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Minutes 01-06-15PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was given by Commissioner McCray who then led the Pledge of Allegiance to the Flag. Motion MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 6, 2015 AT 6:30 P.M. A. Call to Order - Mayor Jerry Taylor Invocation Pledge of Allegiance to the Flag led by Commissioner McCray Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor added Item 3.D - Recognize Boy Scout Troop 241. Attorney Cherof added Item 3.E - Discuss and Announce a Workshop meeting for January 13 on the Casa Del Mar project. 2. Adoption Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission 1 Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Deputy City Clerk MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JANUARY 6, 2015 Commissioner McCray attended the dedication of Ocean Breeze West that has 21 new homes, an excellent project done by the Community Redevelopment Agency and the Boynton Beach Faith Based CDC. Commissioner McCray extended his wishes for a happy, healthy and prosperous 2015. Commissioner Merker had attended the New Year's event at the Children's Schoolhouse Museum and he wished everyone a happy, healthy New Year and hoped the New Year would also bring fun. Vice Mayor Casello wished everyone a happy, healthy, prosperous New Year. He had attended the Unity Rally held in Wellington honoring police and first responders. Commissioner Fitzpatrick had gone to the League of Cities luncheon that included round table "meet your legislator" sessions. He also attended the dedication of the Ocean Breeze West development and the installation of the new board member, Peyton McArthur, for the Port of Palm Beach. Vice Mayor Casello suggested flowers be sent to Janet Prainito, City Clerk, to wish her a speedy recovery. Mayor Taylor was at the Ocean Breeze West ribbon cutting. It is an impressive area now and a significant accomplishment for the City of Boynton Beach. The legislative session that he attended with Commissioner Fitzpatrick was beneficial for everyone. Mayor Taylor had received two separate communications he shared. One commended Lindsey Mauch, a lifeguard at the Oceanfront Park, for rescuing an individual and the other was a letter from Governor Scott declaring the week of January 5th - 9th as Florida First Responders Appreciation week. It would be an opportunity to thank all the first responders who keep everyone safe. Mayor Taylor urged everyone to thank any first responders they may encounter. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. The first City Commission meeting in March will be held on Monday, March 2, 2015 to accommodate the City Commissioners who will be attending Palm Beach County Days in Tallahassee. Mayor Taylor announced the change of the first meeting in March to be held on Monday, March 2 rather than the regularly scheduled date of Tuesday, March 3rd B. Proclaim Monday, January 19th as Martin Luther King Day Mayor Taylor read the Proclamation for Martin Luther King Jr. Day on January 19 and presented it to a member of the Martin Luther King, Jr. Celebration Committee. It was 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JANUARY 6, 2015 commented the support of the City speaks volumes about the leadership of the City. The City's efforts to celebrate the date were appreciated. C. Proclaim Saturday, February 7th as Robert E. Wells Day. February 7 was proclaimed Robert E. Wells Day in the City of Boynton Beach. Mr. Wells came to Boynton Beach in 1890 and raised his family. He helped found St. Paul's African Methodist Episcopal Church, the oldest church in the City. Mr. Wells assisted in bringing a school to the City for the Black African Children, originally called Boynton Colored School that is now known as Poinciana Elementary School. He was also an original signatory of the documents to incorporate Boynton as a town. In 1925, Mr. Wells platted the Wells subdivision and built the main street of the historic Heart of Boynton known as Wells Avenue and currently called Martin Luther King Jr. Boulevard. Victor Norfus, Historian for the Heart of Boynton, gave a detailed review of the life and times of Robert E. Wells and his family. Due to the segregation laws at the time, Blacks were not permitted to attend Commission meetings, so they created their own council called the Boynton Negro Civic League of which Robert Wells was elected the leader. After 1963 segregation was outlawed as was Boynton Colored Town and the Civic League was dissolved. Reverend Bernard Wright, the grandson of Robert Wells, thanked the City for their involvement in researching the lives and history of the area. The Proclamation gives rise to an accurate account of the history of the Black African community and the City of Boynton Beach as a whole. Knowledge of the past brings pride and strength to a community. It is his family history and heritage of the Heart of Boynton Beach that requires recognition and attention. February 7 was chosen because of the spiritual significance and it coincides with February as Black History Month. Mayor Taylor thanked them for sharing the history of the family. The Wells family name is well -known and respected throughout the Bahama Islands. The Proclamation should garner respect of the Wells family's contributions to the City. D. Recognition of Boy Scout Troop 241 (Added to the agenda) Boy Scout Troop 241 cleaned up the Marina Mangrove area in September last year and worked diligently to collect the garbage around the docks. Each participant was recognized with a Certificate of Appreciation, including the Scout Master, Mike Cortese. E. Discussion on possible Workshop to be held on Casa Del Mar project. (Added to the agenda) Attorney Cherof indicated the possibility of a workshop to discuss the Casa Del Mar project was suggested after the last meeting. A tentative date was set for January 13 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JANUARY 6, 2015 at 5 p.m. before the next Community Redevelopment Agency (CRA) Board meeting. It requires Commission action to schedule a workshop. Commissioner McCray recalled the request was for the developer to meet with the citizens before returning to the Commission for approvals. He had received numerous emails that no meetings had been held with the residents. Motion Commissioner McCray moved that a workshop not be held until the developer has met with the citizens. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Mayor Taylor noted the Casa Del Mar items had been tabled until January 20, 2015, when he, the City Manager and Commissioner Merker would be absent. There was consensus that the matters not be heard until the entire Commission was present. Motion Commissioner McCray moved to table all the Casa Del Mar items to the February 3, 2015 meeting. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 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) Gary L. Fishman, 3504 Diane Drive, advised his neighborhood was facing the threat of a park. The majority of those who know the facts did not want the park. Some information has been disseminated that is dishonest and misleading. There is no plan for development of the surrounding land in the near or distant future. The area is zoned for single - family large homes. Mr. Fishman had a list of 134 names on a petition that live in the pathway to the proposed new park. He challenged the authenticity of other petitions that had been circulated for signature. The facts of the situation were not truthfully divulged to those signing the other petitions. The impact of the park on the neighborhood would be catastrophic. It would also be a waste of taxpayer monies and 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 5 JANUARY 6, 2015 continue to be a burden on the taxpayers for eternity. The park is not right for the area and he urged the Commission to not proceed with the park as it is ill- advised. Daniel Spotts, N. Federal Highway, pointed out the FEC had taken delivery of new, red train engines that are bigger, louder and stronger than the older models. The engines appear to exceed the noise codes without the horns, many of which are being blown after 10 p.m. and before 6 a.m. in violation of City Codes. It has been estimated that the amount of cargo traffic would triple by next year due to improvements paid for by All Aboard Florida. There could be 30 freight trains in addition to the 32 passenger trains per day going non -stop through Boynton Beach. Since June of last year, 18 businesses have closed or moved from the downtown, including Winn Dixie, with none being replaced. Many businesses had left before June and others were built and never occupied. Mr. Spotts asserted the CRA claims there is a shortage of available retail space in downtown Boynton Beach, but Marina Village, Ocean Walk and Las Ventanas are more than half empty. Casa Costa is 100% empty. For seven months Mr. Spotts has been asking the Commission for assistance and been ignored. There is virtually no foot traffic in downtown Boynton Beach. He asked the Commission to try to come up with solutions to the very serious problem. Cheryl Black, 321 SW 1 Avenue, indicated her property has many beautiful mature trees and plants. She had worked for years to restore the house that was originally built in 1927. In December the City asked if trees could be removed along the back property line. As she considered the request, discussion with different City staff members resulted in the request changing and inconsistent plans for replacement plantings. Ms. Black reported on December 15 the City commenced cutting down her trees without securing her signature on the permission slip. The contractor advised the City had given permission. The trees were 100% on her property. When the stumps were removed, all the plants surrounding the stumps were removed and the property was cleared back 20 feet from the sidewalk. Even the wood stacked for firewood use was removed. Ms. Black wanted to know why the City had to destroy her property. She felt the City had "stomped" on her rights as a property owner. Mayor Taylor pointed out there is a major utility project ongoing in the neighborhood. Edward Glick, 2620 NE 1 Court, Village Royale on the Green, thanked the City Manager and Commissioner McCray for attendance at their condo meeting. He advised there is technology available to make railroad crossings secure enough to eliminate the horns. The trains have been in the area for many years and have become more frequent and could become unbearable. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JANUARY 6, 2015 Mayor Taylor replied the City was aware of the technology and it would be available to make all crossings quiet zones. The City has worked out a plan with the owners of the rails for the changes. Dodi Glass, representing the applicant for Casa Del Mar, indicated there have been several workshops with the residents and a meeting with staff to clarify issues. The workshop was an opportunity to have a public forum in another location for further discussion. She asserted most of the concerns have been addressed. There have been ongoing conversations with some individuals most affected. The purpose of the workshop was to encourage more conversation. Mayor Taylor was aware that meetings had been held and changes and adjustments have been made to the original plan. The citizens feel they have not been advised of the changes made. Ms. Glass indicated most of the changes affected only the adjacent property owners and the adjustments were addressed with them. Commissioner McCray had emails from Nicole Beuller dated January 2 Nancy and Barbara Cole dated January 2 and a Doctor and his wife dated December 31 indicating they had not been contacted. Ms. Glass advised they had spoken with the Doctor and his wife repeatedly. Commissioner Merker remarked there were mixed statements from both sides. He would support the delay because both parties needed to communicate to all parties. Both sides seemed to understand the project would go forward with certain amendments. Ms. LaVerriere offered to reach out to all parties and facilitate another meeting for all parties to come together. Michael Norwood, representing the Martin Luther King Celebration Committee, brought greetings from the Committee that was very excited about the Celebration. He reviewed the planned program and announced the awards banquet to be held on January 18 at Benvenuto with a ticket price of $55 each. The speaker for the event would be Commissioner Merker. The Committee wanted to spotlight the diversity of the City and asked that friends and family members be invited and participate in the events. Commissioner McCray noted, for the record, the planned parade route down Seacrest is a very busy County road and another route should be found to get to the amphitheater. It would be safer for the citizens. Robert Gallik, 3724 Diane Drive, the closest property owner to the proposed park land, was opposed to the park because of the ingress and egress issue involved. The expense involved with bridging the proposed site or tunneling under 1 -95 would result in 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JANUARY 6, 2015 very little gain for anyone. Mr. Gallik understood if a bid was lost, the acquisition would be impossible. He was opposed to the park and the resulting traffic flow. Monica DeVoursney, 265 Lake Drive North, recalled the first reading for the Casa Del Mar project was scheduled for December 2, 2014 and the matter was tabled for the developer to meet with the neighborhood. The developer has not reached out to the neighborhood of Lakeside Gardens. There was a meeting between the developer's attorney, the DeVoursneys and their attorney, but there has not been a meeting with the neighborhood that has about 40 residents. Mayor Taylor reminded Ms. DeVoursney a meeting would be scheduled for everyone and she should attend. Lak Kalra, 3842 S. Lake Drive, contended the Commission had given incorrect information that he was a developer and would put low- income housing on the land. A survey was done in Delray for the park and not with the Boynton Beach residents. Mr. Kalra stressed he was not a developer and had lived in the same neighborhood for 30 years and raised his family. At the County meeting, the Commissioners indicated they would be putting conditions on the sale. Mr. Kalra suggested the areas not developed as parks be given to the residents who use the park. Dr. Piotr Blass, 113 West Tara Lakes Drive, reminded the Commission, under Florida Law, individuals over 65 years old and having resided more than 25 years in a single home, can be exempt from taxes. It has to be adopted by the City. Dr. Blass further remarked that only 10% of the population decides an election and he had contested the recent election in which he was a candidate for Governor. He would continue to support democracy and the need for people to vote. Commissioner McCray announced the East Boynton Wildcats 2014 Awards ceremony on Sunday, January 11 from 3 to 5 p.m. at the Boynton Beach Civic Center to present a variety of awards. Taylor Levy, resident of Delray Beach and business owner in Boynton Beach, had previously appeared in opposition to the purchase and development of the four acre parcel awarded to the City of Boynton Beach by Palm Beach County. Pristine land parcels such as the four acres should be preserved in their natural habitat. Those available lands keep diminishing with residential developments. He supported preservation and a park and possible bridge to link Delray and Boynton Beach. An organization called Human Powered Delray is planning to connect the waterways of Boca Raton, Delray and Boynton Beach and other surrounding neighborhoods with a bike trail and walkway. It would be a safe area away from the traffic to be with family. Mr. Levy was strongly against the development of the property. No one else coming forward, Mayor Taylor closed Public Audience. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner Fitzpatrick commented the Metropolitan Planning Organization (MPO) is funding all quiet zones throughout the County. There is a package deal with All Aboard Florida and there will be no whistles or horns after the quiet zones are installed. The MPO is concerned about the additional freight and is working to shift some of the freight to the CSX tracks along 1 -95. Property for two rail links were purchased by the South County MPOs to connect the FEC and CSX rail lines. The first is south, around Port Everglades and the second, to the north, near Mangonia Park headed to Jupiter. It would extend Tri Rail up into the Jupiter area. The Florida Department of Transportation, on behalf of Tri Rail, now owns the land and rails of the CSX track from Miami to Mangonia Park. Cooperation between CSX and FEC is a new idea. Planners are aware of the issues and attempting to resolve the concerns. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: 1 Alt, 2 Stus, 1 NN Stu Employees' Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 2 Alts Recreation and Parks Board: 1 Reg and 2 Alts Senior Advisory Board: 2 Alts Veterans Advisory Commission: 1 Alt There were no applicants to be appointed. 6. CONSENT AGENDA 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 8 JANUARY 6, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion JANUARY 6, 2015 A. PROPOSED RESOLUTION NO. R15 -001 - Approve and authorize signing of an Agreement for Water Service outside the city limits with Pablo Torres for the property at 3933 Dorrit Avenue, Boynton Beach, FL. B. PROPOSED RESOLUTION NO. R15 -002 - Amend the FY 2014 -2015 budget to adjust budgeted appropriations and revenue sources and provide spending authority for existing prior year Capital Improvement Projects (CIP) purchase orders. C. Approve addition of new title: Multi - Discipline Plan Review Analyst to Pay Plan. D. Approve the annual blanket purchase order request for an estimated total annual expense of $28,750.00 to Thyssen -Krupp Elevator for elevator annual inspections and service /repairs in various City facilities. The City is utilizing the National Joint Powers Alliance (NJPA) award #102111 -TKE which was effective November 15, 2011 and extended for the year November 15, 2014 thru November 15, 2015. E. Approve utilizing the State of Florida Contract with Lou's Police Distributors, contract no. 680 - 050 -12 -1 for the purchase of ammunition, guns, gun parts and miscellaneous cleaning equipment and supplies on an "As Needed" basis, for an anticipated FY 2015 expenditure of $64,500. With the consent of the Commission, Mayor Taylor pulled Item 6.E for a question. In 2012 the expense was $8,500 and 2013 was $17,100 and 2014 was $46,000. This year the request is for $64,500. He questioned the tremendous increase over the prior years. Tim Howard, Director of Finance, explained only the one vendor was selected at this point and the comparison covered only that one vendor. The Police Department consistently spends $65,000 annually on ammunition that was previously split between several vendors. The request is for the full amount, but the amount from this vendor could be less or the entire amount. It depends on the pricing during the year. Mayor Taylor passed the gavel and moved to approve Item 6.E. Vice Mayor Casello seconded the motion. Vice Mayor Casello inquired about the ammunition not used. Chief Katz explained ammunition does have a shelf life with the humidity in South Florida. New ammunition is constantly dispersed to the officers to ensure its reliability. Ammunition has been very expensive. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. F. Approve the minutes from the Regular City Commission meeting held on December 15, 2014. 7. BIDS AND PURCHASES OVER $100,000 Motion JANUARY 6, 2015 A. Award the "Two Year Bid for Dumpster Repairs ", Bid No. 016 - 2515- 15 /JMA to IES Sales and Service, LLC of Opalocka, FL for a two year period. This bid will be utilized on an "As Needed" Basis with a projected expenditure of $120,000 over a two year period Commissioner McCray moved to approve the Bid. Vice Mayor Casello seconded the motion. Vice Mayor Casello asked for the number of dumpsters the City owns. Commissioner McCray interjected each dumpster costs approximately $500. Jeff Livergood, Director of Public Works and Engineering, indicated the request covers commercial dumpsters for restaurants that fail the quickest. There are about 780 dumpsters that last five to seven years. Repairs of $60,000 a year extends the life somewhat. There are additional dumpsters for residential garbage that last longer with fewer repairs. Vice Mayor Casello inquired if there was a scrap value at end of life and Mr. Livergood concurred. The expenditure is to repair the bottoms and re -paint the dumpsters. He noted a roll -off container can cost several thousands. They are expensive and have to be maintained. 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. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JANUARY 6, 2015 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 (By agreement of all parties Tabled to 1/20/15) 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. (By agreement of all parties Tabled to 1/20/15) C. 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. (By agreement of all parties Tabled to 1/20/15) D. 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. (By agreement of all parties Tabled to 1/20/15) E. 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. (By agreement of all parties Tabled to 1/20/15) (There was a previous agreement to table Items 9 A, B, C, D and E to February 3, 2015) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 12. NEW BUSINESS - None 13. LEGAL Motion JANUARY 6, 2015 A. PROPOSED ORDINANCE NO. 14 -035 - SECOND READING - PUBLIC HEARING - Approve the third extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No. 14 -035 on second reading, by title only. Commissioner McCray moved to approve the Proposed Ordinance. Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Vote Deputy City Clerk Pyle called the roll. The vote was 5 -0. B. Pursuant to Section 286.011(8), Florida Statutes, request is made for a private attorney - client session of the City Commission to discuss pending litigation in the following case: Barrey Griffiths, Plaintiff vs City of Boynton Beach, Defendant, - Case No. 2013CA009874AA Attorney Cherof explained the requests have to be publicly done. There was consensus to hold the closed -door session before the CRA meeting on Tuesday, January 13 at 5:45 p.m. As a reminder, Attorney Cherof pointed out there would be a Special Commission Meeting scheduled to be opened and adjourned. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT (Continued on next page.) 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: ,4- - _ - off T y C-0 C...K/( net M. Prainito/MMC `City Clerk ith A. Pyle, CM eputy City Clerk 13 CITY OF BOYNTON BEACH Je ry Taylor Mayo • I1 JANUARY 6, 2015 : o ;' Casello, Vice Mayor Michael M. Fitzpatrick, Co issioner