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Minutes 01-05-16PRESENT: Motion MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 5, 2016 @ 6:30 P.M. Jerry Taylor, Chair Joe Casello, Vice Chair Commissioner David Merker Commissioner Mack McCray Commissioner Michael Fitzpatrick Invocation by State President, Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. and wished all a Happy New Year. Andy Lustig, State President of the Church of Jesus Christ of Latter Day Saints, gave the Invocation. Pledge of Allegiance to the Flag Commissioner McCray led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion that unanimously passed. Meeting Minutes City Commission Meeting Boynton Beach, Florida 2. OTHER A. Informational items by Members of the City Commission January 5, 2016 Commissioner Fitzpatrick advised he missed the last City Commission meeting because he was in Europe. While there, he spent a week touring the Battle of the Bulge. He found it interesting, but depressing to see so many deceased soldiers. Vice Chair Casello wished all a happy, healthy New Year He praised Annette Gray for her GBDC Leadership program which exposed students to city and local governments and business programs. He noted the students are future leaders and the City endorsed the program. Commissioner Merker commented beginnings could be exciting, undefined or scary. He did not know what the year would bring and wished all a healthy, happy New Year, filled with joy and excitement. Commissioner McCray wished all a happy, safe and prosperous New Year. He apprised the public St. John Missionary Baptist Church has a new Pastor, Reverend Jovan Tyrone Davis. His family relocated from New Jersey and he gave his first official service cn December 31, 2015. He thanked Police Chief Katz and his department for traffic control. Commissioner McCray commented over the holidays, a young man died three blocks from his home, but he would discuss positive events. He recalled Mike Rumph started off his football career by playing PAL football and then played for Atlantic High School, the University of Miami and was drafted by the San Francisco 49ers. After five years, he was traded to the Washington Red Skins and finished his career with the St. Louis Rams. He became the head coach at Plantation High School and two weeks ago, was featured in the Sun Sentinel as Coach of the Year. He is now the new quarterback coach for the University of Miami. Mr. Rumph grew up in Boynton Beach, his family lives here and he should be congratulated. Commissioner McCray also thanked his fellow Commissioners for approving his $1,000 donation for the Dimensional Harmony Choir to go to London. At one point the Choir was $15.000 short. He prayed and a donor provided the remaining funds. The students were representing the City, and he praised the City for investing in its young people. He had a similar situation when he was in school regarding a school safety patrol trip to Washington DC. He did not have the funds to go and an anonymous donor provided them. He expressed the experience encouraged him to offer his assistance to youth whenever possible. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 A. Announcement of the Martin Luther King events to be held in January. Eleanor Krusell, Communications Manager, played a short video reviewing the MLK events: • On Saturday, January 9 th, a parade down Seacrest Avenue starting at 11 a.m. on Boynton Beach Boulevard and ending at the Carolyn Sims Center followed by a Health Fair focusing on men's health hosted by Pathways to Prosperity. Food and music would be available as would health screenings for the entire family. • On Friday, January 15 Music on the Rocks, a free concert featuring Pocket Change will perform at the Boynton Beach Amphitheater from 5 p.m. to 9 p.m. It is a family event. • On Saturday January 16 a Celebration of Unity, including a concert and festival celebrating the City's diversity and unity. • On January 17 the Living the Dream Gala will take place at Benvenuto Restaurant from 6:30 p.m. to 9 p.m. • On Monday, January 18 the MLK Makeover Project will take place. Volunteers will paint a number of homes on MLK. The events were promoted at the amphitheater during the concert series, aired at local churches, and posted on social media outlets. Michael Norwood, Chair of MLK Committee, thanked Mayor Taylor, the City Commission and the CRA on behalf of 2016 MLK Celebration Committee for their support of this year's events. He thanked the Boynton Beach Heart of Boynton community, Pathways to Prosperity and the Boynton Beach Ministers Coalition for their assistance. He noted the Committee expanded from five members to 25 members this year. He praised the City Manager and staff, especially Eleanor Krusell, for her help. B. Proclaim every Monday as "Family Night" Boynton Beach. Florida State President, Andy H. Lustig, will be present to accept the Proclamation. Mayor Taylor commented just before the holiday, a meeting was requested by Mr. Lustig to discuss family life and some of the problems in society. Mayor Taylor felt many issues were the result of a breakdown in families across the country as many of them no longer sit down to eat or talk together. They suggested proclaiming Monday night as Family Night in Boynton Beach as a step to address the issue. Andy Lustig and Linda Yates were present to accept the proclamation as read by Mayor Taylor. Pastor Lustig thanked him and the City Commission for their efforts to make Boynton Beach a family - friendly City. He indicated when the family works together, youth will be strong. Ms. Yates agreed the makeup of the family gives youth the seeds to weather life. 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida C. Proclaim Sunday, February 7, 2016 as Robert E. Wells Day. January 5, 2016 Mayor Taylor requested Minister Wright accept the Proclamation as Minister Wright brought the request for the proclamation to the City's attention. Mayor Taylor read the proclamation and commented the history of Boynton Beach is important. Victor Norfus conveyed from 1880 to 1920, over 12,000 Bahamians settled in Dade County. 'n 1880 Robert Wells, a distinguished merchant /sailor who was born in the Bahamas, purchased land in former North Dade County on the south end of Lake Worth. 'n 1890 he built a home for his wife Elizabeth and cut a trail called Wells Avenue. He owned a large apartment building and general store on Wells Avenue which was renamed to 10 Avenue and later renamed to MLK Jr. Boulevard. Robert and Elizabeth Wells had one son, Harry, born in Boynton Beach. Harry married Ora Hannah who lived with Robert and Elizabeth. After Harry died, Ora and her two sisters, who were Robert's daughter in -laws, moved in with him. Harry and Ora had one daughter. Juanita, born in 1925, who married Joseph Wright. Joseph and Juanita Wells Wright are the parents of Bernard E. Wright, born in 1952. Robert V"ells petitioned for a St. Paul African Methodist Episcopal (AME) Church and on February 5, 1892, a church was established with the congregation meeting at his home. In 1894, Mr. Wells constructed the first St. Paul AME Church on the northeast corner of US 1 and Boynton Beach Boulevard. Black residents lived along Federal Highway and farmed a'song the Intracoastal. They planted fruit tree orchards and vegetable gardens from the Boynton Hotel on Boynton Beach to Federal Highway. In 1925, segregation laws were passed forcing Blacks to move. Reverend Butler, who founded St. John Missionary Baptist Church, moved to Wells Avenue and Boynton Colored Town was created from Wells Avenue to the canal and from Federal Highway to Seacrest. The church was relocated to Wells Avenue to land donated by Robert Wells. Wells Avenue was then the Main Street for Boynton Colored Town and through the years, Black businesses, such as the Continental Club, featured entertainers such as Sam Cook, BB King, Ike and Tina Turner and variety tent shows from 1904 to 1957. Robert Wells valued education and he and others requested a Black teacher from the Dade County School Board. A teacher was sent and on September 7, 1896, Boynton Elementary School, a one -room building on Federal Highway near what is now known as 3rd Avenue was established. When segregation laws were passed, the school was moved to Wells Avenue and the name changed to Boynton Colored Elementary. When the community outgrew the school, it was moved to Green Street, currently known as Seacrest Boulevard. In 1963, Civil Rights Laws were passed outlawing segregation and the school to name was changed to Poinciana Elementary School. 4 Meeting Minutes City Commission Meeting Boynton Beach, Florida 4. PUBLIC AUDIENCE 5 January 5, 2016 Mr. Wells attended the April 14, 1920 document signing incorporating the Town of Boynton Beach. Since Blacks were not permitted to attend City Commission meetings, they formed their own City Council for Boynton Colored Town called the Boynton Negro Civic League. Robert Wells was elected to the League and was its first leader. They petitioned the City to address various community issues such as street paving, lighting, electricity, water and sewerage and held community events and celebrations. After the civil rights laws were passed outlawing segregation, Boynton Colored Town no longer existed and the Boynton Negro Civic League was dissolved. Robert Wells owned land and businesses near Federal Highway. In 1925, the City platted the property as the Wells subdivision and platted other subdivisions where other Black residents lived such as the Meeks, Andrews and the Meeks Andrew subdivision. Wells Avenue had two churches, a masonic lodge, and the elementary school. The Heart of Boynton was a vibrant, thriving community thanks to Robert E. Wells. Minister Wright thanked all and commented this proclamation immortalized history. It brings a spirit of restoration to the City and he wanted his family's legacy honored. He thanked Warren Adams, Historic Preservation Planner, and the Boynton Beach Historic Resource Preservation Board. He advised a website about Boynton Colored Town was being created through a Historic Preservation grant. He wished all a Happy New Year and expressed his hopes for bigger and better things for the City of Boynton Beach. 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) Lori Wilkinson wished all a happy New Year and invited all to Barrier Free Park on Congress Avenue on February 3rd, for the 5K Walk, Run and Roll. The purpose of the Park was to provide children and adults of all abilities a place to play together. The Park is accessible by wheelchair and the equipment is wheelchair accessible. The Race was to raise money to improve and expand the Park. She advised special guest, Bella Nicole, a wheelchair bound child, would be present in her magic wheelchair, fashioned as a Cinderella Carriage that was donated and built by Mathew Stowers. Ms. Nicole will escort everyone and start the race. She distributed information about the event and requested teams be assembled to support the Park. Jean Ruzycki, SW 10 Avenue, was excited with new construction coming to Boynton Beach. She thought it was a great time to establish a downtown area with Historic Boynton High School as its gathering and activity center. She commented they need a few people to approve the restoration of the Old High School and hoped the Commission would cherish its history and approve it when it comes up for a vote. She noted the Old School Square in Delray Beach and wanted to see one in Boynton Beach. Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Ray Whitely, representing the Boynton Beach Coalition of Clergy, 239 NE 12th Avenue, thanked the City Commission for the proclamation given to Minister Wright and announced the New Disciples Worship Center was hosting a Candidate Forum on January 25 starting at 7 p.m. Mr. Whitely explained it was important for the candidates to know what the community felt was needed. Mr. Whitely conveyed the community was requesting the City Commission include funds for body cameras in the budget and require diversity and bias -based tests for officers to undergo during training. Training should include scenario -based training on a quarterly basis on topics involving the community and youth of color. He commented they support the citizens and Police Department, but noted federal funding for body cameras was very limited. He thanked the City Commission for their work and commented they have a role in sharing what the community wants. Pastor Richard Dames, President of the Boynton Beach Coalition of Clergy, 239 NE 12 Avenue, wished all a happy New Year. He thanked the City for assisting a family with seven children that recently had a house fire and for the City's assistance with a mother who was living in a car. He noted Commissioner McCray spoke about loss of a life due to a block party and advised he also received several calls about the block party from family members and parishioners. He commented whether block parties were legal or not, some people in the community expressed they were not wanted and were unnecessary. He was told the party started off well, but it finished badly. Parishioners and residents are afraid of these parties and had difficulty coming and going to their homes. He requested something be done. Commissioner McCray responded he, the City Manager and the Police Chief had discussed it and something will be done. Mark Karageorge, 240A Main Boulevard, agreed with the comments made by Pastor Dames as residents from District 11 approached him expressing fear about the parties. He appreciated Commissioner McCray's, Ms. LaVerriere's and the Police Chief's efforts. He also wanted to speak about Items 12A and 13A when they are heard and acknowledged Mike Rumph was now a coach for the Miami Hurricanes. He thought he would be a great asset to the City and would recruit in the area. Mike Ross, 3386 Quantum Lakes Drive, spoke about a block party on Christmas Day. He lives on the west side of 1 -95 and started to hear very loud music in the afternoon. His wife determined it was coming from the other side of 1 -95 and called the Police. They arrived and explained to her there was a block party, and they were hesitant to break it up because it could start a riot. Mr. Ross asserted the Police stand between civilization and anarchy, and they need to be re- empowered. He pointed out a dead body was found on a lawn later that night. Rather than purchasing body cameras, he proposed the Commission provide resources for more policing, district attorneys, and jails if necessary. He wanted law and order to be maintained and he commented they should be empowered to go in and do the job by any means necessary because the 6 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 public relies on them. Mr. Ross advised he did not have any hidden agenda, and had no police relatives or clients. He asserted the City employs a police force and they need to do the lob they need to do. Commissioner McCray explained the event started as party at Sara Sims which was allowed. They thought only 100 people were coming, but the party was posted on social media causing 400 to 600 people to gather in one area. Commissioner McCray advised they will not issue any more permits for Sara Sims Park until the City gains control and until they see civility and stability in the area. Vice Mayor Casello advised he had asked the City Manager for a report from the Police Chief on what steps were being taken to discourage this type of occurrence again. Steven Grant, NE 3rd Avenue, was following up on his previous request to place recycling or trash bins in the Heart of Boynton. He contacted Code Compliance about the violation. He noted the subject properties belonged to the CRA. He also hoped there were more signs advertising the MLK events and did not think four days was enough time to notify the public that Seacrest Boulevard would be closed. He hoped it would be put in the newspaper and that the City promote it as well. Commissioner McCray explained the City applied for a permit to close the road. Mayor Taylor pointed out the closure was in the newspaper. Mr. Gran', noted the Palm Beach County Commissioners approved an Ordinance to issue civil citations for small quantities of marijuana and inquired when the City would review the Ordinance and put it up for a vote. The Mayor responded it would be put on a future agenda. Susan Oyer, 140 SE 27 Way, at previous Commission meetings defined the words "preserving" and "protect.' She then defined "repurpose" as finding a new use or idea for a product or building. One advantage to preserve, protect or repurpose the Old High School is it attracts tourists to experience the spirit of the place. It generates workplaces and work for skilled workers. The building is environmentally friendly and performed better than new construction during hurricanes. She requested the City Commission preserve, protect or repurpose the Old High School. Reverend Bernard Wright, 713 NW 2 Street, explained last year they celebrated MLK Jr. Day by feeding the City residents for free from 9 to 5. He requested the Police Department and City Commission contribute to the community events. The community was fellowshipping. He advised Boynton Beach is a peaceful place. He disagreed the Police should do whatever was needed during the block party because there will always be disputes. The parties involved were not from the Heart of Boynton and they had nothing to do with the event. He noted murders rarely occur in the City. They want to bring the community together in solidarity to stop the violence. 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida Victor Norfus, 261 N. Palm Drive, noted many different companies and business made proposals for the Old High /Elementary School and were turned down for various reasons that were successful elsewhere in Palm Beach County. He requested when the Commission thinks of the Old High /Elementary School, they should understand there is a change coming and they have to be part of the change. He commented you do not tear down everything that is old. History has a place in the future. He requested the City Commission not cancel block parties and suggested if there is a limit to the amount of people they could have, they should put it in writing and the Police must enforce the rules and interact with the individuals in the City. He agreed there have been a few murders, including his cousins a few years ago and wanted to know who was responsible. Commissioner McCray suggested Mr. Norfus discuss the matter with the Police Chief. There was also a shooting near his home which he did not like either. 5. ADMINISTRATIVE Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 1 Reg 2 Alts Community Redevelopment Agency Advisory Bd.: 1 Reg Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu NN Golf Course Advisory Committee: 1 Alt Library Bd.: 1 Reg and 1 Alt Planning and Development Bd.: 1 Reg Recreation and Parks Board: 1 Reg Senior Advisory Board: 2 Regs and 2 Alts Veterans Advisory Commission: 2 Alts Motion Commissioner Fitzpatrick moved to appoint Paula Melley as a regular member of the Community Redevelopment Agency Advisory Board. Vice Mayor Casello seconded the motion. Vote The motion unanimously passed. 8 January 5, 2016 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: Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion Commissioner Fitzpatrick moved to appoint Richard Gonzalez as an alternate on the Golf Course Advisory Committee. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Fitzpatrick moved to reappoint Deborah Hoban as a regular member on the Library Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vote The motion unanimously passed. Motion Vote The motion unanimously passed. (Vice Mayor Casello left the dais at 7:38 p.m.) 9 January 5, 2016 Commissioner Fitzpatrick moved to change Kevin Fischer from an alternate member to a regular member on the Planning and Development Board. Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick moved to appoint Jeff Fromknecht as a regular member on the Recreation and Parks Advisory Board. Commissioner McCray seconded the motion. Commissioner Fitzpatrick moved to reappoint Stanley Gavlick as an alternate member on the Veterans Advisory Commission. Commissioner McCray seconded the motion and thought he had previously appointed Mr. Gavlick. Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Mayor Taylor suggested checking and asked for a vote in case he was not previously reappointed. Vote The motion passed 4 -0 (Vice Mayor Casello was not present for the vote.) Mayor Taylor moved to reappoint Robert Manson as an alternate on the Veterans Advisory Commission. Commissioner McCray seconded the motion. Vote The motion passed 4 -0 (Vice Mayor Casello was not present for the vote.) 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. R16 -001 - Authorize the City Manager to sign a Vendor Services Agreement for the software upgrade, migration and yearly maintenance /support of Laserfiche, the City's document management system with Information Consultants, Inc. of Miami, Florida for an initial one (1) year period with four (4) one -year renewal periods with the first year cost being $27,075. B. PROPOSED RESOLUTION NO. R16 -002 - Authorize the City Manager to sign a multi -year Interlocal Agreement with Palm Beach County reference maintaining Common Talk Groups with the County and other Agencies in the southern section of the County. C. PROPOSED RESOLUTION NO. R16 -003- Amend the FY 2015 -2016 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for existing prior year Capital Improvement Projects (CIP) Purchase Orders. D. PROPOSED RESOLUTION NO. R16 -004 - Authorize the City Manager to enter into an agreement with Resource Action Programs for the FY 2015 -16 implementation of the WaterWise conservation program for all 5th grade students at schools within the City of Boynton Beach. The total expenditure for this venture is $39,360, as a sole source vendor. 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida E. PROPOSED RESOLUTION NO. R16 -005 - Approve and adopt the City of Boynton Beach ADA Self Evaluation and Transition Plan. F. PROPOSED RESOLUTION NO. R16 -006 - Approve a Resolution in support of Florida Senate Bill 904 supporting the installation of solar - powered, in -road lights in certain bicycle ways that are established, or within a specified radius of, an urban area. G. Approve a purchase order to A Cut Above Landscape and Irrigation Company in the amount of $45,163.25 for landscape improvements to the remaining six (6) Congress Avenue medians. Improvements are being made based upon recent designs by Kimley Horn. H. Approve the minutes from the Regular City Commission meeting held on December 15, 2015. Approve a one year piggy -back of the City of Stuart Bid No. 2015 -293 for Chemicals for Water Treatment, with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing. Tanner Industries will provide anhydrous ammonia to the Utilities Department on an "as- needed" basis, for an estimated annual expenditure of $40,000. 7. BIDS AND PURCHASES OVER $100,000 Motion Commissioner McCray inquired about the balance in the account. 11 January 5, 2016 A. Award Bid #009 - 1412- 16 /MFD for "Purchase of Uniforms - Two Year Contract" to Red the Uniform Tailor and Seacoast Embroidery. The estimated annual expenditures is $166,000. Items are purchased on an "As Needed Basis ". Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion. Tim Howard, Finance Director, responded they purchase the uniforms and they are stored in the warehouse. As they are needed, the items are charged to the department. The cost is spread out among all the departments. Last year they spent $151,000, and this year they spent $181,000. Commissioner McCray noted there was a $9,000 balance. Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote The motion passed 4 - 0. (Vice Mayor Casello not present for the vote.) 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING January 5, 2016 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED RESOLUTION NO. R16 -007 - Approve First Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC that involves defining the developer obligations as part of a construction agreement between the City and FDOT for certain roadway improvements along South Federal Highway in FDOT Right -of -Way. Motion Commissioner Merker moved to approve. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote The motion passed 4 - (Vice Mayor Casello not present for the vote.) 10. CITY MANAGER'S REPORT A. Accept the FY2014/2015 Annual Grants Report (Vice Mayor Casello returned to the dais at 7:42 p.m.) Debbie Majors, Grants and ADA Coordinator, made a presentation highlighting 10 grants that were awarded totaling over $1 million. This past year, the City received four competitive grants totaling over $1 million and formula funding and other funds such as State Aid and Community Development Block Grant entitlement funds. Ms. Majors reported grant funds were used for the following: • Seventeen pieces of equipment, five of which are wheelchair accessible, for the Fitness Zone at Barrier Free Park; 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 • The Annual Holiday Shop with a Cop at Walmart and Smart Water Home Coding Instant Tracer Kits for the community; • A Maker Bot Replicator 3 -D printer, used by youth in the Library for STEM programing, a display board for the Library to promote programs to the community and offering over 70 magazine titles to Library patrons using mobile devices or computers free of charge; • Free computer classes for 750 people at the Senior Center; • Historic preservation allowing the public to access the City's history via cell phone or iPad; • An electronic, patient care, reporting system for the Fire Department to streamline emergency care and for three new Powerpro ambulance cots to transport patients; • Summer camp scholarships to enable 30 students to participate in Recreation and Park field trips and summer programs; • Economic Incentive funds to Copper Top Brewery for the purchase of equipment and creation of low to moderate - income jobs over the next three years; • SHIP homebuyer assistance for the purchase of a home on SW 9 Avenue; • Planting of 175 native trees at the Golf Course. Over 1,000 trees were lost at the Golf Course due to past hurricanes; and • The Galaxy E3 Elementary School Scrub Club environmental education program. Ms. Major advised staff proposed to submit 15 grants in 2016 totaling just under $2.5 million. Members of the grants team were recognized. Mayor Taylor complimented Ms. Majors and the team for obtaining these funds for the City. B. Presentation by Boynton Beach Utility staff of the Fiscal Year 2014 -2015 Year End Operations Report Bevis Pigott, Treatment Operations Manager for Boynton Beach Utilities, noted the report was for 15/16 not 14/15. Mr. Pigott explained the Utilities Department tracks employee safety based on the number of full -time employees. The target incident rate is 2.0 and the actual was 3.6; fairly well compared to previous years. The incidents were due mostly to slips, trips, twists and falls. Treatment operations showed the existent usage of raw water usage was significantly below the Consumptive Use Permit requirements and was good. The water distribution pressure was about 60 pounds per square inch and the target was normally 50. The water distribution chlorine residual target was 3.4 milligrams per liter and they were well above that. Anything that drops the chlorine residual below the target is investigated to resolve the issues. Field operations showed unplanned water main outages. The target was less than 30 per month and they averaged slightly over four per month for the year. Water quality complaints are tracked and usually relate to seasonal residents having to flush their faucets to resolve. 13 Meeting Minutes City Commission Meeting Boynton Beach, Florida There were no sanitary sewer overflows during the last fiscal year, ranking the City in the top 5% of similarly sized systems. Major projects completed in 2015 were the Central Seacrest Corridor Neighborhood Utility Improvements; Raw Water Main Segment B; the Lake Boynton Estates Utility Improvements; Pence Park Lift Station Project; and the Reclaimed Water Main Extension to High Point. The Central Seacrest Corridor Neighborhood Improvement project was completed five months ahead of schedule, $176,000 below budget and included installation of water distribution mains, storm water pipes, swale restoration, installation of new fire hydrants and transfer of some water services. Raw Water Main Segment B was Phase H of the installation of the raw water main from the western well field to the East Plant. The project was completed on schedule and approximately $176,000 under budget. The Lake Boynton Estate project was completed six months ahead of schedule, $287,000 under budget and included installation of water distribution mains and fire hydrants. The Pence Park lift station project including a new lift station and associated piping and pumps was completed three months behind schedule and $51,000 over budget due to several other parts to the project, including an architectural wall, landscaping and related irrigation. The High Point Reuse Extension was on schedule and $1,275 over budget. The overrun was due to damage to an unmarked, unknown water pipe. Projects 'under construction or design were: 14 January 5, 2016 • The final section of the Raw Water Main Segment C. It is a $7.6 million project that should be completed by August 23, 2016. • The Water Plant Capacity and Regulatory Upgrade has started. • Staff was reviewing plans and specifications for the Master Lift Station Rehabilitation and the project would be bid in February 2016. • The Force Main Value on Congress Avenue should be finished by January 2017. • The Reuse Distribution System included the High Point Extension and was an 8 million gallon per day program that had a five -year work plan that would be completed by September. • For fiscal year 15/16 water distribution improvements were planned for the San Castle area with concept designs underway and was budgeted for about $500,000. Stormwater improvements were budgeted for about $2 million for the North and South Road projects. The bid would be issued in February 2016. Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 • The NE 20 Neighborhood Utility Improvement budget cost $1 million and should be done by September. • The Venetian and Treasure Isle projects had a budget of $850,000 and construction already started. • The NW 1 and 2 Street Stormwater Improvements had a budget of $1.1 million and should be completed by September. He noted the Florida Department of Transportation was participating in the project. Overall budget performance showed total revenues were about $3.5 million above the adopted budget due to increases in the customer base, and they aggressively pursued past due account collections. Expenditures were $2 million less than the adopted budget, due to vacant positions, reductions in uncollectable accounts and operational cost reductions. Water costs, per 1000 gallons, were below budget due to water purchases from Palm Beach County, preventative maintenance in the distribution system and vacant positions. Sewer costs were above the budget due to overtime costs from staff shortages and underestimating the seasonal wastewater treatment and disposal costs. For the year, the total expense was 4% below the budget. Capital expenditures closed the fiscal year with $16.4 million and revenues were $3.5 million above the budget. Utilities staff published a 12 page report on citizen communication and encouraged residents to review the report. Staff attended homeowner association meetings and held neighborhood meetings to discuss ongoing projects and used social media. The Community Rating System (CRS) audit was completed and staff was hopeful the City's rating would result in savings for flood insurance. They also implemented a new Interactive Voice Response System. Vice Mayor Casello explained, in the past, he received calls about customers receiving double bills and asked if that was addressed. Collin Groff, Utilities Director, responded they have had issues with the billing system and looked for a third party vendor that handles address corrections. Vice Mayor Casello inquired if the City shuts off water services leaving families without water over the weekend and learned the policy allows for shut offs Mondays through Thursdays by 5 p.m. so customers could pay the bill on Friday. This year they anticipated $400,000 in bad debt, but the reason they did not write anything off was they were aggressive on getting customers to pay their bills on time and advising them of the consequences. The department provides a lot of notice. They have staff available 24/7 to turn water off and on, but noted there is an extra fee to turn water on after hours. 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Vice Mayor Casello asked if staff considers hardships, and learned staff has some discretion with late bills. If the customer agrees to make payments and go through a process, the water will be turned on. Staff has no discretion with routinely slow or non- payment customers. Vice Mayor Casello inquired about construction on the new plant project and learned it was going well. It was still on budget and staff would hold an open house near the end of February. He speculated the project should come in under budget. Commissioner McCray asked about the $500,000 for the NE 20th Avenue Stormwater Improvement project and learned there were several projects combined in the budget under one line item that had been separated out. The project is budgeted for $1.1 million and a bid will be issued. The cost had decreased so they adjusted the budget down. Commissioner Fitzpatrick commented there were citizen complaints about Pence Park. Mr. Groff explained it is the contractor's responsibility and the contractor had to meet with permitting agencies. They finalized the permit, so they had to address the issues. As for cracks in the foundation, Mr. Groff was unaware if there was a lawsuit filed, but commented the contractor was working with the duplex owner to solve the problem. Commissioner Fitzpatrick also commented Pence Park is a longstanding park. Taking one acre of park land in a high density area is a quality of life issue and he believed the land should be replaced in the future. Mayor Taylor appreciated the report and praised staff for taking on so many projects. He liked that projects were completed on schedule and under budget. City Manager LaVerriere recognized Mr. Pigott, a seven -year employee, engineer and manager. As part of leadership development, managers would be rotated to make presentations to the City Commission. 11. UNFINISHED BUSINESS - None Vice Mayor Casello noted Fire Station No. 3 on Congress Avenue and Miner Road was reopening Thursday and asked what preventative measures were being taken to stop this issue from closing facilities. Jeff Livergood, Public Works Director, explained there is a three -part process under discussion with the City Manager. Public Works is responsible for the maintenance, structures, utility components and mechanical systems within the building and has a responsibility to investigate, identify problems and maintain the systems. Public Works will work with occupants and employees there to help them identify problems and submit work orders to Public Works earlier. The buildings are old or aging. He commented the City Commission has to make major decisions about some of the fire stations and other buildings. Mechanical and roofing systems have to 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 be maintained to Code and would be addressed through the capital improvement process. A more aggressive stance will be taken next year. 12. NEW BUSINESS A. Commission discussion and review of temporary signs - feather banners Vice Mayor Casello recalled last May, the City allowed a six -month trial period for feather banners and extended it again. He thought the second extension made them permanent but it did not. Mayor Taylor favored reinstating the Ordinance. Commissioner McCray also favored the feather banners. Mark Karageorge agreed with Vice Mayor Casello and explained the signs help the business community. Joe Hurtuk, Owner of Boardwalk Italian Ice and Creamery, explained they put up a feather banner, but Code Enforcement made them remove it. He suggested if the City is going to make the signs permanent, Code Enforcement should be there to ensure the banners look as good as possible. He did not want dirty, ripped, torn or tattered banners. He agreed the banners help increase business. Mayor Taylor agreed and suggested business owners be made aware they can install banners and Code would permit them. The City Commission will approve the Ordinance. B. Approve the release of the following land parcels to Habitat for Humanity of South Palm Beach as requested by the CRA: Lot 22, Block 1,The Frank Webber Addition to Boynton Beach PB 9, Page 3 - PCN 08- 43- 45- 21 -25- 001 -0220, and Lot 23, Block 1,The Frank Webber Addition to Boynton Beach PB 9, Page 3 - PCN 08- 43- 45- 21 -25- 001 -0230 Mayor Taylor read the item and commented the parcels are in the Model Block Program. Motion Commissioner McCray moved to approve the release. Commissioner Merker seconded the motion. Commissioner Fitzpatrick announced he did not believe the City should subsidize single family homes as it was not best the use of scant resources. Vice Mayor Casello noted, for tax purposes, the City was not receiving anything for the land. Once a home is constructed, it will be a revenue generator for the City. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida Steven Grant, NE 3rd Avenue, inquired if the CRA held an auction or made land available for sale to anyone other than Habitat for Humanity. Vivian Brooks, CRA Executive Director, explained Habitat for Humanity provided a letter of interest to them. Under Statute, the CRA had to advertise the transaction for 30 days, and the City Commission has to approve it. Vote The motion passed 4 -1, (Commissioner Fitzpatrick dissenting.) 13. LEGAL A. Discussion and direction to exempt gated private residential communities from public art fee. Draft ordinance is attached. Mayor Taylor received a letter from Hunters Run advising they remodeled their clubhouse. Under the Art in Public Places Ordinance, they were assessed an art fee. Hunters Run installed over $8,000 in new art during the remodel, but the Ordinance indicated they owe another $17,000. Hunters Run contends they should be exempt because it is a private community. Mayor Taylor understood when they passed the Ordinance it was to attract people to the community, but pointed out the public could not view the art, only the residents. He discussed the matter with the City Attorney and one option would be to exempt gated communities from the Ordinance. Commissioner McCray learned Hunters Run was developed in 1979 and explained when the first and second Ordinance was first adopted in 2005 and 2007 it did not say anything about gated communities. He stressed the project was a remodel, Hunters Run was already constructed, and he did not think they should be penalized. Commissioner McCray pointed out it was for new construction and projects on right -of- ways that the public could access. Vice Mayor Casello noted he had large communities in his District that were not gated and asked if they would be exempt from the Ordinance if they made improvements and learned they would not. He thought they were narrowing the exemption to gated communities and suggested changing it to residential areas. Mayor Taylor responded the Ordinance would affect the entire City and noted they were building residential and mixed -use projects with areas open to the public. Vice Mayor Casello pointed out the Meadows and Boynton Lakes were no different than Hunters Run other than the gate and he questioned why they would be subject to an art fee and not gated communities. Commissioner Merker announced he supports art in public places. The program is important in Boynton Beach and as development occurs, it will be more important. He thought new development and projects on public thoroughfares should be required to pay the fee, but the fee for common structures within gated and restricted residential 18 January 5, 2016 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 communities, including Leisureville and Village on the Green, were different. He favored exempting gated communities and restricted residential communities. He wanted staff to explore these exemptions, analyze them, and identify alternative revenue sources to replace the loss of program revenues. Other communities that are not gated are actually gated in theory. Commissioner Fitzpatrick asked for a staff recommendation and City Manager LaVerriere explained the item was for discussion. Staff had not commented on the item. Mayor Taylor had requested the item come before the Commission. If there are amendments, staff should look at them because there will be financial impacts. They also have to discuss if amendments would be made retroactively. Commissioner Fitzpatrick thought most public art projects are in the CRA area and suggested it be tabled for the CRA to address. Mayor Taylor explained the City Commission never considered gated communities. The $17,000 fee is being held in escrow. He noted Hunters Run installed a significant water feature at its entrance when it was developed and it was done without an Ordinance. Mayor Taylor thought they should be exempt. If not, they should apply the $17,000 back to the water feature. Commissioner McCray noted a few months ago, Hunters Run appeared before the City Commission and presented them with a check for $20,000. He thought it was poor to penalize a community for $17,000 when they donated $20,000 and it was pointed out they donate to the City every year. Vice Mayor Casello agreed Hunters Run is a great community, and he favored the exemption, but he was concerned about the non -gated communities and suggested tabling the issue to the next meeting and return with specific language. Mark Karageorge, 240A Main Boulevard, expressed concern if the Ordinance was amended a precedent would be set. There are projects that are approved that have not yet started and those properties would then add a gate to be exempt from the Ordinance. One such project was Casa Del Mar. Mr. Karageorge favored waiving the fee for Hunters Run as the community has helped the City each year with fire equipment, the Library and more. He thought the matter should be tabled and due diligence conducted. The fee would raise revenues, but not on the backs of the tax payer. Rachel Mondesir, Arts Commission member, requested the matter be tabled to give the Arts Commission an opportunity to do their own research and determine how the change would impact the program. She pointed out they have a public art survey that will be issued soliciting feedback from the community. They were also working on the Master Plan. They needed time to come back with more information. 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida David Katz, 67 Midwood Lane, understood the money generated by the fee does not go to the general fund, it funds the department and the art. Based on that, there is no need to table. He suggested exempting gated and large communities if they need to do restoration or remodeling, but exemptions, just because a community was gated, would not be fair. He thought they should amend the Ordinance and move forward. He agreed Hunters Run has supported the City for many years, and if they could legally forgive them the $17,000, they should. Mayor Taylor did not think the Arts Commission was hurting for money. Motion Mayor Taylor passed the gavel and moved to amend the Art Ordinance exempting gated communities from the art fee and ask the City staff to review the change and come back to the Commission with information on any other additional amendments or exemptions that they think would be feasible and what are the pros and cons as far as cost. Commissioner McCray seconded the motion. Vote The motion passed 3 - 2, (Vice Mayor Casello and Commissioner Fitzpatrick dissenting.) Motion Vice Mayor Casello explained he voted no and moved to propose a one -time exception to forgive the $17,000 and have staff come back with amendments on how to handle the other gated and non -gated communities. Mayor Taylor seconded the motion Commissioner Merker requested clarification the Commission voted that Hunters Run was exempt. Attorney Cherof explained Hunters Run was not exempt and he would return the Ordinance as drafted to the Commission for first reading while staff studied the impact on communities that are not gated. No action could be taken at this time; however, they can change the Ordinance in the future and make it retroactive. Part of the staff analysis would include refunds that may be due because of the amendment. Mayor Taylor amended his motion they make it retroactive to gated communities to 2005. Commissioner McCray agreed to the amendment. Attorney Cherof explained the second motion would not hold because they cannot exempt Hunters Run or issue a waiver or refund because there was no provision in the current Ordinance to do so. Vice Mayor Casello withdrew his motion Mayor Taylor announced the original motion passed. City Manager LaVerriere explained part of the staff analysis for first reading would include the financial impact of going retroactive to 2005. The Ordinance would be on the next agenda. 20 January 5, 2016 Meeting Minutes City Commission Meeting Boynton Beach, Florida Motion B. PROPOSED RESOLUTION NO. R16 -008 - Approve Resolution designating Canvassing Board for March 2016 Municipal Election Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion that unanimously passed. Commissioner McCray expressed his thanks for the ADA bathrooms. 14. FUTURE AGENDA ITEMS A. Discussion of beach re- nourishment at City's Beaches - January 19, 2016. B. Code Compliance Initiative - North Federal Highway - February 2016. C. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - February 2016 15. ADJOURNMENT There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 8:48 p.m. (Continued on next page) 21 January 5, 2016 Meeting Minutes City Commission Meeting Boynton Beach, Florida ATTEST: tea .. Judith A. Pyle, CM Interim City Clerk 0 .0,41LJLOUL at2AAL Catherine Cherry Minutes Specialist 22 CITY OF BOYNTON BEACH Casello, V January 5, 2016 David T. M ack McC er.. C missioner Michael M. Fitzpatrick, Com ssioner