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Minutes 06-02-15PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 2, 2015 AT 6:00 P.M. Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6 p.m. 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk CLOSED DOOR SESSION held on June 2, 2015 at 6:00 p.m. for a private attorney - client session to discuss pending litigation in the case of Lloyd E. Minnis, Plaintiff vs. City of Boynton Beach, Defendant - In the Circuit Court of the Fifteenth Judicial Circuit, In and For Palm Beach County, Florida Case No. 2015 CA 000172 Division AE Attorney Cherof announced the City Commission would recess to a closed -door session to discuss pending litigation, Lloyd E. Minnis versus the City of Boynton Beach. It is pending in the 1 5 Judicial Circuit for Palm Beach County, Case No. 2015 CA 000172 Division AE. In attendance would be the members of the Commission, City Manager, City Attorney and Tracey DeCarlo, Assistant City Attorney. At the conclusion of the closed -door session, the Commission would reconvene in Chambers and the regular meeting would continue. Mayor Taylor recessed the meeting for the closed -door session at 6:01 p.m. Mayor Taylor reconvened the meeting at 6:32 p.m. He noted Commissioner Merker had joined the closed -door session. The session had concluded and the regular City Commission was called to order. Roll call was taken as indicated. Invocation Commissioner McCray offered the invocation. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL Vice Mayor Casello pulled Item 6.F. Motion 2. Adoption Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission 2 JUNE 2, 2015 Commissioner Fitzpatrick led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor added Item 3D. Proclamation for National Garden Week and advised Item 13.0 should be removed from the agenda as the situation had been resolved. Commissioner Merker moved to approve the agenda as amended. Commissioner McCray seconded the motion. Commissioner McCray and other Commissioners had gone to the National Children's Oasis International luncheon that honored Battalion Chief Latosha Clemons of the Fire Department. Commissioner Merker had gone to the same gathering and commended Beth Ann and Ray Whitely for being "a true class act." Their efforts to assist families from other countries have been admirable. He remarked Chief Latosha Clemons is intelligent, hardworking and makes the City proud. He congratulated her on the promotion and was sure she would continue to succeed. Vice Mayor Casello congratulated the Whitelys who do a great job with their foundation and in Jamaica. The Fire Department was well represented at the event and Chief Murphy did an outstanding job. Vice Mayor Casello disclosed he had met with Michael Weiner and discussed the well -being of the City of Boynton Beach. Commissioner Fitzpatrick had gone to the Metropolitan Planning Organization (MPO) meeting, the Memorial Day ceremony at the cemetery and Battalion Chief Clemons' recognition luncheon. MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL JUNE 2, 2015 Commissioner McCray remarked the City Manager and Fire Chief were significant in the success of Latasha Clemons. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors about the "Wacky Water Day" event, which will be held at Denson Pool on Saturday, June 13, from 10 a.m. to noon, free of charge to the public. Wally Majors, Director of the Recreation and Parks, announced another one of the monthly family events.. This month the theme was Wacky Water Day to be held on June 13 from 10 a.m. to noon at the Denson pool. It would be fun for all with healthy snacks too. B. There will be joint City /CRA Special Meetings and Workshops for Strategic Planning on the following dates at Intracoastal Park Clubhouse: Tuesday, June 16, 2015 beginning at 9:00 am Wednesday, June 17, 2015 beginning at 9:00 am Mayor Taylor announced there would be a joint City /CRA Special Meeting on June 16 and 17 at the Intracoastal Clubhouse. The discussion would relate to Strategic Planning. The Tuesday, June 16th meeting would commence at 9 a.m. and the Wednesday meeting had been changed to commence at 1:30 p.m. on June 17 C. Proclaim special recognition upon the Lake Worth Drainage District on the occasion of its 100 Anniversary. Mayor Taylor read a Proclamation recognizing the 100 anniversary of the Lake Worth Drainage District. Patrick Martin from the Lake Worth Drainage District was present to accept the Proclamation. Mr. Martin thanked the Commission and City of Boynton Beach. There was a good relationship between the City and the Drainage District. He invited the Commission to the celebration. The District has supplied water and flood protection for over 100 years. D. Proclaim the week of June 7 -13, 2015 as National Garden Week Mary Schietler from the Boynton Beach Garden Club was present to accept the Proclamation for Nation Garden Week as read by Mayor Taylor. Ms. Schietler commented the Boynton Beach Garden Club was getting more involved with the City and staff to beautify the City. Vice Mayor Casello interjected he would like to pull Item 6.G from the Consent Agenda. 3 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL Motion JUNE 2, 2015 Commissioner McCray moved to reapprove the agenda as amended. Commissioner Fitzpatrick 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) LuLu DeCamara, 836 East Drive and secretary of the Inlet Cove Association (INCA), had noticed some sprinklers along North Federal Highway have now been repaired and working. She hoped more repair would help the foliage to thrive. Her major concern was the garbage along both sides of Federal Highway and in the medians. She urged the City Manager and City Attorney to review the contract with the landscaping company and the stipulation to pick up trash. If it is not included, she suggested the Commission add it to the next contract. There was also a significant amount of garbage along Martin Luther King Boulevard between the FEC tracks and Seacrest Boulevard. Several of the lots were owned by the CRA. It was explained that the CRA regulations do not allow maintenance expenses to be budgeted. Ms. DeCamara felt there was a connection between garbage and crime and it was health hazard. She questioned if the City could initiate an advertising campaign to get the issue under control. Jeff King from Mariner Village, 743 -8 NE 12 Terrace, was happy to see the attention given to US 1. The medians have been redone on the northern side. The old poles have been removed and the sidewalks improved on the southern side. The area in front of U -Haul remained an issue and he felt were a big safety concern. The line of sight over the canal bridge was being compromised. The police had gone to the scene on several occasions, but advised there were no parking violations. Mayor Taylor responded the President of INCA had commented there was significant improvement in the area. In Mayor Taylor's travels along Federal Highway he had not seen any trucks parked on Federal Highway. Mr. King recommended no U -turns be allowed and no parking on the bridge. Commissioner McCray advised he and City staff were aware of the concerns about parking along Federal Highway and trash along MLK Boulevard. He appreciated the input and assured Mr. King things were moving along to alleviate some of the problems. The trucks should be parked on the lot. 4 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL Dr. Piotr Blass, 113 West Tara Lakes Drive, had returned from Europe and hoped a small area outside of Warsaw, Poland could become a Sister City to Boynton Beach. He remained convinced that Boynton Beach should become a university town. John Lawrence Kanazawa Jolley, 515 Sunset Road, delivered a report to the City Commission that is on file in the City Clerk's office, relating to environmental and agricultural issues. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE Motion Building Board of Adjustments and Appeals: 1 Alt Cemetery Board: 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 5 JUNE 2, 2015 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: Vice Mayor Casello moved to appoint Linda Cross to the Employees' Pension Fund Board of Trustees. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner McCray moved to appoint Lesha Roundtree as an alternate on the Library Board. Commissioner Merker seconded the motion. Vote The motion passed unanimously. MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL 6. CONSENT AGENDA JUNE 2, 2015 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 -057 - Approve changes to the City's Special Event Fee Schedule. B. PROPOSED RESOLUTION NO. R15 -058 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Francis and Pamela Alexander for the property at 10329 Prestwick Road, Boynton Beach, FL. C. PROPOSED RESOLUTION NO. R15 -059 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Charles and Angelica Bradford for the property at 8358 Sunup Trail, Boynton Beach, FL 33436. D. PROPOSED RESOLUTION NO. R15 -060 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Carmen and Samuel Mercado for the property at 7560 High Ridge Road, Lantana, FL 33462 E. PROPOSED RESOLUTION NO. R15 -061 - Approve and authorize the City Manager to execute Task Order U -2B -01 with AECOM for a not to exceed fee of $84,969 for the design of necessary improvements to the stormwater collection systems in the area of NE 20th Avenue and NE 2nd Court and adjacent areas. This is in accordance with the approval of RFQ 017 - 2821- 14 /DJL, General Consulting Services, Scope Category B as approved by the City Commission on July 1, 2014. F. Approve the recommendations of the Community Development Block Grant (CDBG) review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2015/2016. The anticipated Community Development Block Grant allocation is $472,711. Vice Mayor Casello inquired if any monies were given to assist the homeless. Nancy Byrne, Director of Development, agreed the funds could be used for homeless aid, outsourcing services or transitional housing. The City could partner with the County in their greater homeless effort. There were no applicants who provide homeless services. 6 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL JUNE 2, 2015 Octavia Sherrod, Community Improvement Manager, explained there were requirements each year and addressing homelessness is an eligible activity for CDBG funding; however, the allocation would not be sufficient to address the issue. The City utilizes the Continuum of Care and participates with different private agencies County- wide. Larger portions of money are available to address the issues of the homeless. The program addresses alcoholism, mental illness and drug addiction which are inclusive of white people who are homeless. Her program focuses on preventing homelessness for families as well. Mayor Taylor understood a homeless person in Boynton Beach is directed to a County agency. Vice Mayor Casello understood the City did not have a shelter with beds to assist the homeless to get a hot shower and have a bed for sleeping. Ms. LaVerriere indicated there were County services available and the City will refer them to the County if they are willing to go. As adults they cannot be forced to go anywhere. Chief Katz clarified transportation services are not provided unless it is in an official capacity. If individuals are believed to have an issue with substance abuse they can be legally taken to jail for assistance. Those with mental illness who are a danger to themselves or others can be committed for a psychological evaluation. Homelessness is not a crime. They can be referred to resources and there is a homeless coordinator identified in the Department to establish a resource list and information to provide to those who are homeless. There is a homeless population in Boynton Beach. They frequent the parks and create problems for the nearby residents. Vice Mayor Casello had heard about some cities using vacant houses for the homeless. He questioned if such an agency could come into Boynton Beach and apply for the funding. Chief Katz cautioned the more hospitable the City becomes, the more homeless people will be drawn to the community. The Police Department's policy is to identify resources to help the individuals and move them on to that assistance. Developing a homeless camp was not being considered. Vice Mayor Casello felt it should be discussed during strategic planning. There are faith -based programs that support the homeless. Vice Mayor Casello also noted $94,000 was used for administration. Ms. Byrne advised the funds pay a portion of the salaries for staff. The program requires a significant amount of work, including monitoring on a regular basis. Several departments are involved in the program. Ms. LaVerriere clarified the $94,000 does not begin to cover the administrative staff that goes into administering the programs. The existing program requires agencies to come to the City for funding to provide the services. Commissioner Merker projected it was a complex issue that includes state, county and city intervention. There has to be in depth investigation into the needs of the homeless and the interest of the residents to assist. MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL Commissioner McCray pointed out Broward County has a facility as does the Salvation Army. If facilities are provided, the homeless from other cities will come to the City of Boynton Beach for shelter. The County program would be the best resource. Ms. LaVerriere added there are several programs in Palm Beach County. Motion Commissioner McCray moved to approve Item 6.F. Commissioner Merker seconded the motion. Vote The motion passed unanimously. G. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 14/15. Motion 8 JUNE 2, 2015 Vice Mayor Casello commended the Museum for their successful programs and efforts. He did note the expenses and revenues were very close. Craig Clark, Library Director and Museum Board Member, remarked the additional funding from the City was very helpful. Ms. Ross was doing a great job raising revenues, but there had been more expenses due to the type of events. Mr. Clark anticipated the budget would be more accurate than last year. A Tong -range plan and business plan were being developed. Ms. LaVerriere interjected a one -year plan and three -year plan had been presented and approved by the Commission. Vice Mayor Casello moved to approve Item 6.G. Commissioner Merker seconded the motion. Vote The motion passed unanimously. H. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ending April 30, 2015. I. Approve the minutes from the Regular City Commission meeting held on May 19, 2015 and the Strategic Planning Workshop held on August 29, 2014. J. Authorize City Staff to conduct negotiations for a three year lease with Subway Restaurant Franchise as the only qualified response to the RFQ MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL JUNE 2, 2015 7. BIDS AND PURCHASES OVER $100,000 Motion No. 034 - 2610- 15 /JMA, "Concessionaire Services to Operate a Cafe at the Boynton Beach Library". A. PROPOSED RESOLUTION NO. R15 -062 - Approve award of the bid for the "Boynton Beach City Hall Restroom Accessibility Modifications" to Hartzell Construction, Inc. of Pompano Beach, FL, and authorize the City Manager to sign a contract in the amount of $104,512 and authorize a 10% contingency for a total amount of $114,963.20. Commissioner McCray moved to approve Proposed Resolution No. R15 -062. Commissioner Merker seconded the motion. Vice Mayor Casello inquired what had been spent to accommodate the Americans with Disabilities Act (ADA). Jeff Livergood, Director of Public Works and Engineering, indicated $300,000 was estimated and it has been exceeded as a result of pricing increases. Most of the work is mandated through an agreement with Housing and Urban Development (HUD) to use federal dollars. Mayor Taylor interjected, in 2010 the City was given five years to make the building handicap accessible. Unfortunately, the City has to put money into a City Hall whose future is tentative. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. None 10. CITY MANAGER'S REPORT A. Provide policy input to staff regarding future after life municipal services to include cemetery burials, cremains and mausoleum interment. 9 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL JUNE 2, 2015 Mr. Livergood indicated as part of the strategic plan the cemetery services were to be evaluated. The cemetery has reached capacity for single burial plots. There are roughly 1,200 plots that have been sold in advance of use. There is an additional cemetery at Sara Sims Park. There are four recommendations for consideration. The available lands will no longer suffice to provide the type of services available in the past. It would be necessary to acquire land that is outside of the boundaries of the present two locations. The City has the responsibility to maintain the cemeteries. Mayor Taylor reviewed the four recommendations. The first was not to expand the existing platted boundaries and he agreed. The second recommendation was to replat the Memorial Park and Sara Sims to add more plots. Mayor Taylor was in favor of replatting. He recommended that an ordinance be prepared to dissolve the Cemetery Board and staff assume those responsibilities. The fourth recommendation was to restrict the sale of the newly platted plots to those who live in Boynton Beach or those who have other family members currently in the cemetery. Lastly, new rules and regulations should be prepared. Commissioner McCray agreed with Mayor Taylor's recommendations. Commissioner Merker asked if the replatting would be enough for future needs. He assumed it would not be adequate. Mayor Taylor contended the new rules and regulations would make those projections more accurate. Commissioner Fitzpatrick did not feel the replatting would provide that many more Tots. He suggested mini mausoleums could be erected and create more spaces. Mr. Livergood advised there were alternatives for the southwest quadrant where materials are currently stored. It would involve a future decision by the Commission to expand mausoleum services or use the space for more ground burials. It was estimated 300 plots could be added at this time. Vice Mayor Casello inquired if the City should be in the cemetery business. Mr. Livergood asserted it is a public service that is very costly. The private sector offers after -life services and there are other alternatives. The cemetery is an expense to the City. The primary concern is to make sure there is a decent trust fund for the perpetual care of the existing graves. Vice Mayor Casello supported the Mayor's recommendations. Commissioner McCray stressed the City has a fiduciary responsibility to those individuals currently buried at the Park. It needs to be well planned and after the 300 spaces are sold the City should get out of the business. B. PROPOSED RESOLUTION NO. R15 -063 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers & Detectives and the City. 10 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL Motion Vote JUNE 2, 2015 Commissioner Merker moved to approve Resolution R15 -063. Vice Mayor Casello seconded the motion. Commissioner McCray commented it had been a long haul and not everyone was satisfied. He thanked the Police for agreeing on a settlement. Vote The motion passed unanimously. Motion PROPOSED RESOLUTION NO. R15 -064 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. Commissioner McCray moved to approve Resolution R15 -064. Commissioner Merker seconded the motion. The motion passed unanimously. PROPOSED RESOLUTION NO. R15 -065 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. Motion Commissioner Merker moved to approve Resolution No. R15 -065. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS - None Commissioner McCray thanked staff for the playground equipment at Sara Sims Park. There is one individual complaining before the work has been finished. He thanked staff for their due diligence and staying on target. Once completed, the residents would be satisfied. 11 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion Vote City Clerk Prainito called the roll. The vote was 5 -0. 12 JUNE 2, 2015 Mayor Taylor had heard the complaint and saw the improvements had just begun. 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -014 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending Article III of Chapter 18, Section 18 -169, Requirements for retirement benefit amounts to provide for clarification to apply for disability benefit. Attorney Cherof read Proposed Ordinance No. 15 -014 by title only, on second reading. Mayor Taylor opened the issue for public hearing and no one came forward. Motion Commissioner McCray moved to approve Ordinance 15 -014 on second reading. Commissioner Merker seconded the motion. B. PROPOSED ORDINANCE NO. 15 -015 - FIRST READING - Approve Ordinance amending Part 11, Chapter 13, Section 13 -4 Classification and Fee Schedule; Chapter 13, Section 13 -20 Special Events; Part 111 LDR Chapter 1 General Administration, Article 11 Definitions; Chapter 4 Site Development Standards Article IV Sign Standards; Part 11 Chapter 3 Alcoholic Beverages Attorney Cherof read Proposed Ordinance No. 15 -015 by title only, on first reading. Commissioner Merker moved to approve Ordinance No. 15 -015. Commissioner McCray seconded the motion. MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL C. PROPOSED RESOLUTION NO. R15 -056 - Authorizing the City Manager to sign the Memorandum of Understanding (MOU) between The Crossings Homeowners Association and the City of Boynton Beach to pay delinquent utility payments in the amount of $125,062.80 (Tabled on 05/19/15) (This item was previously removed from the agenda). 14. FUTURE AGENDA ITEMS A. Budget Workshops dates /times for FY 15/16 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 20, 2015 2:00 p.m. Tuesday July 21, 2015 10:00 a.m. Wednesday July 22, 2015 2:00 p.m. (if needed) 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:41 p.m. (Continued on next page.) 13 JUNE 2, 2015 MEETING MINUTES REGULAR CITY COMMISSIN MEETING BOYNTON BEACH, FL ATTEST: ity) Jarot M. Prainito, MMC ity Clerk dith A. Pyle, C eputy City Clerk 14 CITY OF BOYNTO ► ACH Michael M. Fitzpatrick, Com JUNE 2, 2015 ssioner