. It was an attempt to garner municipal support for the same sex marriage agenda. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion SEPTEMBER 16, 2014 Commissioner Fitzpatrick moved to change the policies so domestic partners can be included in the insurance coverage. Commissioner McCray seconded the motion. Vice Mayor Casello indicated he had his own beliefs and reasons, but he respected the Mayor's position and all opinions should be respected. Commissioner Merker agreed with Vice Mayor Casello. However, the issue is "we" the people of this country, not an individual. Commissioner Fitzpatrick asked if the current coverage would include both parties in a heterosexual couple or common law marriage and Ms. Oldbury responded it did not and the request would allow the change. Ms. LaVerriere interjected Palm Beach County has an actual registration process for domestic partners. The staff recommended recognizing the registration. Commissioner Fitzpatrick noted it would not address the issue of being legally married. Ms. Oldbury responded the criteria for registered domestic partners would have to be met. Commissioner Fitzpatrick concluded marriage would not be a factor for coverage and Ms. Oldbury concurred. Lastly, Ms. LaVerriere noted changing the anti - discrimination language could easily be done administratively. It would require a second motion. Motion Commissioner Merker moved to change the anti - discrimination language. Commissioner McCray so moved. Commissioner Fitzpatrick noted his prior motion covered it and Commissioner McCray, who seconded the motion, agreed. Mayor Taylor commented his moral standards had not changed over the years. Vote The motion passed 4 -1 (Mayor Taylor dissenting). Motion Commissioner Fitzpatrick moved to update the non - discrimination policies. Vice Mayor Casello seconded the motion. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed 4 -1 (Mayor Taylor dissenting). 12. NEW BUSINESS Motion SEPTEMBER 16, 2014 A. Authorize travel by members of the City Commission to attend the FCP3 Conference in Ft. Lauderdale, FL on October 9 -10, 2014 Commissioner Merker moved to authorize the travel to the FCP3 (Florida Council for Public Private Partnerships) Conference. Commissioner McCray seconded the motion. Vote The motion passed unanimously. B. Commissioner Merker would like to discuss offering Long Term Care insurance to City employees as an additional benefit to be paid by the employee. Commissioner Merker noted long term care was established in 1965 and authorized by the Federal government in 1996. Long term care insurance protects personal assets. The employees would purchase the coverage and, if approved, a group discount could be applied to the rates. It should be included in the benefits package. Mayor Taylor noted the employees could purchase long term insurance on their own. He again felt there might be a conflict for Commissioner Merker since he sold long term care insurance and had suggested specific carriers. Commissioner Merker replied his suggested carriers were national companies that he did not work with and offered group discounts. There was no motion offered. 13. LEGAL 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, 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote Motion Vote SEPTEMBER 16, 2014 incentives for use of mass transit and ride sharing. Applicant: City- initiated. (TABLED -- TO BE HEARD ON 9/16/14) Motion Commissioner McCray moved to remove Item 13.A from the table. Vote The motion passed unanimously. Motion Vice Mayor Casello moved to retable the item to October 7, 2014. Commissioner McCray seconded the motion. The motion passed unanimously. B. PROPOSED ORDINANCE NO. 14 -021 - SECOND READING - PUBLIC HEARING - Approve amendment to Sections 18 -118 and 18 -127 of the General Employee's Pension Plan. Attorney Cherof read Proposed Ordinance No. 14 -021 by title only, on second reading. Commissioner McCray moved to approve Proposed Ordinance No. 14 -021. Vice Mayor Casello seconded the motion. City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 14 -022 - SECOND READING - PUBLIC HEARING - Approve a Solid Waste rate increase and revise the Code of Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions, to allow for residential rate increase and language change. Attorney Cherof read Proposed Ordinance No. 14 -022 by title only, on second reading. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Motion 17 SEPTEMBER 16, 2014 Commissioner McCray moved to approve Proposed Ordinance No. 14 -022. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 14 -023 - FIRST READING - 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 first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 14 -024 - FIRST READING - 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 first reading. Commissioner McCray moved to approve Proposed Ordinance No. 14 -024. Vice Mayor Casello seconded the motion. Nancy Byrne, Director of Development, requested the Ordinance be amended on second reading. There has been requests from several aging sites that are resident housing or in- patient facilities that are re- working their kitchens. A provision could be added as an exemption, for the next 90 days, allowing portable or mobile kitchens, necessary to provide temporary food services in connection with permitted construction work. The mobile units could stay on the site and provide meals for residents during construction. MEETING MINUTES REGULAR CITY COMMISSION BOYNTO BEACH, FL Commissioner Fitzpatrick recalled there was a contention that the current Ordinance would chase mobile businesses away. Ms. Byrne advised the regulations would be in the Land Development Regulations (LDR), but the need is current. The 90 days would allow Ms. Byrne to get better direction on the issue and bring back options. Ms. Byrne stressed this was an immediate need for portable kitchens. Vote City Clerk Prainito called the roll. The vote was 5 -0. F. PROPOSED ORDINANCE NO 14 -025 - FIRST READING - Approve ordinance dissolving the Quantum Community Development District. Attorney Cherof read Proposed Ordinance No. 14 -025 by title only, on first reading. Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -025. Vice Mayor Casello seconded the motion. Vice Mayor Casello indicated the residents would see a tax decrease. Richard Ellington, District Manager for the Quantum Community Development District (CDD), advised the original CDD did not have any involvement in the pending lawsuit. The debt for the CDD was paid in full and the petition was initiated. It will relieve the property owners in that community of a layer of taxes. Vote City Clerk Prainito called the roll. The vote was 5 -0. 18 SEPTEMBER 16, 2014 G. PROPOSED ORDINANCE NO. 14 -026 - FIRST READING - Approve Boynton Beach Community Redevelopment Plan Amendment. Attorney Cherof read Proposed Ordinance No. 14 -026 by title only on first reading. Motion Commissioner McCray moved to approve Ordinance No. 14 -026. Commissioner Merker seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: t M. Prainito, M Clerk dith A. Pyle, C eputy City Cle 19 J Casello, Vice Mayor SEPTEMBER 16, 2014 Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Discuss impact of pending legislation legalizing restricted use of medical marijuana - October 7, 2014 B. Commission discussion and direction for the Financial Advisory Committee for the FY 14/15. - TBD 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8 p.m. CITY OF BOYNTON BEACH Michael M. Fitzpatrick, Commissioner