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Minutes 07-07-15MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 7, 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 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. CaII to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation The Invocation was given by Commissioner McCray. Pledge of Allegiance to the Flag led by Vice Mayor Casello Vice Mayor Casello led the Pledge of Allegiance to the Flag. A roll call revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Fitzpatrick pulled Items 6.D and 6.1. for discussion. Vice Mayor Casello pulled Item 6.H for discussion. Commissioner McCray advised there were delegates present from a church that would like to address the Commission and may consume more than the three - minute limitation. He requested six minutes be allowed as their issue is urgent. 2. Adoption 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion JULY 7, 2015 Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray thanked Mary DeGraffenreidt, Wally Majors, the Parks and Recreation Department and the staff of the entire City for a spectacular 4 of July event held at Intracoastal Park. It was a job of excellence. Commissioner Merker remarked the 4 of July was the beginning of a new year and a time to reflect on the coming year. Vice Mayor Casello agreed the Parks and Recreation staff and other City staff accomplished one of the biggest events of the year. It was a great time for all and a safe event. It was noted that Brian Edwards, a long -time resident of Boynton Beach and a Marine was honored during the 4 on Flagler event in West Palm Beach for his work with many organizations including Goodwill Industries. Commissioner Fitzpatrick had attended the strategic planning sessions and attended the MPO (Metropolitan Planning Organization) meeting. He had gone to the meeting of the Boynton Beach Democratic Club and the opening of the waste treatment plant, trash burning turbines at the Solid Waste Authority. It is the most advanced plant in the world and is phenomenal engineering. All water is recycled with state of the art technology. Commissioner Fitzpatrick did attend the 4 of July fireworks with his family. He understood that some were objecting to his board appointment at the last meeting. It was previously agreed and a policy that everyone's choices are respected. Commissioner Merker explained Commissioner Fitzpatrick had listed three individuals rather than mentioning only one person who is nominated. Commissioner Fitzpatrick noted the three mentioned were all good candidates. Mayor Taylor commended the entire City on a tremendous 4 of July celebration with great fireworks display. He did go to the League of Cities meeting and pointed out the County Commission passed laws forbidding panhandling in the traffic lanes and the medians. Participants can only be on the shoulders or sidewalks. The City will need to 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor advised Senator Clemens would not be able to attend. JULY 7, 2015 decide their position on the matter. It includes charities that would not be able to collect funds. Commissioner McCray gave credit to the Boynton Beach Police Department for finding a 5 -year old that was lost at the 4 of July celebration. He thanked the Officers for a good job in reuniting the family. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Post- Legislative Session update from Florida Senator Jeff Clemens, District 27. B. Presentation by Mat Forrest of Ballard Partners, Inc on the 2015 Legislative Session for the State of Florida. Mr. Forrest is part of the City's governmental affairs and State lobbying team. The entire firm around the State works for the City of Boynton Beach to make sure it is well represented at the State level. The legislative special session was held from June 1 to June 19 The budget is done and $300,000 was allocated for the park, sewer and treatment plant replacement, a water project. Another $140,000 was allocated to the Boynton Beach Woman's Club, but the Governor vetoed the funding because it did not go through the established competitive review process where projects are ranked and recommended based on measureable outcomes or will receive State funds during other competitive grant programs. The City had applied through a different section of the legislature, the Division of Historical Resources, if funding is received. There are two separate allocations and it appeared the funding would be available through the Secretary of State's office. He continues to work through the State agencies to make sure the funding is received. The competitive project for the budget was even more stringent than normal. Very few projects received the entire amount requested. Mr. Forrest expressed appreciation to the entire staff for assisting in the team effort to keep the forms and details as accurate as possible and really advocate for the projects needed. There were 12 bills that passed during the special session. All were appropriation related. There would be no huge local impact from the implementation of the bills. HB 33, the tax credit bill, does address a significant number of tax reductions and cuts across the board. None affect any local government taxing authority. There was a 1.73% reduction in the communication services taxes, an expanded sales tax exemption for K -12 school food and beverage concessions, certain levels of boat 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 repairs, gun club memberships and admissions exemption. There will be another temporary back to school holiday sales tax exemption for clothing, footwear, school supplies and such. There was change to the corporate income tax and an increase to the total tax credits available for voluntary brownfield cleanup and a revised distribution of the current research and development tax credits involved with all the programs. Mr. Forrest stressed next year's session is earlier and will be in January. The pre - session committee weeks begin in September. He felt there was money available for water projects and continue the phases. There are more programs in recreation through FRDAP and many other areas. Mayor Taylor commented it was important for a City to have an effective lobbyist in Tallahassee to pursue the goals of the City. The lobbyists are there every day meeting with the legislators to support the requests of the City. It was Mr. Forrest's efforts that secured the funding for the Woman's Club after the Governor had vetoed the line item. Mr. Forrest explained he was merely the messenger. He takes the requests of the City to Tallahassee and gets the information to the legislators who work as advocates for the requests. It is a team effort that includes Representatives Lori Berman, Bill Hagar and Senator Jeff Clemons. Commissioner Merker brought up the issue of Medicaid funding. He felt it was important for the State and all the senior citizens. Commissioner McCray included Representative Bobby Powell who also represents part of the City of Boynton Beach. Vice Mayor Casello admitted he was initially skeptical of lobbyists, but it is the best money spent and he thanked Mr. Forrest for his hard work on behalf of the City of Boynton Beach. Commissioner Fitzpatrick calculated the lobbyist receives about $40,000 a year and brought over $400,000 to the City of Boynton Beach for a 10 to 1 rate of return. Commissioner Fitzpatrick called attention to the new Police and Firefighter Pension Law relating to the premium tax. Mr. Forrest advised it has been an ongoing issue and finally passed. Commissioner Fitzpatrick contended it would adversely impact some municipalities that the defined benefit was increased from a minimum multiplier of 2 to 2.75. It cuts the ability of the City to negotiate. Mr. Forrest agreed he would work with staff if it was one of the Commission's legislative priorities. It has been debated for at least five sessions. It may be the final agreement that was not satisfactory to either side. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor thanked Mr. Forrest for the report. C. Proclaim the month of July 2015 as Park & Recreation Month. JULY 7, 2015 Ms. LaVerriere advised staff would be coming to the Commission in late August with the new legislative priority list for the Commission to adopt and discuss. The topic would be on the list as it was the past year. Mayor Taylor read the Proclamation for Park and Recreation Month, July, 2015 and presented it to Wally Majors, Director of Recreation and Parks. Mr. Majors thanked the Commission for their support and the Department takes pride in the fact the parks and recreation programs do have a positive impact on the community. D. Presentation of the Recreation & Parks Department summary report update, and allow the presentation of Certificates of Appreciation to advisory board members. Mr. Majors displayed a slide presentation. The Department includes the Art Center, Carolyn Sim Center, Civic Center, Ezell Hester Center, Senior Center, Intracoastal Park Clubhouse and the Oyer Park Clubhouse. There is also the Denson Pool, Oceanfront Park and the Tennis Center. The pool program provided over 5,000 swimming lessons and safety classes at the pool. There have been over 190,000 visitors to Oceanfront Park this year. There are many youth programs from after school classes to summer camp, team activities, music, dance and activities that involve children between the ages of 18 months through 12 years old. Adult programs are also offered, such as art, dance, fitness, and music and tennis lessons. The Senior Center is one of the most vibrant facilities. A new title for the facilities is being considered because "senior" is inappropriate for their energy levels. The pool tournaments get very spirited. The emphasis is reflective of the needs assessment that is conducted every five years and the City's strategic plan that revealed a family- oriented community is preferred. The Department continues to stress organized programs and those that are walk -in type of entertainment and activity without any fees. The "play outdoors unplugged" series are programs for all family members to participate. The master plan is being updated that includes the future ideas for all the parks and all facilities. The greenway /bikeway plan is being updated. Improving the parks is a priority and shading some of the more active areas is being considered. Hopefully a vessel launching area can be built at Intracoastal Park for non - motorized vessels. There is now a trial period allowing dogs at some parks. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 The Recreation and Parks Board plays a vital role in the park planning efforts. The existing system involves 28 developed sites, eight undeveloped sites with 75 acres of conservation land, seven community centers, a tennis facility and 3 cemeteries. There is a successful kayak and rental partnership at Intracoastal Clubhouse. There is a surf camp offered and a Fitness Zone at Barrier Free Park. The challenges will be to complete re- accreditation as done in 2004. It is an exhaustive and daunting task to be accomplished in March of next year. The updated ADA (American with Disabilities Act) standards are being implemented to ensure accessibility is available. There is a staff re- organization that is being developed due to involvement with special events. The master plan is being updated as well as the department strategic plan. Mr. Majors bragged the Fit Zone at Barrier Free Park has been very successful. The cigarette litter prevention grant is still in progress and the impact of the cigarette litter dispensers has been astounding. The Department has an outstanding all -star cheerleading program coming in first in the State and there are many other outstanding athletes in Boynton Beach. Another accomplishment was the training of over 300 seniors on how to use tablets, iPhones and other electronic gadgets. Mr. Majors expressed his gratitude for an advisory board that takes a passionate and tangible involvement with the department by offering feedback and recommendations that are valued to keep the department functioning in conjunction with the community's interests. The following board members were recognized: Michael Byrd, Catherine Scantlan, Robert Lapin, Charles Kantor, Renee Stern and Betty Pierce -Roe, Chair, who has been with the board for many years. Commissioner McCray attends the Senior Center and agreed the facility should be more appropriately named. The designation as "senior" is not appealing to everyone. E. Budget Workshops for the FY 15/16 Operating and Capital Budget will be held at the 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) Mayor Taylor announced the City budget meetings to be held July 20, 21 and 22 at the Library Program Room. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 4. PUBLIC AUDIENCE JULY 7, 2015 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) Jeannie Taylor, 2121 Woolbright Road, spoke as Chair of the Library Board. She thanked the Commission for their continued support of the City Library. The dollar values of a Library have been studied and a return on investment computed. For every tax dollar, Florida Public Libraries returned $10.18 in value. The current proposed budget would provide over $23 million in value to the residents. Income and wages increase by $28.42 for every dollar of public support to a library. This would increase the City's income level by over $64 million. A job is created for every $2,574 of public support for libraries or creates 882 jobs in the City of Boynton Beach. A Library is crucial to the economy and essential to the people of Boynton Beach. It is an anchor in the heart of the City. It meets the need of the community through continuing education with job search tools, business support, health information, personal growth and development, children and youth activities and electronic government services. The Library book budget has not increased in over 5 years. It constrains what is offered to the patrons in books, databases and periodicals. A crucial need is the addition of a digital services librarian. At the State level, Library aid was cut by $5 million. Ms. Taylor asked the Commission to consider the value of the Library during budget discussions and continue to provide Library services for the City. Dan Spotts, 805 N. Federal Highway, owned business property next to the FEC Railroad and has been asking for help, advice, and support in fighting the All Aboard project with little or no response. Over 30 business owners have fled the downtown area due to the lack of assistance and help. He heard the lobbyist and wondered why All Aboard was not mentioned. Many communities are voicing their deep concerns. Mr. Spotts asked who in the City was aware of the All Aboard project and acting as a liaison for the residents. He wanted an explanation of the markers that have appeared in his back yard and run parallel to the rails going both north and south. Mayor Taylor replied Jeff Livergood, the Director of Public Works and Engineering, was involved and in communication with the progress of All Aboard. Mr. Spotts added no one had asked permission to place the markers on his property or given the residents the courtesy of an update on the project. Ms. LaVerriere interjected Mr. Livergood could at least give him contact information of who to contact for the answers. Mr. Spotts understood the City continued to have no position on the project and Mayor Taylor agreed. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 8 JULY 7, 2015 Kim Kelly, 529 East Ocean Avenue, is the owner of Hurricane Alley Raw Bar and Restaurant and Hurricane Alley's Chowder Truck and Snack Shack. She referred to comments made by Commissioner Merker that were published in the paper. He had described food trucks as an eyesore and they might as well be garbage trucks. She felt those in a position of authority should be respectful; however, the statements made degrade the City. She informed Commissioner Merker that food trucks were not garbage and they bring jobs and revenue to many cities in Palm Beach County and across the country. The food truck revolution is coming with or without his support. Ms. Kelly had received over 100 responses to the remarks supporting the food trucks and wanting them in downtown Boynton Beach. She read many of the comments from Facebook. Commissioner Merker commented a business should pay taxes and rent to the City. He was against giving something away for nothing. The food trucks pay nothing. The offer to pay $600 for charity was insufficient in comparison to other restaurant donations. The issue is not being against food trucks, rather a person receiving a gift for nothing. Other businesses have to pay rent, sewer and other costs. New businesses will be requesting a location without paying any taxes. Mary Lou Guzman, 19 Miller Drive, thanked the Commission for listening to her at the previous meeting regarding the handicap issue in the new Plaza. She had discussions with staff and understood changes would be made to address the issue. Reverend Bernard Wright of Bernard Wright Ministries, 713 NW 2 Street, a community activist, spoke about two items; Sara Sims Park renovations and the Martin Luther King corridor. He pointed out there was a lack of bleachers for the parents and no water fountains. There is no water activity available or a pavilion and no swings. A resident was using her personal funds to clean up the corridor and those expenses should be paid by the City. Senior Pastor Cineus Estagne of the Church of Hosanna at 515 NE 3rd Street, spoke through his translator, Guerline Anno, a member of the Church. On Sundays there is a problem for parking space. An officer came and started giving everybody parking tickets. It is his property and there is parking 15 feet from the building. The person that owns the other side called the police and had the members of the church remove the cars. There is a sign on his property that should not be there. The Pastor wanted help to get the no parking sign removed. Charles Cook, owner of City Towing at 510 NE 3rd Street, explained there was a property at the end of the alley bought by Guttersmith. They have now taken over the alley. The City allowed Guttersmith to build a six and a half foot concrete wall across the alley which blocks other residents to get into their back yard. There are no parking signs on both sides of the street. One resident has parked there for over 50 years. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 Mr. Cook had investigated and discovered one person is giving permission to the new owner with no notification to any of the residents or Church goers. The Church is not blocking anyone. He suggested the changes were not being approved through the normal channels of City government. Mayor Taylor directed the matter be investigated. Susan Frolich, a new resident, addressed the issue of the food trucks. She stressed there are no businesses in the downtown area and food trucks might bring more people to the downtown. There are no young people and nothing for them to do downtown. It is all old people and piano bars. She felt it would be a good revenue option before building starts that will take three years. The trucks could bring some excitement. There is no revenue from the food trucks, but there is no revenue anyway. Empty spaces make zero sense and the argument made zero sense. Mayor Taylor asked Ms. Cook for her suggestions what could be brought to the downtown to attract the younger people besides the food trucks. She replied the food trucks would be a nice start. Business may follow. The trucks are an easy source to start excitement. The concert series is great, but it is geared to small people, parents or older people. The mid -range generation has not been addressed. Herb Suss, 1711 Woodfern, reported NASA had photographed the Earth and the world's aquifers are going dry. Oceans are becoming more acidic and the eco systems underwater are changing. He wanted the Commission to implement a water savings plan for the City of Boynton Beach. There have been unprecedented heat waves all over the world. He suggested water restrictions should be established. Methane gas is another threat. Mayor Taylor reported the County has discussed building two huge water retention areas out west to hold millions of gallons of water in storage for the future. The cities can participate. Rae Whitely discussed the violence in Charleston, South Carolina. The Coalition of Clergy is taking proactive measures by inviting leaders in their churches to join in the first annual Minister Security Awareness Symposium to be held on July 13 from 5 pm to 8 p.m. at New Disciple Worship Center. It is being taught by the training officers of the Boynton Beach Police Department. The objectives are to educate on safety in houses of worship, build awareness on safety protocols and policies, and usher in an era of combining the use of professionals in ministry as a culture. The ministries should progress into community awareness and civic responsibilities. Commissioner McCray wanted to be assured flyers were being circulated to all the churches. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE Motion Vote The motions passed unanimously. Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 NN Stu Golf Course Advisory Committee: 1 Reg and1 Alt Historic Resource Preservation Board: 1 Alt Library Board: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts 1 0 JULY 7, 2015 A. Appoint Voting Delegate for Florida League of Cities Annual Conference, August 13 -15, 2015. Mayor Taylor advised monies had been budgeted for two individuals to attend the Conference. He wanted to attend because he serves on the Board of the League and would be a voting member. Commissioner Merker moved to approve Mayor Taylor acting as the voting delegate for the Florida League of Cities Annual Conference. Commissioner McCray seconded the motion. Commissioner McCray moved to approve Vice Mayor Casello to also attend the Conference. Commissioner Fitzpatrick seconded the motion. B. Authorize City Commissioners to travel to the Florida League of Cities Annual Conference in Orlando, FL, August 13 -15, 2015 Ms. LaVerriere conveyed the first request was for a voting delegate and this request was to approve the travel for two Commissioners. Both were taken care of in the previous motions. C. 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: MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion JULY 7, 2015 Commissioner McCray nominated Tracy Tebo to serve as an alternate on the Library Board. Commissioner Merker 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. R15 -074 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R15 -075 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Shuping Ge for the property at 1177 Highview Road, Lantana, FL 33462 C. PROPOSED RESOLUTION NO. R15 -076 - Approve and authorize the City Manager to execute Task Order U -3B -01 with Erdman Anthony for a not to exceed fee of $64,748 for the design of necessary improvements to the stormwater collection systems in the area of Venetian and Treasure Isles. 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. D. PROPOSED RESOLUTION NO. R15 -077 - Authorizing the execution of the interlocal Agreement for the Palm Beach Metropolitan Planning Organization (MPO) Commissioner Fitzpatrick was the City representative for the Organization. They are increasing the size from 19 members to 21 members and the State Statute allows 25 members. Both Boca Raton and the City of West Palm Beach have two voting members. The two towns designated to fill the two seats are Greenacres and the Village of Royal Palm. Boynton Beach is under - represented on the MPO based on population. A no vote may send a message for the next time there are additional members added, that Boynton Beach should get a second member. Vice Mayor Casello inquired if there was a criteria based on population and the number of members and Commissioner Fitzpatrick was not aware of any criteria. The MPO 1 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 allocates a significant amount of money for various projects. It could provide assistance for the major renovations of the 1 -95 exchanges on Gateway, Boynton Beach Boulevard and Woo!bright and another vote could be critical. A great share of the money has been going to Boca Raton and the citizens of Boynton Beach should have more representation. Commissioner Fitzpatrick reiterated a no vote may send the message that Boynton Beach should have more representation. Mayor Taylor speculated a yes vote with an additional comment requesting more representation in the future may be a better approach. Commissioner Merker agreed with Commissioner Fitzpatrick's suggestion to make an emphatic and declarative statement about fair representation. Vice Mayor Casello agreed with Mayor Taylor. The two cities mentioned do not have any representation. Commissioner Fitzpatrick clarified the cities do have representation that rotates yearly between the two municipalities. Commissioner Fitzpatrick stressed he was for emphatic. Commissioner McCray agreed a statement that the City is being neglected would be more appropriate. Vice Mayor Casello would support Commissioner Fitzpatrick's recommendation. Motion Commissioner Fitzpatrick moved to not authorize the agreement. Commissioner Merker seconded the motion. Vote The motion passed 3 -2 (Mayor Taylor and Commissioner McCray dissenting). E. PROPOSED RESOLUTION NO. R15 -078 - Approve award of the bid for the "Boynton Beach Tennis Center Restroom Accessibility Modifications ", Bid No. 045- 4104- 15 /JMA, to Decon Environmental & Engineering, Inc. of Fort Lauderdale, FL and authorize the City Manager to sign a contract in the amount of $59,850 with a 10% contingency for a total amount of $65,835. F. PROPOSED RESOLUTION NO. R15 -079 - Authorize the City Manager to sign a Master Services and License Agreement with SafetyPad to provide Electronic Patient Care Reporting Software and Training piggy- backing the Palm Beach County Contract 15- 006R /LC with the same terms, conditions, specifications and pricing. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 13 JULY 7, 2015 G. Approve the purchase of 26 Dell OptiPlex Desktop Computers, 20 Dell Monitors, and 7 Dell Lattitude Laptops from the Dell Corporation for the City Library utilizing State of Florida Contract #250 - WSCA -10ACS in the amount of $31,837.77 as stated in the attached price quotes. H. Approve additions of the following job classifications into the City's Pay Plan: Assistant Police Chief, Police Captain, Accreditation Manager, Police Administrative Specialist I, and Police Administrative Specialist II. Vice Mayor Casello wanted clarification on the statement that the changes would be "budget neutral ". Using the high end of the pay grades the total was almost $438,000. He questioned how that much could be "budget neutral" within the organization. Ms. LaVerriere suggested Julie Oldbury, Director of Human Resources and Risk, explain the pay plan, ranges and how the individuals are positioned within those ranges. Ms. Oldbury outlined the plan was comprised of different pay grades with a range of salaries. Vice Mayor Casello asked if everyone in the new positions reached the high range could it remain "budget neutral ". Ms. Oldbury assumed when all the individuals met the top of the pay range, it would be "budget neutral" at that time. Not everybody would start at the high range. Vice Mayor Casello surmised the changes would be "budget neutral" by varying the different ranges. Ms. Oldbury reiterated the positions would not be filled at the maximum of the range. Vice Mayor Casello noted all the Majors would be raised to the position of Assistant Chief. Chief Katz indicated the job descriptions had been modified to represent the responsibilities of the Division Commanders who are currently Majors. They have assumed their own budgets and have their own financial responsibilities and maintain their divisions in a way that is more consistent with an Assistant Chief than with a Major. There would also be a first level management rank of Captain. Ms. LaVerriere stressed the agenda request is to modify the pay and classification program. It is appropriate to have Captain as the title to be incorporated along with other ranks in the Department. Vice Mayor Casello was confused because there is going to be more than one Captain and how could it stay "budget neutral ". Chief Katz reiterated not every employee would go into the position at the high end of the pay range. The reorganization is complex and there is a budget associated with it that reflects the methodology to achieve the "budget neutral" outcome. Vice Mayor Casello had no complaint with the Chief reorganizing the Department. He did note there were no Lieutenants mentioned in the reorganization. He specifically asked if the Lieutenants would be eliminated altogether or would they be included in the reorganization plan. Chief Katz advised he was considering reducing the Lieutenants that has to be discussed with the Palm Beach County Police Benevolent Association (PBA). Vice Mayor Casello confirmed the intent was to reduce, but not eliminate and Chief Katz agreed. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 Commissioner Merker understood there were three Lieutenants and Chief Katz clarified there were four budgeted positions, with only three filled. Commissioner Merker concluded the intent was to reorganize and strengthen the Department, define the Department more emphatically and move the Police Department in a more positive direction. It is important for the people of the City to know the elected officials are behind the Chief and his decisions to be more successful. Commissioner McCray asked for the number of sworn officers and Chief Katz replied there are 155. Commissioner McCray wanted the statistics on the number of minorities in the positions of supervisor and management. Chief Katz indicated he would provide that data. Commissioner McCray wanted to be sure the community of Boynton is represented fairly. Chief Katz received a recruiting report on conditional offers of employment since July of 2013. There have been 1,400 people apply for positions as officers and 14 have been hired or 1%. Out of the 14 hired, 52% have been ethnic or racial minorities. Hiring has been stringent with screening standards and in terms of willingness to embrace diversity and reflect the community being served. Commissioner McCray commented there are many small children in his District and there are problems when the children do not see minorities in the ranks to be role models. If the reorganization is not done fairly and easily visible to the residents of District II, he could not support the plan. Chief Katz responded the key points related to the reorganization include increased opportunities for the youth outreach program, crime prevention programs, restore the youth empowerment program and a new mentoring program between the officers and youth of the community. All the outreach programs give the Police Department an opportunity to forge good relationships with members of the community and the youth. The majority of the programs are being housed in District II. The reorganization increases the personnel on the road by 25% and allows for succession planning. There is a firm commitment to have a representative diversity in the command staff and within the entire Department. Commissioner McCray asked about the diversity of the officers presenting the programs in District II. Chief Katz replied the positions have not been staffed, but everyone would be given a fair opportunity. Commissioner McCray wanted to make sure all ethnic groups are fairly represented. Commissioner Fitzpatrick thought the Assistant Chiefs were a good idea. The Chief has been proactive and making intelligent decisions so far and it his responsibility to manage the Department during his tenure as Chief. Vice Mayor Casello questioned if the reorganization should be discussed at budget hearings. The Commission sets budget and policy while the City Manager oversees the operations. Ms. LaVerriere interjected there would be no change in headcount. It is 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 modifying titles and positions all within the same number of people as it exists. It is reclassification of some positions. In some instances there are pay increases. Chief Katz indicated a panel would interview applicants for the Captain positions and make the appropriate appointments. Vice Mayor Casello wanted an assurance that Lieutenants would not be eliminated during the reorganization. Chief Katz responded reducing the number of Lieutenants would be considered. He did not have the intention of eliminating the rank of Lieutenant. Chief Katz had made the calculations that he could do it in a "budget neutral" way and maintain the rank. Mayor Taylor pointed out the request was to assign new titles and existing personnel would move into the positions if they want to. In some cases moving to a Captain may be a slight reduction in salary. The Chief agreed it could be possible in some cases. Money is not a factor because total budget remains the same. The newly created titles will give personnel the opportunity to get promoted and continue their careers. Mayor Taylor felt it was an excellent idea. It is a managerial action that he totally supported. It will result in a better educated and trained police force. He understood Commissioner McCray's concerns. He wanted the most qualified person regardless of color. He would not promote anyone due to their race or ethnic background. There is an extensive mixed population in the community and they all need to be involved and have the same opportunities for promotion. Vice Mayor Casello questioned why anyone would want a higher title for less money and Mayor Taylor explained it would be for career advancement. Commissioner Merker was disappointed the outline was not defined emphatically. He thought there was an elimination of a title. The outline should be more defined for budget presentation. The ethnicity has to be well balanced and he agreed with Commissioner McCray that the community should be represented by all groups of people. Commissioner McCray stressed the Commission does control the budget. Mayor Taylor reiterated there was no increase to the budget. Ms. LaVerriere interjected there would be an increase in salaries due to the negotiated 3% increase per the bargaining agreements. Motion Commissioner Merker moved to approve the new job classifications. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner McCray dissenting). 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL I. Approve Change Order No. 6 in the amount of $51,207.00 to B &B Underground Contractors, Inc. for the addition of a masonry wall and decorative gates for the Regional Lift Station located in Pence Park. This will increase the total cost, including contingency, from $1,185,882.09 to $1,237,089.09. Commissioner Fitzpatrick had pulled the item for discussion. He was concerned with the lift station and the land taken from the park. The parks were being degraded with no compensation. If park land is taken, it should be replaced. He understood the lift station was a necessity, especially in light of the new development in the area and quality of life concerns. Parks are not a land bank to be used for whatever. Motion Commissioner Fitzpatrick moved to approve Item 6.1. Commissioner McCray seconded the motion. Vote The motion passed unanimously. JULY 7, 2015 J. Approve the minutes from the Regular City Commission meeting held on June 16, 2015 and the Special City Commission and Community Redevelopment Agency Board joint meeting held on August 5, 2014. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Commission discussion on modifying zoning regulations to allow the storage of vegetative plant material in the M1 zoning district. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 Mayor Taylor recalled a local business was storing landscape vegetation on a vacant lot. The daughter of an elderly woman who lived across the street, complained about the vegetation and Code Compliance investigated. The area is zoned industrial. Any change in the zoning would involve a study of all industrial areas City -wide and would take significant work and staff hours. The landscaper hires 70 residents. The lot has been cleaned up. Mayor Taylor did not want workers to lose their jobs. He suggested the City Manager be directed to have staff, when time allows, review the issues. In the meantime, the Code violations could be held in abeyance and the status quo maintained. Commissioner Merker had visited the site. It was organized and fenced in, a perfect location for the type of endeavor. He agreed the business should be allowed to move forward with periodic checks by Code Compliance to ensure the lot is being maintained. Attorney Cherof interjected the suggestions are not permissible. The City Commission cannot direct certain properties be temporarily or permanently exempt from Code provisions. There is a role for the City Commission in the Code Enforcement process near the end of the proceedings. Any motion to direct the administration not to enforce a provision of the Code would be outside the scope of the authority of the Commission. Vice Mayor Casello asked if a moratorium could be put in place. Attorney Cherof advised it would have to be for all uses equally within a specific zoning district. There is a process in the Code for a moratorium. It is complicated with notice requirements. Attorney Cherof proposed there were always solutions that could be handled administratively. Staff is very creative in terms of working with property owners to try to find alternatives while the process proceeds. The appropriate motion would be to direct staff to study and meet with interested parties to arrive at a solution. There is no way the Commission can change the requirements of the Code for a specific property. Commissioner Fitzpatrick asked if one of the Commissioners wrote a paragraph could it be voted, on at the next meeting. Attorney Cherof indicated it could be written in the form of an ordinance. There is a specific procedure to rezone property. Use changes may be another avenue, but any change requires notice to the public and give an opportunity to be heard. There is a notice requirement, publication in the newspaper, two public hearings and the Planning and Zoning Board also hears the change. It would take two to three months at the earliest. Mayor Taylor emphasized about 20 people would be without work. Mayor Taylor understood Code Compliance works for the Commission and Attorney Cherof corrected Code Compliance works for the City Manager. Policy is set through the adoption of ordinances relating to property use and other penal revisions of the Code as well. Eventually the Commission would constantly be granting exceptions to the provisions of the Code on a case -by -case basis. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 18 JULY 7, 2015 Ms. LaVerriere offered it would be a 120 -day study period to look at the impact of the uses in all M -1 zoning districts in the entire City. Commissioner Merker thought there was the opportunity to postpone any decision. Attorney Cherof asserted there was nothing pending before the Commission to postpone. There is a Code Enforcement process with an opportunity for the Commission to be involved. It was premature to discuss the issue at this time. There is a violation of the Code occurring on the property. The Special Magistrate heard evidence and agreed with the presentation by the Code Enforcement staff. The property had to be brought into compliance by a date certain. If the property owner does not comply, a fine will continue to accrue on the property. In the future, the Commission is given the opportunity to deal with the Code lien on the property. The City Manager has not asked for a Cease and Desist order on the property. It is a slow process of Code enforcement. The business owner has to make some determination on their own about the potential risk. Mayor Taylor understood the property had been brought into compliance. Ms. LaVerriere clarified the Mignano Landscaping business produces the vegetative matter and places it on another property owner's site. The property owner is in violation, not Mr. Mignano. An alternative site has been found to store the materials. Staff could assist with finding other sites. The current site cannot be utilized because it is not an allowed use. Nancy Byrne, Director of Development, added Mr. Richardson, the owner the property, has a Business Tax Receipt for the warehouse and the lot adjacent to the warehouse. The restrictions on the lot immediately adjacent to the warehouse are it is for vehicle storage of contractors renting bays in the warehouse. It is very specific in the language of the Business Tax Receipt. The lot that had the boats, vegetation, oil drums and concrete has no Business Tax Receipt. Mr. Richardson is not allowed to use the property in a commercial manner. It has to be in compliance with M -1 regulations as they exist. Horticultural waste is not allowed in M -1 zoning. Staff could work with Mr. Mignano to determine his requirements and find those sites that would accommodate the waste without becoming brownfields. There are a lot of poisons and chemicals used in landscaping vegetation. Any site would have to be screened, monitored and the soil tested regularly. Commissioner Fitzpatrick understood the property owner could let the fines accrue and the Commission could ultimately reduce or remove the fine entirely. Attorney Cherof advised the Commission could adjust the fine or remove the fine. Ms. LaVerriere added there is a process to get to that point. Vice Mayor Casello pointed out Renaissance stock piles their vegetation higher than this small business owner and nothing is done. After a single complaint, there is now an issue of rezoning, Business Tax Receipts and Code enforcement. Many small MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 businesses have a problem dealing with the City for similar situations. Attorney Cherof countered the same set of regulations protect most of the other businesses. Vice Mayor Casello returned to the possibility of a moratorium and asked for an explanation. Attorney Cherof indicated a decision would have to be made what specifically should be frozen in place. A notice of intent would have to be drafted to adopt a study period and a change in the Code. Ms. Byrne commented a notice of intent had been done on M -1 two years ago for the purpose of protecting industrial lands for industrial uses. It was in place for about 18 months. Those property owners would now be impacted again and not able to add any uses to their property during the study period. It would be City -wide. Ms. LaVerriere offered staff could work with Mr. Mignano to explore alternatives. The Code violations will have to be dealt with by Mr. Richardson. The City is interested in what is being done from the recycling standpoint and loss of jobs is not anyone's intentions. Attorney Cherof indicated the Commission could do more. If the Commission is serious about modifying the uses in M -1 zoning, then direct Legal to draft an ordinance that makes storage of vegetative waste on the property a permissible or conditional use. Commissioner Merker was in favor of supporting the company; however, the Commission was playing politics and using excuses to get the situation remedied. The correct legal channels should be followed. He wanted a definite answer if the status quo could continue until a new ordinance is created. Attorney Cherof replied the status quo is a Code violation exists and moving forward. The Commission cannot interfere with that process. Attorney Cherof remarked there are two options. The Commission can direct the administration to work with the interested parties to find a temporary solution. The second option is to direct legal to return an ordinance that modifies the use on this type of property whether it is done permanently or for a test period. Then, business owners could make their own decisions on what type of business risk they want to assume for violating the Code. The Commission would have to assess their risk. Mayor Taylor thought the Commission should follow the options outlined by the City Attorney to work with Mignano Landscaping and start the ordinance process to change the uses. Ms. LaVerriere noted it would take some time to review the impact on the entire City. Ms. Byrne advised it would slow the process on other strategic planning projects. Mayor Taylor did not want to give the ordinance priority. David Katz, 67 Midwood Lane, felt drafting the language to allow the use would be a speedier solution than waiting for staff. Attorney Cherof advised a change in use takes two readings of the ordinance, notice requirements, and review by the Planning and Development Board. Ms. LaVerriere cautioned it would be without review of the impact 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 on all M -1 districts throughout the entire City. She advised the Commission not to change the Code based on one property. She advised allowing staff to do an appropriate review of any change in a permitted use of a zoning district as it relates to the entire City. Attorney Cherof agreed. Mr. Katz argued in the interim, jobs would be lost and the business would suffer. Commissioner Merker asked Mr. Katz if he represented the business owner financially and Mr. Katz advised he did not and there was no financial gain for him. He has known the owner for many years. Commissioner Fitzpatrick did not feel reviewing the issue when time permits would be effective. The City does not have excess staff. Strategic planning is done to allocate staff time. If the change is needed, it would have to be given priority and another project would have to be set aside. Vice Mayor Casello suggested staff work closely with Mr. Mignano so he can continue his business at some alternate sites in the City and work on the ordinance in a timely fashion. Ms. Byrne noted the alternate sites may be outside the City. The City's vegetation is taken to the transfer station. Mr. Livergood advised daily vegetative waste is collected. If it cannot be delivered to the transfer station, it is sometimes stockpiled at the Public Works compound for a day or two or take it to the Rolling Green complex. Solid Waste should be compacting most of the vegetation for reuse. Commissioner McCray implied the City was violating the Code and Mr. Livergood agreed it was. The transfer station for the residential garbage reduces the hauling by stockpiling the waste and hauling it more efficiently. Ms. LaVerriere interjected it was usually done in an emergency situation. She indicated the Renaissance debris is from a private contractor that is illegally placing their vegetation onsite. A case has been opened and they will be cited. Vice Mayor Casello summarized the discussion that the staff would work with Mr. Mignano to find alternate sites and start an ordinance. Ms. Byrne advised Planning and Zoning would need to do GIS maps of the M -1 areas and do a full review. Attorney Cherof concluded, if directed by the Commission, he would draft an ordinance and send it to staff for their traditional review. The property owner in the interim should make some business decisions on his risk. CONSENSUS Mayor Taylor declared there was consensus to proceed as suggested by Attorney Cherof. B. Vice Mayor Casello requested the City Commission to discuss drones at City parks 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 Vice Mayor Casello had inquiries about drones in City parks. The Commission had agreed drones could be flown in the City of Boynton Beach and he assumed that meant in the parks. He wanted specific parks to be designated or areas of parks designated for the use of drones. A plan could be developed that would allow drones to be flown in the parks. Commissioner Merker recalled he and Mr. Majors did not support the flying of drones within the City. Vice Mayor Casello asserted it had already been passed that drones could be flown in the City of Boynton Beach except for the parks. His request was to allow the drones in the park system. Carol Fischetti, 3620 Newport Avenue, took exception to what had been passed last year. She lived in Nautica Sound and was a graduate of the Citizens Police Academy and Boynton Beach Leadership. Her home backs up to Springfield Boulevard. There is an undeveloped park on Springfield that has ordinance signs due to the noise from model airplane flying. Safety of the residents is another concern. If the Academy of Model Aeronautics has a long safety code then the issue becomes more complex. The FAA and AMA are working on rules for unmanned aircrafts. There are established parks for flying such objects. Ms. Fischetti did not feel the drones should be banned, but allowed to be flown in controlled areas with the necessary safety rules enforced. Vice Mayor Casello wanted to restrict the use to designated areas in the larger parks. Commissioner McCray stressed the City is liable for actions in the park and Risk should submit a report on the liability responsibility. Commissioner Merker reiterated his request to have an official opinion from Wally Majors, Director of Parks and Recreation. Mr. Majors felt the County regulations should be reviewed that require only qualified operators and follow the regulations relating to spectators and electrical lines. Larry Kagan, 3516 Hudson Lane, an insured member of the Association of Model Aeronautics, flies model aircraft in the undeveloped park on Springfield Boulevard. There are dangers in radio controlled aircraft and drones. The likelihood of injury is less than riding a bike. Rules for drone usage have been established by the FAA. However, smaller, hobby -type aircraft and planes should be allowed to be flown in a safe manner. He asked the signs relating to the Ordinance be removed from the vacant lot. The area is not a park as defined in the regulations and the signs do not contain all the necessary data as required in the Ordinance. Herb Suss, 1711 Woodfern Drive, contended drones were disturbing and frightened him. The Commission should gather more information before the drones are allowed. Mayor Taylor was concerned about the liability and danger of a drone hitting a child whether in a park or on the street. He was not in favor of expanding the use into the 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 parks because people should feel safe and able to enjoy the park. He would consider reviewing the previous ordinance that passed. Commissioner Merker stressed he originally voted against the drones and his position remains the same. He represents consistency. Commissioner Fitzpatrick felt flying drones would be an activity that supports young people. If we want a vibrant community, these type of activities need to be allowed. Vice Mayor Casello offered there was an organization that wanted to bring drone competitions to the area, but the current regulations would not allow the events. Mayor Taylor would support the drones if there was a specific area for their use, but not all parks. Ms. LaVerriere agreed to investigate the possibilities. The Nautica /Meadows site was probably the most viable. Many of the homeowners would be complaining. Vice Mayor Casello commented the drones were very quiet. Commissioner McCray reiterated the liability and risk should be considered. CONSENSUS Mayor Taylor declared there was consensus to explore possible sites for drone use and the possible risk and liability inherent in their use. C. At the direction of the City Commission at Strategic Planning, Sergeant Ronald Davis of the Boynton Beach Police Department is going to present overview of Code Compliance. Ms. LaVerriere recalled this item was a follow up from the Strategic Planning session. The current plan included an assessment of Code Compliance needs and statistics. The presentation is for information purposes and any discussion or recommendations need direction from the Commission for the proposed budget. Sgt. Davis provided a history of Code Enforcement and why it is important. Complaints usually stem from a lack understanding of the process. Comparisons with Delray and Boca would be reported. Recent research has shown failure to enforce Codes can be linked to chronic illnesses, poor mental health and injuries associated with poorly maintain structures and properties. The Florida Building Code and Florida Statutes with rulings on individual cases, set the standards. There is very little room for changing the process. The goals are to protect the community's health, safety and welfare through voluntary compliance. Code Enforcement is in every aspect of the Strategic Plan. For the fiscal year 13/14 the overall Code budget was $974,550. The net expense to the City was only $265,560. In the early 90s Code Compliance was moved under the Police Department and currently 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 out of 150 cities, 54 other municipalities have moved Code to the Police Department. It is becoming an industry standard. Only three cities privatized their Code Compliance. The Code is the City ordinances that define the standards that must be met by business and property owners. Code has no latitude in developing or enforcing the regulations. Fairness can be obtained through consistency. Complaints are received from three sources; citizens, other departments and patrols. If a violation exists the property owner is notified by registered mail. A period of time is given to correct the violation for re- inspection. If compliance is not gained the property owner is called before the Special Magistrate. If the violations are cured before the hearing date, the case is closed out. An unresolved violation requires the Officers to present evidence why a violation exists. The property owner can refute the allegations and then the Magistrate makes a determination. A determination that the violation continues results in the Magistrate giving another grace period for the owner to correct the violation. At the end of the period given, if the violation remains, a fine is assessed. A final certification hearing is held and fine begins to toll daily from that point. A lien can be filed against the property. Any appeal of the Magistrate decision has to be done through the County Circuit Court. In order for a lien to be satisfied, the lien can be paid in full or request a lien reduction if the property is in complete compliance and all monies owed to the City paid. The Magistrate can reduce the amount of the accrued fine. At this point the property owner can appeal the Magistrate fine reduction decision to the Commission. Municipal liens are the result of the City hiring vendors to mow yards, board openings, drain pools, or clear debris that is paid through Public Works and the lien is entered to recoup the monies. The administrative office includes a coordinator and two clerical staff. In fiscal year 2009/10 there was one director and five clerical staff. Ms. Springer fills her position and the director position. Each of the two clerical workers are doing the work of two previous positions. It is negatively affecting the efficiency of the unit. There are eight officers who conducted 24,097 routine daily inspections. There were 2,032 formal cases where owners were cited for violations. Only 750 appeared before the Magistrate. All others voluntarily complied. Only 139 had fines assessed against the property. Ultimately 99.43% of the 24,000 cases voluntarily complied. Out of 24,000 cases, 139 did not comply and only a few complained they were treated unfairly. The statistical comparison with Boca Raton and Delray revealed the City of Boynton Beach did more inspections, filed more formal cases and had a higher voluntary compliance rate. Vice Mayor Casello questioned the significant difference in daily inspections. Sgt. Davis surmised the tracking of daily inspections may differ, the officers may be less proactive 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JULY 7, 2015 and there may be less community complaints. The important number is the voluntary compliance rate and Boynton Beach had the higher rate. Training for the Code Enforcement officers was recommended and arrangements were made to host level four training. In exchange, the City's officers would be trained free. Commissioner Merker asked if there were any staffing changes. Sgt. Davis had requested one additional clerical staff. Two Code Officer positions were vacant; one just recently filled and another going through the hiring process. Digital Photo Management is being used to save 40,000 to 60,000 sheets of paper per year with even more in future years. The printing costs should decrease $2,000 to $3,000 for the year. The new clerical position would focus on the alarm registrations and decals, processing the applications and collection of fees and fines for false alarms, coordination of vendors for towing, landscaping, securing structures and providing property documentation for filing of municipal liens. The position should recoup approximately $12,000 of the salary. There had been an issue with vehicles, but the officers maintained the voluntary compliance rate which speaks volumes. Commissioner McCray wanted the names of the three cities that privatized their Code Departments. Sgt. David replied the cities were Pompano Beach, West Park and Weston. He wanted to research the stats of those cities. Commissioner Merker surmised the populations were significantly less. Mayor Taylor thanked Sgt. Davis for the information and Ms. LaVerriere agreed it was an excellent presentation. 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -016 - FIRST READING - Adopt the Boynton Beach Administrative Amendments to the 5th Edition of the Florida Building Code Attorney Cherof read Proposed Ordinance No. 15 -016 by title only, on first reading. Motion Vice Mayor Casello moved to approve Proposed Ordinance No. 15 -016 on first reading. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL B. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney - client session of the City Commission to discuss pending litigation in the following case: 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 requested a closed -door session with the Commission to receive direction in the litigation of Minnis versus the City of Boynton Beach pending in the 15 Judicial Circuit. Approximately one -half hour would be needed. Ms. LaVerriere suggested the session be scheduled at 6 p.m. before the Community Redevelopment Agency Board meeting on July 14 at 6 p.m. CONSENSUS JULY 7, 2015 Mayor Taylor declared there was consensus to meet in closed -door session at 6 p.m. on Tuesday, July 14, 2015. 14. FUTURE AGENDA ITEMS A. City Commission to discuss the Old High School as requested at the Strategic Planning Session - August 4, 2015. B. City Commission discussion on Police /Fire Services as requested at the Strategic Planning Session - August 4, 2015 C. City Commission discussion of Independent CRA Board - September 2015 - per direction from the FY 15/16 Strategic Plan sessions. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:25 p.m. (Continued on next page.) 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: M. Prainito, MMC y Clerk 7L.. J % ith A. Pyle, CMC eputy City Clerk 26 CITY OF BOYNTON BEACH Casello, Vice Mayor David T. M,etk JULY 7, 2015 Michael M. Fitzpatrick, Commissioner