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Minutes 04-05-16PRESENT ABSENT: MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON WEDNESDAY, APRIL 5, 2016, AT 5:00 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor Mack McCray, Commissioner Justin Katz, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Christina L. Romelus, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation by Rabbi Michael Simon of Temple Beth Kodesh Rabbi Michael Simon gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Romelus Mayor Taylor led the Pledge of Allegiance to the Flag in the absence of Commissioner Romelus. Interim City Clerk Pyle called the roll. A quorum was present. Mayor Taylor announced the following: CLOSED DOOR SESSION to be held on April 5, 2016, at the close of the regular City Commission meeting, for private attorney - client sessions to discuss pending litigation in the following cases: 1) Boynton Old School Partnership, LLC., Plaintiff vs. City of Boynton Beach, Defendant - Case No. 502013CA011391XXXXMB AH Meeting Minutes Regular City Commission Boynton Beach, Florida 2) GLADYS CANNON, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — In the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50 -2008- CA- 003012 Division: AB 3) Cynthia L. Fitting and Joseph M. Fitting, her husband, Plaintiffs vs. City of Boynton Beach and Charles Turco, Defendants - Palm Beach County Circuit Court Case No. 50 2015 CA 003332 XXXX MB AF Presentation of Plaque to Michael Fitzpatrick April 5, 2016 Vice Mayor Casello presented former Commissioner Michael Fitzpatrick with a plaque in appreciation for his service as District III Commissioner and commented he has a bond as they were both firefighters. They did not always agree, but his heart was always for the City. He advised Mr. Fitzpatrick fought hard for his beliefs which earned him respect. He presented the plaque and thanked him for his service. Mr. Fitzpatrick commented his term was an interesting three years because there were issues and things were tense. There were many policies he disagreed with and he did not agree with the direction the City in 20 years. He commented the unfunded pension liability is turning the City into a zombie city, phrased similar to a zombie bank which is when the bank was open, but the customers would soon fail. Confronting the problem caused him to lose friendships with firefighters he had worked with. He thought the City was heading for a financial cliff and the firefighters and the police refused to accept the situation. The firefighters formed a relationship with the Haitian community in District III. Since he was elected, he did what he could for the Haitian community. He joined the Sister Cities Board, went to Haiti, spent a lot of time researching and writing a report on how to develop a Fire Department in Les Cayes and even donated money to dig wells in Haiti. He thought ethnicity trumped all and the firefighters and Haitian community own the unfunded pension liability. He is concerned his defeat would freeze the current Commission into passivity and nothing would be done to fix the pension issue. After the election, Mr. Fitzpatrick realized if Mayor Taylor was re- elected, everything he cared for in Boynton Beach would be bulldozed. He respects Mayor Taylor, but believed the City was led in the wrong direction. He spoke to his re- election team and they backed Steven Grant as did former Commissioner Merker's supporters. Mr. Fitzpatrick explained he likes being a campaign manager better than a politician, but he may return to politics in the future. Mr. Fitzpatrick planned to fix up old homes, stay involved with the Old High School and sober homes, and saving Kids Kingdom. He will be involved with County and presidential elections and learned a lot of techniques from the run -off. He may build houses again because he was unsure he could count on his pension till the day he dies. He expressed his thanks for those who supported him and encouraged all to stay involved. 2 Meeting Minutes Regular City Commission Boynton Beach, Florida Presentation of Plaque to Jerry Taylor April 5, 2016 Vice Mayor Casello presented a plaque to Mayor Taylor and announced Mayor Taylor began his first term on the City Commission on March 19, 1995, and was re- elected in March 1997. Due to term limitations, he could not run in the March 1999 election, but was elected in November 2003 and 2006. He was appointed to a District I vacancy in December 2012, and elected in March 2013. He was a public servant and he led by vision, inspiration and principles, giving Boynton Beach a bright and prosperous future. Due to his hard work and initiatives, he leaves the dais as a legacy. He acted with dignity and had class in all he did. He kept the heart of Boynton in his heart and in all the decisions he made. Mayor Taylor thanked God for his health, and his wife Delores and daughter Jeannie for their advice and love over the years, the residents who supported him in the primary and run off and the Fire Department and Police Department for their support. He thanked City Manager Lori LaVerriere for the professionalism and hard work she puts in each day and City Attorney Jim Cherof for his sound advice. He thanked the Department heads and staff, and announced the City is blessed for the workforce they have. Nothing in the City could be accomplished without City employees. He thanked the CRA Executive Director, Vivian Brooks and her staff for the tremendous accomplishments they made in the CRA District. Mayor Taylor explained he was excited about the coming year. He thanked Vice Mayor Casello and his fellow Commissioners for their hard work and accomplishments in the City. Projects in progress were joining the two water plants together by the end of the year, ensuring the City's water needs through 2050. The CRA and the City created housing, the Model Block, and Neighborhood Officer Program with a police substation in the Heart of Boynton and there is more to come. Construction was already occurring to revitalize the area and create a vibrant downtown. More construction plans were already proceeding through Planning and Zoning, which will be very active in the next two years. The Town Square project consists of 16 acres and the building blocks and planning are in process. Town Square will include a new City Hall and new police station. He was excited to see the plans come to fruition. He congratulated the new representatives on the Commission and wished them the best for their future endeavors. Mayor Taylor commented he has been fortunate to serve his country for 26 years in the Air Force and the County for 14 years. He served the City for 13 years as the Mayor, giving 53 years of total civil service and he was glad to have done so. Next week, he planned to watch the Masters Golf Tournament. He does not know what is in store for him, but he will be ready for it and he asked God's blessings on everyone. 3 Meeting Minutes Regular City Commission Boynton Beach, Florida Swearing in of Mayor -Elect Steven B. Grant Steven B. Grant was administered the Oath of Office by Interim City Clerk Pyle. April 5, 2016 Mayor Grant thanked all who supported him, his family, friends, clients and others along the way. He expressed the City wants new changes and fresh faces. Mayor Taylor left a legacy and they will build on it to make a better Boynton Beach. He advised it just hit him that he is now the Mayor. Selection of Vice Mayor Vice Mayor Casello nominated Commissioner McCray for Vice Mayor. Commissioner Katz seconded the nomination. There were no other nominations. The vote was unanimous. Swearing in of Vice Mayor Commissioner McCray was administered the Oath of Office by Interim City Clerk Pyle. Vice Mayor McCray commented to the elected officials in Boynton Beach he was honored and respected their support and thanked them for the nomination. He will do his best for the City. He had previously been the Vice Mayor, but there are new changes, ideas and employees, and he works with the Mayor and Commissioners. He commented whatever is said or done in Boynton Beach, they should move forward. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Swearing in of Commissioner Christina L. Romelus Lori LaVerriere, City Manager, explained Christina Romelus, the newly elected representative for District III, was pregnant and expecting a child at any moment. She 4 Meeting Minutes Regular City Commission Boynton Beach, Florida Vice Mayor McCray attended the Employees Health Fair and commended staff on an excellent job. He advised he was still attending the Senior Center five days a week. had been previously been sworn in at the City Clerk's Office. Commissioner Romelus was officially in office as of the meeting. Mayor Grant announced there was a new fire chief which would be heard as Item 3.D. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello had no informational items. April 5, 2016 Commissioner Katz attended the community forum at Sterling Village for the redevelopment of Riverwalk on the corner of Federal Highway and Woolbright Road and he met with Isram Realty and the developers. Mayor Grant attended the meeting at Sterling Village and met with Isram Realty. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation by new Executive Director for Palm Beach County Commission on Ethics (COE), Mark E. Bannon Mark Bannon, the new Executive Director, Palm Beach County Commission on Ethics (COE) was present with Anthony Bennet, Chief Investigator. Messrs. Bannon and Bennet have worked together for three years and Mr. Bannon worked for the (COE) since it was created five years ago working in different capacities. Mr. Bannon explained the purpose of the presentation was to put faces to the names on the COE. Often the COE is confused with the Inspector General's Office which is a separate, independent agency apart from the COE. The COE is often thought of as the ethics police, but they do other things beside investigate ethics violations, such as outreach. They provide training by video, online or in person. The COE discovered that since the creation of the COE, more than 90% of the violations that are sustained were not based on people trying to get around the rules, it was they do not understand the rules. He wanted to meet all of the Commissioners and offered if they needed anything such as extra training, even at an odd hour, they will set their schedule as needed. Mr. Bannon also explained the website contains just under 400 advisory opinions on many subjects. He thought there was a good chance if there is a question whether an ethics rule applied, they can find answers there. The COE has a staff of five and he offered to help research ethics questions. They can also give advice regarding whether 5 Meeting Minutes Regular City Commission Boynton Beach, Florida April 5, 2016 a Florida Ethics Opinion exists on a matter. He noted the COE is paid by ad valorem taxes and they should use the service available to them. B. Proclaim April 10 -16, 2016, as "National Library Week." Craig Clark, Library Director will accept the proclamation. Mayor Grant read the proclamation proclaiming National Library Week. Ann Watts, Assistant Library Director, was present to accept the proclamation. C. Proclaim Wednesday, April 6, 2016 as "Arbor Day ", Glenda Hall will be accepting the Proclamation. Mayor Grant read the proclamation proclaiming Arbor Day. Glenda Hall, Forestry and Grounds Manager, was present to accept the proclamation. It was noted a special presentation would be made on April 6, 2016, at Jaycee Park at 9:45 a.m. D. New Fire Chief Ms. LaVerriere explained former Fire Chief Ray Carter retired in January and the City has been conducting a search to replace him. Ms. LaVerriere announced Mr. Glenn Joseph was selected as Fire Chief Mr. Joseph served the City of Boca Raton for 29 years in fire service and is currently the Deputy Fire Chief. He has a Master's Degree in Emergency Management and Administration, a Bachelor's Degree in Organizational Management, was a registered nurse, and a trauma nurse in Delray Medical Center for years. He is and has been an instructor with the National Fire Academy since 1994 and he teaches chemistry as it pertains to HAZMAT. Ms. LaVerriere explained Mr. Joseph will start on May 2 and he rose to the top of a competitive candidate pool. There were very tough choices. She, former Fire Chief Carter and Human Resource and Risk Management Director Julie Oldbury selected Mr. Joseph as a panel. She welcomed him to Boynton Beach. Mr. Joseph thanked Ms. LaVerriere for the opportunity to be part of the team in Boynton Beach. He spent most of his time in South Florida. He commented his fire instructor and paramedic preceptor was from Boynton Beach and he worked with Chief Carter for many years teaching throughout the State. He was excited to be in Boynton Beach. He was aware of the passion the firefighters have and he wanted to be part of that passion and move forward. He thanked all for their confidence in him and will be proud to be a part of this exclusive team. 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) 6 Meeting Minutes Regular City Commission Boynton Beach, Florida April 5, 2016 David Katz, 67 Midwood Lane, explained Mayor Taylor would always be known as Mayor Taylor and he gave 13 years of selfless service to the City and to his wife, children, grandchildren, country, his friends who love and respect him, and his faith. He commented the bar has been set extremely high for his successor. The respect City staff has for Mayor Taylor is without question and the same applies for the business community all the way through Palm Beach County, Tallahassee and to representatives in Washington DC on both sides of the isle. The foundation stones for a balanced success are honesty, character, integrity, faith, love and loyalty, which Jerry Taylor personifies. He commented the greatness of a man is not in how much wealth he acquires, but in his integrity and ability to affect those around him positively. He stressed Jerry Taylor embodied all those attributes and he appreciated his friendship. Suzanne Ross, on behalf of the Board of the Schoolhouse Children's Museum, thanked Mayor Taylor and the Commission for their support of the Museum, and congratulated Mayor Grant and Commissioners Katz and Romelus on their election. Ms. Ross advised a comparison of March 2015 and March 2016 showed a 21% increase in Museum attendance by visitors from around the U.S., South America, Europe and Canada. She announced this past weekend the third annual Princesses and Superheroes event was held attracting nearly 1,000 people from Palm Beach County, Southwest Broward County, Martin County and one family came from Lake Wales, nearly a three -hour drive one way to the event. She thanked all who attended, the volunteers and the CRA for their help in promoting the event and to the local police and firefighters who interacted with the youth and serve as the real everyday heroes. Forthcoming Museum events included Fabulous Fun Friday, Rainbow Day and Teddy Bear Picnic Day. Saturday, April 23rd is the Schoolhouse Bash Fundraiser offering fun, food and beverages, live music by Party Dogs and auction items. Tickets are on sale. On May 3 the Museum will participate in the Great Give, a 24 -hour online giving event led by the Palm Beach County Community Foundation, the United Way of Palm Beach and Martin Counties to raise money in the spirit of giving as a collective effort for non- profits in the community. Every local gift will be supplemented from a bonus pool of funds raised by the Community Foundation. Commissioner Casello commended Ms. Ross and her staff, noting when he was first elected, the Schoolhouse Children's Museum was in serious difficulty and Ms. Ross turned it around to a prosperous growing amenity. Minister Bernard Wright, Chief Executive Officer of Bernard Wright Ministries and the Robert E. Wells Foundation, 713 NW 2 Street, asked if anyone from District 11 in the Heart of Boynton was present. He proclaimed the area was the Heart of Boynton, he represents his people there and improvements were occurring because of him. He noted trees were trimmed because he worked through Jeff Livergood, Director of Public Works and water fountains that were unusable for six years at the Carolyn Sims Center were addressed. He also worked on the Pre -K Center. Flooding issues and potholes were addressed and new carpet and doorbells for the Center were received. He 7 Meeting Minutes Regular City Commission Boynton Beach, Florida 8 April 5, 2016 thanked the City Commission for removing the wording for the Boynton Policing Program because of its negative connotation, which is now known as the Neighborhood Officer's Program. Minister Wright commented the African - American community does not have a media outlet and he is now on radio and is the BET of internet radio on Friday nights, from 9:45 to 10:00 p.m. He airs live from Cherry Hill from his home office. He invited all to listen to know what is going on. He appreciated advertising special events by including them with the water bill. He asked for a budget for him and others to create something in the Heart of Boynton to engage children. His ministry is in the street. He commented there could not be a betterment of Boynton Beach without knowing the history of this town. He gave the history of Robert E. Wells and he thanked the City for its historic research project for Wells Avenue and the Church of St Paul, built by his grandfather. He asked the Mayor to work with him for the next three years. Tom McClure, 2004 S. Federal Highway, thanked Messrs. Taylor and Fitzpatrick for their service to the City. On behalf of the Boynton Intracoastal Group (BIG) and Boynton Coalition for Responsible Development (BCRD), he offered collective congratulations to the new Commissioners and Mayor. He advised BIG and BCRD look forward to working in partnership with the City Commission and to be involved in the planning and development, CRA and City Commission meetings to address the concerns of voting constituents. He commented when it comes to City government there are no surprises and transparency is the key. He thought they were at a crossroad and responsibility has passed on to the City Commission and they will watch closely. This past week, a meeting was held at Sterling Village and 300 people attended to share their concerns about a 10 -story building with 326 units on the corner of Woolbright Road and Federal Highway. The residents were not in favor for the project. Henry Woodworth, 685 NE 15 Place, INCA President, thanked Mr. Taylor for his contributions to the community over 13 years. He congratulated the new members of the Commission and advised he was at the meeting at Sterling Village. The developer talked for over an hour and never discussed the project, how high it would be or how big or how many cars would be there. He thought it was unacceptable and hoped going forward, they could do better with developers. Bradley Harper, 2004 Embassy Drive, West Palm Beach, was present to thank Messrs. Taylor and Fitzpatrick for their service and congratulate the new Commission members and Mayor Grant. Mr. Harper was present on behalf of the Blueprint Leadership Program and the Cunningham Bar Association. He planned to be a future candidate for County Court Judge Group 15. Mr. Harper explained it would be a county -wide election and he cares about Boynton Beach. He hoped he could earn the City's respect and announced "Harper will work harder." Meeting Minutes Regular City Commission Boynton Beach, Florida April 5, 2016 Pastor Richard Dames, Hopewell Missionary Baptist Church and President of the Boynton Beach Coalition of Clergy, 239 NE 12 Avenue, expressed appreciation to Messrs. Taylor and Fitzpatrick for their service and the Boynton Beach Police Department for assisting the Coalition of Clergy for the Souls to the Polls March. He congratulated Mayor Grant, Vice Mayor McCray and Commissioner Katz. The Coalition will continue to pray for City officials so they understand the responsibilities they have. His sincere prayer was the City Commission would work with the Coalition of Clergy because they are a major stakeholder in the City and in District II. He also hoped they will see development in the Heart of Boynton District II. Some development occurred and was appreciated, but he advised the residents want and deserve more. He requested they consider the residents and commented those that elected them will also hold them accountable. Rae Whitely, Black Vote Matters, welcomed the new Mayor and Commissioners to the dais, and thanked Messrs. Taylor, Fitzpatrick and Merker for their service. He thanked their partners who increased voter turnout in local elections, especially in the African - American community. He was glad to see an energized community and voters who believe local politics is more important than national politics. The Mayor and the City Commission can have a greater impact on citizens than the President of the United States. He commented there is plenty of work to do and people they need to pay attention too. It goes beyond being motivated and debates, beyond visits to churches and private meetings. It is their duty to ensure the community voted, but that the vote makes an impact and is improving lives in their community. They should act by keeping pressure on Commissioners and the people who voted elected officials in will hold them accountable. He quoted Alex Ringo, a Black Vote organizer, "The power is in the people and not the people in power." Herb Suss, 1711 Woodfern, thanked Messrs. Taylor and Fitzpatrick for their service and announced he is a member of the Climate Action Committee in Boynton Beach and he represents Palm Beach County at the Climate Action Coalition. He hoped all would persuade the Governor, who does not believe in climate change, to take notice. Mr. Suss advised by the year 2030, extreme temperatures linked to climate change could cause are additional 11,000 deaths. Ragweed and pollen season is now seven days longer than in 1995, leading to more asthma episodes for children. There has been an increase in wildfires and mosquito and tick borne diseases. More violent rainfalls will lead to more flooding, runoff and contaminated drinking water. The report by government scientists and federal agencies anticipate by 2030 a cumulative temperature rise averaging three to four degrees Celsius and greater extremes in storms. Children and the elderly will bear an increased health burden from the heat. By the year 2100, an additional 27,000 deaths were expected to occur. Water melting from the North Pole will be three to six meters by 2060 or 2070. He hoped the new representatives would pay attention to oceanfront property, watch building on the Intracoastal and do something. They have Sister Cities in Delray and Boca Raton and he will push the issue there. 9 Meeting Minutes Regular City Commission Boynton Beach, Florida 10 April 5, 2016 Mike Fitzpatrick, 175 SW 2 Street, commented the unfunded pension liability, using the Gabriel Roeder Smith and Company Actuarial Report dated October 1, 2014, shows the unfunded liability for firefighters was $44.5 million, $37.6 million for the Police and $34.2 million for the General Employees totaling $116.4 million. The normal cost for current employees for firefighters was $2 million, $2.2 million for the Police and $1.6 million for General Employees. Mr. Fitzpatrick asserted this is what it takes to pay for employees currently working so they would have a pension. It totals $5.8 million. He explained the unfunded liability arose due to past mistakes. He explained for the firefighters, it was $2.8 million, $2.5 million for the Police, and $5.2 million for General Employees totaling $10.5 million per year. In 2014, the City of Boynton Beach paid out $16.4 million in pension payments and from that, $10.5 million was not necessary if prudent fiscal policies were followed. Mr. Fitzpatrick explained the $10.5 million equated to $203,000 per week. In the three weeks since the election, the City paid $600,000, which could be two years of lease payments to save the Old High School. The money lost was mainly going to Wall Street and he hoped the City Commission will address the matter. He suggested using pension obligation bonds to cut the payments in half so there would be an extra $5 million in the General Fund to pay for it. He commented pension obligation bonds would only treat the symptoms, but not address structural problems in the Plans. Alex Bache, 9604 El Clair Ranch Road, read in the Wall Street Journal about longhand note taking compared to using a laptop. The old fashioned way was slower, but those students did better on tests. Her goddaughter was born three days ago and she was wondering how she could receive the same education that she received in Palm Beach County. She had used computer labs in elementary school, spent four years in the International Baccalaureate Program and Bright Futures paid for her university time. She was curious about Mayor Grant's thoughts about public education and art. Mayor Grant explained the City does not run public or charter schools, but pointed out the City has after school programs at the Ezell Hester Center, the Library, Civic and Sims Centers. He looked forward to expanding the programs and provide more opportunities. Last year, Hack Lab moved to Boynton Beach. He explained Hack Lab has drone competitions and he learned how to program a microprocessor. He noted there are plenty of activities occurring and he will share the information with the residents, parents and children. Sonny Garcia, 1631 NW 3rd Lane, Vice President at Rolling Green, thanked Messrs. Taylor, Merker and Fitzpatrick for their service. He hoped Mayor Grant would honor his promises because the citizens will be looking to see what he can and will accomplish and what he planned to do about the safety of the residents noting there were several deaths in Boynton Beach a few days ago. Woodrow Hay, 427 NW 5 Avenue, thanked Mr. Taylor for his 13 years of service and commented he would always be a friend along with Messrs. Fitzpatrick and Merker. Mr. Meeting Minutes Regular City Commission Boynton Beach, Florida Hay encouraged the Commission to keep transparency in the forefront. Having been a Commissioner, Vice Mayor and Mayor, he expressed his confidence they would do a great job. He explained he was available to assist them if needed and would be happy to share his opinions. He encouraged all who attended the meeting to attend again because City leaders need input so they could make Boynton Beach the best City west of the Mississippi and he encouraged the public to be informed and to hear things for themselves. Mark Karageorge, 240A Main Boulevard, recalled when he ran Mayor Taylor's campaign for re- election. He thanked Messrs. Taylor, Fitzpatrick and Merker for their service. When Mr. Karageorge was with the CRA, they worked on many items and got results. He suggested they table making appointments for the CRA Advisory Board and wait to vet interested individuals to obtain better candidates. Mr. Karageorge also advised he managed property in Boca Raton while Mr. Joseph worked in Boca and complimented him on doing a great job, and congratulated him on his new position. He pointed out Commissioner McCray was Vice Mayor for the third time and he knows protocol and order. He congratulated all the new members and encouraged all to read the Master Plan and Comprehensive Plan. The City has the best staff and an award winning CRA staff who obtained state, regional and international recognition. Mr. Karageorge commented, if the developer of Riverwalk would have read the Master Plan, they would not have submitted plans for a 10 -story building because they can only have 7.5 stories. He encouraged the Commission to read the Plans and learn from them. Mike Brunson, 1004 Siesta Avenue, congratulated all on their election and past service to the City. He explained he had great concern for public safety as this past weekend was a deadly weekend for Boynton Beach. Mr. Brunson moved from the north in 2010 and in less than two years, his house was burglarized. He thought these facts need serious attention in the community. He recognized these instances are not unique to Boynton Beach, but adding up the number of people who died in one weekend due to crime and motor vehicle accidents concerned him. He noted six people died in less than a weekend. He implored the City Commission to address the problem. He did not know the answers, but pointed out he spent 37 years in law enforcement. He was concerned and thought other residents in the community were too. No one else coming forward Public Audience was closed. 5. ADMINISTRATIVE 11 April 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 Regular City Commission Boynton Beach, Florida Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Community Redevelopment Advisory Board: 1 Reg Education and Youth Advisory Bd.: 1 Stu NN Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 2 Alts Motion Vice Mayor McCray moved to table. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Motion Commissioner Casello moved to approve the Consent Agenda. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. April 5, 2016 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 -049 Approve and authorize signing of an Agreement for Water Service outside the City Limits with Lennar Homes, LLC (Flavor Pict Townhomes) for the properties 5300 Flavor Pict Road, 5450 Flavor Pict Road, and another unnamed parcel on Flavor Pict Road. The parcels are in the process of platting for a proposed development of 218 townhomes. B. Award the piggy -back of the State of Florida Contract # 94131608 -16 -P for "Tire Recapping" to: PRIDE, as the primary vendor, as a responsive, responsible bidder who met all specifications. Estimated annual expenditure is $50,000, this award will be utilized on an "AS NEEDED BASIS ". 12 Meeting Minutes Regular City Commission Boynton Beach, Florida April 5, 2016 C Approve the minutes from the Regular City Commission meeting held on March 16, 2016. D. Accept the resignation of Jeanne Taylor, a regular member of the Library Board. E. Accept the resignation of Christina L. Romelus from the Community Redevelopment Agency Advisory Board. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16 -050 - Approve the purchase of 120 X26p "Smart Tasers" from TASER International, Inc. of Scottsdale, AZ and enter into a five (5) year purchase plan with Municipal Asset Management, Inc. of Golden, CO with yearly payments of $23,821.03 per year for a total of $119,105.15 over the five (5) year period; as a sole source purchase and authorize the City Manager to sign all required documents. Mayor Grant read Proposed Resolution No. R16 -050. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Mayor Grant asked if there was a Police Department representative present. Joe DeGiulio, Captain, Standards and Training Section was present. Mayor Grant questioned what made the tasers smart and learned they have eight data points as opposed to the three they had used in the past. The tasers used in the past would signal when it was activated and how many times it was activated. The new tasers give five additional data points including whether it did strike, if there was a connection and how effective it was. Additionally, if they use body cameras in the future, the smart tasers can communicate with smart batteries to body cameras and in- car cameras offering a full integration. Commissioner Casello asked if all the officers carry tasers. Captain DeGiulio responded the goal was for all uniform officers to have tasers. Currently they have 104 tasers, but the new officers hired during the last one to two years on the street do not have any. Commissioner Casello asked if they could purchase the tasers in phases along with possible body camera. Captain DeGiulio explained they have been using tasers for 14 years. The issue becomes they have 104 tasers and 80 of them are an old version that are being phased out, and batteries or other equipment for them was no 13 Meeting Minutes Regular City Commission Boynton Beach, Florida Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 14 April 5, 2016 longer available. They have been spending the same money per year to replace old tasers. This would allow the Police Department to spend the same amount of money over a five -year, price - certain period, and by purchasing the 120 tasers all at once, they would save about $30,000. All the officers would then have tasers. The tasers could be used with taser body cameras. Commissioner Casello asked if the City would be limited to purchasing only that body camera model and learned it would not, but they may not communicate with each other. They could still operate with any other body camera. 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 -051 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the installation and maintenance of Project Improvements as described in the Solid Waste Authority's (SWA) Blighted and Distressed Property Clean -up and Beautification Grant Program Application and funding award. Mayor Grant read proposed Resolution No. R16 -051. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16 -052 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Meeting Minutes Regular City Commission Boynton Beach, Florida April 5, 2016 Beach Community Redevelopment Agency (CRA) for the Maintenance of the NE 4th Street Parking Lot. Mayor Grant read proposed Resolution No. R16 -052. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO R16 -053 - Supporting Palm Beach County and the School District of Palm Beach County's plan to enact a one -cent sales tax to pay for needed improvements to public infrastructure, parks, public safety initiatives and economic development and to place a referendum on the November 8, 2016 ballot for voter approval of such sales tax. Mayor Grant read Proposed Resolution No. R16 -053. Motion Vice Mayor McCray moved to approve. Mayor Grant offered a motion to table. Motion Vice Mayor McCray moved to approve for discussion. Commissioner Casello seconded the motion. Vice Mayor McCray explained this item was something they support, but would not be approved unless the voters in Palm Beach County approved it. Commissioner Casello clarified they were not voting to implement the tax, rather they were allowing it go to a vote by Palm Beach County voters. It was the same as circulating a petition for signatures to be put on the ballot. If the initiative does not pass, the County will increase their millage or go to bond and cities will get nothing and the school board will have their own half cent proposal. There has been dialogue about including the Cultural Council in the tax and he explained the Cultural Council, if participating, will earmark $105,000 for the Old High School to be a cultural center. Boynton Beach will receive, over the course of the 10 -year program, $3.9 million each year, which will fund the City's capital improvement projects. All the projects have to be 15 Meeting Minutes Regular City Commission Boynton Beach, Florida Vote The motion unanimously passed. Vote The motion unanimously passed. 13. LEGAL 16 April 5, 2016 listed so voters will know where their money is going. It was explained 30% of the tax will be paid by tourists. Commissioner Katz agreed with Commissioner Casello's explanation and commented the Resolution would give the voters the option to approve or reject the tax. He supported the Resolution and adding democracy to local government. The addendum shows Boynton Beach would receive 3.844% of the revenue and Delray Beach would receive 3.366% based on the City's population and size. D. PROPOSED RESOLUTION NO. R16 -054 - Authorize the Mayor to sign an Interlocal Agreement among Palm Beach County, The School Board of Palm Beach County, Florida and the signatory municipalities pertaining to the shared distribution and use of the one cent local government infrastructure surtax. Mayor Grant read proposed Resolution R16 -054. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Commissioner Katz explained the funds will be distributed based on population and he supported the measure. Mayor Grant explained if someone spends $50 a week in taxable goods, it would cost them an extra $25 for the year. A. PROPOSED ORDINANCE NO. 16 -007 - SECOND READING - PUBLIC HEARING - Approve and authorize creating Part II, Chapter 2, Article 5, Section 2 -93 of the code of ordinances for a Conditional Lien Encumbrance Reduction Program. Attorney Cherof read proposed Ordinance No. 16 -007 by title only on second reading. He pointed out a slightly modified Ordinance and requested when the motion is made, they adopt Ordinance 16 -007 as amended. Meeting Minutes Regular City Commission Boynton Beach, Florida April 5, 2016 Mayor Grant opened public comment. No one came forward. Motion Vice Mayor McCray moved to adopt as amended. Commissioner Casello seconded the motion. Vote Interim City Clerk Pyle called the roll. The motion passed 4 -0. B. PROPOSED ORDINANCE NO. 16 -008 - SECOND READING - PUBLIC HEARING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. Chair Grant read Proposed Ordinance No. 16 -008, on second reading, by title only. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote Interim City Clerk Pyle called the roll. The motion passed 4 -0. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT Attorney Cherof advised the City Commission will recess to the closed -door session for three cases: the Boynton Old School Partnership versus the City of Boynton Beach; the Gladys Cannon versus the City of Boynton Beach; and the Cynthia Fitting and Joseph Fitting versus the City of Boynton Beach. In attendance for the Old School Partnership session will be Jim Cherof, City Attorney; Assistant City Attorney, Tracey DeCarlo; Lyman Reynolds Special Counsel; Lori LaVerriere, City Manager and members of the City Commission that are present. Present for the Gladys Cannon case will be Mike Burke, Special Counsel for the City and the Commission; and for the Cynthia Fitting and Joseph Fitting case will be Jim Cherof, City Attorney; Assistant City Attorney, Tracey DeCarlo; Lori LaVerriere, the City Manager, and members of the City Commission. The closed -door session was anticipated to last an hour to an hour and a half. At that time, the City Commission will reconvene to close the regular City Commission meeting and close the closed -door session with the attendance of a court reporter. 17 Meeting Minutes Regular City Commission Boynton Beach, Florida The meeting was recessed for the closed -door session at 8:00 p.m. ATTEST Jud A. Pyle, CMC Int-rim City Clerk eatiiltuL (iJw Catherine Cherry Minutes Specialist 18 CITY OF BOYNTON BEACH April 5, 2016 J • 444adiielitil■ Christina Romelus, Commissioner Casello, Commissioner APPEARANCES: CITY OF BOYNTON BEACH OPEN DOOR SESSION CITY COMMISSION MEMBERS: Mayor Steven B. Grant Vice Mayor Mack McCray Commissioner Joe Casello Commissioner Justin Katz CITY MANAGER LORI LaVERRIERE ORIGINAL 100 E. Boynton Beach Blvd. Boynton Beach, Florida April 5th, 2016 9:20 o'clock P.M. GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 (954)771 -4500 By JAMES A. CHEROF, ESQ. TRACEY A. DeCARLO, ESQ. Attorneys for the City of Boynton PRESTIGE REPORTING SERVICE, INC. (954) 764 -7297 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 had:) (Whereupon, the following proceedings were MR. CHEROF: Okay. So we have concluded a closed -door session. We are resuming the regular city commission meeting. All that remains is for the Mayor to entertain a motion to adjourn. VICE MAYOR McCRAY: Motion to adjourn. MAYOR GRANT: Do I hear a second? COMMISSIONER CASELLO: Second. MAYOR GRANT: Okay. MR. CHEROF: Thank you all. (Whereupon, the open session was concluded at 9:20 o'clock p.m.) PRESTIGE REPORTING SERVICE, INC. (954) 764 -7297 STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) CERTIFICATE I, VICTORIA PAEZ NEIL, Shorthand Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 15th day of April, 2016. Victoria Paez Neil Notary Public - State of Florida My Commission No. FF 900707 My Commission Expires: 7 -20 -19 PRESTIGE REPORTING SERVICE, INC. (954) 764 -7297