Minutes 05-05-15MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD,
BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 5, 2015 AT 6:30 P.M.
PRESENT
Jerry Taylor, Mayor
Joseph Casello, Vice Mayor
David T. Merker, Commissioner
Mack McCray, Commissioner
Michael M. Fitzpatrick, Commissioner
1. OPENINGS
A. Call to Order - Mayor Jerry Taylor
Invocation by Pastor Dave Simiele of Christ Fellowship Church
Pledge of Allegiance to the Flag led by Commissioner Merker
Chair Taylor called the meeting to order at 6:30 p.m.
Pastor Simiele gave the invocation. Commissioner Merker led the Pledge of Allegiance
to the Flag.
Agenda Approval:
None.
1. Additions, Deletions, Corrections
Lori LaVerriere, City Manager
James Cherof, City Attorney
Janet M. Prainito, City Clerk
2. Adoption
Motion
Commissioner Merker moved to approve. Commissioner McCray seconded the motion
that unanimously passed.
2. OTHER
A. Informational items by Members of the City Commission
Commissioners McCray, Merker and Fitzpatrick had no items.
Meeting Minutes
City Commission
Boynton Beach, Florida
Vice Chair Casello noted Police Chief Katz held a quarterly meeting at the Library. It
was very productive, and he applauded him for meeting with various communities to
hear the residents' concerns. Commissioner McCray also thanked the Chief for the
Town Hall meeting. He thanked Vice Chair Casello for his assistance trying to improve
the situation involving the INCA neighborhood and the U -Haul on Federal Highway. He
commented he represents District II and although Vice Chair Casello did not, he was
involved in the matter and it was improved. They represent the entire City.
Mayor Taylor welcomed City Manager Lori LaVerriere back from a short medical
absence and complimented Assistant City Manager Carisse LeJeune for running the
City in her absence.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Accept Legislative Update by Lori Berman, House Representative, District 90
Representative Lori Berman announced the Legislative Session ended three days early
because the House and Senate could not agree on a budget. The fiscal year starts
June 30 and she anticipated a Special Session would be held. The Senate proposed
an $80 billion budget to include Medicaid expansion and which the proposed House
budget of $76 billion excluded. She noted Medicaid expansion would cover about
800,000 Floridians and would enable the State to draw down $4 billion a year from the
federal government.
Other bills that passed pertained to:
Other bills anticipated to come before them during Special Session may include:
May 5, 2015
• Voluntary certification of sober homes;
• Changing a water catchment area to accommodate a proposed baseball spring
training facility; and
• Reduction of student testing and the ability of school districts to commence
school on August 10th
• Legislation specifying whether cities or utilities have to pay to relocate utilities;
• Reducing the Communications Tax by $400 million dollars and holding cities and
counties harmless for one year; and
• Initiatives regarding water quality and land conservation
B. Recognize Stacy Greenberg, Palm Beach County's "Teacher of the Year ".
Mayor Taylor recognized Stacy Greenberg as Palm Beach County's "Teacher of the
Year ". Ms. Greenberg teaches at Poinciana Elementary School, a STEM Magnet
School, and was present with her children and Principal Lisa Lee. Mayor Taylor
2
Meeting Minutes
City Commission
Boynton Beach, Florida
May 5, 2015
conveyed her background and many accomplishments and presented her with a
plaque. Ms. Greenberg expressed she was honored and it felt good to be recognized
for her hard work.
C. Presentation of a plaque expressing the Recreation & Parks Department's
appreciation for the support received from Christ Fellowship and Omega Psi
Phi Fraternity during the annual EggStravaganza event and other recreation
activities
Wally Majors, Director of Recreation and Parks, displayed a photo of the Annual
EggStravaganza and announced the event drew over 3,000 people this year. He
acknowledged the contributions made by the church and fraternity. He requested
Cameron Simmons of Omega Psi Phi and Pastor Dave from Christ Fellowship Church
join him at the podium with Todd Johnson, Recreation Supervisor, who organizes the
event. The volunteers adopted Hester Park and beautified the playground, helped paint
City Hall, provided 25 volunteers to assist with the Annual Holiday Parade, and provided
help with the EggStravaganza. He thanked Cameron Simmons and Pastor Dave.
Pastor Dave introduced his team of volunteers who were present.
D. Announcement by Recreation & Parks Director Wally Majors regarding the
Let's Get Physical event, which will be held at Barrier Free Park on
Saturday, May 9 from 9am - 10:30am.
Mr. Majors explained this was a monthly series of free events at Barrier Free Park. He
invited all to attend and meet the Cat in the Hat, participate in three - legged races, yoga
and more.
E. Presentation of the annual Youth Volunteer Bank awards by members of
the Education & Youth Advisory Board.
Steve Waldman, Chairman of the Education and Youth Advisory Board, explained
the Board encourages all to volunteer and the Youth Volunteer Bank was created in
1997 by the Board to promote volunteerism in the community. It is a partnership with the
City, local businesses, volunteer and religious organizations, and youth volunteers.
This year, 13 volunteers from grades K -9 recorded 325 hours of community service.
Since inception of the program, 797 youth logged over 59,500 volunteer hours and
$22,770 in savings bonds and prizes have been awarded. Certificates and a small gift
were given to the volunteers.
F. Presentation of the annual "Bob Borovy Student Citizen of the Year" Award
by members of the Education and Youth Advisory Board.
Mr. Waldman presented the history of the program which was created in 2000 to
recognize a graduating high school senior who best represents volunteerism and giving
3
Meeting Minutes
City Commission
Boynton Beach, Florida
May 5, 2015
to the community. Mr. Borovy was a veteran, member of the Board and active member
of the community for many years. High School Seniors write an essay on what they
have learned from volunteer community service, provide three letters of
recommendation, be of good character, performed significant volunteer work and made
significant contributions. The award is funded through donations secured through the
Board and the winner is selected by a panel of judges including the prior year's winner.
This year, the second place recipient, Marvel Joseph, received $150. The first place
Student Citizen of the Year, Megan Backus, received $500 and will have her name on a
permanent plaque displayed at City Hall. Mr. Waldman also praised Board Liaison
Sherrie Claude for her service to the Board.
Mayor Taylor thanked the Board and award winners and commented he frequently
receives complaints about debris on MLK. He requested the Board consider sending
volunteers to the area twice a week for a cleanup with City provided trash bags. It was
hoped that by residents seeing youth cleaning up the area, the neighborhood would
continue that effort. The children would set the example for the community.
Commissioner McCray suggested contacting the Boynton Beach Ministerial Alliance.
G. Proclaim the month of May as "National Preservation Month ". The
Proclamation will be accepted by Dorothy Block and Henry Calway on
behalf of the Palm Beach County Archaeological Society and the
Advocacy Anthropology Syndicate.
Mayor Taylor proclaimed the month of May as National Preservation Month. Henry
Calway and Dorothy Block were present to accept the award. Mr. Calway praised
Warren Adams, the City's Historic Preservation Planner, who was their contact on
projects through the Archaeological Society and Advocacy Anthropology Syndicate. He
thanked Ms. Block, founder of the Archaeological Society and professor at Palm Beach
State College, and his mother.
Mr. Adams explained he had invited Mr. Calway and Ms. Block to the meeting because
they were instrumental with the archeological digs at Girl Scout Park and they worked
for two days trying to find signs of early human habitation in Boynton Beach. They did
this free of charge and it was a good way to liaise with colleges and university programs
that teach the subjects. He thanked them for their hard work.
H. Proclaim May 2015 as Cigarette Litter Prevention Month.
Mayor Taylor read the proclamation. Wally Majors explained Boynton Beach is the only
City in Palm Beach County to obtain a grant to keep Palm Beach County beautiful.
They installed equipment at parks as incentives to dispose of cigarettes appropriately.
He noted there is a lot of litter on the road and beaches, and the lifeguard was
distributing pocket ashtrays. They also had car ash trays that fit in the console cup
holders. The grant was $5,000 and it included educational components and signage to
4
Meeting Minutes
City Commission
Boynton Beach, Florida
May 5, 2015
make people aware improper cigarette butt disposal is a problem, especially because
they take a long time to decompose.
I. Proclaim May as Better Hearing Month and present the Proclamation to
Dr. Deborah Kroll, Doctor of Audiology, CCC -A.
Dr. Deborah Kroll was present to receive the proclamation read by Mayor Taylor. She
informed the City Commission hearing loss is the third most common health problem.
President Ronald Reagan was fitted with a hearing aid while in office and he authorized
a Congressional Proclamation in 1986 declaring May as Better Hearing and Speech
Month. She encouraged all to get their hearing tested.
J. Proclaim May 2015 as National Mental Health Month.
Mayor Taylor read the proclamation and advised Mental Health was a problem that
affects everyone and the City Commission proactively appointed a Mental Health
Committee. He commented mental health was not financially supported in the country
and funding for it was not in the Florida budget. The City Commission was doing what
they could on a local level.
Gerda Kline, member of the Mental Health Committee, was honored to accept their
seventh proclamation from throughout Palm Beach County and thanked the Mayor and
City Commission for promoting their efforts. She described their initiatives and outreach
and expressed her appreciation for the Mayor's, former Mayor Hay's and the City
Commission's vision to make Boynton Beach a model city for mental health.
K. Proclaim May as Building Safety Month in order to help promote citizen
awareness of building safety, energy efficiency, water conservation and
sustainability.
Development Director Nancy Byrne accepted the Proclamation read by Mayor Taylor
proclaiming May as Building Safety Month.
L. Proclaim the week of May 3 -9, 2015 as "Municipal Clerks Week ".
Mayor Taylor presented the proclamation designating May 3rd — 9 as Municipal Clerks
Week to Janet Prainito, Master Municipal Clerk. Commissioner Merker thanked her for
her assistance and guidance. Commissioner McCray agreed.
M. Budget Workshops dates /times for FY 15/16 Operating and Capital
Budget to take place in City the Library Program Room on the following
dates:
• Monday July 20, 2015 2:00 p.m.
5
Meeting Minutes
City Commission
Boynton Beach, Florida
• Tuesday July 21, 2015 10:00 a.m.
• Wednesday July 22,2015 2:00 p.m. (if needed)
May 5, 2015
Mayor Taylor announced the budget workshop dates as noted above. Commissioner
McCray thanked the Library Director and announced they have a website with
magazines residents can read.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this three - minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Lori Wilkinson, Chair of the Greater Boynton Beach Foundation, announced the
Palm Beach County Great Give. This was an initiative Martin and Palm Beach Counties
have been participating in, and for the first time, the Greater Boynton Beach
Foundation. Donors can go online to the website and donate to the many registered,
non - profit organizations listed. Donations can be for as little as $10, and if the
donations are made before the deadline, generous corporations will contribute as well.
Dr. Piotr Blass, 113 West Tara Lakes Drive, commented the spirit of volunteering in
Boynton Beach was good. He commented he met the Mayor of an area in Warsaw
Poland, and he was interested in becoming a Sister City to Boynton Beach.
Mayor Taylor closed public audience.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards. The following Regular (Reg) and Alternate (Alt)
Student (Stu) and Nonvoting Stu (NN Stu) openings exist:
Arts Commission: 1 Alt
Building Board of Adjustments and Appeals: 1 Alt
Cemetery Board: 1 Reg and 1 Alt.
Education and Youth Advisory Board: 1 NN Stu
Employees' Pension Trustees: 1 Reg.
Golf Course Advisory Committee: 1 Reg and1 Alt
Historic Resource Preservation Board: 1 Alt
Library Board: 1 Reg
Recreation and Parks Board: 1 Alt
Senior Advisory Board: 1 Reg and 2 Alts
6
Meeting Minutes
City Commission
Boynton Beach, Florida
Motion
May 5, 2015
Commissioner McCray moved Ms. Joy Pile be placed on the Cemetery Board. Vice
Chair Casello seconded the motion that unanimously passed.
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. R15 -043- Amend the FY 2014 -2015
budget, which will adjust budgeted appropriations and revenue sources
and provide spending authority for current and prior year Adopted Capital
Improvement Projects.
B. PROPOSED RESOLUTION NO. R15 -044 - Authorize the City Manager to
execute a 3 -year lease with GPS Technologies, Inc. to provide GPS
devices on the Golf Carts at the Boynton Beach Links Municipal Golf
Course for a one -time set -up fee of $1,615 and a monthly cost of $680
($8,160 annually).
C. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General
Fund and the Utilities Fund for the six (6) month period ending March 31,
2015.
D. Approve award of the bid for the "Replacement of the HVAC System for
the Art Center" to SUPA Air and Heat Inc. of Hollywood, FL in the amount
of $46,650.00.
E. Approve the "Sixth Avenue Estates" record plat, conditioned on the
approval being the certification of the plat documents by Andrew P. Mack
(Building Official /City Engineer).
F Approve the minutes from the Regular City Commission meetings held on
April 21, 2015 and the Strategic Planning Workshop held on April 24,
2014.
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R15 -045 - Approve a contract with
Davco Electrical Contractors Corporation of Boynton Beach, Florida; Bid
No. 039 - 2730- 15 /JMA for the installation of six new lights for four courts at
7
Meeting Minutes
City Commission
Boynton Beach, Florida
the City of Boynton Beach Tennis Center for the total lump sum price of
$139,800.
Mayor Taylor presented the resolution.
Motion
Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the
motion.
Vice Chair Casello inquired about the replacement of six poles and asked if they could
be repaired. Mr. Majors explained the current poles are 20 years old and needed to be
replaced or removed. They are being replaced by a more durable and longer lasting
pole. He also explained in response to a question from Vice Chair Casello, the Tennis
Center is subsidized as was the beach and all the parks.
Vote
The motion unanimously passed.
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.
Motion
May 5, 2015
A. PROPOSED RESOLUTION NO. R15 -046 - Approve amendment to the
Purchase and Development Agreement adopted by Resolution R14 -107
between the City of Boynton Beach and Boynton Beach Faith -Based
Community Development Corporation (BBFBCDC).
Commissioner McCray moved to approve. Commissioner Merker seconded the motion
that passed 4 -1 (Commissioner Fitzpatrick dissenting.)
B. SECOND PUBLIC HEARING - Approve land development agreement
between the City of Boynton Beach and SKYE at Boynton Beach, LLC
that involves defining the developer maintenance obligations and process
for credits to certain impact fees. (PROPOSED RESOLUTION NO. R15-
047)
8
Meeting Minutes
City Commission
Boynton Beach, Florida
Motion
Motion
Vote
The motion unanimously passed.
9
May 5, 2015
Vice Chair Casello moved to approve. Commissioner McCray seconded the motion that
unanimously passed.
10. CITY MANAGER'S REPORT — None
11. UNFINISHED BUSINESS — None
12. NEW BUSINESS
A. PROPOSED RESOLUTION NO. R15 -048 - Authorize issuance of a not to
exceed $25,000,000 principal amount of Public Service Tax Revenue
Refunding Bond, Series 2015 in order to refund a portion of the City's
Public Service Tax Revenue Bonds, Series 2004 and Series 2006.
Commissioner McCray moved to approve. Commissioner Merker seconded the motion.
Tim Howard, Finance Director, advised the City Commission approved a rate -lock
agreement for the bond at the last meeting and this item contained the final documents.
The new rate was 1.95% versus 4% to 5% saving $2.6 million in interest over the next
12 years.
Commissioner Fitzpatrick noted the City of Delray Beach did the same thing but
borrowed more money at a lower price for capital improvements. Mr. Howard explained
they likely did a refunding plus new money transaction. The City of Boynton Beach
could opt to do the same.
City Manager Lori LaVerriere thanked Mr. Howard and Mark Raymond, the City's Bond
Counsel, for watching the market and bringing the matter forward, saving the City
money. Mayor Taylor agreed with Ms. LaVerriere.
B. Discuss communication by City Board Members - this has been requested by
Commissioner Merker for the Commission to discuss.
Commissioner Merker explained he respects any citizen that serves on a City Board,
even if he disagrees with them. He thought there were potential legal, ethical and
Meeting Minutes
City Commission
Boynton Beach, Florida
possibly personal gains to be had and flagrant issues that occurred over the last few
months. He referenced Neighborhood Renaissance and Hudson Holdings, who were
granted permission to move forward by the CRA. The other party that applied was
Auburn Development. Commissioner Merker did not believe there should be a lobbyist
serving as the current Chair of the Planning and Development Board. He was a lobbyist
for Auburn Development a /k/a Florida Affordable Housing and is currently a lobbyist for
the Lake Drive Association. When the two parties granted the RFP could not produce a
development agreement, they withdrew. The Planning and Development Chairman
appeared and recommended the CRA Board reconsider Auburn Development, and the
CRA Board denied the request.
He referenced a development matter with Hovnanian Homes and the Lake Drive
Association, and the City approved the development project. The Association is
attempting to have the project reconsidered and the Planning and Development
Chairman is their lobbyist. When there is business before the City and CRA Board, the
Planning and Development Chair has reached out to the businesses, developers and
others using the title Planning and Development Chair. Commissioner Merker thought it
was obvious the Chair could be discussing personal gains.
More recently the respondent that was awarded the two restaurants on Ocean Avenue
was contacted by the same lobbyist, but never spoke to him. He believed there should
be a change to the Land Development Regulations, Chapter 1, Article VII, Section 3,
regarding the Planning and Development Board. He thought the City should be smart
and avoid any legal or ethical problems that could arise. He emphatically stated
lobbyists should not be on any Boynton Beach City Board.
Motion
The motion died for lack of a second.
10
May 5, 2015
Commissioner Merker moved the City Commission make the change immediately and
remove the current Chair of the Planning and Development Board. He is a documented
lobbyist.
Vice Chair Casello inquired if any actions have been brought against the lobbyist, if he
broke the law, or if anyone was looking into the matter. Commissioner Merker explained
that was not the issue. The issue was there are potential issues and lobbyists should
not sit on any of the Boards. The lobbyist represents himself. He contacts developers
and having a title makes it easier to speak with developers.
Vice Chair Casello asked if Commissioner Merker believed it possible someone could
wear two hats and learned the potential for problems was there. The Mayor commented
it was important Planning and Development Board members have dialogues with
developers to learn more about their projects. Mayor Taylor did not believe the person
Meeting Minutes
City Commission
Boynton Beach, Florida
was a lobbyist for the first project and Mr. Merker countered it was documented. Mayor
Taylor suggested he provide the person's name and advised he was not lobbied by him
for any project.
Commissioner Fitzpatrick noted there was no back up for this item, which would have
made it easier to consider. In reference to communication, this was a CRA matter. He
thought Commissioner Merker was coming to the CRA meetings uninformed, because
ever since his unfortunate incident, he refused to meet with the Director and /or Deputy
Director of the CRA which was detrimental to the Board. Commissioner Merker thought
that was irrelevant. There was no negativity with his voting and it has been supported.
Commissioner Merker thought anything could happen, and he questioned why not make
changes to avoid problems. Mayor Taylor commented the City Commission did not
share his concern as there was no second to his motion.
Commissioner McCray suggested discussing the matter at the Strategic Planning
meetings and thought this was not the correct time or forum to discuss the matter. He
pointed out Commissioners have to provide full disclosure. He thought the item aired
dirty laundry.
Commissioner Merker explained the City Commission had to make disclosures, but not
those that serve on Boards and trouble could arise when members wear more than one
hat.
13. LEGAL
A. PROPOSED ORDINANCE NO. 15 -013 - FIRST READING - Scheduling the
date of the City's 2016 General Municipal Election, Pursuant to section
101.75, Florida Statutes to March 15, 2016 to coincide with the 2016
Presidential Preference Primary; and providing for the qualifying period for the
2016 Municipal General Election.
Mayor Taylor presented the item.
Motion
Mr. McCray moved to approve. Vice Chair Casello seconded the motion. City Clerk
Prainito called the roll. The vote was 5 -0.
Attorney Cherof announced there would be a second reading of the Ordinance. It
moved the Municipal Elections from March 8 to March 15, 2016, and changed the
qualifying period to open on November 3 and close on November 17 Ms. Prainito
confirmed this was a requirement of the Supervisor of Elections.
11
May 5, 2015
Meeting Minutes
City Commission
Boynton Beach, Florida
14. FUTURE AGENDA ITEMS
B. Presentation of legislative summary by City's lobbyist - Mat Forrest - May
19, 2015
15. ADJOURNMENT
There being no further business to discuss, Mayor Taylor properly adjourned the
meeting at 7:49 p.m.
ATTEST:
A. Recommendation to amend fee schedule and related Code language
involving special events — May 19, 2015
et M. Prainito, MMC
ity Clerk
uDA
Catherine Cherry
Minutes Specialist
12
CITY OF BOYNTONBEACH
sello, Vice Mayor
t
David T. Merker, Com ioner
cC ry, Comm - . ner
Mac
May 5, 2015
Michael M. Fitzpatrick, C mmissioner