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Minutes 06-21-16MINUTES • THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA • TUESDAY, JUNE 21, 2016, AT 6:30 P.M. 19a*44_,W1 Steven B. Grant, Mayor Mack McCray, Vice Mayor Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Joe Casello A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, Interim City Clerk Mayor Grant called the meeting to order at 6:30 p.m. Roll call revealed a quorum was present. Invocation Reverend Nancy Norman, Unity of Delray Beach, gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Romelus We 3�� 1. Additions, Deletions, Corrections Mayor Grant pulled Items 6. B and H of the Consent Agenda. He requested a motion to table Items 9. E, F, and G of Public Hearing so people could speak about it during Public Comment. Vice Mayor McCray moved to table Items 9 E, F and G. The motion died for lack of a second. Attorney Cherof added an additional case to Item 14. C, adding a closed-door session for the case, City of Boynton Beach versus Frank Janots. The City is the plaintiff. Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Katz pulled Item 6. C of the Consent Agenda, Commissioner Casello pulled item 6. E of the Consent Agenda. NW0171= Vice Mayor McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. The motion unanimously passed. A. Informational items by Members of the City Commission Commissioner Romelus attended Shelley Vana's Meet and Greet at Seagate of Gulfstream and met with residents and answered several of their questions. Ms. Vana spoke about what she is doing in her position and that she is running for Property Appraiser. She attended a Forest Park Neighborhood m and met with Bradley Miller and Mike Bertino for the 601 South Federal Highway project, and with Ocean One representatives. She attended the Prayer Vigil honoring the lives lost in the Orlando shooting. She requested prayers for the family of the two-year old who perished in the Disney alligator attack. She attended the CRA Developer Forum, and thanked Ms. Brooks and her staff for the information. Commissioner Casello attended the Prayer Vigil for the Orlando victims and thought as Americans and voters, citizens should go to the polls and make good decisions on who they elect. Too often, apologies are extended and flags are flown at half-staff for senseless tragedies. He hoped they could change that by voting in officials that understand the issues. He met with Bradley Miller of Miller Land Planning. Commissioner Katz attended the Prayer Vigil held by the Coalition of Clergy and was impressed how quickly it came together and all the work expended on the event. He applauded all who assisted. He also met with Bradley Miller regarding the 601 South Federal Highway project and with some of the Leisureville leaders. Vice Mayor McCray met with Bradley Miller and Bob Dubois, and attended a Chamber of Commerce Luncheon. Vice Mayor McCray explained this week in Broward County, the Florida Morticians Association, comprised of African - American professionals, convened and held a Stop the Violence meeting. He explained the issue has many names such as Bury the Violence and Stop the Senseless Killing. The Association will Iq Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 stand with any organization that favors stopping violence. On Sunday, a motorcade of hearses and limousines travelled through Miami and Broward Counties. That afternoon, Sabrina Fulton, the mother of Trayvon Martin was present and a Santonio Carters, whose six-year old son was gunned down on his way to the store. He was number 316. Vice Mayor McCray declared the situation was serious and the Mortician's Association will finish their activities for Richard Allen Kurtz, his boss, who will be honored as Mortician of the Year. Vice Mayor McCray advised he did not attend the Boynton Beach Vigil because he had to work, but he was present on Tuesday morning when he met with City Manager, Lori LaVerriere, and a phone call requesting assistance with the event was received. He praised staff and expressed his thanks. He was at work the day before the Vigil occurred when he was contacted about having the Vigil. He recalled at the last City Commission meeting, there was discussion about lifting the moratorium for special event permits at City parks and he thanked the Commission for remaining steadfast. He had received a phone call that a party was planned at Sara Sims Park and he advised no permit had been issued. He thanked the Police for shutting the event down. He commented half an hour later, he received a second call questioning why the event was not shut down. He called Assistant Police Chief Snow and she informed him the Police were already on site and he thanked her for a job well done. Since the event could not take place at Caloosa Park or Lake Ida Park, the organizer moved it to Sara Sims. He thanked the Department for sending the message, Sara Sims is not open for business. Vice Mayor McCray had also got a message the event would move to Cherry Hill, but the residents did not allow it. Mayor Grant advised he met with Jorge Piscaro, and Heather Andrews from Discover the Palm Beaches on June 8 He learned what they were doing to promote business and tourism in the City. On June 9 he met with Healthier Boynton Beach and they selected a logo, That evening he attended a "Dori Saves Lives," meeting which is a non- profit seeking to prevent motor vehicle deaths. Representative Iry Slosberg advised he was able to pass legislation making failure to wear a seat belt a primary offense and drivers could be pulled over. He noted texting while driving is a secondary offense, and law enforcement cannot pull over motorists. On the 1 oth , he attended the COWBRA 35 Anniversary Gala at Benevenuto. He visited Saxton's, the new restaurant attached to Sweetwater, attended the CRA Workshop on June 11 and then went to the Mall. 'He met with an FPL representative who advised individuals wanting to report a streetlight that is out should call 1- 800 -466- 8243 for service. He supported Jeff Clemens at Two Georges on June 14 attended the anniversary of Motor City Pizza and Deli near Home Depot, and then to Joey's Bakery and Goods, featuring gluten and GMO free products. He lunched with Judge Marni Bryson, for Group 7, on the 15 and spoke at the Vigil on the 16 He commented this generation is tempered by terrorism and the City will grow stronger and 3 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 more unified to defeat terrorism. He spoke about how people needed help and they receive help. He attended the Metropolitan Planning Organization meeting and learned Boynton Beach has been collecting an impact fee for the past 15 years. He commented $24 million has been collected, but the County only disbursed $4 million to Boynton Beach. He hoped the upcoming strategic planning meeting would cover a Mobility Fee Ordinance to keep developer money in the City. He met with Bradley Miller on the 17 regarding the 601 South Federal Highway project, and lunched with the Fashion Cuisine Group in Wellington to see if they would open new restaurants in the City. He attended a happy hour with a representative from Brookshire Hathaway, attended Music at the Rocks and spent Father's Day with his grandfather. On Monday he toured Boca Bearings and the owner advised he was looking to expand and bring manufacturing back to Boynton Beach. He thanked him for taking the video games from the former Pete Rose Caf6, and he and FAU interns will refurbish the arcade games. On June 20 he met with South Florida Wonderland Foundation and earlier in the day, he attended the CRA Developers Forum and the Palm Beach Bar Association's Committee for Diversity and Inclusion. Mayor Grant explained he had previously made comments at a Planning and Development Board meeting and stated he represented mechanics in the County. He does not represent mechanics in the City of Boynton Beach, nor did he represent anyone that would be impacted by the Ordinance. He noted summer starts on June 22 He polled the City Commission if they wanted to wear City issued collared shirts in lieu of ties during July and August and learned the City Commission attire would remain the status quo. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. The Mayor to present South Tech Academy C.O.R.E. Transition Program Student Intern, Nicholas Celino, with a Certificate of Recognition for his internship completion and a summary of the internship provided by ADA and Grants Coordinator, Debbie Majors. Debby Majors, ADA and Grants Coordinator, presented Nicholas Celino with a Certificate of Completion and explained South Tech Academy offers a career opportunity and related education program called Core Transition Program which incorporates technical training in the student's chosen field on and off campus. The City ADA Coordinator and Chris Hand, the South Tech Academy Transition Coordinator created a career exploration internship opportunity for Mr. Celino in technology. It included visiting with the City ITS, Police, Fire, Library, and GIS Department to learn how the City uses technology to interact with citizens and provide services. He received a lot of behind-the-scenes tours and viewed the wiring for various systems including the r , I Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 911 Communication Call Center. The internships provide a glimpse and tips from field professionals regarding a career in technology. As Mr. Celino finishes his certifications at South Tech, she invited anyone having a business or knows a business owner to distribute brochures in the back of the room and pass the information on. She commented all of the businesses could benefit from students like Mr. Celino and the City would work with them. Mayor Grant presented the Certificate to Nicholas Celino and congratulated him on his outstanding effort. Jay Boggess, Director of Schools, South Tech Academy, commented Ms. Majors was an integral part of making the effort a success. South Tech has been in Boynton Beach for 40 years and engaging the community on a daily basis is part of their strategic plan, creating one success story, one student at a time. It cannot be done alone; it is about engaging the community and what they are able to create through a network, to provide opportunities for students to grow. Students can stay and work in Boynton Beach and create a vibrant vision. On behalf of South Tech Academies, Mr. Boggess complimented Ms. LaVerriere and Ms. Majors, Ms. Coles-Dobay and the entire Boynton Beach staff, for allowing the effort to come to fruition. He presented a service ward to Ms. Majors. B. Announce the "Fishing for Fireworks?" event that will be held on July 4th at Intracoastal Park. Wally Majors, Recreation and Parks Director, announced the July 4th Fishing for Fireworks event begins at 6 p.m. and fireworks will commence at 9 p.m. Two bands will be featured and Kids Corner Activities will be held throughout the evening, including a watermelon eating contest. Immediately after the fireworks, another set of music will play. The Department doubled up on buses this year and will have five buses running. He noted it takes some time to get out of the park especially from a larger event and he hoped people would stay a little longer to enjoy the music following the fireworks. On Saturday at 10 a.m. at Oceanfront Park, the department would host Stand Down House, which is a non-profit organization providing support for homeless and at-risk veterans. The Department will host an activity for them once a month for the next few months and was reaching out to the community for partners or sponsors to help provide lunch. Next month, they will schedule golfing, snorkeling and scuba diving. He reiterated these activities are for homeless or at risk veterans in the community that could use help. Anyone wishing to help should contact Mr. Majors. C. Proclaim June 20 - 26, 2016 as Amateur Radio Week, Barry Porter and Bob Vastola will be in attendance to accept the proclamation. Mayor Grant read a proclamation proclaiming Amateur Radio week. Present to accept the proclamation was Barry Porter and Bob Vastola. 61 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 One of the men thanked all for the recognition. He mentioned there are over 300 HAM operators living in the City. The organization is always preaching hurricane readiness and he noted the public is becoming more dependent on cell phones. They are preparing to function and provide governments with communication if infrastructure fails. He had distributed flyers and invited all to attend the June 25 and 26 Field Day at Delray Park. D. Proclaim June 27 2016 as National HIV Testing Day and urge all residents to take the HIV test to know your status; "BE A HERO, STOP THE SPREAD". Brenda Lopez MSW of the Prevention Education & Treatment Program at the Caridad Center will be present to accept the Proclamation. Mayor Grant read the proclamation. Present to accept the award was Brenda Lopez. Ms. Lopez, MSW, Prevention Education and Treatment Program at the Caridad Center, thanked Mayor Grant for the proclamation and spoke about the Caridad Center, explaining it is a free clinic and one of the biggest in the State. She noted staff at the Center are all volunteers including the doctors and nurses. She was thankful to have the organization in Boynton Beach and invited all to get tested on Friday the 24 th . E. Presentation by Quinn Hayes, Project Director of Healthier Boynton Beach. Ms. Hayes thanked Mayor Grant, Vice Mayor McCray, the City Commissioners, City Manager and all else and explained Palm Health Care Foundation has a Healthier Together initiative to bridge the gap and develop viable solutions to complex health issues. Boynton Beach was one of six communities chosen to receive $1 million to work on the health initiatives chosen by the community. They held events at Intracoastal Park Clubhouse,. Boynton Beach High School and St. John Missionary Baptist Church, to gather consensus what was needed the most. She announced the vote was in favor of family care giving. She thought the City selected the most holistic approach because family care giving could still be related to behavioral health or chronic disease management, diabetes and/or prevention. These issues could include isolated seniors and youth caring for parents. No one is left out. She hoped to engage all in the process and Healthier Boynton will decide how the funds will be spent. There are several upcoming community events, and she invited all to visit HealthierTogetherPBC.org and join the group. She requested those interested in the effort to contact her. Fliers on the event were in the back of the room. Parks and Recreation sponsored a June 30 family dinner and community conversation event at Carolyn Sims Center. On Thursday, June 23r she invited all to a Meet and Greet cocktail social for she and her fellow Steering Members at the Secret Garden CaW She advised she would love to hold focus groups and gain consensus in the community. N. Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 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) Chair Grant opened Public Audience. Susan Oyer, 147 SE 27 Way, complimented staff at the permitting office in the Building Department. She noted the office staff stops taking paperwork at 4 p.m., and stays open until 5 p.m, She asked why and learned the office is short staffed. Ms. Oyer contended Boynton Beach is the third largest City in the County, and she thought she should bring the matter to the attention of the City Commission to address. Ms. Oyer also pointed out a Palm Beach Post article detailed an HDTV House Hunters episode would feature a home in Boynton Beach. She tried to determine what area of the City was being filmed, but was unsuccessful. She requested anyone with knowledge publicize the location. Sonny Garcia, 1631 NW 3 rd Lane, explained the Bill Tome Foundation for Kids and Families, Inc. was partnering with the East Boynton Wildcats and the City to hold a Summer Fun Day at the Ezell Hester Center on July 9 The purpose was to raise funds for the football and cheerleading programs. He noted recent vandalism at the Center resulted in equipment and uniform losses. Bill Tome is a former Boynton Beach Police Officer and PAL Officer. The Foundation will also raise funds for a new Public Address System, uniforms and equipment. Several activities were scheduled for the event, which started at 11 a.m. Anyone wishing to make a donation should contact Michael Byrd. Flyers would be posted. Buck Buchanan, 807 Ocean Inlet Drive, distributed a letter, which he read into the record complimenting the City and CRA for their work consolidating, revising and coordinating land use and zoning, to develop documents that allow developers and citizens to understand what can be built anywhere in the City. He also praised staff for gathering input from the public and development community. He commented most of the work could be adopted, but the creation and location of Mixed-Use Node zoning, with a 100-foot height limit warranted separate public input and attention from the City as opposed to being embedded as an element in an overall project. City residents were concerned with height limits, traffic congestion, and quality of life issues. The residents voted a second time to maintain a four-story height limit and the City Commission invoked Home Rule and increased it to 150 feet in Mixed-Use High zoning. Mr, Buchanan expressed it appears the 100-foot Mixed-Use Node zoning does not necessarily fill a gap in the CRA and adding 100-foot buildings elsewhere in the CRA 7 Meeting Minutes City Commission Bovnton Beach, Florida June 21, 2016 worsens the situation. He proposed height limits should be established as part of the new Land Use /Zoning, and excluding additional height to accommodate elevators, air conditioners and other amenities or designs. He thought they should provide clear direction and a 45 feet height limit means 45 feet and not 55 feet. Mr. Buchanan further noted when the first CRA Director was hired and there was an independent CRA Board, the CRA adopted a Floribbean /Coastal Fishing Village style; however, the style disappeared when the independent CRA Board was dissolved. He asserted it would be appropriate to obtain public input regarding architectural styles for various sections of the City. Suzanne Ross, Executive Director, Schoolhouse Children's Museum, announced Summer started out strong. Month -to -date, there were over 2,300 people that joined the Museum and its programs. Classes were full or nearly full, and during last week's Fabulous Fun Friday, which was themed "Presents for Papa ", both sessions sold out. Through August 19 , Alternating Fridays features Slash Zone or Fabulous Fun Friday. This Friday's Splash Zone features Water Olympics. Each Friday program has its own theme such as Ice Cream Sundae Friday, Bubbles, Bubbles, and more Bubbles, Water Paint and more. An updated Doc Weems Office now has a life -sized Operation game. July 11 is French Week, introducing French words and phrases and activities will be incorporated into the program including stories such as Madeline and Everyone Bonjours. The Museum will celebrate the 4 th of July at Intracoastal Park Clubhouse. Tickets benefiting the Museum are available in advance for $0 for adults and $10 for children, or $40 at the door if available. Guests will enjoy a barbeque dinner and air - conditioned front row seats to view the City's fireworks display. She invited all to the Museum. Mark Karageorge, 240A Main Boulevard, praised the City Manager's Office for their assistance with the Vigil and he liked that the City unified for a good purpose. He commended those present and advised there was a great turnout. He noted the City always took the approach to "Bury the Violence ". He noted the CRA Workshop with the development community was good and he commended the CRA and City staff for a great presentation. Two RFPs were issued for the Ocean Breeze and MLK South projects. He noted the Housing and Urban Development (HUD) changes their regulations and in the past some RFPs failed. He asserted HUD was making further changes and he recommended staff contact Dave Brandt from Palm Beach County, who also works with the Florida Housing Finance Corporation, (FHFC) to see how the City could position itself to be on the winning side of the application cycle. The regulations are detailed and Mr. Brandt could clarify the changes because he works for the County in the same capacity as in the FHFC. He was aware an RFP would be issued for the Cottage District and the CRA had been working on land assembly for the District for 10 years. He thought the project would improve the quality of life and he suggested the CRA consider a land trust. P Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Rae Whitely, Boynton Beach Coalition of Clergy, noted people of all races, religions, genders and political orientation came together and reflected the love of God and said thoughts and prayers will not be enough. He commented it would not be the end, but it would be a beginning. He thanked the entire Commission and City Manager, Police Chief, and the City staff who worked hard to make the event impactful. People from near and far, who refuse to be silent joined together to pray for 49 families who were grieving the loss of loved ones and 52 people recovering physically and mentally from gunshot wounds fired by a person filled with hate. He was very proud of Boynton Beach and declared it was a defining moment in a terrible situation. Reverend Bernard Wright, 713 NW 2n Street, CEO of Bernard Wright Ministries, the Wells Foundation and Real Talk Radio, commended the City Commission and the City for their good works. He requested clarification regarding Sara Sims Park as no one is parking there and it is a community park serving the District and the Heart of Boynton. He shared concerns about violence, noting there has not been much violence at the park, but there has been violence in Boynton. He thought anyone who wanted to enjoy themselves there should be able too, but did understand about special events. He asked when the Park would be renovated as the City has funds allocated for it and commented the Park could be roped off and it would alleviate four, three and two wheelers traversing the grounds. He asked why boom boxes and cooking was prohibited at the park and when residents could use the park without Police intimidating the patrons. He noted other parks could be used and did not know why Sara Sims Park could not, Vice Mayor McCray noted when the Police were called, there were about 300 vehicles there and when the party attempted to cross to Cherry Hill, a resident called and thanked the Police as they may have saved a life. He commented the matter will be addressed at the Strategic Plan. Dr. Piotr Blass, 113 W. Tara Lake Drive, advised he was in Peru, and was glad to be in Boynton Beach proclaiming it is the best City in the world. He noted there are opportunities to have a Sister City in Peru and Poland, and together he and the City could explore the possibilities. He promotes the University of Boynton and he finds new students. The activity in Peru related to seismology, earthquakes and academic issues. He supported Rev. Wright as he represents the early history of the City connected with the Bahamas and noted Rev. Wright was also concerned with the use and safety of the local park. Dr. Blass suggested with a strong police presence and the right resources, residents could have fun and picnic at any park. He commented he is running for federal office in December because of his concerns about guns and safety. While respecting the Constitution, he thought there should be high tech solutions to eliminate the violence seen in Orlando. He also grieved for Jo Cox who was gunned down in England. He conveyed strong action from the federal government and scientists is needed to defeat terrorism. He advised he will be leaving for Poland in July. N Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Vice Mayor McCray suggested Dr. Blass meet with Chief Katz and Assistant Police Chief Snow to learn what occurred at Sara Sims Park so he could understand the City Commission's reluctance to reopen the Park. Dr. Blass advised he would. 1 1 ` 111 1 1 1 1 Ill ; 1111IIIiinillimmum- Mayor Grant commented he forgot to announce the Water Quality Report was available in the back of the room. 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: Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 1 Stu N/V Library Board: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts There were no applicants. • 1 1 . 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. R16-074 - Approve the update to the Engineering Division fee schedule for engineering and construction related activities in the City of Boynton Beach, changes to become effective immediately. B. PROPOSED RESOLUTION NO. R16-075 - Support • lowering energy costs for solar power and support for amendment 4 • the August 30, 2016 Primary Ballot. Mayor Grant pulled this item to allow Sarah Younger to speak. Ms. Younger, Boynton Beach resident, was present to support Amendment 4, which will be on the ballot on August 30 The amendment would exempt solar panels from tangible property taxes, currently assessed on commercial property. She thanked Mayor Grant for the Resolution in support of the amendment. It will assist residents in iul Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Florida to be more energy independent by offering more options for energy choices. She invited all to attend a Public Education Workshop at the Summit Library on Thursday, June 23 at 5:30 p.m. A colleague "Eddie" also representing the effort, had handed out brochures. He announced anyone wanting further information can visit the Yesonfour.org website. Vice Mayor McCray noted the Amendment was also Supported by the League of Women Voters. Vice Mayor McCray moved to approve Resolution R16-075. Commissioner Casello seconded the motion. The motion unanimously passed. C. PROPOSED RESOLUTION NO. R16-076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. Commissioner Katz explained he pulled this item because the City Commission has not received any information on the item and he would need to review it before he voted. No one from the County, the City of Lake Worth, or the Atlanta Braves has come forward. Commissioner Katz moved to table the item indefinitely until more information is received. He noted when they discuss development projects, they discuss whether there would be community benefit agreements, such as hiring local workers during construction, or the tax implications. He pointed out public funds typically are used to subsidize stadiums. He thought it was inappropriate for an item like this to come before the City Commission without any information. Vice Mayor McCray commented he received information from the City Manager which was an article, "The Braves Play Taxpayers Better Than They Play Baseball." Commissioner Katz commented he received the article which opposed the development and thought more information was needed. Mayor Grant commented he spoke to Lake Worth Commissioner, Scott Maxwell and their Executive Director. All of the neighboring cities support the effort and they requested the City's support. The article pertained to the Farm Teams, not necessarily a spring training facility for the actual Atlanta Braves. He commented the City is a tourist destination and the other cities were not. It would create a great deal of revenue for 11 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 them and the City. It does not cost the City money to support them. If the project is approved, the City would benefit through increased jobs and taxable revenue. Commissioner Casello agreed further information was needed, and thought Lake Worth could share information. He thought a workshop may be beneficial. Mayor Grant had told Lake Worth Officials to speak with the Boynton Commissioners. Vice Mayor McCray asked if the League of Cities supported the item. Mayor Grant advised the League of Cities had no comment. David Katz, 67 Midwood Lane, explained he is a baseball aficionado, but the Braves have the second worst record in the Major Leagues and was on track to lose 110 games. There would not be a minor league team there, it would be a spring training facility. In Jupiter, there are two teams there. He commented John Prince Park has been a precious park and recreational area for many years. He thought any jobs created would be minimum wage and the return on investment was a figure pulled out of a hat. He asked what would occur in 15 or 20 years when the team wants to move, as this occurred in West Palm Beach years ago and advised Lake Worth and the County will be stuck with the complex, the park and the park land will be gone. If the City Commission votes in favor, the billionaire owner and his million dollar employees could say Boynton Beach endorsed the misuse of park land, when that may not be the case. It would have been, at most, because the Commission did not fully vet the residents of the City. Katie McGiveron, 2121 Collier Avenue, Lake Worth, a native Floridian advised she and her husband moved to Lake Worth. She is the President of the Residents of Lake Osborne Heights {BOLO) Homeowners' Association, and they would be directly impacted as she lives across the water from the Park. She explained one would have to travel down 6 th Avenue South or Lantana Road to access the Park. She commented FDOT commissioned a study about a 6 th Avenue interchange, and traffic is at the breaking point. She had previously submitted a packet to each Commissioner including a map of John Prince Park and a breakdown of the usable areas therein and a card identifying a Facebook page called John Prince Park Preservation. She referred to an article from Bloomberg Business entitled "The Braves Play Taxpayers Better Than They Play Baseball" and there were many more articles on the Facebook page. Ms. McGiveron commented John Prince Park is a public park and should not have been considered for the facility. When the Park is gone it is gone, and there is no other land to create another park. She commented money is always the bottom line and the City's Mission Statement is to create a sustainable community by providing exceptional municipal services in a financially responsible manner. She commented baseball stadiums are a bad idea for communities that have to pay for them and there are numerous studies indicating so. She requested the City Commission research the issue before jumping into a resolution. She requested this weekend, the Commissioners go to the Park and look around and talk to Park users. 12 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Motion Commissioner Casello moved to table the item until they get more information, Commissioner Katz seconded the motion. Discussion followed whether to table to a date certain. Commissioner Katz wanted it to remain on the table until a presentation is made. Mayor Grant thought if no one attends the next City Commission meeting, it could be construed as hearing nothing positive, except that other cities support the project and there is the possibility of increased property values and increased jobs. Commissioner Katz recommended tabling the item up to 90 days in the hopes that someone will provide information to them. After 90 days, if nothing is heard, would be a more appropriate time to speak on it. Commissioner Casello moved to table for 90 days. Commissioner Romelus seconded the motion. Vote a=* D. PROPOSED RESOLUTION NO. R16-077 - Approve an Agreement with RunBrook, LLC of West Palm Beach, FL for "Greenhouse Gas Emissions Inventory Consulting Services" in the amount of $44,985.00 as a result of the RFQ No. 010-2821-16/JMA, according to Florida State Statute 287.55 "Consultants'; Competitive Negotiation Act" (CCNA); and authorize the City Manager to sign the Agreement. E. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2016/17. The anticipated Community Development Block Grant allocation is $497,889. Commissioner Casello pulled this item and understood $356,000 rolled over from last year to be combined with this year's allotment of nearly $498,000 totaling $854,000. He understood there is only so much money for each agency, but one agency his family volunteers for is the Community Caring Center (CCC) who requested $65,000 and the Committee recommended $40,000. The CCC has been in the community for 35 years and offers assistance with mortgage, rent, utilities, food pantry and vouchers, medication and direct emergency social services for seniors. He asked the Commission to increase the amount from $40,000 to $50,000 which is below the $65,000 requested. Chair Grant noted the maximum allotment for public services is 15% which would result in reducing another agency's allotment such as Aid to Victims of Domestic Abuse 13 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 (AVDA) and Pathways to Prosperity (P2P). Commissioner Casello thought P2P was fairly new to the Community Development Block Grant (CDBG) Program. Vice Mayor McCray explained P2P is not a new agency and has been around for some time. There is enough money and the City Commission has always donated to the CCC. Both CCC and P2P do good work. He thought if there is a pool of money, and it needs to be distributed and another agency is eligible, the City should be fair to all who apply. Commissioner Casello asked if an extra $10,000 was allocated, where it would come from. Octavia Sherrod, Community Development Manager, explained 15% of the allocation is about $74,000 and all public service dollars have to be allocated from that category. The City cannot exceed the annual allocation for public services and she agreed if the Commission increased the award by $10,000, the funds would have to be taken from another agency in that category. Vice Mayor McCray disclosed P2P is a component of St. John Missionary Baptist Church and he is a member of the Church who has nothing to gain from this item. It is a community effort and he thought the Commission should hear from P2P. Sherry Johnson, Community Caring Center, advised the CCC works well with P2P and they expected the funds would be split. They are grateful for the allocation and encouraged Commissioner Casello not to pursue the issue as they are happy to share the work with them and they complement one another well. Kimberly Bush, CEO of P2P, explained they have been in the community for just over six years. They submitted the grant for the CDBG funds for their newest program model called Circles, which is a national model aimed to end poverty. The program is operating in 28 states and P2P was selected as the agency to introduce it to Palm Beach County. The model is based on a work by Ruby Payne, Author of Bridges Out of Poverty. The book notes there are three classes of people: wealthy, middle class and poor and the twain should never meet. Circles uses a curriculum designed by Mr. Payne for social workers to use to work with different classes to help guide individuals out of poverty. It involves the entire community. Currently, several families from Boynton Beach graduated from the program and are on their way to self-sufficiency. Once graduated from the 15 to 18 week course, learning about decision making and budgets, graduates are connected with middle to upper-income individuals who commit to spend 18 months with a family to guide the families out of poverty. Ms. Bush advised there has been tremendous success. She thanked the City Commission for considering P2P and recommended they be part of the funding process to continue the great work. They are operating in Boynton Beach and have models in northern Palm Beach County and Delray Beach. 14 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Vice Mayor McCray commented having served on the Commission for many years, this was the first time he heard a group appear indicating they were in favor of what they were trying to accomplish and let the allocation remain as they support one another. He appreciated their candor. . Jennifer Rey, Program Services Director, AVDA, thanked the City Commission for considering their funding request. They have been funded for many years for their work to prevent domestic and dating violence. AVDA's work at Boynton Beach High School has been wildly successful in implementing the Center for Disease Control's model to prevent imminent partner violence. It is a community based model working with young people who go out and change the community. Last year 18 youth taught 1,300 of their classmates in gth loth and 11 grade lessons on teen dating violence, what it is, what it looks like and how to build and sustain healthy relationships. She appreciated the funding and hoped it would stay the same this year and grow. One educator spending his summer at Boynton Beach High School's Athletic Department was implementing a "Coaching Boys into Men Program; a national program out of Future without Violence, in the City. She thanked the Commission for their support. Vice Mayor McCray moved to approve the recommendation. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. F. Award to Anzco, Inc. two (2) purchase requisitions totaling $28,100 plus a 10% contingency of $2,810 for a total cost of $30,910 for the repair of two picnic shelters and construction of supporting ADA accessible improvements at Oceanfront Park. Purchases over $25,000 require Commission approval in accordance with the City's procurement policy. G. Accept the written report to the Commission for purchases over $10,000 for the month of May 2016. H. Approve the minutes from the Regular City Commission meeting held on June 7, 2016. This item was pulled by Chair Grant for a spelling change on page three from Loimaa to Rauma, Finland, and the Children's Oasis International was for the Man and Woman of the year, Derrick McCray and Sheila Ross. 15 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Romelus also requested specifying the amount on the motion on page 12 as follows: Commissioner Romelus moved to settle for half of the $2,905.25 (one- half $1,452.62). Vice Mayor McCray moved to approve the minutes with the changes. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-078 - Authorize the City Manager to sign a contract with Florida Design Drilling Corp. of West Palm Beach, FL for the Master Lift Station No. 309 Improvements project, Bid No. 033-2821-16rrP in the amount of $1,832,000 plus a 10% contingency of $183,200, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $2,015,200, Vice Mayor McCray asked why staff was spending so much money on the item. Colin Groff, Assistant City Manager - Services/Utilities Director, explained the project was one of 28 master lift stations and they address one every 18 months. The stations last for 40 years, and this was a way to cycle replacing only the pump station, and installing a force main to phase out another pump station in the future. The building would not be replaced. Vice Mayor McCray asked if the pump station would be painted and learned it would. Fi qi-=- • 1h: . • -WO �100 �46 16 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Casello noted the Commission had voted on lift stations before and asked if the $1.8 million was the normal amount. Mr. Groff explained this station was a master lift station, taking a flow from a large area. Forty to fifty stations pump to this station and it pumps into the master system that pumps to the plant. The station is five times larger than the standard station and as part of the work, the Department will drill under the Little League baseball field. Commissioner Casello seconded the motion. TLS The motion unanimously passed. B. Approve award for the "Annual Supply of Medical Supplies and Medications", Bid No. 044-2210-16/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Midwest Medical Supply Co., LLC, as the lowest, most responsive, responsible bidders for a projected annual expenditure of $140,000. Items will be ordered on an "As Needed" basis. Vice Mayor McCray requested hearing from staff. Glenn Joseph, Fire Chief, explained the Fire Department bids for medical supplies and medications every few years. They receive responses and check the lowest bid. The price reflects the cost increase of medications as it changes and drug overdoses requires more medication be used. Ms. LaVerriere explained they have three vendors, since one vendor may not carry a certain medication to ensure the Department has the supplies it needs. Tim Howard, Finance Director, explained the City spent $91,000 so far this year. Last year, they spent $122,000. The $140,000 is an estimate for the year. Vice Mayor McCray commented the Department is using the lowest bid, but wanted t ensure citizen's lives are not being compromised, and the Department was using quality medications. Chief Joseph responded the Department issues the medical specifications and ensures the medicines meet quality standards. Commissioner Casello noted the bid was a joint bid with the City of Delray Beach Fire Department which is a like-sized department and asked if the City could partner with the County for bids on medical supplies. Chief Joseph responded he will speak to Delray Beach, but generally speaking most municipalities issue their own bids and/or use different mechanisms to get the best price. When he was in Boca Raton, they use the same vendors for the same supplies and pay about the same amount. Commissioner Casello explained the City has piggybacked on other bids, and thought piggybacking with the County would triple the City's volume of medical supplies. Chief Joseph explained some of the supplies the Department uses are consistent across most 17 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 municipalities, but some use different medications, protocols and have different medical directors. He could investigate a bid amount for the three cities in the South County area. Boca Raton has an arrangement with the hospital and receives their medications from them. He explained an agreement would likely be with Delray Beach and Boynton. Commissioner Casello thought it should be researched. Ms. LaVerriere thought it would be a statistical nightmare to coordinate with the County because of the number of vendors the City uses, but it would warrant further investigation. The City has used purchasing cooperatives in the past. WI Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion, Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 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 ORDINANCE NO. 16-010 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), to increase the locations where consignment shops and used book stores are allowed, and to change the maximum size standard applicable to all businesses that sell used merchandise (CDRV 16-001). Attorney Cherof read Proposed Ordinance No. 16-010 by title only on first reading. Vice Mayor McCray inquired if this item would accommodate True Treasures locating in Boynton Beach. It was noted he and Mayor Grant favored the Ordinance to get more business in Boynton Beach. Mike Rumpf, Planning and Zoning Director, explained the City classes used merchandise into two categories: as an antique store, or as a pawn shop, thrift or consignment store. Antique stores are only regulated by a maximum size of 5,000 square feet. The other categories are regulated by the 5,000 cap and distance separation between shops and antique stores. The Ordinance would move consignment shops into the regulatory group of antique stores to regulate them in a like fashion. It im Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 would expand the maximum size of antique stores, consignments shops from 5,000 square feet to 25,000 square feet, except in the CRA area. The redevelopment area would have a reduction in the maximum size from 5,000 to 2,500 square feet, consistent with the vision of small stores, shops and boutiques. True Treasures is a larger store and cannot operate in a small space. This would regulate uses that are of a higher class of merchandise than is typically seen in a thrift store. It does not need such a stringent structure as with distance separation. Vice Mayor McCray moved to approve Ordinance No. 16-010 on first reading. Commissioner Romelus seconded the motion. Mayor Grant opened the floor for Public Hearing. No one came forward. Vote Interim City Clerk Pyle called the role. The vote was 5-0. B. PROPOSED ORDINANCE NO. 16-011 - FIRST READING - Approve amendments to the Land Development Regulations, Chapter 1, Article 11, Definitions, and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes), that in part, increase the locations where the sale and repair of motor vehicles and boats are allowed, involving the C-3, C-4, PCD, M-11, and PID Zoning Districts (CDRV 16-002). Attorney Cherof read Proposed Ordinance No. 16-011, by title only on first reading. Mayor Grant announced he represents mechanics with dealer licenses in unincorporated Palm Beach County. He does not represent any mechanics in the City of Boynton Beach or have anything in the foreseeable future that would represent any repair facility for boats or motor vehicles. Mayor Grant declared there was no conflict of interest, Commissioner Katz asked if Mayor Grant advocated for the Ordinance at the Planning and Development Board meeting. Mayor Grant responded he did not. He gave information. Commissioner Katz had questions about the appearance from an ethical perspective. Mayor Grant explained he spoke with Mark Bannon, Commission on Ethics, earlier in the day and disclosed what he needed to disclose. He does not represent anyone from Boynton Beach and he gave the information to the Department of Business and Professional Regulations that controls boat and motor vehicle licenses. There is also another regulation if a mechanic regulated by the Department of Agriculture wanted to sell motor vehicles or boats. Commissioner Katz inquired if he was not open to iR Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 entertaining questions pertaining to his relationship with mechanics in relation to the Ordinance and Mayor Grant responded affirmatively. Vice Mayor McCray commented this item had surfaced at prior Commissions, and the reason it was not approved was the Commission did not want dealerships opening and having cars on the outside of the building. He did not oppose having vehicles inside a building. Commissioner Katz asked what the penalty was if the vehicles are moved outside during the day and returned to the building at night. Mr. Rumpf responded Code Compliance would be used. This request had a conditional use attached, and it would have staff oversight and review, plus the City Commission's review. Staff will visit the site and determine the building's capacity to store vehicles. It is not something they could prove in advance. Commissioner Casello asked where the C-3, CA PCD, and M1 zoning districts were located, Mr. Rumpf explained C-3 is the most intensive commercial or retail district. Commissioner Casello asked if there was a map and learned a map was not available. A C-3 zone would include just about every commercial zoning district in the City. Boynton Beach Boulevard to Seacrest is zoned C-3. West of Seacrest to 1-95 is C-1 which had more office space. Moving westerly, C-1 and C-2 is on the south side, where Krispy Kreme was formerly located and after that is an office district in the C-2 zoning district. The mall was zoned C-3. One M-1 industrial pocket abutted the Arts District, and along High Ridge Road, north of Quantum and just south of Miner Road. A PCD was located at the Sports Authority shopping center. Commissioner Casello asked if a boat repair could be located in the Sports Authority building and learned it could not. Mr. Rumpf explained the list was needed for consistency in advertising requirements. The regulations have more details about what is permitted in each district. The C-3 zone was included because staff was proposing boat sales, not repairs or outdoor storage in C-3. Commissioner Casello asked if boats could be sold in the Sports Authority building, but not repairs and learned it could. The Ordinance opened the door to sell small fishing vessels. - R Mike Weiner, Attorney representing the applicant, explained George Rodriguez and he had been working with Mr. Rumpf, and Mr. Rodriquez purchased the former Automobile Museum. At the time, it had an automobile license. Attorney Weiner did not represent Mr. Rodriguez at the time, and did not realize the license was obtained without filling out the correct forms. Other businesses in Boynton Beach had been asking for the ability to sell motorcycles and automobiles other than at a major location. As a result, he approached Mr. Rumpf, who understood it meant jobs and businesses that would stay in the City. Mr. Rumpf reviewed all of the uses related to automotive and boat sales and conducted a thorough study. Mr. Weiner explained a few businesses had one issue, NN Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 which was the sale of motor vehicles and motorcycles are different than they were years ago, in that most are conducted by interest sales. They do not draw a lot of traffic to the location and they do not want to store outside. Mr. Rodriguez just wants to fill out the paperwork for the State when the State asks if they are properly zoned. Attorney Weiner explained the location was a good use for industrial and warehouses and it will not result in any kind of intensive burden at the subject area. It is what the future brings to motor sales and to a host of other items sold in buildings. He requested of all the items Mr. Rumpf proposed, the Commission review this item, because it is the right thing to do for businesses and to be an employer. The business would be a conditional use, so there will not be a precedent set as each use must be reviewed. Commissioner Casello asked if there would be foot traffic. Attorney Weiner responded it would be allowed, but they have not asked for advertising. The signage regulations were appropriate, but it was not the way they were promoting their business. There are hundreds of automotive sites that sell antique, classic and special interest automobiles. The community knows about them, and sometimes post 100 or 200 photographs. The only individuals they attract are the ones who are integrally familiar with the vehicle. Then the sales are arranged. Mr. Rodriguez has no interest in dealing with the general public, and is why they do not need signage or 1-95 frontage, Commissioner Casello requested a map be included when the item returns for second reading. Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote Interim City Clerk called the roll. The motion passed 5-0. C. Approve request for Major Site Plan Modification (MSPM 16-004) to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at the southwest corner of Ocean Avenue and SE 4th Street, in the CBD (Central Business District) zoning district. Applicant: Jim Williams, A&W Architects. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. 21 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 The motion unanimously passed. Attorney Cherof explained items D, E, F, and G are related and Item 14. B will tie into the application. They will all consolidate on second reading. D. PROPOSED ORDINANCE NO. 16-012 - FIRST READING -Approve Future Land Use Map (FLUM) amendment from Local Retail Commercial (LRC) to Mixed Use (MX); PROPOSED ORDINANCE NO. 16-013 - FIRST READING - Approve rezoning from C-3 (Community Commercial) to MU-1_2 (Mixed Use Low Intensity 2) with a master plan for 28 apartments and 11,000 square feet of medical/professional office. Agent: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 16-012 by title only on first reading and noted this item was a legislative determination by the City, and if the applicant wanted to make a presentation to related items on the agenda, the items are quasi-judicial. Attorney Cherof administered an oath to all those intending to testify. He explained the documents included in the City Commission agenda package are part of the record. If other documents will be presented during Public Hearing, the documents need to be identified and copies need to be left with the Clerk. He advised if testifying in any special capacity, the person testifying should identify their qualifications. Bradley Miller, Miller Land Planning, representing the applicant, commented there are four items. The presentation being made only pertains to the land use change and the zoning. Mr. Miller explained the project is located at 601 South Federal Highway at SE Stn Avenue stretching between Federal Highway and SE 4 th Street on the west side. Sterling Village is across Federal Highway to the east, the area to the north is office/commercial, there is vacant land to the west at Pence Park, and the south has an approved and under construction Assisted Living Facility. The application consists of a land use and zoning change, a community design plan appeal, a height exception and the site plan. Mr. Miller reviewed a Future Land Use Map. The site has a current designation of local retail commercial. The zoning map reflects the current zoning as C-3. The applicant proposed to change from local retail commercial to a mixed-use category for the land use, and changing the zoning from C-3 to Mixed Use Low 2 (MU 1-2). All of this conforms to regulations, codes and the Federal Highway Corridor Map. He identified the portion designated for the MU L2 zoning district and pointed out the proposed site was within the MU L2. He explained the maximums contained in the MU L2 chart showed the maximum building area was 78,000 square feet or more and the proposed building had 42,217 square feet. The density was 37.5 dwelling units per acre and the maximum number of units was 45. The height was 65 feet on the west side of the property, adjacent to 4 th Street, and 100 KK Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 feet fronting on Federal Highway. The only thing that did not conform was the 65 foot height limitation on the west side of the property. The building to the east was an office building. The proposal was a mixed-use development proposed for three stories, 40 feet tall, having 11,000 square feet. Mr. Miller explained the site plan reflected a mixed use project. The definition of mixed use in the Code included horizontal and vertical mixed uses. The project was a horizontal mixed use. The building on the west side was an apartment building having multi-family residential at 28 units to the acre, and was seven stories and 65 feet tall having slightly over 35,000 square feet. The nursing home was approved for 63 feet high and the building frontage on Federal Highway allowed 65 feet. From a land use and zoning standpoint, the parcel just south has the same mixed use land use and the same MU L2 zoning. Access was by 5th Avenue south, with parking in the middle of the project. Staff and Mr. Miller agreed to sustainable parking. It is a reduction in parking to promote more sustainable methods for alternative means of transportation. The project included covered and secured bicycle and scooter areas. Compact charging stations were included and Electric Vehicle Charging (EVS) stations were included in compact parking. From a sustainable construction standpoint, the parking area would be a light grey concrete as opposed to asphalt which is less absorbent of heat. The buildings would have white roofs, energy efficient windows, HVAC and more. There would be a plaza in the front area of the building, which is part of the Code and at the request of staff. It was a two-tiered level of plaza. It also provides for visibility on Federal Highway in conformance with the City and the Department of Transportation regulations. A new bus shelter would be included on the south end of the office building to accommodate an existing bus stop, finished in the same architectural style as the other buildings in the development. A second small plaza area was located at 5th Avenue and 4 Street. The southern side has a cabana and pool amenity for the residents. There are 84 parking spaces within the site. The office building is open typical business hours which is when the majority of the residents will be gone and working. In the evening, the residents come home and the office is unoccupied. The office building alone, if completely occupied, requires 44 parking spaces which leaves 40 extra for the residents to use. In the evening, the multi-family building would generate 50 parking spaces. There are 34 spaces on site available for overflow. The Code permits adjacent parking spaces to be included in the project's required parking, which added an additional five spaces. Mr. Miller commented the subject property is in an area that is becoming more urbanized and needs alternative transportation. Part of the Code that is being amended would allow parking spaces on the opposite side of the street of abutting roads to be 23 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 included in the parking calculations. Mr. Miller advised to satisfy the Code for contingency, a center island can accommodate eight additional parking spaces, but it is currently used as open space. The Sustainable Parking Code requires 94 parking spaces, and there are 102 spaces. He also noted a reduction in parking promotes walking, cycling and other alternative modes of transportation, and the location is within the Transit-Oriented District being within a half mile from the train station to the north. Commissioner Casello asked if there was a median on 4 th Street and learned there was, and the median was new and in good shape. Vice Mayor McCray asked if the client would consider enhancing the median. Mr. Miller explained there were some items within the conditions of approval, such as a $16,600 payment to the City for Recreation and Parks, and did not know if those monies would be applied to the median. There were other conditions that would address other external improvements that are being requested. The median appeared to be in good shape and he thought money could be spent elsewhere. Vice Mayor McCray noted the mulch on the median washes out. Mr. Miller agreed to review the median and discuss it on second reading. Mr. Miller explained a Community Design Appeal is an appeal for a circumstance that does not fully comply with all the requirements of the Code. The Code wants the buildings to stretch from property line to property line on Federal Highway and 4 th Street. There are three areas that do not comply with the build too line. The desire of the Code is the buildings be up on the street between zero and ten feet. The first area was on the northeast corner of the site by the plaza area where it was over 20 feet. It provides for the plaza, a handicapped accessible ramp and a planting area where the art feature would be. The south end of the project has an easement in the corner for the water and sewer connections which they cannot build over. Additionally, the bus shelter abuts the corner of the building and pushes the building back 14 feet. Another area in the southwest corner of the project has the cabana and a rail fence with landscaping, which was supported by staff. Mr. Miller explained the project is 65 feet tall, and the measurement extends to the roof deck for a flat roof. The Code also allows a five foot parapet. The area with the height exception is the middle area of the building to accommodate an elevator shaft. The area for the elevator shaft is set back and a height exception is permitted by the Code and per the Code, a line of sight diagram reflected that the rooftop mechanical equipment is not visible from a distance of 600 feet from anywhere on the building. The purpose of the parapet is to provide screening of the mechanical equipment. The height of the building with the screening parapet was 75 feet. Mr. Miller reviewed the elevation and advised Jim Williams, the architect, was available to answer questions. Mr. Miller explained they anticipate using green construction standards. Staff also wanted parking shade coverage. A planting plan showed, at maturity, trees will provide 45% of the shading in the parking lot in addition to construction techniques. W Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Mr. Miller requested the City Commission consider some changes. Lighting would be installed for the development and along 5 th Street. The way the condition was written, it indicated the client had the sole responsibility for lighting, but they will coordinate with the City and FPL and City staff agreed with the change. Commissioner Casello left the dais at 8:38 p.m. Condition 7 pertained to a water line that is along Federal Highway. The property is 150 feet wide from north to south and staff requested Mr. Miller look at that section of pipe. If it is in poor condition, they would replace it. Mr. Miller explained there are impact fees and taxes paid to address the condition and it should be a City responsibility. Additionally, it is such a small component of the three miles of Federal Highway right-of- way, he was unsure how long the pipe goes and if an improvement needs to be made, it would be better for the entire pipeto be looked at and dealt with on a City-wide basis as opposed to piece-by-piece. Commissioner Casello returned to the dais at 8:40 p.m. Condition 9 pertained to fire hydrants and two fire hydrants would be part of the project. One hydrant would be installed on Federal Highway and would be a new fire hydrant. The other existing fire hydrant was on the northwest corner of 4 Street. It is operational and functioning fine, but it was not the new model. Mr. Miller requested they not be required to remove the older functioning fire hydrant as the cost of removing, installing a new fire hydrant, and the design and permitting connections ranged between $20,000 and $30,000. The last condition was 15, which pertained to the architecture. Staff requested they remove some of the landscaped strip along the sidewalk on Federal Highway on the front of the office building. The sidewalk is currently seven-feet wide. There is also a grade change from the sidewalk to the property which would be difficult. Some areas would be removed and paved. The reason staff requested the site provide shade and shelter was for pedestrians and that the landscaping be clustered at the corners of the building. There is a bus shelter. An indented area in the middle of the building is covered for shade and shelter and the main entrance on the north end of the office has another covered area. There is a place for pedestrians to stop about every 20 feet should there be rain. Mr. Miller noted 20 feet was about the length of a parking space and he did not think it was necessary. Mr. Miller also pointed out the building was an office building and one not where pedestrians could peer inside the office window as opposed to retail store. It is a different use. Condition 15. B pertained to the western side of the residential building which faces 4th Street. There are two ground floor units that have private patios. Staff wanted to extend them to have a greater connection to the street and change the doors from a W Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 sliding glass door to French doors. Mr. Miller advised his client preferred to keep the doors secure, There are entrances to the building on the parking lot side, there is also a concierge service inside with a front desk, and the apartment project would be secured all the way around. Security for the office and residential buildings will have 2417 property management on site and surveillance cameras throughout the entire project. Mr. Miller thought it would be better for the residents to have a secured patio area as private space and not invite the public into their units by having them so close to the street. Vice Mayor McCray noted the Federal Highway Corridor Plan was approved in 2006 and asked if what was proposed conformed to the plan. Mr. Rumpf explained the main thing voted on in the plan was the allocation of zoning districts throughout the corridor, and it divided the corridor into four districts. The subject district was recommended for MU L2 which is the zoning district being requested. Vice Mayor McCray noted there are new Commissioners who may not be aware of what was in place prior to their election. Citizens may complain to them, but the plan was in place for over 10 years. He requested Mr. Miller expound on the assisted living building approved for 63 feet. It was taller than the 40 foot office building. Mayor Grant asked if the 63 foot height included the elevator shaft. Mr. Miller explained there was a similar height exception to cover the mechanical equipment and the parapet, but it is measured the same way to the roof deck. Commissioner Casello inquired if the building was 63 feet in height plus five feet for the parapet and five feet for the elevator shaft. Mr. Miller did not recall if the equipment went above the five-foot parapet. Commissioner Casello asked if the plan fit into the new CRA Comprehensive zoning and Mr. Miller responded it fit the Federal Highway Corridor plan very closely. In some instances the height was increased from what the District proposed. Commissioner Casello asked about the EVC stations noting Mr. Miller had verbally agreed to run conduits along each side of the parking lot. Mr. Miller explained the requirement is to provide one charging station and they will provide two. As more electric cars are used, the conduit is there and management of the property could install additional EVC stations. Commissioner Casello asked who would construct the project and learned the project has not been bid. The goal is to find local contractors and laborers to work on the building. Vice Mayor McCray expressed groups come in and say the City is not doing what was requested. He noted Sterling Village always maintained they did not want the project, but now they will have an assisted living facility. When he is approached by citizens, he asks them if they are aware of what is already in place. M-1 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Romelus was concerned about the future use of the facility being used for a drug rehab facility or the like. She asked if that could be a condition of approval and Attorney Cherof responded it was not a permissible condition of approval. Vice Mayor McCray asked if the project was intact and if the client would agree to the conditions of approval. Andrew Mack, Development Director/City Engineer, explained staff was recommending approval as presented. The applicant differed on the water main and fire hydrants, but the rest was fine. He would also speak with Mike Rumpf and Ed Breese about the shading on the building. Staff recommended approval and it was consistent with the Federal Highway Corridor Plan. Mayor Grant asked about the condition of the water main along federal Highway. Mr. Mack explained 500 Ocean actively replaced the water main adjacent to their property, and this is consistently done when the projects redevelop these areas. Mayor Grant understood there are two water mains to choose from. One was a water main along 4th Street and the other on Federal Highway. It would be shorter to connect to the main on Federal Highway. Mayor Grant asked if they would be required to pay to dig up Federal Highway and to stop the traffic. Mr. Mack explained any connection or traffic maintenance that is required to construct the improvements is borne by the developer. Mayor Grant asked if there was anything before 500 Ocean regarding the water mains on Federal Highway. Mr. Groff explained the Utility Policy requires, when a developer builds on a site, if the adjacent infrastructure is not adequate to accommodate the project due to age, condition or size, the developer is required to upgrade and/or change it. Nearly every project would incur this Cost, unless it was on a brand new system or a new development. Mayor Grant asked if the property to the south was responsible to replace their main. Mr. Groff replied he would have to review the property. Mayor Grant asked if the City was requiring one property to replace the water line, but not the property to the south. Mr. Groff explained starting two years ago, the answer would be no, but he did not know what was approved eight years ago. It also depended on where they were making the connection, but it was a standard practice. 500 Ocean was one project that replaced the water line and Casa Del Mar was replacing several. The existing lines are old and brittle and would likely break the line if working within 20 feet of the line. Mayor Grant asked what would occur if they fixed the line and then the north or south property line broke. Mr. Groff explained if it is determined it is due to their construction, the City would pursue third-party damages and try to recover the costs. He explained if it was something that was broken, off the site and not associated with the construction, the City would make the repair. Mayor Grant's issue was all the water lines along Federal Highway need to be replaced. Mr. Groff explained a lot was already replaced. Mayor 27 Meeting Minutes City Commission Boynton Beach, Florida Grant wanted to check to see what was south of the property. Mr. Groff agreed to check. Commissioner Casello asked the size of the water line along Federal Highway and learned it varied between eight and 12 inches. Mr. Groff thought it was an eight inch asbestos concrete line. If it needs to be increased, the City will cost share with the developer based on the formulas contained in the Code, Commissioner Casello asked if it was a concern the lines along Federal Highway are pieced with old and new lines. Mr. Groff responded the City has a project in the 15 year plan to replace what has not been replaced along Federal Highway, but it was not in the first five years. He explained it was typical of what they do all over town. They develop and replace pieces of it. They do not want to have a new development and then have to open the entire road in front of the development, when new sidewalks have to be torn up. The idea is to replace the line while it is open. The sections the City would be addressing are the older sections. Vice Mayor McCray asked if the City was cost sharing with 500 Ocean and learned the City was. The developer paid for most of it, and the City paid for a portion of it because the City needed to upsize lines for future development. Future developments will pay impact fees and the City will recover the shared cost. Mayor Grant asked if there were newer hydrants on SE 4 Mr. Groff eglained there are 300 new hydrants in the system, but did not know if they were on SE 4 Street. Any new development is required to use new hydrants. The City replaces 50 to 70 hydrants per year with the new hydrants that are more secure hydrants for water quality and for protection. They cannot be opened during the summer when it is hot. Vice Mayor McCray was concerned there was an old hydrant on one corner, a new one on the other corner, and asked if the Fire Department could use either. Mr. Groff explained the wrench used on the new hydrants will work on the old hydrants, but not in the reverse. Each fire truck has the new wrenches and they are serial numbered. The Department knows who is assigned to the wrench. There are also spares. Vice Mayor McCray noted Chief Glenn approved of the wrenches. Commissioner Casello noted a condition of approval was both hydrants would be new and learned the developer would only replace the old hydrant. Mr. Miller commented the water line was not required to be replaced as part of the assisted living facility. Mayor Grant thought because the City was not asking the property to the south of the project to replace lines, that they would not ask this property, because they are trying to build at the same time. Commissioner Katz noted the developer did not want to take on the additional cost, although it has been the past practice for the last two years. He did not want to make an exception to the precedent. 9M Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Mayor Grant received a letter from the Florida Department of Transportation (FDOT) indicating Federal Highway will be replaced in two years. Ms. LaVerriere clarified the FDOT project was an overlay paving project, no sidewalks would be addressed. Mr. Groff explained this was a condition of the site plan and they do not conduct a detailed review of the project. Once staff reviews the project things can change. Staff asks the condition based on what is known. If the detailed review shows the pipe is PVC, it would not need to be replaced. Currently, based on the maps and known history of the infrastructure, staff believes if the developer tries to connect to the line, there would be major issues. If it is not needed, it does not have to be required. The detailed staff review is held after all the approvals are given, and the condition adheres to the City's policies and ordinances. Mayor Grant opened Public Hearing. Richard Tufano, 205 A N. High Point Boulevard, commented he could walk to the project and he noted there was a review of the Consolidated Plan. The Commission has the right to decide the height of the project, and he hoped it would be scaled down. The residents were promised if they agreed to the higher central core area, that it would not flow into the other areas. He commented the project is high by two stories from a bulk, height and parking standpoint. Las Ventanas was five stories and this project would be oversized. There are one story single-family homes to the south, a public park and parking on West 4 th Street is partially for the park, which was heavily used. He requested the City Commission consider the project carefully and think about the precedent they would set by allowing the height restrictions to creep down the highway. He commented a speaker earlier in the meeting discussed nodes and he agreed with the points made earlier. Residents do now want a high-rise effect to continue down Federal Highway. No one else coming forward, Public Hearing was closed. Mayor Grant commented the project was a mixed-use project and the City would receive sorely needed office space on Federal Highway and in Boynton Beach. He hoped if office space sold out in the project, there would be more office space, because office space means higher paying jobs. As for conformance with the plans to be built, if they do not adhere to them, they would create an eyesore. He supported the plan. Attorney Cherof explained the Commission should address each ordinance separately and he had only read Ordinance 16-012. Vice Mayor McCray moved to approve on first reading. Commissioner Katz seconded the motion. 29 Meeting Minutes City Commission Boynton Beach, Florida Vote June 21, 2016 Interim City Clerk Pyle called the roll. The vote was 4-1 (Commissioner Romelus dissenting.) Attorney Cherof read Proposed Ordinance 16-013 by title only on first reading. Motion Vice Mayor McCray moved to approve, Commissioner Casello seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 4-1 (Commissioner Romelus dissenting.) Attorney Cherof recommended Items E, F and G be tabled so their approval would coincide with the second reading of the foregoing ordinances. i Commissioner Katz so moved. Vice Mayor McCray seconded the motion to table. Vote The motion unanimously passed. E. Approve request for a Community Design Plan Appeal (CDPA-001) of Chapter 2, Article III, Section 5.C., "Build-to-line", which requires buildings to be constructed with a build-to-line of 0 to 10 feet, to allow setbacks of 30 feet, 19 feet, and 45 feet for three (3) locations on the site. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) F. Approve request for Height Exception (HTEX 16-001) to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU-1_2 (Mixed Use-Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items - (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) We Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 G. Approve request for New Site Plan (NWSP 16-002) for 28 multifamily units (rental apartments) and 11,000 square feet of medical/professional office on a 1.2-acre parcel located at the southwest corner of Federal Highway and SE 5th Avenue in the MU-1_2 (Mixed Use-Low Intensity 2) zoning district. Applicant: Mike Bertino, 601 SE 4th Street LLC & 601 S. Federal LLC. (This item should be reviewed in conjunction with the corresponding Land Use Amendment and Rezoning items (LUAR 16-002) but TABLED to facilitate simultaneous action on all related items at time of 2nd reading of Ordinances on July 5, 2016.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 112. NEW BUSINESS A. Discussion of Quantum Park Overlay District requested by Commissioner Katz Commissioner Katz explained concerns were raised and he reviewed the history of the Quantum Park Overlay District and the finances to operate the District. He concluded some changes could be made to improve the quality of service to lower the overall cost which would benefit residents that live in the Overlay District. The City Attorney prepared information regarding what steps to take and what the Commission's rights are as the entity that created the District about 10 years ago. Attorney Cherof explained in December 2014, there was a request from the attorneys from Olen Properties Corporation that the City Commission consider either removing the Board members on the Overlay District at that time, or dissolving the Board and the City assume the responsibility for the activities the Board was responsible for. He noted the process for allowing a rebuttal to the request had started, but was tabled and the issue remained dormant since the beginning of 2015. Attorney Cherof recommended that if the City Commission wants to address the issue about the best outcome of the activities of the Quantum Park Overlay District, they resume the process and allow the parties to renew to the new City Commission what their positions are about either replacing Board members, dissolving the Board or allowing the Board to continue in its current capacity. He recommended that presentations be made and suggested 20 to 30 minutes for each side of the debate occur at a future time. Commissioner Katz requested this item be put on the second meeting agenda in July to give the parties time to prepare and bring back their positions. Attorney Cherof agreed it would provide a fair amount of time for the District to make a presentation and for him to provide the legal options regarding the Overlay District Board, its operations and what the City's responsibilities would be if the City Commission discontinued the Board. 31 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Commissioner Katz moved to remove from the table. Mayor Grant opened public comment. Marty Perry, Attorney for the Quantum Park Overlay District, commented the issue arose and a presentation was made on behalf of Mr. Olenik. They were not afforded or prepared at that time to provide a response to their comments. He did not oppose making a presentation in July, and would consult with the Board. Vice Mayor McCray left the dais at 9:15 p.m. Attorney Perry suggested to Commissioner Katz that the District Manager, would be happy to meet with the City Manager and any member of the City Commission to review the District's budget. Attorney Perry explained his understanding of the issue was whether or not there was double taxation, noting the District maintains a strict budget and is responsible for a significant amount of maintenance within the District. City taxes are not applied to any of the maintenance, and if taken over, the City would assume the responsibility for about $500,000 in expenses annually that is paid by the District and the taxpayers in the District without the support of any other taxing entity. Additionally, there is about $2 million in debt which was incurred for capital improvements that were made to the roads that were then conveyed to the City and the City would have roads they would not have to maintain for a period of time. He commented they could discuss their position during a period of rebuttal, but it could be done via meetings with the City Manager and the City Commissioners. He recommended the City Commission review the budget. Vice Mayor McCray returned to the dais at 9:16 p.m. No one else coming forward, public comment was closed. Mayor Grant did not think the City should take on more debt, and if they tried to take it on, they issue a special taxing district which was occurring. He thought they were doing a good job and there was no reason to move forward. He thought they could review the issue when the bonds are paid. Commissioner Katz clarified the logic is the City taking over operations could reduce the cost of operating the Overlay District, which would allow the City Commission to bring in extra funds and pay off the debt in a much quicker time period. If the City Commission could more efficiently operate the services provided by the District, it will save money which will be applied to debt finance, eliminating the debt faster, and the City Commission will not be taking on any additional debt that they would not be able to pay through the same funding process. He explained the City could operate the area at a cheaper cost since there are duplicate services. He sought to eliminate redundancy in 32 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 government and Commissioner Katz thought if there was a more efficient way for a government to operate, the City should pursue those options. Mayor Grant opposed the idea indicating the City would not receive any funds if they operated an overlay district because a special taxing district would have to be created for them, and it was unknown if the Board was operating the District any more efficiently than the City could. Commissioner Katz commented he was looking for transparency and the ability to make a determination. He thought not addressing the issue would signal the City Commission does not care about finding a more efficient system. 6 Commissioner Casello moved to address this issue and have both parties present tc present the case in 20 to 30 minutes and make an informed decision at that time. Commissioner Katz seconded the motion. Vice Mayor McCray requested the City Manager and City Attorney gather information and provide it to the City Commission before the presentation. Vote The motion passed 4-1 (Mayor Grant dissenting.) B. Discuss the current City's position of requiring private canals to be maintained by the owners of the canals. Requested by Commissioner Romelus. Commissioner Romelus explained residents wanted to speak to the issue, which was ongoing, and there was a communication break-down. She wanted the City to provide direction how this matter would be handled in the future. She explained there was a situation with Lake and Diane Drive and the adjoining canals abutting Delray Beach. The City had maintained the canals for the past five years. There was a temporary easement to allow the City to maintain the canal which ended October 2015. When the period ended, there was a communication break down and the City was communicating with an individual who held himself out that he represented the entire community as a whole. Vice Mayor McCray appreciated Commissioner Romelus raising the issue. He recalled this has always been a problem from the time he began as a Commissioner. He favored bringing closure to the matter so the City and the citizens will have direction and the matter will not repeat itself. Each year, the issue repeats when canal problems start. Beverly Agee, 832 SW 33r Place, Plat 4, explained her property was located south of Mission Hill and east of the E 4 canal, which is supposedly maintained by the Lake Worth Drainage District. She thanked Commissioner Romelus for puffing the item on 33 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 the agenda to provide the City Commission with information. A workshop was held May 23 but the residents did not have the opportunity to give the entire Commission all the information they have. She extended greetings to all on the dais and acknowledged Vice Mayor McCray's comments, pointing out this was the third time she spoke on the issue in the 18 years she lived in the City. Each time, the City Commission cleaned the canals. She explained although the agenda listed this item as cleaning of private canals, the City has cleaned the canals for 44 years, since 1972 or 1973. She advised she would submit Lake Eden Plat 4 and Lakeview Harbor. She commented there was no issue with Lake Eden Plat 2 because there are no canals. She got involved with the issue in 2002 and she was going to provide information, but realized it was already part of the City's records. She contended the canals are public to be maintained by the City. The definition for it to be public and maintained with public funds is the canals are open and used by the public as opposed to a private situation where the public has no right to travel. Every case she reviewed about maintenance involved roads, not canals. The residents know the public uses the canals and they are public because they have not been told the public cannot use the canal. The residents have not blocked them or installed no trespass signs, Ms. Agee was surprised about the notice issue as residents did not receive notice. In 1969, the City said they would not develop any more projects and if there are canals, they must be private. The canals for the two projects she previously mentioned were maintained although they were private. She explained individuals called their Commissioners, the Public Works Department and the City would use pellets or spray the canals in the 1970s. She referenced two documents from 1973 and 1982 wherein the City agreed to spray. Ms. Agee noted there were meetings held in 2002, one at a church on Seacrest and another at a City Commission meeting and the Commission agreed with former City Manager, Kurt Bressner, that there was a public interest in maintaining the canals. There were no licenses between 2002 and 2010. In 2010, the City indicated they wanted a license from the residents, which many gave and the City maintained the canals for another five years. In December 2015, the residents were not officially notified. Ms. Agee thought the residents should have received a letter indicating they should speak with the Commission because the City was no longer maintaining the canals. She explained the residents that would speak are bringing evidence of a public nature and asserted people use the canals and it did not matter what the documents say. Public bodies cannot appropriate funds without a reasonable and adequate public interest. She advised there is a reasonable and adequate public interest. Ms. Agee explained plats are documents the developer has to file. Plat 4 pertained to her property and she noted the following language is used, "Canal easements shown herein are not part of the Lake Worth Drainage District, and the canals within said easements are for the use of the adjacent thereto and are not to be obstructed." She explained the language would not permit them to install no trespass signs. She 34 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 commented the Grimes Manufacturing Company that built Plat 4 indicated the Grimes Manufacturing Company has caused the platted area to be surveyed and platted as shown hereon, and hereby dedicates to the perpetual use of the public, the rights-of- way and easements shown hereon for the purposes expressed. Ms. Agee explained the residents were not given notice they were supposed to maintain the canals and given notice that they were public. She noted the language pertained to Plat 4. She explained there was a difference in the plat for Lakeview Haven. Those residents were notified as the builder told them through the plat that the residents were responsible for the canal. Ms. Agee explained it did not matter, because the City agreed in 2002 and 2010 that both plats would be treated the same. She reiterated the City did not provide notice, it was detrimental to the residents, and it was egregious. Mayor Grant inquired if the residents were suing the City and Ms. Agee replied they were not at that stage, but the residents wanted to talk. Ms. Agree explained she is an attorney and she was trying to speak to the Commission. Mayor Grant explained she could set up meetings and the City was trying to hold its meetings. He noted she spoke for over eight minutes. Commissioner Casello thought Ms. Agee should speak. Commissioner Romelus apologized to Ms. Agee on behalf of what had just occurred and asked her to continue. Ms. Agee explained there is the argument of estoppel which she tried to make in 2002. The City is estopped from arguing the canals are not public. Mayor Grant /eft the dais at 9:32 p.m. Ms. Agee explained the issue of the public and estoppel pertains to the Florida Constitution which requires public monies to be used for public interests and ventures. She argued this year the residents have an issue of estoppel. Ms. Agee explained when she raised estoppel she was told there is no estoppel because there was no damage. She explained there was damage as they did not receive notice, and by lack of notice, the residents did not realize the City changed their position and would not maintain the canals. She commented the doctrine of estoppel is applicable when property owners rely on good faith upon an act or omission by the government has made a substantial change in position and it is highly inequitable. She noted she found some case law that indicates in Florida, estoppel can work against a government entity, when they relied in good faith on the City cleaning the canals, as they did it for 44 years and since 2002. The City made an act or omission by not sending formal letters to residents, and by not notifying someone who claimed they represented the City. She advised she represents herself, not the City or the homeowners. She explained the omission occurred in January when the license terminated by operation of the agreement, and no one approached residents about renegotiation the license or discuss another method. She explained the residents are interested in working with the City, not suing them, and requested the City understand the position of the residents. 35 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Ms. Agree explained the canal was a substantial problem for them as the canal has weeds. She explained there was no way for the public to use the canal at the present time or get the boats out. The residents reacted in reliance of what the City did for 44 years and in that reliance, the residents are troubled the City did not notify the residents. She claimed it was unjust to the property owners to make them pay for canal maintenance and emphasized how important the issue was to the residents. Jeff Shellnut, 752 SW 33 Place, a marine biologist with studies in coastal zone management, was disappointed in the City because they were not given notice and it created a health risk for the county because it creates a breeding ground for mosquito borne illnesses. He noted there are fish that eat mosquitos that land in the water and lay eggs, but they cannot get to the top of the water, He thought the matter could have been easily addressed. He commented when the City realized it "messed up," they should have sent notices and met to talk about the long-term situation. He noted the issue was lingering for a month and now it was summer and the vegetation would soon cover the entire lake system regardless of how much is sprayed. He commented they would take care of it and they will do it, but he cautioned the City Commission what was done was opening a Pandora's Box. For 44 years, there was never an issue and the canals always had an unencumbered use as was with the lake system. Mayor Grant returned to the dais at 9:39 p.m. Jean Cairo, 822 SW 33 Place, lived at the property for 17 years and the City took care of the canal the entire time. Each day boats use the canal, and people fish, kayak, and jet-ski. The residents do not have a HOA and the canals have always been handled by the City. It had never been put in their lap and she had not received a letter or anything, only that there was a clean-up in progress. Stefanie Blais, 3408 Diane Drive, thanked the City Commission for adding the item to the agenda and allowing the residents to sit in Chambers for three and a half hours. She thought it was rude of Mayor Grant to make that comment to Ms. Agee, and thought he owed her an apology. She and the residents met on May 23 for a meeting and were now dealing with new faces who needed to hear the history of the matter. She lived at her address for 30 years. She did not mind having jet-skiers and bass fisherman coming down the canal at 7 a.m. She likes to sunbathe and has an open seawall. Water enthusiasts cannot use the canal and she did not like the way it looks. She asserted it was a health hazard. Birds walk across the canal and they do not know if there are alligators in the canal. She reminded all of the alligator tragedy that recently occurred in Orlando. She thought the City was taking on the liability of something happening on the canal. The vegetation is thick and wildlife and other disease carrying animals cross. She did not think anyone would want people getting sick on their hands because of the canal situation. Guisippe Barbalacko, a resident of Diane Drive since 1989 explained the canal was always clean and his children would swim and water ski in it. He commented it is a 9� Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 mess and the water is starting to stink. He noted last week, the City sent a worker to clean up by the culvert, and someone stretched a net across the canal to stop the debris from travelling. Yesterday he stuck a stick in the culvert and there is about a foot of sand inside the culvert, which is why the weeds do not flow. Robert Gallik, 3724 Diane Drive, explained a Palm Beach Post article indicated Mr. Groff said not all residents were notified. He was not notified nor did he know of anyone on his street that was notified. He claimed the canal was a public use and he does a lot of bass fishing and has been down the other four canals. He guaranteed boaters entering the canal from the bridge area, if told the canal was private, would ignore the issue and travel on through. Mr. Gallik expressed all the canals as public and everyone who uses Lake Ida considers them to be public. He advised he is trying to sell his house and he is asked if the canal looks the way it does all the time. A new neighbor noted the canal was not in the same condition it was four months ago. He commented raccoons are not walking across the canal, but there are birds, Mr. Gallik owned his lot for 28 years and built on it 12 years ago. He thought there was a loss of property value if the canals continued in their present condition and if the City maintained the canals for that long, they should continue to maintain them. He thought the City could speak with Lake Worth Drainage or Palm Beach County because they may be able to assist in addressing the canals because the weeds flow down Hunters Run Canal, go to Lake Ida and then enter the canals. Once in the canals, all the run-off and fertilizer coming from Hunters Run fertilizes the weeds that get trapped and cannot flow and continue to grow. Since the City allowed that to happened, the canal cannot be maintained easily. He commented the canal was full. He understood the City made some sort of a deal with one of the homeowners and put him in charge as the director of the clean-up on Diane Drive canal. He noted there was City equipment removing weeds on the other side and he noticed someone strung a net across the canal to keep it clean so their homes are not impacted. Mr. Gallik emphasized the City needs to maintain the canal as they had previously done a good job. Commissioner Romelus commented the residents spoke about communication and she requested Colin Groff explain what occurred. Mr. Groff responded the City became aware in December 2015 that there was a five-year licensing agreement that expired and there was no longer a temporary easement to allow City staff to spray the canal. He became aware of that in December 2015 and it was discussed internally. Staff started meeting with residents. He commented hindsight was important and he wished he sent a letter, but it was not a requirement. There was a signed agreement indicating the term was five years. The City met with at least 15 or 16 different residents on Diane Drive in January and other residents from the other drives. At every meeting, staff was told those attendees represented the neighborhood, but in hindsight they were not and they were not telling everyone what was occurring, while staff thought they were. There was a detailed document prepared in 2009 by City staff for the City Commission on the matter. After reviewing all the documentation, it was very clear that the canals were private property, just like roads in many subdivisions in the City, just like other canals in the City, as there are several private canals. The recommendation from staff, because M Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 it was a big issue across the City at the time in 2009 and 2010, and because the City had to address the City owned canals, they would address them all if the residents signed the five-year license, which was done. When staff looked at the issue in December, the law was very clear, it is private property, and the City could not expend funds on private property. As to the question about the public use, Mr. Groff explained there are many roads and canals the public uses, but the City does not pay to maintain. The public drive the roads every day but the homeowners maintain them. Staff reviewed the information which caused the communication problem. Staff thought they were communicating with the neighborhood, Mr. Groff attended seven or eight meetings in the field with different homeowners. Mr. Gallik explained the Palm Beach Post article came out and responded to the article online saying higher taxes are paid by residents that live on the canals and the City benefits from the tax dollars. The great fishing and water sports are used by the citizens of Boynton and Delray Beach. The canals are not land locked and are public use canals. The City could use some of the higher taxes paid for these residents to maintain the aquatic growth that flows in from the Hunters Run drainage canal. Runoff from western communities travels down through Hunters Run Canal into Lake Ida along with the weeds. He also posted it on Facebook. Ben Suskind, 3418 Diane Drive, explained during the past week he begged and asked neighbors for help. He believed the best way to move towards progress was action. What he accomplished by himself was done with his money to help alleviate part of the problem. He spoke with Mr. Groff, who indicated the City could assist a bit, but he could not move funds. Mr. Suskind explained he would use his time and his employees on the water to do what could be done. The net across the canal is between his property and the owner across the canal as he owns the canal up to his neighbor's property across the canal. His plan for the next day was to move the net another 20 feet. So far it has been a couple boats, gas, equipment and supplies have been used. He had two bids from Aquagenics and another company to clear the canal. He proposed to write the check. If anyone would sue the City, it would be him if he fronts the funds and the City does not response. If he writes a check for 50%, he would seek the entire amount from the City, Mr. Suskind explained Mr. Groff had advised the City would help out a little bit. They worked hard for a week and made slight progress and also upset more neighbors, as they cleared four houses and there are 37 on the canal. His background is in property image. The ensuing damages from the canals are horrible. He commented in reference to complaints of boats and jet skis, his were broken. He was not requesting the City fix his "toys" only the waterway that belongs to the City. Ms. Agee appreciated what Mr. Suskind did for Diane Drive, but pointed out he claimed he was operations manager and that Mr. Groff made him the operations manager, and W Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 he used City employees and trucks to remove some of the weeds from the culvert which is a City right-of-way. She pointed out he could not do so with Plat No. 4. If the residents would do anything, they would not work through him for Aquagenics. The residents preferred to work on it themselves or with the City and the residents believe the City should address it based on 44 years. Ms. Agee appreciated what was done for Diane Drive, but it was not her canal. Commissioner Romelus commented Mr. Suskind decided on his own to address the vegetation and does not represent the residents. The City did not request he do so. Mr. Groff assisted by sending City employees to the right-of-way to collect the weeds as they were pushed there. Mr. Groff agreed and explained City Ordinances with sanitation has a rule employees will pick up debris residents place in their yard, and vegetation is debris. When it gets down around the culvert, City staff cleans it and hauls it away if it is in the right-of-way. Mr. Groff also mentioned there may be some issues on the south side of the bridge the City could assist with that is on public property, which may alleviate most of the problem. The City is working within the rules and regulations it has to try to help all neighborhoods as much as possible. Commissioner Romelus had requested Mr. Groff contact the Inspector General what their position is if the City spent public money on the property. Mr. Groff explained the Inspector General does not give specific answers, but his advice to the question was he would highly recommend not spending public funds on private property, with the caveat there is extenuating circumstance, such as public safety. Mr. Groff noted residents were claiming there was a public safety issue. Staff examined the issue and did not believe it was a public safety issue. This was one location in the City out of several that experience the same situation. The City will work with residents within the Statute. Mayor Grant asked if the Statute was new and if the City maintaining the canal from 2010 to 2015 was within the Statute, Attorney Cherof explained the last time the City maintained the canals after a search of the title records to determine which canals were private and public, the City Manager at the time made the evaluation, which he recommended at a Commission meeting that he could determine there was a public purpose for cleaning the canal for a period of five years. The property owners had to consent and sign documents that would allow the City to enter private property. Everyone understood five or six years ago, that there was a five year clock. Mayor Grant inquired if they could extend the clock one more year. Attorney Cherof responded they could not. There is no dispute the canals are private property. Attorney Cherof explained one thing left out of the discussion about the plat is the plats contain language that very clearly says the responsibility for maintenance and weed cleanup belongs to the private property owners. To extend it for an additional year, the City Commission will have to make a determination that there was a public purpose, as Mr. Groff had alluded to, as something of the nature of an emergency or public detriment and if challenged, a private property owner elsewhere in the City may want KN Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 the same thing done to their property. The only body that can make the determination of a public purpose is the City Commission, not the City administration. Mayor Grant asked if the City Commission made the determination there is a public purpose to clean the canals for one year, it would be legal. Attorney Cherof responded as long as the City Commission identified what the public purpose is and there is a justifiable factual basis for doing so, they could. Someone on the City Commission would have to make an argument for it based on fact and the majority of the Commission would have to agree. Commissioner Romelus explained the public purpose the residents were referencing was their property taxes. Their property values are decreasing and they are being affected. Attorney Cherof explained that was not a public purpose. He noted a comment made that they pay additional taxes, and they should get an additional benefit or service from the City. He clarified there is no legal basis to that perception, as it means that affluent individuals that own homes with higher property values would be entitled to more services than those who do not have that level of property value. Mayor Grant noted there were flyers in the back regarding Zika, and he proposed, based on the Zika virus affecting south Florida, he declared it was a public purpose to clean up the canals. Motion Commissioner Romelus moved to extend the clean-up effort for one year, and it be very clear the City will not continue past that point. She also requested contacting the County to establish a Municipal Service Benefit Unit (MSBU), so in that one year timeframe while the City is addressing the canals, the residents can continue the effort thereafter, and the City Commission does not have to continue to deal with the issue back and forth every single year. Attorney Cherof requested she add to the motion that the property owners provide the requisite consent to enter onto private property to do that. Commissioner Romelus amended her motion to add the language as stated, and also a few months or weeks in advance, the City provide proper communication to each and every resident through a paper letter that the City Commission is done and the process is ending. Mayor Grant asked how much notice and Commissioner Romelus responded 60 days' notice. Attorney Cherof explained they could provide the 60 days in the consent document and eliminate the need for the additional letter. Mayor Grant preferred to send the extra mailing. Commissioner Casello noted Mr. Groff had indicated there are other privately owned canals with the same issue. He asked if using the Zika virus as a public purpose, if the ME Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 other private canal residents could appear before the City Commission for the same service. Mr. Groff explained there is an agency that sprays for mosquitos and the City could contact them. Commissioner Casello received confirmation from Mr. Groff the City could address the mosquito problems without cleaning the canals. Commissioner Casello thought it was a slippery slope. The City cleaned the canals for 44 years, and pointed out when the residents signed the agreement five years ago, it indicated it was only for five years and it served as a notification. He was not comfortable cleaning private canals under the banner of Zika. Commissioner Romelus commented the City was not cleaning, they were spraying, and according to documents, the City was only spending about three thousand plus dollars to do so over a year. Mr. Groff explained there were two different subdivisions with five canals in total and one canal in the Lakehaven Subdivision and the other was Lake Eden Estates having four canals. The estimates were $3,600 for the four canals, and $3,600 for Lake Eden because they had about the same canal length. Mr. Groff commented two of the canals were already being sprayed by the neighborhood, as they collected money and hired a contractor. He was unsure how the City would handle the matter. There are issues of property access. He explained cleaning the canal and Zika were two different issues. Mayor Grant thought it would fall Linder prevention, to remove potential mosquito breeding sites. He thought any time a virus could affect citizens, it would fall under public safety. He was aware there is state and federal funding available to help eliminate public safety issues. Moving forward, the City Commission was acting for a particular purpose to eliminate the Zika virus breeding sites at the canals. He asked if the City Commission could make a determination if there are breeding sites at the canals. Commissioner Katz commented the City Commission cannot use Zika as a justification as there is a new mosquito borne disease identified every year from every region in the world and there are dozens of private canals. If the Commission determines to find a way to pay for it, it would be fine, but by using a mosquito borne illness, the City was indicating was responsible to service various canals. He was unaware of any Zika viruses on Diane Drive and sympathized with the residents. He believed there was a better way to resolve the matter than resorting to calling the canals a Zika infested area. Mr. Gallik suggested the City clean up what it did not take care of because the City did not inform anyone at the end of the agreement, and the residents will take over from there and the City can bill the residents from that point forward on their water bill. He spoke to individuals on the other canals and it is $108 a year to keep their canals clean, and those residents could not wait any longer for the City because they were afraid of the way their canals looked. If the charge was on the water bill, all would be happy with the City and it would get the City out of its position. He noted there were many comments made, but the City has a backhoe cleaning out the canal. He thought the Commission understands there is a little bit of cleanup the City is responsible for. a Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 He thought it would take four months of spraying to address the issue and did not think a harvester would be needed. He acknowledged the spraying would stink, but four or five weeks later it would all be addressed. Mr. Gallik explained he owns all the way across to the other side of his canal and that the City should administer the program because he did not think Diane Drive could get the whole thing done the way it is supposed to be done. Commissioner Casello asked if the individuals who addressed the canals on their own could request reimbursement from the City. Attorney Cherof thought it was a possibility and pointed out one individual indicated he would sue the City for his out of pocket expenses. People could make demands or file lawsuits. Vice Mayor McCray commented it was a five-year agreement. He disputed the City caused the problem and emphasized five years means five years. He did acknowledge there was always a problem with the canals at that location. He questioned the City going on people's property for 44 years, and inquired why do something different than was done before. Each time the canals came up, former City Manager Kurt Bressner gave them a five year period indicating it would end in five years. Mayor Grant noted there was a motion previously made by Commissioner Romelus regarding the Zika virus public purpose to clean up the canals in Lake Ida and Lake Eden after getting a license from affected property owners and with a one year term and a 60 day notice of termination. The motion died for lack of a second. Motion Commissioner Romelus moved to create an Municipal Service Benefit Unit (MSBU) so the City can help the residents find a long term solution to the issue and the issue does not continue and the City Commission does not have to address the issue every year when there are instances when weeds grow and the City stops taking care of it. Attorney Cherof explained Municipal Service Benefit Unit, (MSBU) or taxing units are created by the County. The City would have to petition the County. It is a taxing unit that is on the tax bill. The cost is spread and the funds generated are used for the specific purpose of canal cleanup or treatment. Ms. Agee explained Plat No. 4 never gave the homeowners the right as the canal is public and was different than Diane Drive. She reiterated the way that Grimes wrote it, made it public. She corrected the record as the City Attorney had commented the requirement was written on the plat that the homeowners would be responsible, but it was not written on Plat No. 4. She commented many residents sent checks to the City and they would like to work with the City. They are devastated with what they have. The residents still think the City's failure to notify put the City in a difficult position. She noted the Mayor asked if the residents would sue and asked if the City wanted a lawsuit over the fact the City did not notify the residents when they should have, could have and would have. She thought it was a lawsuit waiting to happen and it was not helpful. She Elm Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 thought they should review what they have in terms of funds sent by the Lake Eden residents, Plat No 4 and if enough, they use that money to clean up the canals this year. She still wanted a long-term solution and she liked the idea of putting the fee on the water bill. There was no HOA and no other way to accomplish an end through a non- voluntary association. The City required the developer to do so, but when the City approved the plat and the development, they did not look to see if there was a Homeowners' Association created to clean up the canals. Commissioner Romelus explained the MSBAU would address that issue, Commissioner Katz seconded the motion. Vote The motion unanimously passed. Mayor Grant explained the motion was the City would request the County create a Municipal Service Benefit Unit, or taxing unit. The Commission has not found a public reason to clean the canals, as the Zika virus is not a public purpose. Mr. Groff explained the City offered and resident sent funds to work on the immediate problem and staff would work with it and develop solutions within the framework established to solve the immediate problems. Staff has options within the current regulations that are in place. Attorney Cherof clarified the City received 18 or 19 letters back in response to what the City sent. Fifteen letters included checks and slightly more than half submitted checks with some kind of condition that the City assume responsibility. Even with all 15 checks, the amount was not sufficient to cover the cost and the City did not cash the checks. Mr. Shelnut thanked Commissioner Romelus and Mayor Grant for trying to work with the residents on a public safety health issue although the other Commissioners do not believe mosquito borne illnesses is a public safety issue. He commented there was now a Pandora's Box and the public will suffer with respect to the canals unencumbered use. He mentioned there are angry citizens who may decide to call the Police every time someone rides down the canal, which nobody wanted. He asserted the City created the issue. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None 1. City Services Survey for the CRA W Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 C. New Assignments -- None Commissioner Casello requested the CRA Advisory Board review the new CRA Comprehensive Zoning Plan. Ms. LaVerriere explained she was working on the CRA Advisory Board reviewing further presentations and working with Ms. Brooks on the agenda. 14. LEGAL A. PROPOSED ORDINANCE NO. 16-014 - FIRST READING - Storage Tanks, Silos and Hoppers (CDRV 16-004) Approve amendments to the Land Development Regulations, Chapter 3, Article V. Supplemental Regulations, Section 33. Generators and Fuel Tanks to expand the provisions and standards that regulate storage bins and silos for use by the micro-brewery industry. Attorney Cherof read Proposed Ordinance No. 16-014 by title only on first reading. Vice Mayor McCray asked how they would look. Mr. Rumpf responded they will look like tanks, and have height standards and setback requirements. The tanks would be outside, and they could be painted to match brandings or logos as signage was allowed. Commissioner Casello left the dais at 10:23 p.m. They could also be basic steel and the tanks could be up to 45 feet in the M1 Zoning District or 10 feet above the structure if it is less than the maximum height. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 4-0. (When Commissioner Casello returned to the dais at 10:26 p.m. he was afforded the opportunity to vote on this item as he had left the dais. He voted affirmatively for a unanimous vote of 5-0.) B. PROPOSED ORDINANCE NO. 16-015 - FIRST READING - Sustainable parking (heat island effect) and on-street parking (CDRV 16-003) Approve amendments to the Land Development Regulations, Chapter 4, Article V. Minimum Off -Street Parking Requirements, Section 3. Special Reductions for Sustainability to include lowering the heat island effect as an additional eligibility criterion for infill or redevelopment projects, and Section 4. Exceptions to Providing Required Off -Street Parking to allow, in limited circumstances, parking spaces on both sides of the street to count toward project parking requirements. 44 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 Attorney Cherof read Proposed Ordinance No. 16-015 by title only on first reading. Vice Mayor McCray moved to approve, Commissioner Katz seconded the motion. Commissioner Casello returned to the dais at 10:26 p.m. Vote Interim City Clerk Pyle called the roll. The vote was 5-0. C. Pursuant to Section 286.011 {8), Florida Statutes, the City Attorney is requesting a private attorney/client session of the City Commission to discuss the following lawsuit which has been served on the City of Boynton Beach: Fernando Bass, Plaintiff v. Jeffrey Katz, as Chief of Police of the Boynton Beach Police Department, in his official capacity, Detective Christopher Crawford, and Officer Alex Moreno, Defendants - in the United States District Court for the Southern District of Florida, Case No 9:1 5-CV-81734-Midd lebrooks/B ran non Attorney Cherof explained this item was a request for a closed-door session for now two cases: the Fernando Bass case as noted in the agenda backup. He requested during agenda approval to add a closed-door session on the City of Boynton Beach versus Frank Janots, et al. Together the two cases would take approximately one hour to discuss. He requested the City Commission meet start and hour or an hour and a half before the next City Commission meeting. Mayor Grant preferred to meet at 5:15 p.m. on July 5 th I jj • Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 15. FUTURE AGENDA ITEMS A. Budget Workshops dates/times for FY 16117 Operating and Capital Budget to take place in City Library Program Room on the following dates: Monday July 18, 2016 2:00 p.m. Tuesday July 19, 2016 10:00 a.m. Wednesday July 20, 2016 2:00 p.m. (if needed) 45 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 B. Appointment of Voting Delegate and authorize Commissioner(s) to travel to Hollywood, FL for FLC Annual Conference, August 18-20, 2016. - July 5, 2016. C. Interlocal Agreement between City of Boynton Beach and Town of Briny Breezes for Fire Rescue Services - July 2016 D. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - July 2016 There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:28 p.m. (Continued on next page) 46 Meeting Minutes City Commission Boynton Beach, Florida June 21, 2016 CITY OF BOYNTON BEACH Mayor - Steven B. Guml Vi - MA8`kMcCrW Commissioner - ,A - 6stir/Katz missio6er - Christina Romelus ner - Joe Casello U21*11 /I "`�- - ' / -jk �Z) Z7 jv6i'th A. Pyle, Wit Interim City Clerk A-1 Catherine Cherry Minutes Specialist M June 21, 2016 Dear Commission: City and CRA staff are to be commended for their work on consolidating, revising, and coordinating Land Use and Zoning to produce documents that allow developers and citizens to easily understand exactly what can be built where, citywide. They are also to be commended for their efforts in gathering input from the public and the development community. Their work product is excellent and most of it could be adopted without question. However, the creation and location of Mixed Use Node zoning with its 100 foot height limit deserves separate public input and separate attention from you rather than its being imbedded as an element in the overall project. As you are well aware, the residents of this city have long been very concerned with height limits and their potential effects on congestion, appearance, and quality of life issues. About 15 years ago, shortly after the citizens voted for a second time to maintain a four-story height limit, the City Commission invoked Home Rule and increased it to 150 feet in Mixed Use High zoning. While at first glance, the 100 -foot Mixed Use Node zoning fills a gap, it does not necessarily do so, at least not in the CRA with its narrow streets, older and historic homes and buildings, and underpinnings for a revival with a small town feel. Compounding the sins of the current Mixed Use High by adding 100 -foot buildings elsewhere in the CRA only exacerbates the situation. As a part of the new Land Use/Zoning, consideration should also be given to establishing firm height limits. Developers don't like uncertainty, nor do residents. Firm height limits eliminate uncertainty. If a particular parcel is zoned for 45 feet, that should be the limit, no additional ten feet to accommodate elevators, air conditioning, etc. The developer would have his architect incorporate that into his design resulting in the triumph of comprehensible math in which 45 equals 45, not 55. This would also eliminate the waste of Staff, Legal, and Commission time negotiating and approving such changes. Finally, when the independent CRA Board was created and the first CRA Director hired, the architectural style adopted for the CRA was "Floribbean/ Coastal Fishing Village" to fit its history and create a unique atmosphere to attract visitors and please the residents. This emphasis disappeared with the abolishment of the independent CRA Board_ Now would be an appropriate time to seek public input about defining architectural styles for various sections of the city. Sincerely, Buck Buchanan you have no way to communicate. Hain radio functions! 1 ' independent of or phone i + A with tablets or r 1! and can 1' set up almost anywhere in minutes. That's the beauty of Amateur Radio during a communications outage."' "Hams can literally throw a wire in a tree for an antenna, connect it to a battery -powered transmitter and communicate halfwayaround world," Kutzko added. "Hams do this by using a layer of Earth's atmosphere as a sort of miffor for radio waves. In today's electronic do- !urself (DlY) environment hamradio remains one of the best ways numerousfor people to learn about electronics, physics, meteorology, and disciplines, and is . huge asset to any communityduring disasters _ _ standard ! : + ! 1 + 1 goes !! Anyone may become a licensed Amateur Radio operator. There are over 725,000 licensed hams in the United States, as 5 and as old as 100. ! 1 + Boca i� Amateur young Radio Association, Fieldit's easy for anybody to get involved right here in the City of Boynton Day our . to showand skill we can *ffer to our # of ; ' would love the opportunity JUNE 26 2016, 2 PM t." 5 t a U r ISaOjQR BR '.4 -0 "t)), -T I t BOCA RATON AMATEUR RADIO ASSOCIATION 21512 Woodchuck Lane Boca Raton, Florida 33428 Phone: 954-481-5327 I - - U10 lowre N A', 0 . . a SHACK ADDRESS 10876 W ATLANnC AVE lip CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: June 21, 2016 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Petitioner vs. FRANK JANOTS, THEODORE RYAN, GERHARD DEGEN, et al., Respondents — Palm Beach County Circuit Court Case No. 50 2003 CA 010606 XX ED(AJ) I will be in attendance along with Assistant City Attorney Kerry Ezrol, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. I am respectfully requesting the time and date of the private attorney-client session be scheduled for the July 5, 2016 City Commission meeting. JAC/lms S:\CA\COMM\Request For Ex Session-(Ryan).Doc _:-:tt_ ZIKA VIRUS FACT SHEET The Virus • First discovered in 1947 in Africa, Zika is a virus that is transmitted by the Aedes ssp. mosquito. • Zika is usually present in the blood of an infected person for a few days during which a mosquito may acquire the infection by bite and possibly transmit the virus by biting another person. • There is no evidence that Zika is being transmitted by mosquitoes in Florida. • Recently,there have been cases of travelers infected with the virus returning to Miami-Dade, Hillsborough, Lee,Santa Rosa, and Broward counties from areas where the virus is transmitted. • Zika is a mild illness that resolves itself within a week. • Only about 1 in 5 infected will develop symptoms-fever,rash,joint pain,and conjunctivitis. • Reports of birth defects associated with Zika have been made in South America. • There is currently no vaccine to prevent or medicine to treat Zika. The Mosquito •Aedes mosquitoes are commonly found throughout the world and are the same mosquitoes that spread dengue and chikungunya viruses. • Aedes mosquitoes have adapted to live in close association with humans living and breeding in water holding containers as small as a bottle cap. • Aedes mosquitoes are most active during the day and tend to stay close to their breeding site. • Because Aedes mosquitoes do not live or reproduce in ditches,swales, lakes, marshes,or swamps,ground and aerial insecticide spraying has a limited effect for controlling populations. Prevention • Palm Beach County's Mosquito Control Division takes a proactive approach to reduce mosquito populations and to educate the public on a daily basis. • As with all mosquito-transmitted diseases,the best way to prevent exposure is to limit your chances of being bitten by a mosquito. • First and foremost,safeguard yourself by wearing protective clothing such as long pants and sleeves and applying an approved mosquito repellent,preferably one containing DEET. • Second,remove potential mosquito breeding sites by emptying water from flower pots, garbage cans, recycling containers,wheelbarrows,aluminum cans, boat tarps,old tires,toys, and buckets-any item that can hold water. • Prevent water containers from getting stagnant by flushing ornamental bromeliads,birdbaths and wading pools weekly, clean roof gutters,change the water in outdoor pet dishes regularly, keep pools and spas chlorinated and filtered,stock ornamental ponds with mosquito-eating fish,cover rain barrels with screening,and check for standing water under houses, near plumbing drains,under air conditioner drip areas,around septic tanks and heat pumps. References and Additional Information • Palm Beach County Mosquito Control Division • Florida Department of Health • Centers for Disease Control €4 1 :.‘c Palm Beach County Board of County Commissioners Department of Environmental Resources Management 561.233.2400 www.pbcgov.com/erm1 DEVELOPIvicn1T ORDER OF THE CITY COMMISoION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 480 E. Ocean Avenue (MSPM 16-004) APPLICANT: Jim Williams, AW Architects APPLICANT'S ADDRESS: 7700 Congress Avenue, Suite 1114. Boca Raton. FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21, 2016 APPROVAL SOUGHT: Major Site Plan Modification approval to add 525 square feet of enclosed dining space to the existing 936 square foot restaurant building and related site improvements, located at 480 E. Ocean Avenue and zoned CBD (Central Business District). LOCATION OF PROPERTY: 480 E. Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 4_ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby /GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: S/g:50/ I/ / Cir Clerk S:\Planning\SHARED\WP\PROJECTS\480 E.Ocean Avenue\MSPM 16-004\DO.doc CA EXHIBIT "C" Conditions of Approval Project Name: 480 E. Ocean Avenue File number: MSPM 16-004 Reference: 2nd review plans identified as a Major Site Plan Modification with an April 19. 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: -_ - -- - 1. At time of permit submittal, please widen the sidewalk along the new X steps (south side) to enhance pedestrian access. 2. Proposed moveable window as part of the addition will protrude out into pedestrian area when in open position. At time of permit X submittal, please revise area in front of window at new stairs from walkway to a landscape area to avoid conflict. FIRE Comments: None X POLICE Comments: None, all comments addressed at DART Meeting X BUILDING DIVISION Comments: None. all comments addressed at DART Meeting X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: 3. At time of permit submittal, the applicant will be required to submit revised hood vent plans more in scale and character with the X existing structure. 480 E. Ocean Avenue (MSPM 16-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 4. A Sidewalk Café permit application is required to be submitted and approved before any outdoor seating on East Ocean Avenue can be X approved and utilized. COMMUNITY REDEVELOPMENT AGENCY Comments: None X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X CITY COMMISSION CONDITIONS Comments: To be determined S:\Planning\SHARED\WP\PROJECTS\480 E.Ocean Avenue\MSPM 16-004\COA after P&D.doc EXHIBIT A SITE LOCATION MAP 480 E. OCEAN AVENUE (MSPM 16-004) ilti . . . ,„ „Ilk, t,.. ,., ,--...41111. 4,.. .1- , ':1: . .- ' ' Pli . ' • ?- .•At,t'E` :4 i N -, u• ] 1.0 , i f a .-4 t t, ,f .rt.a; "— •. ilk > 44 64 It Jit' .4., - .'rl + J. , P + .s h a. E `Ocean Avel ' , ¢• , , { �' V �� r. V f /s t' t 14 • - 1 1- w' SITE 't Wf - �� c� � E ai � r I . I fel !" . _1r_ , " i1 -�b � • V 11k, i. imelosiiimpopimiiipow I� iiii. 'a,' 4 •-'4,. • :`s A 0 15 30 60 TABULAR SUMMARY �� LO�LTwNNTON eE..ON.ELOROR FAVI PROPERTY CONTROL NUMBER MNI as. 2Ro040E.0010 ' ET. ENrN� N.Ex architectsCtS I OMCSOTO,s.=SSr.VENUEm.▪DT5Tmci aF, „._ PROPOSED USE I MONrroLE ;; a -1 fF-4111111 g. xrEXISTING VEGETATED AREA ALTERED r5 i I : / >r` ' �< a▪uLonro.Ru T.esar. Q,':5;;;;;;'L''''' EI• roa�nN ENT IN R z N M.NEMEETABLISHMENT,RR,RM,SPSNOILTsV TS QSN' RE 0 IT PACES'MTN AM...LE SPACES i i:::::::::-.3m ,ile: :.,g;,.,:tz,„,,, A MOLLIDED I SPACE : Cm) Ll.q,, N CAF* ! , .7"L;(1 i .............................I'■,..3c? 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DESIGNED BY IN • I :;:;>- (1 SITE GENERAL NOTES j: PERMIT SET „A,E:: : INSPECTED AND I:::: MED TO LIFT APPROvED LANDSCAPE PLANS FOR THE SITE.4,..„E.„,,,,o i CERTIFIED ARSONIST TO EVKLAAT E THE MERLYN ASO FLORIDA NO.,,c,s,,,F,, ALL EXISTING HARCNOCOS AND PERFORM CORRECTIVE FROMM oR j Ex¢rEc Muwsrm SITE MOST RECEIVE ry MULCM E[C,MAMG REo erE ii I :, O ': :oa;;? `';” VTR _ RNOrODE,LLICAM.FONNMIT�MEUSESN., e ::::::i'::::::::::::::::: @>);>::»::::::>:................ :>::»i: rzExFox o.sE N,aceNEo ! `"` cvEREss:NSREr.RExrs. .. uNosc,amo sN.Li cr wrN uaNnNc,romnuoE,ONa.reRN TREE uwvv caowrNL n «rROR I : .,, srxxE vurE,xrN OccRsnrvonuRx sreTEM. 1 >q- �v SITE PLAN LEGEND y` MARKER li F•:": 4 Rpt xEW,Ep,pN _1..... .................•...........:1 — ___-_::____-Mr A _- - { EMs VEGETATED • L.< t "� ARCHITECTURAL' EXISTING PAVEDRE, SITE PLAN 1 • [>5 -1 E'nx� R rE R 11 1 AREA OF strE ALTERATION A SITE PLAN A 1 1 4 R PROPOSED STRUCTURE I.EXISTING STRUCTURE a YAWl � ;N�j-------.__----.. �� architects a MPR .,.. AAAA I I 1Win.. . m» o iu _ _ 7 - MEM �i 'I 5. lirp 'CIE III ,i , s ¢ e �� `.__ ��/• Ern #_. ■ 1■I■ :1.. AEI 1 1 x'¢LLI E._ irx; r / �I 7¢ '� �_ - �: ��t�IIY��Yf� y� Q I'' r�Q EA \‘) I% \ N w DE IN ___— 1 W 11! II \•iIi�u� noll� 1� iin iiiiill�1 11,__,,IIIIMIII i!'N IiuiII oe ai 2 SCALE'3I8'VATION A ELEVATION KEY NOTES III I0 EXISTING METAL ROOF ❑2 WOOD STUDS WITH LAP SIDING FINISH 3 EEXISTING STREET BOLLARDZ PROJECT NO I6100-- - o -- EEXISTING CHIMNEY WITH STONE FINISH I DEBIO,ED BY NI 2. DRAWN BY CZTO ,U CI EXISTING STRUCTURE ❑6 EXISTING ALUMINUM RAILING SYSTEM JO, BEYOND rE IDI CHECKED __ .- c ❑S EXISTING ROOF ABOVE ENTRANCE DOOR B `c �\ ❑ i PROGRESS SU 0301 me M' s ❑ 1� • 'Y 7 EXISTING EXTERIOR DOOR n '\ ❑S EXISTING EXTERIOR WINDOWS E n - - ❑ NEW DINE G ADDITION WITH WHITE FRAMING D KALWALL ROOFING SYSIEM ONz ® 10 PROPOSED FOLDING WINDOW SYSTEM REVINOHs-- I a / AAAA (`fir .. © 12 NELi W KITOCNEN E�XIIOAUIN SR WITH FINISH I:1 ''''"'"%,...WHITE ALUMINUM FRAMING E d. n • REVEAL I (-1] Ill EXISTING E PEDESTAL FOR 1 PUBLIC ART \ ii • ,.,, ,, 16 NINWALMERIOR ACD IWLINGTS &ETEMOUGHM I6,, BO _ - 18 EXSTING RAMP TO REMAINhcm 17 EXISTING WALK-IN COOLER ENCLOSURE BUILDING ` WITH AWNING COVER LEVATIONS COLOR LEGEND CI $syp m .; - DESCRIPTION II1�\.LI MAARK SW 7837 OYSTER WIRE I'— --""— 'E ,4 �' �1 / ❑B SW 7767 HIGH REFLECTIVE WIRE N a YrA51 0 ,s3 I EAST ELEVATION - - -- 1 SCAL E:NAR=1'01 —.. _ _ COOLORRM.ffIs 0O NAMES ARE FRCMSW COLOR OMER!. .-.__ _.__—.. ___-_—_ _ _MMTGI PRESHRMTERI.TO IRMGMTEGCOLON I NI ., elgenaPA YAVilarchitects a —All CI lirilL1.•,' RODOLRI AMES It LII .......�.....�.... ...Fr....Fr.. .. p ..Fr.....rr... 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II 1�y1 _-all■ JI M b — � I �u DD Q Ie •■� ■■■ ■■■ ��■ _� 8 li Q Q I l I �I 2 SCPLE:3IW IT-0' «14n.1147Munr iA..2r,n i A ELEVATION KEY NOTES 1 I I 0EXISTING METAL ROOF ' ' '', 2EWOOD STUDS WITH LAP SIDING FINISH N EXISTING STREET BOLLARD I --—_ — . 1 EEEXISTING CHIMNEY WITH STONE FINISH DENOILDI.': PROPOSED STRUCTURE f>;1To 0 • BEYOND EEXISTING ALUMINUM RAILING SYSTEM O --- • — Q \\-111 ❑8 EXISTING ROOF ABOVE ENTRANCE DOOR E re 1 T� PROGRESS[* Oa 01.111 Ill 1 - \y ❑) EXISTING EXTERIOR DOOR `�L � ❑S EXISTING EXTERIOR WINDOWS �� ❑B PROPOSED KALWALL ROOFING SYSTEM ON NEW DINING ADDITION WITH WHITE FRAMING�' o TO PROPOSED FOLDING WINDOW SYSTEM o I i50WITH WHITE ALUMINUM FRAMING. inl _. _-- .__ 11 D TE AILOR STUCCO FINISH WITH REVEAL I rDVDI0t—.__ 1Z NEW KITCHEN EXHAUST,METAL FINISH I A'""'"**= U ` 0 13 EXISTING CONCRETE PEDESTAL FOR _ PUBLIC ART E MI ALUMINUM RAILING SYSTEM 3i _- _� 16 INTERIOR AC DUCTS VISIBLE THROUGH r INTERIOR y �_. —_ 15 EXISTING RAMP TO REMAIN O tJ _ 1) EXISTINGTH NWALK-IN`CCOOLER ENCLOSURE ER : BUILDING g D — LEVcc ATIONS 1 --- i � - - ❑A I/ COLOR LEGEND =��II MARK DESCRWrXN! E F, .II' i.�r I � ' ❑A SW]83]OYSTER WHITE — _ —_— _ Ft 1.�_ - 18 ❑B SW)1ST HIGH REFLECTIVE WHITE - n N `--� 3CTTE.ASTLE:3R__ -- ---- -- -.._ __ COLOR RS AND FROM SW COLOR A52