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Minutes 07-01-14MINUTES OF THE CITY COMMISSION MEETING HELD IN CHAMBERS AT CITY HALL, 100 BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 1, 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 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk A. Call to order - Mayor Jerry Taylor B. Invocation by Commissioner David Merker C. Pledge of Allegiance to the Flag led by Commissioner Michael Fitzpatrick Mayor Taylor called the meeting to order at 6:31 p.m. An Invocation was given by Commissioner Merker. Commissioner Fitzpatrick led the Pledge of Allegiance to the Flag A roll call revealed all members were present. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor wanted to add an item under 5. Administrative, Introduction of the Mental Health Committee for approval by the Commission. He also pulled Item 6.D so public comment could be offered. Commissioner Merker pulled Item 5.B. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 1 Meeting Minutes Regular City Commission Boynton Beach, FL 2. OTHER A. Informational Items by Members of the City Commission July 1,2014 Commissioner Fitzpatrick had attended the Metropolitan Planning Organization (MPO) meeting, the Strategic Planning Workshop, Fire Department Retiree Dinner and Fire Department Retiree Picnic. He acknowledged he had made some wrong assumptions and comments about the cause of the flooding that had occurred in January. Discussions with Patrick Martin, Civil Engineer for the Lake Worth Drainage District (LWDD), indicated if water moves faster than 2.5 feet per second it tears up the drainage system and moves the sand. The LWDD opens all the gates at the beginning of an event so no areas are contained. All the bridge structures are constructed for hurricane levels of debris to alleviate any concerns. There is only one outlet for the Boynton Beach area, the C -16 canal and structure 41 levy. Susan Sylvester, Chief Operations Maintenance, Construction Division of the South Florida Water Management District had advised 3,570 cubic feet per second (cfs) can be discharged or 100 million gallons per hour. The water was moving as fast as possible, but the water did back up from the heavy flow, not from having any drainage systems closed. The City Manager's proposed budget for the next year calls for a millage rate of 7.8 and at this point in time, Commissioner Fitzpatrick supported the millage rate be set at 7.8 and anything above that be reserved for capital expenditures or financing a new police station or new City Hall. Vice Mayor Casello wished everyone a Happy Canada Day, very similar to the 4 of July. He announced the new City Hall hours of 8 a.m. to 5 p.m. Monday through Friday. There was a request to add an item to Future Agenda Items for discussion on an ordinance relating to the green industry that would probably be approved in the next election. Mayor Taylor agreed with Vice Mayor Casello's request for a Future Agenda Item. The City should be above the curve on the issue that would most likely pass by referendum vote this fall. He suggested the Planning and Zoning Division review the issue and provide further information. Other events Vice Mayor Casello attended were the Strategic Planning Workshop, Boynton Beach Fire Department Banquet acknowledging the most valued employees, Boynton Beach Fire Department annual picnic, ribbon cutting for the Smoke Inn and a candidate's forum held by the Coalition for West Boynton Residential Associations (COWBRA) for the school district seats and judicial candidates. Commissioner Merker had sought the opinions of doctors and hospitals on the issue of marijuana for medical purposes and he supported the proposition. It would have to be 2 Meeting Minutes Regular City Commission Boynton Beach, FL 3 July 1,2014 closely controlled. In August there would be an election for school board members and it was paramount that voters participate. Commissioner Merker supported Justin Katz. The question of charter schools versus public schools was an important decision that should be made by informed voters. He had attended the Fire Department picnic. Commissioner McCray had attended the Strategic Planning Workshop and met with All Aboard Florida to discuss the pros and cons of the train traveling through the City. Quiet zones were a major concern and the railroad crossings. Mayor Taylor had gone to the Strategic Planning Workshop, met with Tom Sutterfield, a school board candidate, Fire Department picnic, League of Cities meeting, Compson ribbon cutting for the new Renaissance Commons apartments, Team of Hope meeting to assist felons to get jobs, the Lego movie at the Park and sat in on interviews for the new principal for Boynton Beach High School. He commended the Schoolhouse Children's Museum for the partnership with the Palm Beach Pops and the concert finale that had been held at the Library. Mayor Taylor complimented the Police Department on the arrest of a burglar following a police chase on Congress Avenue. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Post - Legislative Update by Florida Senator Maria Sachs, District 34 (The presentation was made upon Senator Sachs' arrival.) Senator Maria Sachs reported she had represented portions of the City for over eight years. The most important part of government is municipal government, the first level. Her obligation was to come to the Commission to ascertain how she could assist the municipalities and the citizens. Finding funding was one of her most challenging and necessary responsibilities. She had gotten funding for special bullet proof vests when the gang violence was at its worse. Just recently a parasailing bill was passed that would be effective October 1 Another complaint was the lack of good doctors and funding was allocated for Florida Atlantic University Medical School. The first class of medical students recently graduated and 46 interns would be going to the local hospitals in Boca, Delray and Boynton Beach. Senator Sachs' local office was in Delray City Hall and she welcomed constituents to visit and discuss any issues. She thanked the Commission for the opportunity to address the citizens. Mayor Taylor indicated Senator Sachs had been very supportive of the City of Boynton Beach and the needs and interests of veterans. He thanked her for her hard work. Senator Sachs thanked the City for the beautiful veteran's park showing the true character of a City. Commissioner Merker pointed out the State not accepting monies for Medicaid is critical. He suggested she continue to endorse the Medicaid funding in the State of Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 Florida since it was the third most populated State in the nation with 20% being senior citizens. Commissioner McCray asked Senator Sachs to do all she could to regulate sober homes since there were problems in his District of the City. She requested to meet with Commissioner McCray on the issue to plan how to partner with the federal legislative delegation for a seamless transition. Sober homes and addictions should be handled under mental health that needs more funding. She contended individuals should be treated in facilities outside of the neighborhoods. The Children Services Council has been a good partner dealing with the mental health problems and the more organizations that join the initiative will bring more tax money back to the City and an increase in services. Vice Mayor Casello thanked Senator Sachs for continual attendance at local events and meetings making her a very "people" politician who fights for the middle class people in the area. He hoped her and her efforts would be remembered on Election Day. B. Beginning July 7, 2014, City Hall hours of operation will be Monday through Friday, 8 a.m. to 5 p.m. Mayor Taylor announced the change of hours for City Hall to be open 8 a.m. to 5 p.m., Monday through Friday. C. Proclaim July as Parks & Recreation Month. Mayor Taylor read the proclamation for Parks and Recreation Month and presented it to Mary DeGraffenreidt, Senior Recreation Manager. She thanked the Commission and indicated the Department works hard to make a safe haven for youth and teens in the community while adding more family oriented activities. D. The 4th of July Festivities will be held from 6:00 p.m. until 10:00 p.m. at Intracoastal Park. There will be free parking and shuttle service from Boynton Beach High School and the City Hall Parking Lot from 5:30 p.m. until 11:00 p.m. The 4 of July celebration was announced with the activities starting at 6 p.m. until 10 p.m. Shuttle service from the High School and City Hall for additional parking would be available. The fireworks display is fabulous and free. Vice Mayor Casello emphasized no dogs would be allowed during the festivities. Commissioner McCray advised he would not be attending the 4 of July event and wished everyone a happy and safe 4 of July. 4 Meeting Minutes Regular City Commission Boynton Beach, FL (Senator Maria Sachs arrived and gave her presentation which is reflected in the minutes under Section 3. Announcements, Presentations and Special Events) 4. PUBLIC AUDIENCE 5 July 1,2014 E. Budget Workshop dates /times for FY 14/15 Operating and Capital Budget - Monday — 7/21/14 beginning at 2:00 p.m.; Tuesday — 7/22/14 beginning at 10:00 a.m.; Wednesday — 7/23/14 beginning at 2:00 p.m. (if needed) in City Library Program Room The budget workshops for the 2014/2015 fiscal year would be held July 21st at 2 p.m., 22nd at 10 a.m. and 23rd at 2 p.m. — if needed -- in the Library Program Room. 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) Charles Kanter, 2915 South Greenleaf Circle in Parkside, complained that the garbage trucks do not release the cans with the tops closed. It is against the Board of Health regulations. He questioned why the truck was bought and why it was not returned when the problem was brought to the attention of staff. Mark Karageorge, 240A Main Boulevard, discussed the problems with rentals and the role of the Code Compliance officers in addressing the issues and the decision of the Code Compliance Board. There is now a Special Magistrate and the issues were not being dealt with in the same manner. He asked the Commission to reconsider the use of a Special Magistrate and reinstitute the Code Compliance Board. Mr. Karageorge spoke about the passing of Eddie Durham who lived a humble life putting God first, his wife second and his family third. He cared about his property and his community. The eyesores in his community were demolished and Mr. Durham appreciated the efforts made to improve his neighborhood. Susan Ross, from the Schoolhouse Children's Museum, thanked the Mayor for his comments about the Palm Beach Pops program and hoped it could continue next year. There had been a significant increase in program participation, visitation and membership sales in the months of June with a 25% increase in gross income. July had been a banner month for the Museum with over 230 guests coming in one day. The Museum had won the South Florida Parenting 2014 Kids Crown award for the best museum in Palm Beach County. Mayor Taylor added the Children's Museum was an asset to the City; however, it was struggling financially. Herb Suss, 1711 Woodfern Drive, issued his report cards for the Commission. Mayor Taylor received an AAA rating, Commissioner Fitzpatrick was named the Rookie of the Meeting Minutes Regular City Commission Boynton Beach, FL Year, Vice Mayor Casello was given an A to the first power and Commissioner McCray received an A to the second power. Mr. Suss was cautioned global warming is an important issue that needs attention. Commissioner McCray thanked Mr. Suss for his comments. Dan Spotts, 805 N. Federal Highway, commented about All Aboard Florida and as a small business owner he was concerned with the concept. Based on his limited knowledge he did not perceive a positive impact on the City of Boynton Beach. He assumed there would be significant costs with the crossings and an increase in congestion around the downtown corridor with new developments in the same area. He questioned if the City would be holding any public discussion to develop a plan to make it better or block it. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE Motion July 1,2014 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: 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 regular and 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 alternates Veterans Advisory Commission: 1 alternates Commissioner Merker moved to appoint Andrew Podray as an alternate on the Building Board of Adjustment and Appeals. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Mayor Taylor announced the individuals on the Mental Health Advisory Committee. Their goal would be to determine if the City is assisting as much as possible to alleviate the issues. The individuals were interviewed so a wide spectrum of the community 6 Meeting Minutes Regular City Commission Boynton Beach, FL would be represented. There are nine members and two alternates including Chair Woodrow Hay, Ron Washam, Charlee Brown, Margaret Newton, Mary McClory, Sherry Johnson, Gerda Klein and two positions remain unfilled. The alternates are Paul Zito and Alisha Agnew. Motion Commissioner McCray moved to accept the individuals to be on the Board. Commissioner Merker seconded the motion. Chair Hay interjected there is another alternate, Cynthia Shulman. Commissioner McCray amended his motion to include the additional alternate. Commissioner Merker agreed to the addition. Vote The motion passed unanimously. 7 July 1,2014 Chair Hay thanked the Commission for approving the Committee and advised there were many good applicants reflecting there is a genuine interest. The City of Boynton Beach is the first municipality to undertake the cause. He recognized the members who were present. Mayor Taylor acknowledged the members who were present and thanked them for their willingness to serve. Dr. Seth Bernstein of the Action Alliance of Mental Health in Palm Beach County reviewed a statement submitted by Gerda Klein. Ms. Klein was the co- founder of the Alliance and current Chair of the initiative. She worked for the last five years to promote mental health education and awareness. The efforts of Woodrow Hay and Mayor Taylor were instrumental in organizing the efforts to establish a Committee to address the issues. There is significant energy around the efforts generated by the new Committee and their dedication. The candidates were interviewed and each felt it would be a privilege to serve, expressed their passion about mental health and the desire to make Boynton Beach a model City for breaking the silence of mental illness and the associated issues. The first meeting would be a mini retreat to share their goals and mission for the Committee. Mayor Taylor noted there was no shame in having a mental health issue. The shame was not doing anything about it. Commissioner Merker would have liked to serve but could not as an elected official. People of all ages with cognitive impairment or Alzheimer's Disease are a frightening experience when a loved one is afflicted. As advisor to the Alliance, Dr. Bernstein surmised the Committee would look at the full spectrum of mental health conditions. Meeting Minutes Regular City Commission Boynton Beach, FL Motion 8 July 1,2014 Commissioner McCray offered to relinquish his meeting with Senator Sachs to Chair Hay, so he could discuss the mental health program. B. Approve changing the date of the second meeting in July from Tuesday, July 15th to Wednesday, July 16th to allow Mayor Taylor, City Manager Lori LaVerriere and Finance Director Tim Howard to attend a pension workshop from July 14 -15, 2014. Mayor Taylor added any member of the Commission could also attend. Commissioner Merker wanted to attend. He had researched the credentials of the scheduled speaker who had very conservative views and he hoped alternative approaches would be considered also. Vice Mayor Casello felt it was an important topic and the information would be helpful in the future. Commissioner McCray moved to approve with the changes of Commissioner Merker and Vice Mayor Casello going as representatives. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. C. Appoint Voting Delegate for Florida League of Cities Annual Conference, August 14 -16, 2014. Mayor Taylor advised he was the voting member on the Palm Beach County League of Cities. Motion Commissioner Merker moved Mayor Taylor be the delegate. Commissioner McCray seconded the motion. Vote The motion passed unanimously. D. Authorize City Commissioners to travel to the Florida League of Cities Annual Conference in Hollywood, FL, August 14 -16, 2014 Meeting Minutes Regular City Commission Boynton Beach, FL Ms. LaVerriere encouraged the Commissioners to attend. It is locally held and would be a good experience. It is affordable. Attendance could be for the entire Conference or attend specific sessions only. There is a registration fee. Motion Commissioner McCray moved to allow City Commissioners to go to the Florida League of Cities Annual Conference. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 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 A. PROPOSED RESOLUTION NO. R14 -050 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Griselot Pierre Gilles and Solance Pierre Gilles for the property at 1213 Peak Road, Lantana, FL. B. PROPOSED RESOLUTION NO. R14 -051 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach C. PROPOSED RESOLUTION NO. R14 -052 - Approve and authorize the City Manager to sign a Subordination Agreement allowing for a subordination of the City's Mortgage for Audra McMillon nee Campbell of 324 N.E. 11th Avenue, Boynton Beach, Florida, 33435. D. PROPOSED RESOLUTION NO. R14 -053 - Supporting the Children's Services Council of Palm Beach County, Inc. reauthorization that will be on the ballot November 4, 2014 Mayor Taylor had pulled the item to allow public comment. 9 July 1,2014 Tanna Ebbole, Chief Executive Officer of the Children's Services Council of Palm Beach County located in Boynton Beach, appreciated the support of the Commission. The Council is investing in mental health with a focus on mothers of young children and the impact. Approximately $6 million would be allocated for the program. Mayor Taylor wanted the Children's Services Council to remain open and viable. Meeting Minutes Regular City Commission Boynton Beach, FL Motion July 1,2014 Commissioner McCray moved to approve Resolution No. R14 -053. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Motion Motion E. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the eight (8) month period ended May 31, 2014. F. Approval of a Commercial Rent Reimbursement Grant in the amount of $12,000 to Leslie F. Coughlan. G. Approve the minutes from the Regular City Commission meeting held on June 17, 2014 Vice Mayor Casello moved to approve all the other Consent Agenda Items. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R14 -054 - Authorize the City Manager to sign a contract with CDM Constructors Inc. for "PROGRESSIVE DESIGN BUILD FOR ION EXCHANGE RESIN PLANT AND EAST WATER TREATMENT PLANT IMPROVEMENTS "; as a result of RFP No. 006 - 2821- 14 /DJL in the amount of $1,131,770 for Phase 1 services, and a total project value of $30,000,000. Commissioner McCray moved to approve Resolution No. 14 -054 for discussion. Vice Mayor Casello seconded the motion. Commissioner Merker requested more background information. Commissioner McCray added the public should be aware of the project since the dollar amount is significant. 10 Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 Colin Groff, Director of Utilities, explained the purpose of the project was to meet the requirements of the City's Consumptive Use Permit. The permit restricts the withdrawals from the eastern well fields. The demand in the eastern part of the City is growing and water has to be taken from the west well fields and sent to the east treatment plant. The project is slightly behind schedule. Another consideration is the age of the east water treatment facility and the upgrade needed to accommodate the increase needs. Energy and cost reductions would be diligently pursued. The control system at the east plant is failing at this time. It will be included in early construction and part of the funding for approval. There is also some planned equipment replacement that is at the end of life cycle. The main part of the project would be treating the west well water so it can be moved and used in the east grid. The demand on the east wells could be decreased as required in the Consumptive Use Permit. July through October would be Phase I design services. The designer, engineer, contractor and owner work together from the beginning. The first step would be to get to the guaranteed maximum price that would be negotiated and not to be exceeded. The early construction services would be done during the same period such as replacing the control system at the east plant, installing the construction trailers and pre- construction work to move forward more quickly after approval of the maximum guaranteed price. The engineers will finalize the design while preliminary construction is ongoing. In January the construction should start in earnest with an 18 -month schedule to finish the entire project. There are two components. One is building the ion resin exchange plant and the second would be to upgrade the east plant to accept the water, treat it and distribute it to the customers. It would require a six million gallon reservoir, new high service pump station and the ion exchange plant. More information will be provided in monthly reports. The current request is for approval of the Phase I design services which is $528,000 and the early construction services at the east plant. The design build fee is basically the profit margin that would be paid the firm. It is an open book contract. The City would see every cost that goes into the project. The design builder gets a profit and has been negotiated at 5.95 %. The contract provides for 120 days to develop the guaranteed maximum price that would be brought to the Commission for approval in November. There will be more details. There are incentives to provide savings after the price is determined. The goal is to bring the project in lower than $30 million. Commissioner Casello noted the fee had been reduced from 9.8% to 5.95 %. The other firm's fee was 3.75% and this would be $660,000 higher as proposed. He understood the lump sum design fee was $530,000 that has now gone to $1,131,000. Mr. Groff explained there are two parts to the fee; one being the design fee of $530,000 and the 11 Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 second, $600,000 for the early construction at the plant. It is mainly the control systems at the plant that are failing and the plant goes offline. The proposed design fees ranged from $530,000 to $750,000. The proposed design build fee was 3.75% to 9.8% range. The 5.95% is a good number based on industry standards. Commissioner Casello surmised the City would pay $660,000 more. Mr. Groff responded the assumption was to pick the highest ranked firm, based on qualifications. The theory being they would design the least expensive facility. Commissioner Casello contended the City should have looked for more savings. The other company had a great reputation. He did not understand why the City had to pay more. Mr. Groff replied the goal was to go with the number one firm based on their qualifications. Commissioner Casello countered the percentages are higher no matter what the base figure is, it would cost the City more money. Mr. Groff agreed if everything was equal among all teams at the end of a design. It is unknown at this time. Commissioner McCray clarified staff would not be approving the decision, the elected officials make the final decision. Commissioner Merker assumed staff felt the firm was the best qualified. Mr. Groff noted he was not involved in the selection process. It is a good firm that has done this kind of work, in this County, on this type of plant. Based on the quality of the work done, the goal would be to lower the overall cost of the project, lower than the budget. Commissioner Merker understood the price was not definite at this stage. Mr. Groff concurred the total amount is a budget number based on estimates. The bid award locks in the contractor to be used. Mr. Groff noted at the guaranteed maximum price stage, if the Commission chooses not to go further, the contract allows the City to change course. Commissioner Fitzpatrick ascertained the South Florida Water District provided the permits. Salt water intrusion is the reason more water cannot be drawn from the east well fields. He questioned if there were any bid protests filed from the second place firm. Mayor Taylor advised the President of the Company had indicated a protest was not planned and they wanted to work with the City in the future. Attorney Cherof advised the time period to challenge the decision of the Commission on the bid protest had expired. Commissioner Fitzpatrick had learned all the bids had been reviewed by the Inspector General. Attorney Cherof verified the Inspector General reviews almost every contract of any substances considered by the City Commission. The Inspector General would have come forward before this time. Commissioner Fitzpatrick opined the City should be paying for the services of the Inspector General. 12 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Fitzpatrick confirmed that the early construction costs of $600,000 were included in the original $30 million budgeted amount. It moved work forward in the plan rather than an additional expense and increase. Vote The motion passed unanimously. Motion Vote B. PROPOSED RESOLUTION NO. R14 -055 - Authorize the City Manager to execute individual contracts with three (3) firms for each of the four (4) scope categories, for a total of twelve (12) contracts as a result of RFQ No.: 017 - 2821-14/DJL for General Consulting Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. Commissioner McCray moved to approve Proposed Resolution No. R14 -055. Commissioner Merker seconded the motion. The motion passed unanimously. Motion 13 July 1,2014 Commissioner Fitzpatrick commented he agreed with having a pool of 12 engineering firms to utilize. It gave the City more flexibility. C. PROPOSED RESOLUTION NO. R14 -056 - Approve a contract with Man -Con, Incorporated for the Lake Boynton Estates Utility Improvements project, Bid No. 030 - 2821 -14 /DJL in the amount of $1,513,874.45 plus a 10% contingency of $151,387.45, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $1,665,261.90. Commissioner McCray moved to approve with a presentation by staff or at least comments for the public. Commissioner Fitzpatrick seconded the motion. Mr. Groff summarized the project involves installing 10,000 linear feet of six and eight inch water line. It is a water line replacement project to replace old asbestos, concrete and galvanized piping in the Boynton Lakes Estates area. Approximately 2,000 feet of the project is 10 -inch asbestos concrete pipe that would be taken out of service. Some stormwater work would be done, as needed. The next section has more stormwater repairs. Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner McCray explained the high dollar amount warrants an explanation for the benefit of the public understanding. Mr. Groff agreed and advised the Utility Department was working on better communication with the customers. Commissioner Fitzpatrick would like to see a map of the areas so the location of the work is clear. He also did not understand how 10 inch six or eight inch pipe could replace six or cight 10 -inch pipe and have enough flow. Chris Roschek, Engineering Division Manager, responded there may be parallel lines that accommodate the flow or even higher hydraulic flow. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS Motion July 1,2014 A. Approve negotiated settlement in the amount of $45,000 in the case of Clifford Henfield vs. City of Boynton Beach Vice Mayor Casello moved to approve the negotiated settlement. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 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 -006 - SECOND READING - PUBLIC HEARING - Approve request for 500 Ocean rezoning (REZN 14 -001) of subject property from Mixed Use -High (MU -H) with expired Master Plan for 378 multi- family residential units plus retail to Mixed Use -High (MU -H) with a new Master Plan for 341 multi - family residential units plus retail and office, located at 101 South Federal Highway. Applicant: Thomas Heyden /Morgan Boynton Beach LLC (TABLED ON 5/20/14) 14 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Commissioner McCray moved to remove the item from the table. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 14 -006 by title only on second reading. Items A and B are both quasi - judicial proceedings. B. Approve request for New Site Plan approval to construct 341 dwelling units within five (5) and six (6) story buildings, retail space and associated recreational amenities and parking on a 4.69 -acre parcel located at 101 South Federal Highway. Applicant: John Wohlfarth, IBI Group. (TABLED ON 5/20/14 AND 6/17/14) Motion Commissioner McCray moved to remove item B from the table. Vote The motion passed unanimously. Attorney Cherof inquired if the applicant had any objection to consolidating the public hearing on both items. The applicant indicated there would be no objection. July 1,2014 Attorney Cherof administered an oath to all those testifying. He gave a brief explanation of the process and procedure to be followed. Beatrice Hernandez, MSA Architects, 7695 SW 104 Street, Miami Florida, commented it had been a very collaborative effort with City staff. The property was located at the intersection of Ocean Avenue and Federal Highway. It would be a series of public plazas with residential overlooking the public area. It would include 340 residential units with approximately 20,000 square feet of commercial, retail and office space. The project would cover an entire City block. The sides facing the streets would have residential units opening to the sidewalk with private porches. The north side would have the retail component and plaza elements that provide break out space for retail. 15 Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 An art element was proposed that would provide a gateway into the community. The process has just started with a grand type of sculpture element that would define the entrance. The residential is more mid -block along Federal Highway referred to as the urban court. It is the resident and visitor drop off and pickup area and main entrance for pedestrians. The main amenities space is in the same area. Residents would be able to exit their units directly onto the sidewalk or within the building. It is an elegant design and timeless style with crisp, clear lines. The site plan shows the retail and commercial component on the first level and the second level would have the 7,000 square feet office component on the northwest side overlooking the plaza elements. The residential would be on the upper levels. The south end becomes more residential that would face the street and inward. The parking structure would be off of Federal Highway on Southeast 4 as well as surface parking for the retail. It is an active project. Mayor Taylor discussed the possibility of Palm Tran having a bus shelter at the project and he requested that be a condition of approval. Ms. Hernandez advised it would be possible and Palm Tran provided three potential solutions for locations along Federal Highway. There are currently ten proposed parallel parking spots along Federal Highway and the bus shelter may limit some of that parking. It was anticipated the parallel spots would be maintained on the south side. Palm Tran would be located at the other end and one space may be eliminated. Vice Mayor Casello wanted to know if there would be any dedicated spots in the parking garage for public parking. Ms. Hernandez replied there is a portion of the parking located on the ground floor being designated for retail. It is separated from the residential parking and retail. Mayor Taylor noted the residential parking is not gated until the second floor. Commissioner Fitzpatrick questioned if the existing parking spaces along Ocean Avenue were including in the total number of parking spaces available. Ms. Hernandez responded none of the on- street parking whether existing or proposed, outside of the property is counted toward the parking provided by the project. Mayor Taylor understood there were 47 more parking spaces than required. Commissioner Fitzpatrick pointed out Ocean Avenue is blocked off for events several times a year and it would be easier if the curb is angled to provide an easier flow. It would be more of a courtyard or plaza feel to the events. Tom Heyden with LeCesse Development, 302 Salvador Square, Winter Park, Florida pointed out the solution would have to be addressed with City staff. The goal was to make all the residents as safe as possible and his immediate concern was a lower curb would allow cars to more easily get on the sidewalk. Ms. Hernandez stressed some of 16 Meeting Minutes Regular City Commission Boynton Beach, FL the safety concerns are mitigated by the existing street parking. Commissioner Fitzpatrick wanted Ocean Avenue to be more of a pedestrian friendly area. Mayor Taylor questioned if financing could be addressed. Attorney Cherof advised it was not the proper time. The elements for determining rezoning are separate from the financing. Mr. Heyden indicated there are continuing discussions with the Community Redevelopment Agency (CRA) with no resolution at this point. Mayor Taylor inquired about the significance of approving the rezoning and site plan if there is no agreement on financing. Attorney Cherof advised the property would be rezoned upon approval. Financing could not be a condition of the rezoning. There is no financing request before the Commission. Ms. LaVerriere interjected this project is similar to other projects and the site plan is good for 18 months and could then be extended or expire. The financing would not tie to the Commission's approval of the zoning or the site plan. Nancy Byrne, Director of Development, clarified that financing would not be involved on any land use rezoning and /or site plan. Whether or not the CRA comes to an agreement with the developer on financing is totally unrelated to rezoning or site plan. If the developer cannot go forward, there would be a shovel -ready site available to be marketed. Attorney Cherof emphasized the Commission could table the matter if desired. Mayor Taylor remained concerned about approving the site plan and rezoning if the financing could not be worked out with the CRA. Vice Mayor Casello inquired if the project did not come to fruition could the land be rezoned. Ms. Byrne replied it could. The site plan would expire in 18 months. Commissioner Fitzpatrick commented the developer could sell the project and plans to another developer who could start construction immediately. The 75 conditions of approval and one addition were agreed upon by the developer with changes to items 24, 25 and 28. Number 24 and 25 and 28 are relative to the trees currently existing on the property. A tree consultant would be utilized to determine the health of the trees and the best option to save the trees. Mike Rumpf, Planning and Zoning Director, noted the modification would be omitting 28 and 24 and 25 would be modified as underlined. Number 24 would read, "There are a total of 48 existing trees on the site. Owners will engage a tree consultant to evaluate the health of the trees. Based upon the results, the Landscape Architect should create a Tree Management Plan sheet depicting existing trees and whether they are to be preserved in place, relocated or removed." Number 25 would read, "Subject to the results of the tree consultant report, the 29 existing Coconut Palm, 4 Royal Palms, 4 17 July 1, 2014 Meeting Minutes Regular City Commission Boynton Beach, FL Foxtail Palms, 2 Washington Palms, 1 European Fan Palm and 1 Pygmy Date Palm should be either removed or relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. The 2 existing Ligustrum trees, 2 Pink Tabebuia trees, 1 Black Olive tree, 1 Gumbo Limbo tree and 1 Tropical Almond tree should be either removed or relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. If relocated to a public property, City assumes responsibility for maintenance of the trees subject to City Codes." Staff assisted with the re- drafting of the three conditions of approval. There was consensus the Commission agreed with the proposed changes. Mr. Rumpf noted the conditions of approval are part of the site plan conditions. Mayor Taylor opened the issue for public hearing and no one came forward. Motion Commissioner Merker moved to approve Ordinance 14 -006 for rezoning. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion July 1, 2014 Commissioner McCray moved to approve the request for a new site plan and to include the conditions of approval and the changes. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Accept The Links at Boynton Beach Golf Course Five (5) Year Strategic Plan as presented by Ron Tapper, Golf Course Manager and; Ron Tapper, Golf Course Manager, displayed a presentation depicting the conditions of the golf course and the improvements made over the last nine months including improved landscaping, new fairway markers, GPS functionality on new golf carts, renovating the bunkers, edging and cleaning the lakes with the approval of the Audubon 18 Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 Society. Much of the maintenance was now being done by staff to reduce costs. All the bunkers would be returned to original elevations. The "Play for P.I.N.K." tournament continues at the Links raising over $100,000 with 85 to 90 participants. Another tournament is the South Florida PGA Sr Jr. Pro Pro with 118 golfers. There is a women and men team and a junior traveling team that play in leagues throughout Palm Beach County. There was a comparison of the fees charged by other public golf course in the area. The request was to increase the prices to meet budget needs. For the value of the play, The Links is in the middle range. Commissioner McCray inquired how the course was being marketed to the public. Mr. Tapper advised there was only a $10,000 advertising budget. Facebook is one source, word -of- mouth, advertising on the golf carts, coupons in the newspaper and advertising on the Golf Channel. Third party advertising would de -value the golf course. The aesthetic value of the golf course brings in the players. There was a brochure that would be distributed to the Commission. Vice Mayor Casello asked when the rates had previously been increased. Mr. Tapper replied the green fees were increased in 2008/2009. Commissioner Fitzpatrick understood the Audubon certification was a company and not the National Audubon Society environmental group. Ms. LaVerriere asserted the certification was from the National Audubon Society. Commissioner Fitzpatrick would research the matter. He suggested the Australian Pines be phased out to oaks or southern yellow pine. Mr. Tapper responded some of the trees cannot be removed or moved because they provide protection between holes. There are adjoining fairways. They were working on grants to replace some trees for beautification. Mayor Taylor opened the issue for public comment and no one came forward. Motion PROPOSED RESOLUTION NO. R14 -057 - Approve rate increases for cart & green fees, annual permits, Links club cards, and fees for other optional services at The Links at Boynton Beach Golf Course. Commissioner Merker moved to approve Proposed Resolution No. R14 -057. Commissioner McCray seconded the motion. Vice Mayor Casello remarked he spent a significant amount of time at The Links playing golf and Mr. Tapper and his staff had done a complete transformation. The course is an asset and amenity for the City. He suggested the budget include some funding to assist 19 Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 the golf course to remain the best public golf course in South Florida as designated by Golf Digest. Commissioner Merker agreed it was a beautiful course and it should be maintained accordingly. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 14 -009 - SECOND READING - PUBLIC HEARING - Approve amendment to the Land Development Regulations (LDR) modifying minimum floor area ratio (FAR) for projects zoned Mixed Use -High (MU -H). Attorney Cherof read Proposed Ordinance No. 14 -009 by title only, on second reading. Motion Vice Mayor Casello moved to approve Proposed Ordinance No. 14 -009. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public comment and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 14 -010 - SECOND READING - PUBLIC HEARING - Approve the removal of Garage Sale Permit requirements. Attorney Cherof read Proposed Ordinance No. 14 -010 by title only, on second reading. Motion 20 Meeting Minutes Regular City Commission Boynton Beach, FL July 1,2014 Commissioner McCray moved to approve Proposed Ordinance No. 14 -010. Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public comment and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Emergency Medical Transport Ordinance and Fee Schedule -TBD B. Extend the Little League Field maintenance agreement with the Boynton Beach Athletic Association (BBAA) 7- 16 -14. C. Receive report from City lobbyist on 2014 Legislative Session and discuss goals for 2015 - July 16, 2014 Vice Mayor Casello requested the lobbyist appear at the next meeting rather than submit a written report. Ms. LaVerriere advised the lobbyist would be present and a new individual would be introduced also. Vice Mayor Casello suggested it be done a couple times a year or quarterly. Ms. LaVerriere agreed and any other suggestions could be built into the contract. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:45 p.m. (Continued on second page) 21 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: et M. Prainito, MMC ity Clerk dith dith A. Pyle, CM eputy City Cler CITY OF BOYNTON BEACH Michael M. Fitzpatrick, Comm ` Toner 22 Casello, Vice Mayor July 1,2014 r - Development I &Z PROJECT NAME: 500 Ocean (NWSP 14-002) Psuild10pini9 acc Li099 APPLICANT: Thomas Hayden, Morgan Boynton Beach LLC 06 , uce tv city Clerk q APPLICANT'S ADDRESS: 650 S. Northlake, Suite 450, Altamonte Springs, FL 327T. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 1, 2014 APPROVAL SOUGHT: New site plan approval for a mixed use project consisting of 341 dwelling units within five (5) and six (6) -story buildings, retail space, and associated recreational amenities and parking, zoned MU -H (Mixed Use High). LOCATION OF PROPERTY: 101 S. Federal Highway, SW corner of Federal Highway and Ocean Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: `1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicafit HAS HAS NOT IIIIII!IIIIII ; "-4m[ ",Ems W-.]': 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applic;nt's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 6. All further development on the property shall be made in accordance with the terms and conditions of tWis order. 7. Other: DATED: F w «mom T® D � _ n. R I r | n m«9© « / a� INC. k# m r, / {\FLORIDA °ARCHAgmE&PLNNIN _ mmm BEACH, I Blom m ir m El ri > 0 I Blom 500 OCEAN MSA u )ARCHITECTS Lm TW nT- BOYNTON BEACH, FLORIDA ARCHITEC MIRE & PLANNING —j— In5l El ri 500 OCEAN MSA u )ARCHITECTS Lm TW nT- BOYNTON BEACH, FLORIDA ARCHITEC MIRE & PLANNING —j— R R !' ! ! R • R Project Name: 500 Ocean File number: NWSP 14-002 Reference: 3`d review plans identified as a New Site Plan with a April 15, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE T ENGINEERING / PUBLIC WORKS 1 FORESTRY / UTILITIES Comments: 1. Prior to TCO, CO , and/or acceptance of any offsite improvements the required five (5) foot minimum unobstructed sidewalk easement for public access adjacent to NE 4th Street, SE 2nd Avenue, and Ocean Avenue must be recorded and dedicated to the City. Also X provide a written acknowledgement that all sidewalks located within the dedicated easements will be maintained by the developer and/or property owner. 2. A Developer's Agreement will be required to ensure future and perpetual maintenance of street lighting used to illuminate public X right of way by developer. (Ocean Avenue, SE 4th Street, SE 2nd Avenue, and Federal Highway). 3. Please provide decorative and removable bollards on Fire Department access area to prevent motorists from driving over the X curb at entrance to plaza from surface parking. 4. Please provide an updated traffic study with current data from recent submittal. (i.e. — additional square footage of Retail and X Office space). 5. Please clarify the proposed and required number of handicap parking spaces associated with commercial/retail on sheet A0.1. X 6. Sheet A1.1 indicates a 10 foot high trellis at the leasing center handicap parking. Please increase trellis clearance to allow for van X accessible handicap parking. 7. Please clarify location of unobstructed sidewalk easement at Plaza #3; i.e. — at grade landscape planters. X 8. Section D -D on sheet C5.0 does not appear to match plans regarding location of property line. Please correct. X 9. Proposed easement along SE 2"d Avenue adjacent to ROW shall be extended to property line to include all improvements up to and X including 5 feet of sidewalk. 10. Please depict location of 5' sidewalk easement on all cross sections on sheet C5.0. X 11. On sheet C4.0, the location of proposed fire hydrant is obstructed by text at Plaza 2. Please correct. X Conditions of Approval Paae 2 of 9 DEPARTMENTS 12. On sheet A1.11, please clarify limits of raised covered terrace in between Retail #2 and Plaza #11. Plans do not clearly depict the clear pedestrian access along Ocean Avenue. 13. Proposed landscape planter would be located within 12 foot utility easement for 12 inch water main east of Retail #3 and Plaza #11. Please correct. 14. Based on the traffic study and peak hour traffic patterns the Developer is responsible for modifying the intersection of Ocean th Avenue and SE 4 Street from a four way stop condition to allow for free flow of traffic along Ocean Avenue to prevent vehicles from stacking at railroad crossing. 15. Please provide narrative with the intentions on how staging and storage will be handled during the construction process. 16. No TCO and/or CO will be issued until 1) at least 50% of the retail space has received a Certificate of Completion as a vanilla shell box or 2) City staff agrees to an alternative to the requirement which insures the retail space will be constructed along with the residential and garage buildings. 17. Please provide typical cross section for retail parking and typical cross sections at property lines located on SE 2nd Avenue, NE 4 th Street, and Ocean Avenue. 18. Please provide a cross section detailing how drainage adjacent to buildings will be protected and access provided for future maintenance. 19. Please provide drainage easement for conveyance of storm water through drainage system located on private property. Also an agreement in a form acceptable to the City will be required to ensure developer's future and perpetual maintenance/repair of relocated drainage system located on private property for conveyance of storm water. 20. Please provide written consent from all utility owners from the abandoned rights-of-way if the utility infrastructure is to" remain. Please be sure to include language that allows buildings to be located on top of any utility infrastructure. 21. Please provide fire flow calculations demonstrating a minimum fire flow of 1,500 gpm at 20 psi. 22. The fee for water quantity will be calculated by multiplying the total square footage of impervious area for the site by $0.18/sf. Per the Code, this fee must be paid prior to the issuance of the building permit for new construction and/or redevelopment in the Downtown Watershed. 500 Ocean (NWSP 14-002) Conditions of Approval Paae 3 of 9 DEPARTMENTS INCLUDET 23. Capital facilities charge credits will be available for the pipelines that are oversized in accordance with the provisions of Chapter 26 of the City's Code of Ordinances. The estimates for these additional utility installations are detailed in the attached Exhibit 1, which X breaks down the utilities by segment and the responsible parties. Actual cost will be determined by contractor pricing at time of permit issuance. 24. There are a total of 48 existing trees on the site. Owners will engage a tree consultant to evaluate the health of the trees. Based upon the results, the Landscape Architect should create a Tree X Management Plan sheet depicting existing trees and whether they are to be preserved in place, relocated or removed. 25. Subject to the results of the tree consultant report, the 29 existing Coconut Palm, 4 Royal Palms, 4 Foxtail Palms, 2 Washington Palms, 1 European Fan Palm and 1 Pygmy Date Palm should be either removed or relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. The 2 existing Ligustrum trees, 2 Pink Tabebuia trees, 1 Black X Olive tree, 1 Gumbo Limbo tree, and 1 Tropical Almond tree should be either removed or relocated to green spaces on the site or coordinated with the City to be relocated offsite to a public property. If relocated to public property, City will assume responsibility for maintenance of the trees subject to City Codes. 26. Please indicate the total diameter inches of existing trees on the site to be removed and replaced (if applicable) on the site. The replacement trees should be shown by separate symbol on the X formal landscape plan sheet. 27. There should be created a "Height and Spread" column showing the sizes of all of the shrubs and shrub areas plantings. Additionally, there should be a landscape notes & details sheet that includes a shrub and shrub areas planting detail indicating where X the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. FIRE Comments: 28. All previous items addressed. X POLICE 29. All previous items addressed. X BUILDING DIVISION • VAL- K-WI I ZOO 500 Ocean (NWSP 14-002) Conditions of Approval Paae 5 of 9 � SM -, -. M,� UOMAK-100 �-MzTomn-fim I -mrEm22;F-,wDrzT�TS �1- I P 1P 0 0 On i ME 15010 F—MUTOUH VAX or* M2 500 Ocean (NWSP 14-002) Conditions of Approval Page 6 of 9 DEPARTMENTS INCLUDE REJECT 48. Storage areas in the garage and the residential building shall be separated from adjacent spaces by fire rated construction, per X Table 508.4 of the 2010 FBC. 49. Please submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2010 FBC, X Table 705.8, 50. Please show the building setback distances from the leading edge of the buildings to the centerline of each roadway. The required fire rating of all exterior walls shall comply with Table 602 of the 2010 X FBC, based on fire separation distance. 51. The building wall on the north side of Plaza #1 shall be of 1 hour fire rated construction due to the setback dimension of 26'-2" and the X type of construction, per the 2010 FBC Table 602. 52. Please provide the building setback dimension from the center line of Ocean Avenue to the face of the exterior wall of Retail 2. The exterior wall of Retail #2 may be required to be fire rated X construction, in accordance with Table 602 of the 2010 FBC. 53. The exterior wall of the residential building on the southwest corner shall be of 1 hour fire rated construction due to the setback dimension of 29'-4" and the type of construction, per the 2010 FBC X Table 602. 54. The exterior wall of the residential building on the south side shall be of 1 hour fire rated construction due to the setback dimension of X 25'-8" and the type of construction, per the 2010 FBC Table 602. 55. The corridors in the residential area shall be fire rated per the 2010 FBC, Section 1018.1, Table 1018.1 and Section 709. X 56. Sheet HS -6, the cabana and covered pavilion shall comply with the Federal and Florida Fair Housing Act. X 57. All exterior amenities (fire pit, summer kitchen, corn hole lawn, pool, etc.) shall comply with the Federal and Florida Fair Housing Act. X PARKS AND RECREATION Comments: 58. The Recreation Impact Fee for the project is $202,895, based upon 341 multi -family dwelling units multiplied by $595 per unit, and shall X be paid at time of permit application. PLANNING AND ZONING W F ",W, 171'7 Conditions of Approval Paae 7 of 9 oil^ LONE-jue I I IMM ON 0 00 0 500 Ocean (NWSP 14-002) Conditions of Approval I Ulm 041,7=- NroM 0 ........... IV -AMC 1111 MIRTMIN 500 Ocean (NWSP 14-002) Conditions of Approval Paae 9 of 9 DEPARTMENTS INCLUDE REJECT 74. On the plan submittal cover sheet and elevation sheet there appears to be two different shades of accent color "B" shown either intentionally or unintentionally. Our preference would be the lighter of these shades as we feel the visual impact would less X objectionable to the CRA Board but understand the architect's intention for accent. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined.