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Minutes 01-19-16PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 19, 2016, AT 6:30 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:31 p.m. Invocation Commissioner McCray offered the invocation. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick Commissioner Fitzpatrick led the Pledge of Allegiance to the Flag. Roll call established a quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof added Item 6.M, R16 -016, a Warranty Deed that was previously approved that needed to be signed by the Mayor. Commissioner Fitzpatrick pulled Consent Agenda Item E. Motion 2. Adoption Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Meeting Minutes City Commission Boynton Beach, Florida Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission January 19, 2016 Commissioner McCray requested the City send a letter of thanks to the MLK Committee, especially the Chair, Michael Norwood, congratulating them on a job well done. Although the event was held in District II, it was an exciting and well done, City event. Commissioner McCray gave his cell phone number as (561) 236 -1193. The number issued by the City is used only for emergencies. Commissioner Merker was proud to be part of the MLK March and noted there was a much larger crowd this year. He agreed with Commissioner McCray's comments. Vice Mayor Casello agreed with the prior MLK comments and pointed out the event was a week -long celebration. He attended a press conference last Thursday for Bella Nicole, who is confined to a wheelchair. Ms. Nicole would escort the 5K Walk, Run and Roll event participants and noted they were trying to raise funds for the Barrier Free Park. He praised Recreation and Parks Director, Wally Majors and Therapy Dog Boone for their assistance. Vice Mayor Casello issued a "Guns and Hoses" challenge to the Police and Fire Departments to form teams for the event. Mayor Taylor announced this year's award winning calendar and report has been mailed to all City residents. There is a detachable section with information all residents can use. He thanked Eleanor Krusell, Communications Manager, for her great work. Mayor Taylor advised him, the Vice Mayor and City Manager went to Tallahassee to meet with representatives to advise them of the needs of the City. It was a worthwhile trip. He announced there had been previous discussion about having a hotel in Downtown Boynton Beach and a Guy Harvey representative visited the CRA to see what land was available. He attended the MLK Unity Celebration at the amphitheater and commented it was a nice event. On Friday, he attended the grand opening of the East West Bistro Buffet, a Chinese - American Buffet that is open for lunch and dinner. Mayor Taylor advised he attended the Mayor's Parade at the South County Fair on Sunday. The City had a booth at the Fair and everyone said it was the best. Mayor Taylor pointed out Boynton Beach is becoming known for the Pirates Fest. Ms. Krusell had arranged for three pirates to walk alongside the Mayors' car in the parade, handing out beads and discussing the Pirates Fest. Mayor Taylor went to the MLK "Living the Dream Gala" and over 290 people attended. 2 Meeting Minutes City Commission Boynton Beach, Florida 3 January 19, 2016 Commissioner Fitzpatrick commended the MLK Committee for the events and commented it depicted the City in a favorable way. Other events he attended included the following: January 5 he met with a preservation group with an office in Ocean Ridge who were concerned about the River Walk project on Woolbright Road. January 7 he attended the Seacrest Estates Neighborhood Association meeting and the Democratic Executive Committee monthly meeting. January 9 was the MLK Parade. January 12 he attended the CRA meeting. January 13 Chamber of Commerce Luncheon on the Intracoastal. January 14 he attended the Forest Park Neighborhood Association Meeting. January 15 he met with Bella Nicole, the honorary starter for the upcoming Barrier Free event. January 16 there was a Celebration of Unity which the entire Commission attended. January 17 Greater Boynton Beach Democratic Club lunch honoring County Commissioner Shelley Vana, and later that day, attended the "Living the Dream Gala" in addition to the City Commission meeting. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim School Choice Week - January 24 -30, 2016 Mayor Taylor read the proclamation for School Choice Week. There was no one present to accept the proclamation. B. Announcement by Recreation & Parks Director Wally Majors about the upcoming Barrier Free 5K Run, Walk & Roll event, registration information and team competition. Mayor Taylor presented the item and he and the Commission commented it was a very worthy event. Mr. Majors thanked the City Commission for their kind words. He requested Lori Wilkinson, Chair of the Greater Boynton Beach Foundation, present the item since the Foundation uses the funds to benefit the Park. Lori Wilkinson, invited all to the Barrier Free 5K event on Saturday, February 13 The Park, located on Congress Avenue, is accessible to children with or without disabilities and provides a place to play. The equipment and terrain works for everyone. She invited all to attend the event. C. Presentation of the 2015 Holiday Parade "Virtual" Awards by Mayor Taylor. The Boynton Beach Historical Society will be awarded the "Most Outstanding Float" Award, and the Top Notch Twirlers will receive the "Best Marching Unit" Award. Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 Mr. Majors advised many were disappointed the Parade was rained out. A suggestion was made to allow those intending to participate to submit a picture or video of how they planned to participate and they could use that to judge and distribute awards. The Boynton Beach Historical Society received the most outstanding float award. Mr. Majors provided the history of the Historical Society and their meeting times and location. Mayor Taylor read the plaque and congratulated Dr. Ginger Pedersen, who was present to accept the award. She commented they spent hours wrapping boxes and had to figure out how to keep the boxes from flying away. She thanked the City Commission and explained the vehicle used for the float was "Herbie the Love Bug" in keeping with the theme of "Hooray for Hollywood." The best marching unit award was given to Top Notch Twirlers, who were present. Mr. Majors advised the Twirlers practice in Palm Springs and are baton twirlers who dance and use pom poms. They perform throughout Palm Beach County in parades and give performances. They have performed for the Miami Heat and in the Dolphins half -time shows and will twirl in Disney's Magic Kingdom Parade in February. Mayor Taylor read the plaque for the best marching unit and presented it to the Top Notch Twirlers. D. Presentation to the Public Works /Solid Waste Division by Willie Puz, Director of Public Affairs of the Solid Waste Authority for the City's efforts in the reduction of contaminated residential recycling material. Willie Puz, Public Affairs Director, Solid Waste Authority (SWA), was present to recognize the City's efforts in the reduction of contaminated recycling material. He advised the Public Works /Solid Waste Division did an outstanding job. In 2008, the State set a 75% recycling goal by 2020. Palm Beach County is at 53 %. Residents have a yellow bin for paper, cardboard and mixed paper, and blue bins are for glass, aluminum and steel cans, and plastics which are separated at the curb. Prices for recyclables vary and are market and commodity driven. Blue bin commodities increased and yellow bin commodities decreased. In 2003, blue bin recycling was at 27 %, and in 2014 it was 42 %. It is taking more materials to keep the pounds collected the same over time. Since 2000, more than 8.9 billion pounds of materials were recycled. Since 2004, the SWA has generated more than $123 million in gross recycling revenues. In 2010, they partnered with cities to revenue share for recycling. Since 2010, Boynton Beach received more than $500,000 because residents recycled correctly and the amount stayed the same during 2013, 2014, and 2015. 4 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 Mr. Puz commented residents do not always do their part. There is often contamination in the bins caused by mixing non - recycling material with recyclable material and some of it has to be thrown away. Across the Board, there was a lot of contamination with the trucks. When the paper recycling truck dumps, plastics come out and someone has to physically separate it. He noted it is difficult to pull everything out and the City loses revenues because of this. The SWA began looking at contaminated loads and in September, the SWA rejected 25 loads, at $42 per load. When staff recognized where the problems were, Assistant Public Works Director, Chris Roberts and Sanitation Department supervisors addressed the problem. In October, November and December, the number of rejected loads decreased. Palm Beach County wants to exceed the State's 75% recycling goal. The Commission, residents and City employees all play a role to keep recycling revenues high, and moving the State closer to a zero landfill. Members of the sanitation team were recognized and Mr. Puz announced they will recognize everyone individually at another time. Mr. Puz thanked everyone for a great job. Vice Mayor Casello gave kudos to Jeff Livergood, Director of Public Works for a great team. He asked if there were recycling classes for youngsters. Mr. Puz advised the SWA made 330 school presentations, slightly less than 100 tours to middle, high school and colleges. He emphasized education was important. Commissioner Fitzpatrick advised while on a trip in Italy, he learned ,an officer inspects recycling bins monthly and writes citations. He commented the State could reach its 75% goal faster in this manner. Mr. Puz commented they conducted a pilot program in North Palm Beach to test if larger bins would collect more blue bin recyclables and in the one -year study, they collected 9% more recycling material, equating to 48 tons. There will be a 25- gallon round bin that would be forthcoming in Boynton Beach over the next few months. E. Announcement by Chief Jeffrey Katz on the Boynton Beach Police Department's Quarterly Town Hall Meeting. Jeff Katz, Police Chief, announced they will hold a Police Department Quarterly Town Hall meeting at 2020 S. Federal Highway on Thursday, January 21 at 7 p.m. in the clubhouse and he accepted the "Guns and Hoses" challenge. Chief Katz explained the modern view of authority has changed. He defined what the Police are and are not. When Police are called, things are going badly and they mitigate loss. If responding to an active shooter call, there is a 50% chance an officer will be shot or killed, but they respond to the person who needs help. 5 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 The Boynton Beach Police Department strives to provide effective, efficient and impartial service, be selfless stewards of the public trust, cultivate problem - solving partnerships, and be committed to civility, accountability, and pride. The Department has three Divisions: Uniformed Services, Support Services, and Administration. Each Division has its own independent budget which would help facilitate fiscal accountability. The Department uses a "Coaching Tree" approach. Each Division is headed by a Division Chief and at least one Captain. Division Commanders and Assistant Chiefs rotate every 12 to 18 months. Captains rotate annually and undergo training to be Police Accreditation Inspectors /Assessors, going throughout the State, reviewing different agencies to bring back best practices. Uniform Services has 105 members and a budget of $13.8 million encompassing patrol, traffic, marine, K -9 and special weapons and Tactical hostage negotiation team units. Support Services has 76 members and a budget of $8.4 million encompassing communications, detectives, evidence, crime scene investigations and the records units. Administrative Services encompasses code compliance, training, recruiting, media relations, internal affairs and accreditation. It has 30 members and a budget of $7.3 million. Calls for service in 2015 increased 10% to 63,221 calls. Chief Katz reviewed the citations issued and arrests made, alarm responses, traffic crashes, extra patrols conducted and code compliance investigations as contained in the meeting backup. Chief Katz pointed out 95.2% of arrests made involved no use of force. There is an increase in vehicle burglaries and Chief Katz cautioned residents to lock their cars. There is a decrease in residential burglaries, which may be due to the Smart Water Initiative, but there is an increase in business burglaries. Crime was up, but the trend can only be down for so long before there is a change. The mandate of the Police Department is to effect cultural change. It is a three to five year process that started July 2013, brought about by the Department's core values, mission and standards, personnel, and personal and supervisory accountability. They have yearly measurable goals with quarterly reports made. The Department reorganized to enhance interdependence and initiate employee and community engagement, innovation and adaptive change. The Police Department hires 1.2% of those who apply. The Department screens for college education, minority representation, prior police experience and veterans. Of the 27 people they hired over the last two years, 75% had a college education, five had high school diplomas, two had Associates Degrees, 18 had Bachelor's Degrees and two had doctoral degrees. Thirty percent of newly hired officers are racial or ethnic minorities, 26% were female; 26% were veterans; and two were Bronze Star Recipients. 6 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 The Quarterly Town Hall meeting locations are rotated. They have special initiatives and produced in -house videos for Citizen's Rights and Responsibilities through a donation from Hunters Run. Other special initiatives include the Citizens Police Academy, Another Illegal Gun Off the Streets program which eliminated 318 firearms from the community, the South Florida Police K -9 Competition and the Shop with a Cop program. The Police Department holds an annual toy drive and conducts customer service surveys. Chief Katz noted 60% of the survey respondents viewed the officers as caring and compassionate, and most respondents were concerned with property crime and aggressive driving. He advised the survey will drive their behavior, training and expectations of personnel. The Police Department participated in the CRA's MLK Corridor Cleanup, the Law Enforcement Torch Run, the BIG Charitable Golf Tournament and instituted a Neighborhood Officer Program which has two dedicated officers to build relationships with the community. Sergeant Henry Diehl and Officer Terrance Paramore were introduced. These officers would walk the neighborhood, ride bikes, use Segways and talk with the residents, learn of their concerns, collect information for the Department todetermine how to best serve the community. The Department is committed to fair and impartial police training to identify and overcome biases. The Architect's Counsel meets quarterly and has over 30 employee inspired projects and programs. Chief Katz highlighted projects undertaken by the Architect's Counsel as having a career track program, a homeless Smart Water CSI program expansion program coordinator. The Everyday Hero program highlights officers who go above and beyond to serve. Vice Mayor Casello noted a police officer found a woman and her children living in a car, and took it upon herself to get them situated with food, shelter and clothing. Chief Katz explained the Department provides personnel and financial support for various community organizations. Officer Worrell was the officer who assisted the woman. Sergeant De Los Rios and Officer Monty rescued a 57 year -old disabled man from a house fire. Officers Williams and Mederios saved a man's life by performing CPR. Officer Holloway and others from the Bravo 3/4 shift took up a collection to purchase a battery for a Texas couple that was stranded in a local parking lot. These were all things that go unnoticed by the public Mayor Taylor thought the report was outstanding and hoped it would be publicized or distributed because the Department was instituting programs and services that other departments were only thinking of doing. Mayor Taylor thought the Quarterly Town Hall meetings were a great way to receive citizen input and he endorsed the Citizen Police Academy program Commissioner McCray agreed. He appreciated the report and requested officers attend the City Commission meetings to know how government works. He noted Broward 7 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 County had a MLK Parade and there were over 120 ATVs and two - wheelers patrolling the street. One of the officers was injured and he cautioned the equipment can be dangerous. Commissioner Merker appreciated the report and suggested when employees go above and beyond, they should be recognized at a City Commission meeting. Vice Mayor Casello commended Chief Katz for turning a troubled Department around and praised his proactive approach. He had concerns about lawsuits they faced in the past and wanted discussion on how to reduce the numbers. He noted the situation involving the large block party, wanted to know how it would be addressed and why the Department shied away from it. If it came down to equipment or safety, the City Commission would support them. Commissioner Fitzpatrick had met Sergeant Diehl and thought he had a great temperarnent. He asked if he was a training officer and learned he was an accreditation manager and performed a lot of training in that function. Officer Paramore has been with the Department for many years and was a CRA Officer in Riviera Beach. He had experience with this type of program. Chief Katz thanked the City Commission and the City Manager for their support and recognized the support staff present at the meeting. On a different matter, Commissioner McCray thanked Colin Groff, Utilities Director, for addressing lead contamination in the water and advised he had running water at his house. (Commissioner Merker left the dais at 7:41 p.m.) 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Sherry Johnson, Executive Director of the Community Caring Center, requested the City Commission save the date for their March 5 Annual Hunger Walk. They added a 5K component last year, and added a Children's Fun Run this year. She commended the staff working with her. This was their largest event ever, and they will close off lanes on Federal Highway, use an AccuChip to monitor the race and qualify runners for future marathons. She expected about 300 participants. They were reaching out to local businesses and others so those who race or walk will linger for breakfast or lunch downtown. She encouraged the City to put teams together. 8 Meeting Minutes City Commission Boynton Beach, Florida Vice Mayor Casello praised the Community Caring Center for their efforts. The City would do all it could to support their cause. (Commissioner Merker returned to the dais at 7:45 p.m.) January 19, 2016 Ms. Johnson advised the proceeds would be used to support the Senior Hunger Program to deliver meals twice a week to shut in seniors. They also will support the Adult Nutrition and Gardening Education programs. Jean Ruzycki, SW 10 Avenue, commented her school of choice was Old Boynton High School as a wonderful, refurbished and repurposed building. She thought it was an anchor for modern architecture. If restored, the public will come and it was a part of Boynton's history that should be preserved. Suzanne Ross, Development Officer, Schoolhouse Children's Museum, reported December activities resulted in significant increases in membership and visitation, program revenue and group visitation. A variety of programs were well received with many newcomers. In the fall, the Museum started a program for homeschoolers. The success of the program resulted in another program for younger homeschooled children. One class is filled and has a wait list, and the other class is nearly full. The Museum offers Fabulous Fun Fridays, including activities such as Rubber Ducky Day, Do You Want to Build a Snowman ?, Jellybean Day, and Celebrate Dr. Seuss' Birthday. They will have a Valentine Day celebration, a visit from the spring bunny in March, and the Annual Princesses and Super Heroes Day in April. She invited all to the Museum. Vice Mayor Casello praised Ms. Ross for her efforts. Steve Grant, NE 3 Avenue, noted the Library has an adult reading program. If an adult reads 10 books, they will receive a bag. He noted the CRA Consent Agenda did not include the dollar amounts of the items. He hoped the City Commission could institute that provision on the CRA agenda. Mr. Grant wanted to see more recycling bins. He noted a woman picking up recycling off the street because there were no bins or trash receptacles on the street. Mr. Grant attended the Health Fair on January 9th He learned about the Boynton Beach Mental Health Committee and inquired if there was a City liaison to coordinate available mental health agencies. He looked forward to seeing the Commission at the Music on the Rocks and Movies on the Avenue. Commissioner McCray was aware of the woman picking up recycling and commented Mr. Grant should have told the Commission the woman advised the bins were not the issue. The issue was the public should be educated. Lillian Mayhew, SW 3rd Court, hoped the City could renovate the Old High School. Delray restored their Old School and she thought Boynton Beach could do the same. 9 Meeting Minutes City Commission Boynton Beach, Florida Karin Krause, 122 SW 13 th Avenue, agreed with the prior comments about the Old High School. She thought it would be a tragedy to tear it down when it could have many other uses. All will be willing to help, and she looked forward for a new Commission voting on the matter. She believes in the spirit of rotation and would like to see new faces on the dais. No one else coming forward, Mayor Taylor closed the public hearing. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu NN Library Bd.: 1 Alt Planning and Development Bd.: 1 Alt Senior Advisory Board: 2 Regs and 2 Alts Veterans Advisory Commission: 2 Alts Motion January 19, 2016 Commissioner Fitzpatrick moved to appoint Paul Bortz as a regular to the Building Board of Adjustments and Appeals. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray appointed Osvaldo Leal as an alternate member on the Planning and Development Board. Mr. Merker seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with 10 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R16 -009 - Authorize the City Manager to sign a Construction Agreement between the Florida Department of Transportation and City of Boynton Beach for the purpose of constructing certain right of way improvements along South Federal Highway as part of the 500 Ocean project. B. PROPOSED RESOLUTION NO. R16 -010 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Edin and Elizabeth Mehanovic for the property at 820 Bamboo Lane, Delray Beach, FL. C. PROPOSED RESOLUTION NO. R16 -011 - Approve and adopt the Recreation & Parks Department 2015 - 2020 System Master Plan. D. PROPOSED RESOLUTION NO. R16 -012 - Authorize the City Manager to sign a Five -Year Lease Agreement and Customer Agreement with Canon Solutions America, Inc. for a Canon /Oce ColorWave 500 Wide Format Printer /Scanner and maintenance for the Development Department for an annual lease payment of $5,676. E. PROPOSED RESOLUTION NO. R16 -013 - Approve resolution supporting improvements to the Chain of Lakes, the Ocean to Lake Trails Initiative and Development of a Boat Lift at the C51 Canal S155 Control Structure. James Anaston - Karas, Keith and Schnars, was proud to be part of the project team. He noted the City embraced Greenways, Trails and Blueways. This item would improve this type of amenity in Palm Beach County and the consortium working on the effort requested the City endorse the Resolution. A short video was viewed discussing the Chain of Lakes, which included Lake Ida, Lake Eden, Lake Osborne, Lake Clark and Pine Lake that are connected through waterways and canals that make up 26 miles of natural habitat areas. Local residents with access can take advantage of the lakes, but the Chain of Lakes is landlocked and cannot be accessed from the Lake Worth Lagoon and the Intracoastal Waterway. Residents and marine enthusiasts were teaming up to create a new link making it more accessible. They proposed to create a new Blueway trail as part of Palm Beach County's and Florida's Greenway and Blueway Trail system to encourage eco- tourism. The consortium proposed to install a two -way boat lift and portage for small boats and non - motorized watercraft. Linking waterways would add to local economies, creating new business opportunities and jobs. Mr. Karas invited all to visit their website at www.bluewaytrail.com. 11 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 Vice Mayor Casello asked what the largest sized boat was that could use the lift and learned the boat could be up to 3.5 tons dry weight and up to 25 -feet long. There was no cost to the City. The project was being worked on by a consortium of three cities and was embraced by the League of Cities. The operating cost would be covered by a lift fee, similar to a launch fee, which would be determined at a later date and capital costs should be covered by State and Federal funding. Motion A motion was made to approve Resolution R16 -013. Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick asked how much of a lift differential there was in feet between the Intracoastal and the canals. Mr. Karas responded, depending on the tides and level of water in a water control area, it would be 12 to 15 feet. Commissioner Fitzpatrick inquired if there was any consideration given to sea level rise and learned there was some discussion, but the part under discussion was well above sea level. Vote The motion unanimously passed. F. Approve addition of the following job classification in the City's Pay Plan: Summer Day Camp Counselor II. G. Approve the reclassification of the Grants Coordinator job classification to Grants and ADA Coordinator in the City's Pay Plan. H. Approve utilizing the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chief's Association bid, bid #15 -13 -0904, Specification #37 & #45 with Kelly Tractor Co. for the purchase of a Caterpillar Mini Hydraulic Excavator for $45,350 and a Caterpillar Vibratory Asphalt Compactor for $37,988. Approve utilizing the General Services Administration (GSA) Contract #GS- 07F -0396M pricing for contractual fire alarm /sprinkler monitoring, inspections and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $90,000 (expires 06/30/17). J. Approve awarding the Bid for a "Bauer (or equal) Air Compressor for Fire Station 2 ", Bid No. 011- 2210- 16 /JMA, to Compressed Air Supplies and Equipment of Dania, FL in the amount of $55,022.50. K. Approve the minutes from the Regular City Commission meeting held on January 5, 2016. 12 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 L. Accept the written report to the Commission for purchases over $10,000 for the month of December 2015. M. Proposed Resolution No. R16 - 016 - Authorizing the Mayor to sign a Special Warranty Deed and any and all other transaction documents necessary to effectuate the sale of said property to the purchaser in the Boynton Village Park Conveyance. (This item was added to the agenda.) 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16 -014 - Authorizing the City Manager to sign a professional agreement with Carollo Engineers, Inc. of Lake Worth, FL for the sum of $995,000 and a contingency of $99,500 (10 %) for a total estimated cost of $1,094,500 as a result of RFQ NO: 075 - 2821- 15 /KTR "Utilities Management Optimization Plan Consulting Services ". Colin Groff, Director of Utilities, explained every five to seven years, most Utilities Departments have to update their maps, capital improvement and master plans, and hydraulic models. This item would update those plans, so an update would not have to be done for the next 50 years. Staff took seven projects that were budgeted for the last three or four years that had not started, combined them and would create a single management model using all of the maps, hydraulic models, asset management, and development components. It would optimize all of these factors to develop the best project for the money. The Capital Improvement Plan would generate the rates and a rate study would be provided after the conclusion of the project. Mr. Groff advised if they do not keep all of the data, systems and maps current, there are problems in the field which cost a lot of money. It also helps to account where funds are being spent, and where issues are. Vice Mayor Casello asked if Mr. Groff had used the service before and learned he had. Staff reviewed several responses and Carollo Engineers best understood what staff were trying to do. Using this service put the City in the top 3% to 5% of Utilities systems doing this type of work. Motion Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 13 Meeting Minutes City Commission Boynton Beach, Florida 9. PUBLIC HEARING January 19, 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. Mayor Taylor presented Proposed Resolution No. R16 -007. Motion Vice Mayor Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Commission discussion regarding beach re- nourishment Vice Mayor Casello had requested this item be placed on the agenda and asked what the procedure was to re- nourish the beaches and the cost and timetable to do so. Jeff Livergood, Director of Public Works and Engineering, recalled two re- nourishment projects that were conducted at Oceanfront Park. He advised all of the projects are performed by agencies much larger than the City, using County and State resources. The last project called for 2,000 linear feet of beach which cost $5 million to $6 million. He noted there are times during the year the weather destroyed the beach, and other times when Mother Nature restored the beach. When the beaches are not restored through natural processes, they consider beach re- nourishment. Assistance could be requested through the County and State and re- nourishment is better if done on a larger scale and through government agencies because the City did not have the resources to undertake such a project. 14 Meeting Minutes City Commission Boynton Beach, Florida 13. LEGAL A. PROPOSED RESOLUTION NO. R16 -015 - Approve and authorize signing of an Agreement modifying the charges imposed from the Chapter 26, Utility Rate Ordinance with Gulfstream Shores Condominium Association. Motion Commissioner Fitzpatrick moved to approve Resolution R16 -015. Commissioner McCray seconded the motion. Vice Mayor Casello asked if it would be easier to install a meter. Mr. Groff responded a meter cost up to $40,000. He reminded the Commission the sewer rate has a cap of 7,000 gallons a month. Staff reviewed their records for the last five years. This condominium is a small development that has mostly seasonal residents and their average was 4,000 gallons per month. Staff would review the usage every three years to see if it increased. Vote The motion unanimously passed. 15 January 19, 2016 B. PROPOSED ORDINANCE NO. 16 -001 - Request revision to existing Ord 14 -017 to coincide with changes made under FSS 316.1951 to increase citation penalty for curbstoning violation from $100 to $500 per event. Mayor Taylor presented the item. Attorney Cherof read Proposed Ordinance 16 -001, by title only. Motion Vice Mayor Casello moved to approve. Commissioner Merker seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 16 -002 - FIRST READING - Exempting gated private residential communities from public art fee. Mayor Taylor presented the Item. Attorney Cherof read Proposed Ordinance 16 -002, by title only. Steven Grant attended an Arts Commission meeting last week and commended the members. He thought the gated community was not being a good neighbor to Boynton Meeting Minutes City Commission Boynton Beach, Florida 16 January 19, 2016 Beach by trying to be exempt for a remodel costing more than $250,000. He also thought that any Mayor or Commissioner living in a gated community had to contemplate their ethical duties as they may be indirectly benefiting by changing the Ordinance. He questioned whether they could be unbiased. Lori LaVerriere, City Manager, explained staff was asked to review the financial impact of exempting gated communities from the Art Ordinance and learned it would cost about $671,000 to refund all of the residential communities since 2005. Staff proposed an alternative Ordinance that would exempt residential communities that were in existence prior to the adoption of the Art Ordinance, which would have a lesser impact. Staff did not recommend the exemption apply to new development. Hunters Run would be the only exemption and their refund would be $28,000. Artist Dana Donaty commended the Arts Commission on having a public art program and commented Boynton Beach is recognized throughout the nation as having a successful program. The Ordinance was created through best practices and customized to the City's growth and economic development. Many other public art programs learn from the City's program. Any changes would minimize the program's success. Public Art enhances communities and connects the residents to it. She requested the Ordinance remain. Barry Bernstein, 42 Lake Eden Drive, agreed changes would impact the program. When he travels to different cities, he looks at art programs and as a business owner, it helps him decide where he wants to locate his businesses. Art signifies residents like their community. He did not favor anything that would be detrimental to the program. Sara Younger, SW 2 Avenue, was the recipient of the first People's Choice Award, through the City's Public Art Program. She advised many businesses and educational facilities are involved with the program that teaches Science, Technology, Education, Art and Math to students. She would be disappointed to see these types of projects jeopardized. She was encouraged the Ordinance minimized the impact on the program, but questioned why they would do so, if they were seeking to use funds in a way to serve the broader community. Deborah Bottorff, Chair of the Arts Commission, commented several groups developed a Brand Promise which communicated the assets and goals of the City. The Brand Promise indicates Boynton Beach is a creative haven involving artists, writers, entrepreneurs and dreamers. A lot of work went into the Brand Promise and Art in Public Places embodies those ideals. She requested the program remain intact. New developments complied and embraced the program, which makes the City and its communities more desirable. She wanted the City to ensure its cultural growth continued. Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 Kim Weiss, Arts Commission member, explained when she thinks of Boynton Beach she thinks of the Avenue of the Arts, the Kinetic Art Symposium and how the program puts the City on the map in the international art world. Art attracts the artistic and art appreciators that usually have above average incomes. Art helps local economies thrive. Ms. Weiss thought if residents living in above average income communities were educated properly about art in public places, they would be happy to be included with the existing Ordinance. Private communities are still part of the City and the City Commission should do everything possible to eliminate anything that hints of exclusivity on either side of the gate. She requested the City Commission reconsider the amendment and work together to serve the entire community, beautify the City and educate citizens about art. Alan Hendricks, 122 SE 4 Avenue, appreciated the City trying to minimize Ordinance's impact. He has worked in every city in the area and commented Boynton Beach is developer friendly. He requested the Ordinance remain unchanged and pointed out his client used 70% of the fee to beautify art in his building. Developers will always challenge the system to save money and he contended they are sending a message the City will change the Ordinance to meet the demands of a few. Judy Lyman, 2 Villa Lane, Hunters Run, explained the Ordinance did not apply to Hunters Run which was built in 1979 and they are the largest community to donate to Boynton Beach. They were not trying to withhold funds from the City and wanted to help, but felt they were being penalized after the community was constructed. She asked the City Commission to refund the money held in escrow. Harry Woodworth, 685 NE 15 Place, commented Boynton Beach has not kept up with other communities, but the Art Program was done right. When it was passed, there was much discussion about remodeling. He thought the Ordinance should remain and questioned amending the Ordinance to accommodate one community and questioned amending the Ordinance retroactively for one community during election season. He agreed Hunters Run was a great place, but it was still part of Boynton Beach and asserted exclusivity must stop. The development was in place when the Ordinance was enacted and the 1% fee was minimal. Sarah Offutt, owner of Art Obsession, and Arts Commission member, commented the amendment was not only about art being available to the public and visitors within the City, but also about the City's and community's efforts to build a stronger bond and create a better place. Public Art expresses pride and unites the community; it stirs interest and builds conversations. The issue is about creating a beautiful place together and participating as a community in all they do. Amanda Johnson, 412 E. Ocean Avenue, business owner, came from Delray. She opened a gallery and chose the location because it was on the Avenue of the Arts and 17 Meeting Minutes City Commission Boynton Beach, Florida January 19, 2016 because of the City's support of the Arts. People come in daily and tell her how much they love the sculptures and the art. She supported Art in Public Places. Rick Beau -Lieu, owner of Neighborhood Gallery, advised they spent hundreds of hours putting the Arts Commission together and creating the guidelines and recommendations. The program is the envy of other cities, and other cities have contacted him to borrow the guidelines to establish Art Commissions elsewhere. He was present to show his support and requested leaving the 1% in place. He hoped the City Commission would do the right thing for Boynton Beach and the people who visit and enjoy art. James KniII, 412 E. Ocean Avenue, has worked in fine art for over 20 years and he supports the Boynton Beach Public Art. The City has the potential to grow as an affluent art hub and he requested keeping the 1% fee. in place. He advised Winwood, Miami was a slum until art turned it into a multi - million dollar art hub. They have art fairs that generate a lot of money. He advised Boynton Beach was on the precipice of becoming such an area. He did not think moving backwards would be beneficial. David Katz, 67 Midwood Lane, inquired if the amendment would include Leisureville, the Meadows and Boynton Lakes and learned it would. He commented the amendment would not end the program or eliminate the 1% fee. It would only refund the money. He noted sometimes when Ordinances are passed, there are mistakes and Hunters Run pointed out the mistake. The amendment only corrects that mistake. Barbara Ready, 329 SW 13 Avenue, pointed out public art in gated communities is still public art. It is viewed by the public that resides there and the public that visits. She questioned why the City Commission was carving a niche for a certain community that is known to be a voting block during an election season. She requested the Ordinance not be amended. The funds in escrow should be used for Art in Public Places and she requested the City Commission reconsider the amendment. No one else coming forward, Mayor Taylor closed public comment. Mayor Taylor clarified the 1% public art fee will remain. When the Ordinance was enacted, it discussed new construction. He noted there is over $300 million in new construction coming into the City and more would come. The amendment would cover all communities in the City of Boynton Beach. He did not think Leisureville or another community should pay the fee if they put a roof on their clubhouse. The amendment only pertains to older communities. He favored public art and pointed out the community has donated to the City every year for years. Commissioner McCray announced he received several emails earlier in the day. When the Ordinance was enacted, it specified new construction. He favored the arts program and the amendment because it would not hurt the program. 18 Meeting Minutes City Commission Boynton Beach, Florida Commissioner Fitzpatrick questioned section 2(b)(4) regarding single - family, infill housing, and learned if a gated community demolished a home, they would be exempt. Normally renovations over $250,000 required the art fee. Ms. LaVerriere reiterated older communities wanting to renovate or repair were exempted. Vice Mayor Casello asked how many communities remodeled before Hunters Run. Ms. LaVerriere advised the only community that renovated since 2005 was Hunters Run. Attorney Cherof pointed out there were two versions of the Ordinance. The one he read and one in the staff report which was an alternate version in the title and the language deletes the reference to gated- community so it applies to all communities. The motion should apply to the Ordinance in the staff backup. Motion Commissioner McCray so moved for all communities. Vice Mayor Casello seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 5 -0. January 19, 2016 D. PROPOSED ORDINANCE NO. 16 -003 - FIRST READING - Amending the Land Development Regulations, Chapter 4, Article IV, Section 4, Subsection B10 to allow feather banners on a permanent basis. Attorney Cherof read Proposed Ordinance No. 16 -003 on first reading. Mayor Taylor opened the floor for public comment. No one came forward. Motion Vice Mayor Casello so moved. Commissioner McCray seconded the motion. Vice Mayor Casello asked if the Ordinance would extend feather banners for another year and learned it readopts the Ordinance without a sunset date. Vote Interim City Clerk Pyle called the roll. The vote was 5 -0 14. FUTURE AGENDA ITEMS A. Code Compliance Initiative - North Federal Highway - March 2016. 19 Meeting Minutes City Commission Boynton Beach, Florida B. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April 2016 C. Hear presentation from Rick Gonzalez, REG Architects on Old High School restoration project- February 2, 2016. 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 8:53 p.m. ATTEST ith A. Pyle, CM ith A. Pyle, CM Interim City Clerk I Catherine Cherry Minutes Specialist 20 CITY OF BOYNTON BEACH January 19, 2016 Michael M. FitzpatricCommissioner • 1/19/2016 ( ' .. ... 1 ,1_ - Commission Briefing , ted 4 i 4 - 4' - 9, 2011 A CFA Accredited Police Department www.bbpd.org ° @bbpd ..." @bbpdchiefkatz ...... 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'Li 'e•.:...... Civility Accountability 0 Pride • ; .; ;I f ,. ' Organizational Overview • Structure: Three Divisions — Uniform Services — Support Services — Administrative Services • Each Division Maintains Independent Budgets — Promotes Fiscal Accountability l • Personnel Development — "Coaching Tree" Approach — Rotation of Division Commanders (12 -18 mo) promotes interdependent coordination of resources — Captains rotate positions annually fosters well- rounded understanding of operations - , .c, . ; ! . , 7 1 CFA Civility Accountability , , -' Pride 3 1/19/2016 1 �� � Or Overview Uniform Services, A/C Suzanne Crawford • Example Units: — Patrol - — Traffic = . • 1 — Marine �� � .,01 — K -9 • .�`i — SWAT /HNT : • 105 members • $13.8M annual bud_et Civility Accmmtahility Pride V I i; Organizational Overview Support Services, A/C Kelly Harris A. • Example Units: — Communications — Detective Bureau `f ., " • — Evidence _ — Crime Scene -.E.i« - - Records . . • 76 members 4PihilF Civility Accmmtahility Pride 4 1/19/2016 :► " 1 Or ganizational Overview Administrative Services, A/C Vanessa Snow > • Example Units: — Code Compliance — Training — Recruiting . . n — Media Relations Il*_ — Internal Affairs — Accreditation • 30 members - ' 4 11111i • $7.3M annual bud - P Civility Accountability 0 Pride (� ;.,; BBPD By the Numbers 2015 1 • Calls for Service: 63,221(15) 10 % tfrom 14 • Citations Issued: 5,796 • Arrests Made: 2,39 r 11 - 95.2% of arrests involve no use of force Alarm Responses: 4,320 Traffic Crashes investigated: 3,029 — Traffic Fatalities: Extra Patrols Conducted: 8,255 .998 (,,h, a•amntahilitc I tidr 5 1/19/2016 ..,, .. „..,,...-4„......„ ,..‘...„,,,,,, Crime Trends 2011 2014 • 2015 :- Assaults i s Against Officers 2013-35 2014 -48 •• 2015 -43 " 1/4 / .� • s e'er e .rP 3 p 4, " � P + S" 4• , P O P �`" P J P" (i ilit :acconnt.,hilit, Pride ,�., ; Our Mandate • What we've set out to accomplish: - Cultural Change - (3 - 5 year process, beginning July 2013) Facilitated through: - Emphasis on core values, mission, & standards - Personnel selection & development - Personal and supervisory accountability - Creation of yearly measurable goals, with quarterly • reporting - Structural reorganization emphasizing interdependence - Employee and community engagement - Innovation - Adaptive change (learning to confront & disapp • • Civility Accountability Pride 6 • 1/19/2016 Personnel Selection • We hire 1.2% of those who apply (2,159/261 • "First -round draft choices" only • Initial screening of objective criteria — College Education — Minority Representation — Prior Police Ex erienc i `h I' — Veterans - Civility Accountability Pn■le Personnel Selection • College Education (27 hires) — Over 75% of new hires have a college education • 5 High School Diplomas • 2 Associates Degrees • 18 Bachelors Degrees • 2 Doctoral Degrees • Two primary advantages: — Increased critical thinking competencies ('mlity Accountability Pride 7 1/19/2016 i Personnel Selection • Minority Representation — 30% of new hired officers are racial or ethnic minorities — 26% of new hires are females • Veteran Status — 26% are veterans • Two of these officers are bronze star recipients! — Officer Ramiro Alegria — Officer Civilih Accountability i ^i Pride Special Initiatives • Quarterly Town Hall Meetings — Rotate locations & times — Forum for residents to share their feedback — Provide input to the community i f t xas I. limr4111 CiVIltV Accountability Pride 8 1/19/2016 Special Initiatives • Citizen's Rights & Responsibilities Video — Produced with all internal talent — Responding to the needs of our community — View 158,000 times throughout the world Civility Accountabilil ■ Pride • A ♦ 1`I Special Initiatives • Recruiting Video / Literature — Produced with all "in- house" talent — Through the generosity of the residents of Hunter's Run TRAINING PROCESS WE ARE MINIMUM APLICATION BENEFITS jilt QUALIFICATION P PROCESS SPECIALTY UNITS N. o �p PREFERRED .oi ?„ x - - 2 L , Y auAIIFICAT ONS /� o .11) ..� rte..• K. 'L•"'�l 3� m 1.�. _. .. HEROES START NERE - odk - ' - y < iv Accountabilit■ P 9 • 1/19/2016 :� ► ~ 4 i lInitiatives Spec a • Citizen's Police Academy — Over 70 participants _ _ 404 — 12 weeks — Example topics include: • K -9 • Crime Prevention �. • Officer Survival • Internal Affairs '' to— Civility Accoumtability Q, Pride • Special initiatives • Another Illegal Gun Off of the Street — Number of firearms encountered 2013 -2015: 318 - Number of people shot by BBPD personne • i< << t .rt E et ONE LESS ILLEGAL CUT ON THE STREETS 0 al opptlpebv �`' Civility Accrnmtability Pr 10 1/19/2016 1 1 1 ( . -4 .- - ii: ;. Special Initiatives • South Florida Police K -9 Competition — Feb. 27 from 2 p.m. — 8 p.m. at BBHS — # attendees, # vendors, # participants -- r .. 511[7 SOU1 FLORIDA TACTICAL RES f H POLICE K9 COMPETITION i e. �. . = ,..., , ! . --- , „..... !;i; l , t• .'i �{ . L` i . . ' 4a, ... Civility Accountability P11.1 .4 . , „1 ' Special Initiatives • Shop with a Cop # _. ' , = ; ii ~ '. — 49 children participate .1 _ • i' ' — $4,050 donated to local ' i • ` t' ' . families a y ' _ ,4 ” .,. _ r -00-4 . kh 4 r �• g . , i s 4 C +,` Civility Accountability I'ri,l, 11 1/19/2016 f.W 4' Special Initiatives • Annual Toy Drive - _ — $2,718 Raised j , . _ ti. — Over 5,000 toys were . provided to more than 200 .- °t '� '` local children in partnership with the • w Children's Healing ao , =,_., ; _,, Institute and M &M l y � • t �, ' + - v. n Civility Accamtability Q Pride T •i . • • • s � :„� 'f " ".: Special Initiatives • Customer Service Surveys — New program initiated last month (N =32) — 80% customer satisfaction rating with communications experience — 75% were pleased with interaction with officers relating to officer appearance and competency — 60% viewed the officers as caring & compassiona ; — Most people concerned about aro sell crime & y ' a;�Qressive drivint tici!itr Aecomit bilite Pride 12 • 1/19/2016 r ;1 74 '16,N) U Special Initiatives • BBPD / CRA's MLK Corridor Cleanup tttx.,tt.,,, 0 _ , 1, '} } II T I t ^! .. 1 e j , 1- ,. . { 'r' ''''F';'. . ' 'Z rr . oil - *ll .-'',.'e',..,: l ',6;: p y 44410t-a � *,,,S,l . /., - ti .. .'� 4 ,..t's' 44„ +' ` � , y , ,» G2„�,. ' ' '.°a .' ti (■e. -4 t kiiy !- IN 110 A ccountabili r. u•i � s - Special Initiatives �... • Law Enforcement Torch Run — Each year we run in support of youth i n the community with special y s p needs • x, P liiiii6P'' F71 I! / Mt ORt g , I Civility Accountability {., Pride 13 ' 1/19/2016 Special Initiatives \-..*:•,,- • BIG Charitable Golf Tournament — 2"( place at 14 under par... so, there's that... 8 I "" t ferwL ki„ • . 56 i I'llAli L.urs5repums bovillfil :7-.7 64 Kim upw . km , p . . . - -. - '- •- .-. i .•1• 1........ 41 ''' 4 r ( n ality Accountability Q nide . . Special Initiatives ....,....,......_........,,..,„. • Neighborhood Officer Program — Personnel have been selected: Sgt Henry Diehl .., • Ofc. Terrance Parairiefe' Primarily relationship building function m , daptive leadership model ,,-- — Organizing stakeholders ..,. . — Aiding in the formulation of measurable goa — Serving as a resource Civility Accountability ', ' Pride 1 Li 1/19/2016 ' Special Initiatives • Fair & Impartial Policing Training — Focused on understanding and overcoming implicit biases by all f I • community stakeholders — Scheduled for February 11, 2016 i - Entire department will participate in 21 ( i 110 Accountability Q Pride :,,,,,�,, Special Initiatives • Architect's Counsel — Meets quarterly — Over 30 Employee inspired projects and programs designed to: • Tap into the creative talents of our personnel • Stoke their passions • Improve the quality of our service to the p 6'' BOYNTON BEACH POLICE DEPARTMENT'S .CHs ((n)) COUNSEL Civility Accountability Pride 15 1/19/2016 1 ~ to Special Initiatives • Architect's Counsel — Example Projects — Supervisory Field Training Program — Career Track Program — Minority Recruiting Program — Homeless Program Coordinator — Sober Home Coordinator — Sexual Offender / Predator Intelligence Coordinator — Voluntary Fitness and Wellness Coordinator — Building Resource Officer — Predictive Policing Program Coordinator — SmartWaterCSl Program Expansion Civility Accountability Pride Special Initiatives L -241 • Everyday Hero Program — Adopted by several departments throughout the State — Highlighted the actions of officers who have gone above and beyond to serve — acts rarely covered by the media — Examples include: • Ofc. Worrell, who paid for a hotel room for a homeless woman and her three children last month • Sgt. De I_os Rios and Officer Monteith, who rescued a disabled 57- year -old man from a house fire l icilih Accountability Pride 16 1/19/2016 Special Initiatives • Personnel & Financial Support For: — East Boynton Wildcats — Pathways to Prosperity — Boy Scouts of America — Children's Healing Institute — Reading Oasis at Crosspointe Elementary — Boynton Beach G.D.B.C. — Boynton Beach M.L.K. Committee o Accountability Pride (7 2016 Initiatives • Early Warning System • Adopt a Cop Program " P.L.A.Y." Program • J.A.M. Program • Career Track Program • Quartermaster Syst t: ( I'tllh' Accountability i Pride 1 7