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Minutes 09-08-16 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 8, 2016, AT 6:30 P.M. COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager • Mack McCray, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, Interim City Clerk Christina L. Romelus, Commissioner Joe Casello, Commissioner. 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Chair Grant called the meeting to order at 6:30 p.m. Invocation: A Moment of Silent Reflection Allegiance to the Flag led by Vice Mayor McCray Interim City Clerk Pyle called the roll. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant noted there were two revisions to the agenda. 2. Adoption Motion Commissioner Casello moved to approve as amended. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Conduct First Public Budget Hearing for FY 2016/2017 Proposed Annual Operating Budget. Tim Howard, Assistant City Manager, announced the meeting was the first public hearing to adopt the budget and millage rate for next year. Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Attorney Cherof advised there are two public hearings on the budget and millage rate. Florida Statute permits the public to speak and ask questions about the budget. The second public hearing will be held on September 20th in City Commission Chambers at 6:30 p.m. Mr. Howard advised copies of the PowerPoint presentation were available for the public. The purpose of the workshop is to provide an opportunity to discuss and adopt on first public hearing, the proposed millage rate and tentative budget for fiscal years 2016/2017. The total for all funds as adjusted and changed from the workshop was $178 million, with $79 million for the General Fund. Tuesday, September 13th at 6 p.m., is a special City Commission meeting to adopt the Fire Assessment. The expenditure summary was reviewed which was comprised of the General, Enterprise, Internal, Special Revenue, Capital Improvement and Debt Service funds totaling $179 million. A revised expenditure summary based on the changes made in July or since then to the present was prepared. The General Fund changed slightly from $78.4 million to $79.2 million. Another significant change was in the general capital budget of $6.6 million. At the workshop, the Commission prioritized projects which were reduced to $1.9 million. The proposed millage rate is 7.9 mills which is the same as the current year. Starting with the $78.5 million budget, the City Commission agreed to fund a greens project at the Golf Course by using General Fund Reserves as a loan. There was another $326,000 transferred from risk management to fund employee clinic operations. The third transferred personnel from the General Fund to the Red Light Camera program, which reduced expenditures in the General Fund by $169,000. There were funds for physicals for the Police and Fire Departments which were reduced by $90,000 and $60,000 as they will take place in the employee clinic. The Community Standards Department was transferring personnel from the Police Department, which is the current Code Compliance staff, and transferring staff from Fire Life Safety and organizing them into the Department for Community Standards. Lori LaVerriere, City Manager, explained it was a reorganization. They were combining Code Compliance operations with Fire Life Safety as part of Business Tax Receipts and Inspections. It should improve customer service and utilize personnel more efficiently. It will be under the Fire Department and reporting to the Chief although the City will hire a Community Standards Director to run the Department. Commissioner Casello questioned if this would affect the 175 and 185 monies and learned it would not. Mr. Howard agreed to identify staff for_Fire and Life Safety and list them with their salaries. Vice Mayor McCray asked where the change would fall on a flow chart. Ms. LaVerriere explained when it is finalized, it will be on the website in the proposed budget document. The flow chart will be available after October 20th, but Ms. LaVerriere agreed to provide a hard copy to him the next day. The adjustment was Police had 11 members that would be moved out of the Police Department budget, eight Fire positions moved from the Fire Department, and one position was being moved from the Development Department into Community Standards. It would 2 • Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 cost $2.1 million for the new Department. At the budget workshop in July, there was agreement to hire six firefighters for Fire Station No. 1. Funding those positions from April 1st, to September 30th cost $210,000. There was $62,000 for a match for an AFG grant which was not awarded. The Department will apply for it again next year, but the $62,000 in the proposed budget would be removed. There was an increase of $11,000 to the Recreation Department due to increasing pool hours based on a recommendation from Recreation and Parks. To cover the extended hours, they need additional seasonal life guards. Property values increased slightly and the projected property tax revenues increased by $74,215. Interlocal Agreements (ILAs) with the CRA coming forward to the City Commission was for the Community Standards Department. The CRA budget contained it as a Code Compliance Officer, a vehicle, laptop and phone. The ILA will be $134,000 which the City did not have in the budget and it was being added as revenue. The continuation of the ILA reimbursement for neighborhood policing staff on MLK originally was budgeted for $200,000 which is what they have in the current year. When presented to the CRA Board, it was for $300,000 for three staff members, and the Board opted to remain with two positions. The ILA will increase from $200,000 to $263,000. Vice Mayor McCray commented they would be spending $263,000 for the substation on MLK Boulevard and learned it was the cost for salary, benefits and pension for the two staff members that are there, not including the lease agreement the CRA pays for on the site. Mr. Howard explained when adjusting the proposed budget from what was presented in July, an additional $453,000 from the fund balance or reserves was needed. The July workshop reflected $426,000 was needed from the fund balance. With the combined adjustments, $879,000 from fund balance was needed to fund the tentative budget for next year. Other funds affected through the changes made were reviewed as contained in the presentation. All the funds totaled $178 million. The four major components of revenue were Utility fees at $42 million; property taxes at $31.6 million; capital and bond sources at $18.9 million;. transfers at $14.8 million and various smaller amounts as contained in the presentation. These revenues will fund the City's expenses of $178 million, which will fund the General Fund at $79.2 million or 44%; the Water and Sewer Utilities was $42.2 million at 23.7%; Capital Funds at $18.9 million or 10.6%; Solid Waste at $11.3 million or 6.3% and other funds such as Fleet, Self-insurance, the Golf Course and others. Property taxes with a proposed 7.9 millage rate would yield $31.6 million in property taxes. Mr. Howard reviewed the other funding sources in the General Fund, fund transfers, intergovernmental funds from sales taxes or revenue sharing, charges for services such as tennis operations or fire service contracts, Fire Assessment fees, franchise taxes based on electric and water, licenses and permits, business licenses, building permits, fines, interest, rents and fund balance appropriations. A chart reflected what General Fund services are designated to each department. A department comparison updated from July to current day showed the current year to the proposed budget for 2016/2017, per division. The tentative 3 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 budget for next year is $2.7 million over the current year adopted budget for a 3.6% increase The proposed property tax rate of 7.9 mills and with values increasing 7.9% this year, it increases the property tax revenue. The City has to calculate the roll back rate, per Statute, which is the millage rate the City sets to obtain the same tax dollars as the current year. The City's rollback rate this year is 7.3816. If setting the rollback rate, based on the current tentative budget, the City would be short $2 million they are projecting to use next year. Truth in Millage (TRIM) was reviewed The proposed millage rate of 7.9 mills was the same as last year and the actual tax increase was a 7.02% per State TRIM calculations over the roll back rate of 7.3816. Citywide, property values increased approximately 7.9% A comparison on four different scenarios for homesteaded properties and the tax increase leaving millage rate at 7.9% were viewed. Mr. Howard noted the Save our Home capped the taxable value of homesteaded properties at 3% of the Consumer Price Index, whichever is lower. The examples were based on $50,000, $150,000, $250,000 and $500,000 homes. Non-homesteaded properties were also discussed. The properties would take the entire 7.9% increase times the value of the millage rate and have a larger dollar increase. Mr. Howard explained the first resolution adopts the proposed millage rate of 7.9 mills and the second Resolution is to adopt the proposed budget. He noted a similar resolution will come back on the 20th Commissioner Casello asked why the big drop in Police administrative services and learned it was because the department reorganized its personnel. Commissioner Casello asked why the Fire Department was down $137,000 and learned it was a combination effect, because some personal were moved to Community Standards. Vice Mayor McCray was concerned about the $263,000 for two officers on MLK, and wanted to meet with Ms. Brooks and Police Chief Katz why the cost was so high for two employees. Mayor Grant opened Public Comment.. David Katz, 67 Midwood Lane, asked about the $2 million for the golf course and if the funds were coming from the Golf Course to the City or in the reverse. Mr. Howard explained the Golf Fund is paid from money the golf course generates. Mr. Katz commented the City Commission was kind to loan the money to address the greens. He noted since the Golf Course opened in 1984, it had transferred $978,000 to the City. The City has given $825,000 back to the Golf Course over the last few years. He thought the Golf Course was owed $153,000 and making the $300,000 a loan was hamstringing the employees. He requested the City not ask for the money back so they could provide the proper upkeep and maintain the equipment. 4 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Mr. Katz also commented property taxes would generate an additional $74,000 and the Cortina development was getting a dog park. He noted the Meadows, after 24 years, has not received any park. He requested the extra $74,000 create a passive park on the vacant land that has been at the Meadows for years as Meadows residents pay taxes. Susan Oyer, 140 SE 27th Way, asked where take home cars were in the budget and learned they are part of department budgets that have take-home vehicles. Mr. Howard explained they are in Police Uniform Services and it includes maintenance of the vehicles that were previously purchased. The Department prefunds the cost so Fleet can cycle out vehicle replacements. Ms. Oyer commented patrol cars provide a benefit to the neighborhood for the officers that live in Boynton Beach. Her issue was with other departments and managers. She understood there may be instances when an employee has to be called in such as Utilities or Code Enforcement. She opined there were a lot of cars the City does not need to pay for. Mr. Howard was unsure how many take home vehicles were non-Police and Fire as it has been drastically reduced over the years. Most take home cars sit in Police and Fire Department. Ms. LaVerriere explained the City switched to car allowances for managerial staff. Ms. Oyer inquired if they were needed and commented she drives to her job. She thought it was a big waste of money. Vice Mayor McCray commented he would like a copy of the inventory for cars. Herb Suss, Boynton Beach resident, agreed with the comments made about the golf course and noted Mr. Tapper put his job on the line. He favored not paying the funds back and keeping the millage at 7.9 mills. Commissioner Casello thought the City Commission was generous to extend a loan. The golf course is an amenity and during the budget a decision has to be made whether the City can afford or not afford it. There has been a concerted effort to make the golf course successful and that was why they were funding the greens. It will be a revenue generator for the City. Vice Mayor McCray noted Mr. Tapper had commented he would accept the funds as a loan. Mayor Grant closed Public Comments. PROPOSED RESOLUTION NO. R16-106 -Adopt the proposed millage rate for the General Fund for Fiscal Year 2016-2017. Motion Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 5 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Attorney Cherof announced this is a 7.900 millage rate. The next public hearing is September 20th at 6:30 p.m. The proposed millage is 7.02% above the computed rollback rate which was 7.3816. PROPOSED RESOLUTION NO. R16-107 -Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2016-2017. Motion Commissioner Katz moved to approve Vice Mayor McCray the motion. Vote The motion unanimously passed. B. Informational items by Members of the City Commission Commissioner Casello acknowledged newly elected State Senator Jeff Clemens. Commissioner Casello attended the CRA budget workshop on the 171h; the Hoops Hugs and Hope event on the 19th, held by the Boynton Beach Police Department playing against the Boynton Beach All stars. On the 20th' he attended the Suits for Seniors Job Fair at Boynton Beach High School which was well attended and is a great program. He attended the League of Cities Board of Directors Meeting on the 24th. On the 25th he attended the South Central Regional Wastewater Treatment Board meeting. On the 29th he met with attorney Bonnie Miskel, Bill Morris and Davis Camalier regarding the One Ocean project. He completed a four hour mandated Ethics training class at Palm Beach State College on the 7th and spoke with Bradley Miller of Miller Land Planning. Commissioner Katz attended the CRA budget workshop; the Suits for Seniors event, the ribbon cutting by the Chamber of Commerce for Bay Bay's Chicken and Waffles, an auto show at the mall and later the same day the annual AFL-CIO Labor Day Picnic. He met with former Commissioner Mike Fitzpatrick, Susan Oyer and lsram Realty. He spoke with Bradley Miller regarding the D'Almeida project, spoke with American Traffic Solutions regarding Red Light Cameras and attended a few election night celebrations. He was happy Senator Clemens was elected and thought the City had a strong coalition to represent them. Vice Mayor McCray did not attend the League of Cities Hollywood meeting, and was summoned by the Mayor to attend an MPO meeting which was cancelled. He attended the ribbon cutting for the Bay Bay's Chicken and Waffles; attended mandated ethics training; the Open House for Quantum High School; and could not attend the Suits for Senior due to a work conflict. He noted his $1,000 donation was well spent. He attended the Pension Board for the South Central Wastewater Treatment Board which the City and Delray Beach co-own, the CRA budget workshop and spoke with Bradley Miller yesterday. 6 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Mayor Grant attended a League of Cities meeting; the CRA budget meeting that night, and from the 18th to the 20th, was at the Florida League of Cities event and attended their ethics program and a few workshops and orientations. On the 20th, he attended an introduction of the Mayor of Boca Raton as the new President of the Florida League of Cities; attended the sign honoring Robert G. Wells on Martin Luther King Jr. Boulevard, the General Employees' Pension Board meeting, and toured the Police Station. He went home in Washington D.C. on the 30th and visited several D.C. attractions. This weekend he attended a Battle of the Bands and an opening for One Stop Auto Service. He attended Cars and Crafts on the 4th and entered a $10 raffle which he won. He donated $100 of.the $250 he won back to Kiwanis Club and attended the Quantum High School Open House. • Commissioner Romelus attended the Florida League of Cities Annual Conference in Hollywood, the Suits for Seniors event. He thanked the Boynton Intracoastal Group for their get together. She met with representatives of lsram Realty, attended the Battle of the Bands at Boynton Beach High School, spoke with Harvey Oyer,lll who represented ATS, attended the inaugural Celebration of the Haitian Bethel Baptist Church of Boynton Beach, and offered her congratulations to Emily Slosberg, Steve Kerner, Jeff Clemens, Al Jacquet and Mack Bernard on their successful elections. She noted her son turned five months old. Mayor Grant requested a motion to reconsider the agenda approval to move item 12.A, the Fire Services contract with Ocean Ridge, before Public Hearing. Motion Commissioner Casello so moved. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 3. ANNOUNCEMENTS, COMMUNITY& SPECIAL EVENTS & PRESENTATIONS A. Florida Festivals and Events Association (FFEA) SUNsational Awards Presentation by Dan Goode, President. Eleanor KruseII, Communications Manager, advised Dawn Read, Vice Chair of the Florida Festivals and Events Association, FFEA, would present three awards the City won at the Conference and Trade show they hold. Dawn Read, Vice Chair, FFEA, explained FFEA is a statewide organization with 600 members comprised of municipalities, Cities and vendors representing over 3,500 events in the State and billions of dollars in event revenues to cities. There were over 400 entries submitted and Boynton Beach won three. The City of Boynton Beach Recreation and Parks Department won a first place award for their annual report and she acknowledged Stephanie Soplop. The City of Boynton Beach Annual Report won 2nd place and Eleanor 7 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Krusell was acknowledged, and City of Boynton Beach Recreation and Parks Mother's Day Tea Photo won 2nd place and Mary deGraffenreidt was recognized. B. Library staff to announce a new library program for Boynton Beach Residents: Career Online High School (COHS). Jeanne Taylor, Boynton Beach City Library, announced the Library is offering an online career high school program for adults. The free program, held in partnership with the State of Florida provides interested individuals the opportunity to receive an accredited high school diploma, not a General Equivalency Diploma (GED), by working online on a self- paced program. The program offers academic support and tutors. In addition to receiving a high school diploma, students will get a career certification in a career of their choice. The program can be done at home as well. The Library is the only Library in Palm Beach County offering the program, which starts next week. Information will be available at City Hall, the Library and on the Library website on Monday. Flyers were being printed but have not yet arrived to be distributed to the community. Mayor Grant asked if high school graduates could take the course to obtain a certificate and learned they could not. The program is for adults over 19. B. Announcement by Recreation & Parks Director Wally Majors regarding the "Nickelodeon Worldwide Day of Play" event, which will be held at Barrier Free Park on Saturday, September 17, 2016 from 10 a.m. to 1:00 p.m. Wally Majors, Recreation and Parks Director, advised on September 17th, the Department will host a Play Unplugged event which is a series of free events held throughout the year. He announced the Nickelodeon Worldwide Day of Play is for ages 4 through 13. The event begins at 10 a.m. at Barrier Free Park, and includes waterslides, Sponge Bob competitions, kid's expos, food trucks and a karaoke stage. Mayor Grant noted there was a free bus shuttle from Caloosa Park and asked if there were shuttles from east of 95 and learned there were none. Last year, there was a large crowd, but due to the event and its duration, it would not be practical to have more than one shuttle spot and the park can handle the number of cars anticipated for the event. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Norman Rapport, 8525 Logia Circle, read an article in the August edition of the Palm Beach Post in which Commissioner Casello and Vice Mayor McCray asked the Police Department to step up to the plate and not be afraid to end loitering. He took exception to their comments. He thought for them to say the Police Department is afraid was beneath their oath of office. The public can congregate as long as they do not obstruct anyone and solutions should not tread on constitutional rights. He thought Commissioner Casello and the Vice Mayor McCray should re-evaluate their positions. 8 Meeting Minutes • City Commission Boynton Beach, Florida September 8, 2016 Commissioner Casello responded some officers question his support of the Police Department. He read the article and what he said was he feels the Commission's frustration. He did not say they were not doing their job, other than he feels the Commission is frustrated. He never threw the Police Department under the bus and he will not apologize for his comments because the word was frustration and they should all be frustrated. Stanley Kriegsman, 8589 Logia Circle, thanked the Police, Fire and EMS personnel for the great job they perform and appreciated their service to the community. He commented the meeting was being conducted the week of 9/11 when 343 firefighters and 50 police officers did not come home. On August 18, 2016, a Commissioner said the Police needed to stop being afraid to do what they are supposed to do and he was surprised at the comment. He noted there is a constitution and people can stand on corners, at parks, as long as they are not interfering with anyone or trespassing. Vice Mayor McCray clarified his comments and did say the Police need to step up to the plate and do their jobs when it comes to drugs. There are drugs there all the time at night and he had to wait in his car for them to finish dealing before he could drive through. He stood by their comments. Commissioner Casello explained their votes as Commissioners proves they support the Police Department and they have stood by the Police Chief and their men. There is an isolated situation on MLK Boulevard and the Commission is frustrated with it. They were not bad mouthing the Department. They support public safety 110% and it was not fair to say the Commission was throwing the Department under the bus. Bernard Wright, 713 NW 2nd Street, CEO Bernard Wright, and the Robert E. Wells Foundation and Real Talk Radio commented Real Talk Radio he is on the radio every night. He thanked all for participating in the Robert E. Wells sign placement. He noted the City was gaining a historic perspective for a better Boynton. He liked that the pool hours were changed in District II for the youth. He supports the Police and commented he has a record. He agreed with Vice Mayor McCray to enforce the laws, but not violate people's constitutional rights. He favored disbanding the perception of mistrust and commented the community is engage in a dialogue Arnold Dansky, 8265 Grand Messina Circle, was also upset with the article in the paper. He thought telling people to move or not stand on a corner could not be done anymore as long as they are not breaking a law. He suggested if Commissioner Casello felt he was misquoted, he should contact the media and make a retraction. He praised the Police Department as their statistics are far better than other Police Departments in Palm Beach County. Susan Oyer, 140 SE 27th Way, reminded the Commissioners they are elected officials in a republic and she read the definition of republic. She emphasized the Commissioners represent citizens and requested Commissioners remember this when voting on contentious issues. She discussed a utility principal that elected officials use when making decisions. She read Manias, Monroe and Till, that states, "The right action in any situation 9 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 is the one that creates the greatest possible balance of happiness over unhappiness for the greatest possible number." She thought the Commission should apply the principal when making decisions and not be puppet masters for others. She also asked what caused a power outage at Forest Park on Tuesday night. She noted a person was dependent on electric for medical reasons and the family would probably pull the plug on the family member due to the power outage. She wanted to know what happened to knock out the power that killed this person. Denise O'Connor, Principal at Congress Middle School, and commented it is important she become a part of Boynton Beach and attend City Commission meetings. She invited the City Commission to the school, noting Vice Mayor McCray had already spoken at the school. She invited Senator Clemons, and all, to the Open House, on Tuesday, September 13th at 6:45 p.m. as students attend the school live in the community. Lastly she thanked, Police Chief Katz. The school is starting a Boys in Blue Civics Mentorship and Community Policing Program. It was noted the Commissioners could not attend as there is a CRA meeting that night. Brian Burchianti, 804 SE 3rd Street, a new resident, explained the neighborhood was having a problem in a commercial area on 1st Street. Power by the Hour was operating.a Dino machine outside the building and this has been an ongoing problem for the last eight or nine years. He had a petition from the community which he did not submit. Since 2010, there have been over 56 noise complaints, and no one did anything. In December 2012, Diane Springer, former Code Compliance Coordinator, spoke to the owner and the owner appeared at a hearing. It was explained the business must be conducted inside the building. He commented the noise takes away from his peace and tranquility and he was considering moving. Mayor Grantcommented staff was working on a Nuisance Abatement Ordinance. If the noise continues, the business will be forced to close down. Charles Powers, 172 SE 30th Avenue, asked if there are initiatives to bring a tech company to the area. Mayor Grant responded he spoke with a representative who works with Palm Beach Tech to have a meet and greet in Boynton Beach to grow the community. He also noted Hacklab is on High Ridge Road and he spoke with some of the schools to grow the tech communities in Boynton Beach. • Marylou Guzman, 19 Velaire Drive, expressed concern about sober houses in residential communities. A sober house was recently purchased on her street and there are issues with the tenants. Code Compliance did not provide answers and there is a lack .of regulations how to manage or permit sober houses. She sought to see if there was a way to regulate them without violating federal or state laws. She had a list of questions she agreed to email the Commission and hoped they could put something together. Commissioner Casello explained he is on the State Attorney Task Force regarding sober homes. He commented it would not solve all the problems, but it would get 75% to 80% of sober homes under control. 10 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vice Mayor McCray commented he gets up early and walks and he picked up four syringes. He goes to the Church and removes more, noting it is a problem all over. Herb Suss, Woodfern Drive, explained he had been adamant about eliminating the Red Light Camera program, and after further consideration wanted to change his statement. He met with the Sergeant about it. He was also at a Climate Action Control meeting and commented climate change was worsening and the Everglades needs clean water. There is sea level rise, pollution and he invited the City Commission to review a fact sheet. He announced there will be a presentation by John Englander on September 22nd at Summit Library from 5:30 p.m. to 7:30 p.m. He emphasized the world is at a point of no return and he wanted to see someone from the City Commission attend. Norfolk Naval Base was having issues with saltwater intrusion and the Mayor took the Mayors' pledge. He was asking the Commission to be more involved and to see what could be done to get the • governor to believe in climate change, or remove him and othernon-believing officials as well. • Mayor Grant closed Public Comment. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: • Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments &Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Reg Senior Advisory Board: 1 Reg and 2 Alts Motion Mayor Grant nominated Jason Shaffer as a regular member from an alternate on the Historic Resources Board. Vice Mayor McCray seconded the motion. Vote The motion passed. Motion Commissioner Katz nominated Michael Brevda as a member of the Senior Advisory Board. Vice Mayor McCray seconded the motion. 11 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R16-108 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. B. PROPOSED RESOLUTION NO. R16-109 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Linda Olden Grego for the property at 1033 Ridge Road, Lantana, FL 33462. C. PROPOSED RESOLUTION NO. R16-110 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Laura Guy, Trustee of the 1206 Highview Road Land Trust dated 5-26-16 for the property at 1206 Highview Road, Lantana, FL 33462. D. PROPOSED RESOLUTION NO. R16-111 - Authorize the City Manager to sign the Recreational Trails Program grant agreement and all related documents from the Florida Department of Environmental Protection in the amount of$28,500. E. PROPOSED RESOLUTION NO. R16-112 - Authorize the City Manager to sign an Amendment to Site Agreement between the City and WeatherFlow, Inc. for the weather monitoring station at Oyer Park. The Amendment term of this Agreement begins as of the Effective Date and shall continue until December 31, 2017, thereafter to be automatically renewed annually, unless terminated by the City or WeatherFlow. F. Approve the minutes from the Budget meetings held on July 18 and 19th, 2016 and Regular City Commission meeting held on August 16, 2016. Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. 12 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER$100,000 A. Approve the release of the utility bond for the project known as RaceTrac Gas Station in the amount of$468,994.90 for the water and sewer utilities. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. Approve the Bid Award for"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES" Bid No. 050-2511-16/JMA to Thermal Concepts, Inc. of Davie, FL as submitting the lowest, most responsive, responsible bid meeting all specifications for an estimated annual amount of$125,000.00 for preventative maintenance and repair. Mayor Grant asked why Thermal Concepts Inc. was selected. Tim Howard, Assistant City Manager, explained staff issued the bid and on July 27th staff opened and tabulated seven responses. The rankings are based on the pricing and the recommendation from Public Works was to award the bid to this company as the lowest and most responsive bidder. He pointed out this was annual maintenance for the air conditioning systems and pricing for repairs that would be made throughout the year. It is for a two-year period commencing October 1, 2016, and ending September 30, 2018. Motion Vice Mayor McCray moved to approve. Commissioner Casello asked about past costs for air conditioning. Mr. Howard explained the City previously had staff service the air conditioning, and the amount spent on repairs varied year to year. Commissioner Casello asked if the item stemmed from the mold in the fire stations and learned it was one of the items that resulted from the issue. Commissioner Romelus asked if the lowest bidder is the best and learned it is the lowest and most responsive based on the qualifications the City specified. Commissioner Casello seconded the motion. 13 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 • Vote The motion unanimously passed. (Item 12. A was heard at this time.) 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE - NO. 16-019 - FIRST READING -Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. Vivian Brooks, CRA Executive Director explained this was a long process that started as part of the Strategic Plan Initiative in 2014. The existing_conditions analysis was completed in June 2015. The CRA held four public workshops on the weekends and sent mailers so people could provide input. There was a fairly good turnout from the public meetings. The CRA Advisory Board reviewed the document and a presentation and reviewed nine key recommendations to the Plan which were not consistent with the current Plans. She reminded all this was the consolidation of four existing plans into one cohesive document. The CRA Advisory Board approved all nine changes on July 21, 2016. The Plan was reviewed by the CRA Board on August 4th and two modifications from the recommendations were made. The Plan was then reviewed by the Board and there were four modifications. The vision and goal was to create one comprehensive vision for the entire 1,650 linear acres comprising the CRA District. They want to present a thriving downtown and work within distinct districts in the CRA. The vision included unifying, connecting, and investing in sustainable, diverse neighborhoods and to support the quality of life for CRA residents. The Plan is based on a framework of roadways, bikeways, greenways, parks and land use. From there, staff created district plans and they were broken down into planning districts. The Implementation Guide is how to move a plan forward and implement it for development, thereby improving the physical attributes of the CRA. The first element is planning and policy, and in the future, the City Commission will review how to incorporate the plan into the Code, determine where the CRA invests in development, capital projects and determine • what kind of streetscapes will be used and where. Initiatives and Programs included the Community Policing program, the Clean and Safe program, marketing and events to showcase what works in the CRA. Amanda Bassiely, Planner, explained there were four modifications. 14 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 The first change had to do with properties along the west side of the FEC from Boynton Beach Boulevard to Ocean Avenue. The initial proposal had mixed use high on Boynton Beach Boulevard to 1st and mixed use medium from 1st to Ocean Avenue. The first priority from Ocean Avenue from Seacrest to the FEC on both sides of Ocean would have consistency and preserve the character of Ocean. The second priority had the same idea on Boynton Beach Boulevard; however, it is a wider arterial road. The third boundary which would be a train station area, had all of the mixed use high east of the tracks, and the first two blocks west of the tracks. The expansion of the center of mixed use high, if it was to grow, would force it to grow along Boynton Beach Boulevard, which is more conducive for height and density. The modification proposed through the CRA Advisory Board expanded mixed use high south to Ocean Avenue. Staff did not recommend the modification because it has inconsistent land uses on Ocean Avenue. The two different sides of the street at the FEC would have two different land uses and development rights. It is also inconsistent with the character of Ocean Avenue. This would mean a difference in volume and height limitations. Some could be mitigated by the Overlay District, but staff did not recommend the modification_Staff created a filler through zoning and not land use. If the Board approved the modification, staff suggested the zoning be changed to mixed use 4 so it would not be that drastic. Staff recommended approval of modification two to add a boundary for the proposed Cultural District Overlay. The boundary will encompass the entire Cultural District, from 1st Street to 2nd Street and from Seacrest to the FEC. The third modification pertained to MLK Jr. Boulevard. The initial proposal had two commercial nodes on either end of Seacrest and at the FEC. The initial proposal had high density residential at 15 dwelling units per acre, and the modification is to have mixed use low. Staff recommended approval of the change. The height will stay the same, but they will receive added density at five additional units per acre and it will permit some commercial uses. The last modification was to the Sara Sims Master Plan. The current Plan has the • boundaries of an area as recreation. The recommendation was staff would review the feasibility of transferring some recreational land into single-family homes. Approval of the modification would add a recommendation to conduct a study, followed by a public meeting, a Recreation and Parks Board review of the revised plan, followed by City Commission review and approval. Commissioner Katz asked if they constructed homes, whether it would be on the CRA's land and learned it would be the City's land. Commissioner Katz thought, since parkland would be removed, any revenue generated from those properties be earmarked to place the green space elsewhere. Ms. Bassiely explained this would not change the recreational land use. The land use in the Plan would not change; it was only a recommendation to review the feasibility of doing so. Mayor Grant asked what happens after the feasibility study. Ms. Bassiely explained the first is to add it to the CRA Plan as a recommendation to review the 15 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 process, followed by a public meeting regarding discussing the Master Plan that already exists; it would be revised and approved by the Recreation and Parks Board and City Commission. When there is a new master plan, staff can bring forward a land use amendment. Mayor Grant opened public comment. The following individuals spoke in opposition to the modifications: Paula Powers, 172 SE 30th Avenue Jean Ruzycki, SW 10th Avenue Harry Woodworth, 685 NE 15th Place, President of INCA Susan Oyer, 140 SE 27th Way Tom McClure, 2004 S. Federal Highway, Boynton Coalition for Responsible Development Nicole Buhler, 2326 Lake Drive North Herb Suss, Woodfern Drive Rodney Trzcinski, 2460 SE 13th Court, Pompano Beach, advised he was excited tO learn Isram was building within the CRA. He sits on the East CRA Advisory Committee in Pompano Beach and they experienced everything that was occurring in Boynton Beach, including issues with the neighbors and parking. By listening to the public and reinvesting money generated from the CRA into CRA projects, they receive a much better product. He described their program and other municipalities have asked to use their plan. He commented a CRA is about development and rejuvenation of an area. In 2015, there was in increase in values. The increase was not due to brick and mortar; it was by new development values and properties that are selling and being leased by residents and changing hands. They held charrettes and added elements to create a pleasing life style and a place people will go. They listened and added greenery and shade structures. If they build something people feel has added value, they will patronize the establishment. Bradley Miller, Miller Land Planning, representing Arthur and Francis D'Almeida regarding property in modification one, explained he spoke to the CRA Board about the parcel from Boynton Beach Boulevard to Ocean Avenue. It is one parcel and they also own, a parcel south of Ocean Avenue as well. They had requested the parcel be treated as a whole from Boynton Beach Boulevard to Ocean Avenue and have the mixed use high to permit 80 units to the acre. The CRA Board and the D'Almeidas agree with the lower height as density is needed for the train station. They agree with keeping the buildings lower on Ocean Avenue and with the 16-foot pedestrian areas along the roadway. He thought there were step back 16 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 issues on Boynton Beach Boulevard that would be addressed through zoning. He thought it was important the property stay whole and adjacent to the train station and Transit Oriented Development (TOD). He wanted the City Commission to continue with the modification proposed from the CRA Board from Boynton Beach Boulevard to Ocean Avenue, from the railroad tracks to NE 3rd Street on the west side. There were several comments at the development community workshops density was needed, not the height. Mr. Miller wanted to stay below the high-rise limit in their design and the D'Almeida project was 85 feet to the top of the peak. Commissioner Katz had a question about architectural design standards and wanted a committee to be formed in the future. Ms. Bassiely explained they discussed adding architectural guidelines or urban development guidelines and there are differences. This Plan establishes urban design guidelines through the overlays, which guide the maximum heights on the street, how far buildings are setback, and how they act as a whole. It was less about, architectural styles and more about how interactive they are with the public. Architectural standards pertain to the building's form and are typically tied to historical styles. Input should be obtained through public meetings. Commissioner Casello requested clarification of modification one to allow 150 feet height. The recommendation in the Plan was to have mixed use medium at a 35 foot base and a 75 foot height restriction. The modification made at the CRA Board meeting was to revise it to be mixed use high and a mixed use core land use which would permit 150 feet. These were development rights staff was recommending. The density for mixed-use core was 80 units per acre, mixed-use 4 was 60 units per acre; and mixed-use 3 was 50 units. They are within the TOD so all of those classifications receive a 25% bonus in this particular development. Mixed-use 4 is 75 units with the TOD onus. Mayor Grant researched the Woolbright and Federal Highway nodes and the 2016 traffic studies. He noted Woolbright Road exceeded its Level of Service (LOS). The south half of the Woolbright/Federal node is not in the Traffic Concurrency Exception Area and is in a Coastal Residential Exception area. The Coastal Residential area does not allow any traffic LOS requirements for new residential development. His concern was currently Woolbright and Federal is already above the LOS which is why he was concerned about increased density for the node. The Board could recommend development be mixed use4, but developers do not have to follow that recommendation and someone in the future could construct a 150-foot building at the node. He thought the Board should either keep it at mixed use medium or do a feasibility study of not allowing development in the Coastal Residential Exception area in the future. The only development that would be affected is. Isram. There is a Traffic Concurrency Exception Area north of Woolbright and a study done that reflected there would be future development in that area. He commented he would reserve . his motion to modify this on second reading. If the City Commission allows a high activity node at Woolbright and Federal, there will be gridlock and it is not possible to expand. Commissioner Casello pointed out residential development has less traffic than commercial. Mayor Grant explained Isram's report indicates it would increase one car a minute in the 17 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 morning and reduce it by 456 trips throughout the 24-hour period. If the morning peak hours are not included, it would decrease it by 500 trips. He thought it should be mixed use medium because Riverwalk does not need the density and it would prevent Sunshine Square or Bermuda Cay to increase the density above 50 units per acre if they wanted to redevelop in the future. Steve Wheery, 200 E. Broward Boulevard, Ft. Lauderdale, explained this is a new issue. Mayor Grant noted the last page of the Palm Beach County Traffic Division Historic Traffic Table Current Year 2016 handout that pertained to the two intersections. Mr. Wheery explained they propose residential density which is a change from commercial uses. An apples-to-apples comparison is less trips generated than commercial uses typically generate, and with the existing use there, they are vested for the traffic they are generating. The traffic they are proposing is actually less than what they are vested for. Mayor Grant understood there is an overall reduction generally speaking, but it is not in the morning, and the traffic study done over used the vacant Winn Dixie with 35,000 feet of retail and not an active commercial building. Mr. Wheery differed with Mayor Grant interpretation. Bryan Kelley, Simmons & White, Traffic Engineer, consultant for the Riverwalk project explained Riverwalk is not within the TCEA area which is just north of the project and they are within the Residential Coastal Exception area. There are certain exemptions allowed which has to do with the County promoting urban infill and preventing sprawl. The County asked for a more detailed analysis. When Riverwalk received its approval letter they had to conduct an additional intersection analysis at Federal and Woolbright to show it met LOS standards and the project did. From a daily perspective, it is a reduction. The morning has a little bit of an increase and the p.m. had a bit of a decrease. Mr. Kelley clarified what Mayor Grant was referring to on the Federal Highway LOS 1770 is a peak-hour directional volume threshold. When looking at the morning and afternoon peak hour tables, you compare it to the directional volume, and the peak hour directional counts and the existing counts on Federal Highway are below levelof service standards. Peak hour trips in the morning on Woolbright would increase, but less than the 1770 standard and the afternoon was 12 trips above the 1770 standards. Mr. Kelley explained these are planning level thresholds. When the count is over, the County requires them to analyze the intersections. Mayor Grant noted the study reflected the project was significant for the morning peak hour. Mr. Kelley responded significant is defined as being above 1% of the Palm Beach County standard. Broward County considers 3% to be significant and others consider it to be 5%. Mayor Grant asked if the Commission wanted to look at the Comprehensive Plan so the City could ensure they will not have traffic like Broward and Miami in the future. \Charles Powers, 172 SE 30th Avenue,.asked if the impact of high speed rail and how it would impact east and westbound traffic was included in the projections. Mr. Kelley explained the short answer was no and he commented there are positive and negative impacts when transit takes vehicles off the road. There is a benefit, but with coastal communities there will always be delays when a drawbridge opens. For transit, there are no specific discounts as they are not part of the typical County traffic study requirements. 18 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Paula Powers, 175 SE 30th Avenue, commented there will be 32 trains a day which will have a huge impact on east/west traffic. She commented they were trying to build a development that will increase traffic more. The trains will stop people from crossing and there is a bridge. Mr. Kelley commented the project has a Palm Beach County Traffic Approval letter. Commissioner Katz suggested having an architectural design committee to approve standards to conform to existing building aesthetics and structures. Motion Commissioner Katz moved for a study or review for architectural guidelines. It could be done without cost in house or at a minimal expense that could be budgeted. He favored getting better control on design standards. He believes in property rights, but thought there should be some degree of conformity, and not necessarily means uniformity. Ms. Bassiely explained this was similar to modification four. Staff would add a recommendation to start a process of some type of architectural public process, followed by a series of public meetings. Commissioner Casello asked who would sit on the review board. Commissioner Katz responded it would be professionals and community residents to review all districts. He sought to have a little more control over how buildings look moving forward. Staff would propose guidelines, a discussion of how they are reviewed and the approval process would take place. It could be done administratively or through creation of a board. It would not go in the plan. What would be in the plan is the establishment of architectural guidelines. Vice Mayor McCray noted there was already a decision made MLK Jr. Boulevard would have a Floribbean look. The other districts can decide what is appropriate or not. Ms. Bassiely explained the HOB is one of the only areas with a lot of historic architecture and it is the easiest district to implement. The other districts would be more difficult. Commissioner Katz would not want to replace a current theme. He wanted to extend it to the additional districts as they are developed. The Industrial District would not be included. Boynton Beach Boulevard, the Cultural District and HOB would be the impacted districts. Commissioner Katz explained his motion is open to any district, but certain districts would not lend themselves to much modification. His concentration would be the downtown Districts that would be developed as a result of the Plan. Commissioner Casello seconded the motion. Commissioner Romelus requested clarification the review would apply to the just the CRA, or the entire City. Commissioner Katz responded just to the CRA. Commissioner Romelus noted there is an overlap. She asked if the Planning and Development Board has an architect on the Board and learned they have a landscape architect. Ms. Bassiely explained 19 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 the processes in which projects are approved are not part of the Plan. When the guidelines are established, staff can return and discuss how they are approved. Vote The motion unanimously passed. A recommendation to add architectural guidelines for the CRA would be modification five. Attorney Cherof read proposed Ordinance 16-019, by title only on first reading. Modification one involves the parcels along the FEC from Boynton Beach Boulevard to Ocean Avenue. The proposal staff was recommending was the original proposal to have mixed-use high on Boynton Beach Boulevard and mixed-use medium towards Ocean Avenue and the modification is to extend mixed-use high from Boynton Beach Boulevard all the way to Ocean Avenue. Ms. Bassiely clarified mixed-use 4 is one of the correlating zoning district that goes to mixed-use high. An option if mixed-use high is desired throughout the site, is that they recommend mixed-use high and a zoning of mixed-use 4 to cap the height at 100 feet. Motion Commissioner Romelus moved to consider MU 4 as a recommendation so the density is at 75 feet after the TOD is included, but it caps the height so they would not create towers. Commissioner Katz seconded the motion. Vote • The motion unanimously passed. • Ms. Bassiely explained modification two adds a boundary in the overlay which was not in the original plan. It would extend the overlay to the entire Cultural District from 1st Street to 2nd Street and from Seacrest to the FEC. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Modification three involved the center area of MLK Jr. Boulevard. It was revised from high density residential to mix-use low. 20 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Motion Vice Mayor McCray so moved. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Modification four would add a recommendation to the Plan to review the feasibility for converting the western area of Sara Sims from Recreation to single-family homes. It was thought the change could accommodate 7 to 14 homes. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Modification five would add a recommendation for the establishment of architectural guidelines to the City for the CRA and was previously approved. Interim City Clerk Pyle called the roll to approve Ordinance 16-019 with exhibit A amended and the amendments should be reflected in the exhibit when it returns for second reading. Commissioner Romelus explained she was voting for the Plan due to the modifications but there are parts of the Plan she does not agree with. She commented when public comments are obtained, they should not be swept under the rug. With the modifications she looks forward to a bright future for Boynton Beach. Vote The vote was 5-0. B. PROPOSED ORDINANCE NO. 16-017 - SECOND READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. Attorney Cherof read proposed Ordinance No 16-017 by title only, on second reading. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. 21 • Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vote The motion unanimously passed. Mayor Grant opened public comment. Jeff Clemens, Florida Association for Insurance Reform, thanked the City Commission for approving the PACE program earlier in the meeting. Interim City Clerk Pyle called the roll. Vote The vote was 5-0 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Commissioner Romelus has requested this item be brought back for reconsideration - The Commission considered this item on August 16, 2016 and Mayor Grant, Commissioners Katz and Romelus voted in favor of not opting out of this contract by October 3, 2016. Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. Commissioner Romelus commented the Commission had previously voted on the issue a few weeks back. After thinking about the matter and receiving a lot of information she wanted to revisit the item. Motion Commissioner Romelus moved to reconsider the Red Light Camera Program. Commissioner Casello seconded the motion. Vote The motion passed 3-2 (Mayor Grant and Commissioner Katz dissenting.) Commissioner Romelus asked how much the lease cost, the amount needed to pay the three employees, the magistrate cost and what the City proposed to spend on legal fees. Tim Howard, Assistant City Manager, explained the cost of the program for the current year, under the existing 'agreement, the monthly rate per camera is $4,250. With 15 cameras the monthly cost is $63,750. From October 1, 2015 to August 31 2016, an 11 month period, the City paid $598,423 in lease payments. Personnel charged to the program 22 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 last fiscal year that was removed this fiscal year because staff was unsure of the program's future for three people, was $175,000. Legal fees for the 11-month period were $149,000. The cost for the magistrate for the hearings was $8,300 so far this year. The number would fluctuate based on how many hearings they have and how many cases they hear during the months. If projecting costs for a full year at a 12-month cycle with 15 cameras, the amount would be about $775,000 per year. The estimated magistrate costs would run between $8,000 and $10,000 a year and personnel costs were estimated to be about $175,000. There were no legal expenses for the first year; one year they paid $18,000 and they reached $140,000 for the last couple of years. He noted the legal issues have been resolved and reduced. He anticipated the expenses would decrease in the future. Commissioner Romelus noted there was about a $1 million expenditure in total. So far this year, the gross revenue was $2.9 million from October to August. The City sends the State their portion of$83 per citation for a total of$1.5 million. The fine is $158 and $75 stays with the City. After the State payments, the City receives $1.3 million. Last year there was a deficit, but there was not a deficit this year due to transferring the personnel out of the program fund to the General Fund. The deficit on September 30, 2015 was $293,000 because the program ceased for about four months and citations were not issued. Commissioner Katz pointed out if the program remained operational throughout the year, there would have not been a deficit. Commissioner Romelus explained when the cameras were fully operational; the program generated a $45,000 surplus. Mr. Howard agreed. Vice Mayor McCray noted a ticket is $158,000. If a violator appeals there is an additional $50 administrative fee. If they are found guilty, the fee increases $35. The City can charge up to $250, but the City only charges $35. Shana Bridgeman, Assistant City Attorney, explained violator's pay an overall lower fee if they request a hearing versus if they request a trial and go to court. The citation is $158 plus the City's administrative fee of $50. If a violator receives a uniform traffic violation the fee is $264. Mayor Grant asked if the magistrate overturned any citations and learned he did not as the City's program is in compliance with Florida Statute and all the appellant rulings. Vice Mayor McCray commented there was an attorney present who wanted to challenge the program. If an officer issues a ticket, the cost is $264 and there is the possibility of having points on the license and it is reported to the individual's insurance company. When a red light camera is involved, the points and insurance penalties no longer exist Vice Mayor McCray asked of the $264 for each ticket issued by an officer, how much Boynton Beach receives and learned it was $26. The Red Light Camera program charges a violator less and generates more revenue for the City than an in person citation. Commissioner Romelus inquired what an entry level Police Officer makes and learned it was slightly over $48,000 a year. She asked if the Police Department was fully staffed and operational and learned as of today there were seven vacancies. Chief Katz explained the Department is prepared to hire 10 Officers in December due to pending retirements. She 23 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 asked how the City compares to pay and salary to other surrounding communities and learned the City has the third highest starting salary in Palm Beach County. The City Commission has been good to the department offering 6% and 3% raises, but they had gone without raises in the past. Union negotiations are ongoing which involves a career path and pay plans. Commissioner Romelus asked how the Department compared to surrounding municipalities and learned they were competitive, but with overtime, some Sergeants make more than the Chief. Commissioner Romelus thought if the City was going to spend a million dollars a year and make a profit margin that does not make sense, she would rather spend the money on police officers and have overstaffing to allow for community policing, allowing for officers to have more face time with the public as opposed to having tickets issued and be sent in the mail. She wanted officers to be present and be a visual aspect. She commented salaries and benefits per officer was about $75,000. She wanted to hirel5 more officers to be at each and every intersection and at each district so they can be more present and the City can feel safer, reduce crime rates, burglaries and other problems. They could curb sober homes and other issues. She would rather spend it on personnel than enriching ATS and the legal department. Her position previously was supportive of public safety, but from a broader perspective, she would not support continuing the program for five more years and the City could use the money to do something else. She opined the program would be in the red. Commissioner Katz explained if the red light camera disappears, so does the $1 million and commented they cannot hire 15 new police officers with no money. If there is a way to identify an additional million in the budget to hire them, then fine, but the revenue from the camera program cannot pay for things, if the program is defunct. Mayor Grant asked how the officers could be funded. Mr. Howard explained the Commission would have to trim $1 million in expenses that are in the proposed budget and use it for additional police officers or take $1 million from Reserves. Vice Mayor McCray explained the Police Chief indicated there are six vacancies which are different than the officers patrolling the street. Mayor Grant received an email from ATS indicating they could extend the deadline to terminate the contract to December 2, 2016. Motion Mayor Grant passed the gavel and moved to table this decision for 30 days to have more discussion with ATS or see what they can do. Even if they decline to renew the contract, it is still active for the next three months. Vote The motion died for lack of a second. 24 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Commissioner Casello asked if the camera issue was being heard by the Florida Supreme Court. Ms. Bridgeman responded a request has been made, but the Supreme Court has not decided to accept it. Commissioner Casello asked if the gross red light camera fines are increasing every year and learned this year had the highest amount of fines. He commented the cameras are designed to change behaviors, reduce violations and collisions, and not generate revenue, but thought the behavior was not changing and he questioned the effectiveness of having all these cameras. He commented rear-end collisions increased 38%. If the City was interested in public safety, the Commission should attend Palm Beach County days and enact a bill to take the cell phones out of drivers' hands. He thought the Red Light Cameras was entrapment. He thought ATS could reduce the price of the camera and noted ATS was willing to renegotiate the prices. Vice Mayor McCray noted the lawyer for ATS is Mr. Oyer. He commented Ms. Oyer spoke at the last City Commission meeting in favor of the program. He did not know if she should have disclosed the relationship as the lawyer was a family member of hers. David Katz, 67 Midwood Lane, thought if the Red Light Cameras go away, a million dollars does not fall from the sky. The million Commissioner Romelus was discussing is generated by the Red Light Cameras. Mr. Howard agreed if the program goes away, the cost for the program goes away and so does the revenue that is generated by the program. He commented in reference to public safety for the City, the cameras run 365 days a year, 24 hours a day, 7 days a week, and they also assisted the Police Department in apprehending several offenders. Chief Katz confirmed it was true and they relied on ATS on numerous occasions to help with investigations ranging from violent felonies to domestic assault at no charge. Mr. Katz commented if people do not run red lights they do not get tickets. He commented he got a citation and he no longer runs the light, which is the modified behavior that was sought. Vice Mayor McCray noted the CRA was buying a License Plate Reader (LPR) and so is the City, so something else would be in place. Commissioner Katz favored public safety and commented in his discussions with ATS, the City can pay a nominal fee for the price of a LPR. He noted the LPR costs $24,000. If the City choses to ask for the additional service of having these 15 cameras turned into LPRs simultaneously, the City will acquire 15 additional LPRs at a cost nowhere close to $24,000. The potential for law enforcement to gain additional intelligence is there and it is an additional perk to maintain the system so they do not have to spend $24,000 each for a dozen LPRs. Commissioner Casello pointed out the cameras are not real time. Commissioner Katz commented in his conversations with ATS they have the service and, it would be complimentary to the program. They were offering additional services and pilot additional components at no or minimal charges. 25 Meeting Minutes City Commission • Boynton Beach, Florida September 8, 2016 Susan Oyer, 140 SE 27th Way, advised she did not speak on the Red Life Cameras as she considered it a conflict of interest. Commissioner Casello argued the City is the only municipality that uses the cameras and it will be heard by the Supreme Court. It is not because the City is unique; they have changed nobody's behavior. The cameras are generating revenue and the violations are increasing. Ameil Nutrovich, 707 6th Avenue S. Lake Worth, commented, earlier in the meeting, Commissioner Romelus commented she spoke with Harvey Oyer, Ill who represents ATS and thought it was disconcerting. Mr. Oyer called Commissioner Romelus. She had a yea vote at the last meeting and now it was a nay vote. Mayor Grant advised he was interviewed by Channel 12 when there were shots fired in District II and they kept asking him what he was doing about crime. He thought the cameras and the LPR would help ensure people are caught. It was not working on behaviors because the City is the only place with red light cameras and everywhere else individuals are running red lights and not being caught. There have been over 10 vehicular fatalities since he became Mayor. Studies have shown that fatalities and accidents will increase. He questioned what to tell someone who loses a loved one because of a red light runner. A vehicle is a deadly weapon. He agreed phones should be a first offense crime and asked if they were going to wait to July to see what would happen. The Commission can make the County safer. He commented on the Mark Wandell Act and telling individuals who loses a loved one that the City did not want to issue a violation. Commissioner Romelus received a phone call from Melissa Wandell, who told her about the loss of her loved one. Commissioner Romelus sympathized with all who lost loved ones, but she did not believe it was the end all to stop people from running lights. She commented the City needs more police on the streets talking to residents. As to the money, she still believes the individuals operating the program will be retained and there would still be legal fees. She was not against the Red Light Camera program, but thought they could use the funds allocated to run the program for other things as opposed to operating at a deficit in the coming years. Commissioner Katz reiterated the money allocated for the red light camera does not exist and thought the comments just made were not factual. Commissioner Romelus noted the $293,000 dollars that was given when the program operated at a deficit was provided. Commissioner Katz pointed out Commissioner Romelus was citing the one year they shut down cameras and there is no foreseeable shut down in the future and the City is winning the challenges almost unanimously. He thought to site an anomaly based on an event they can absolutely say contributed to that deficit is disingenuous. He thought the arguments being made to change a decision were not real. It is fact. No argument has been made to justify the reversal. He liked the revenue generated was from people committing crimes as they are breaking the law. 26 • Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Commissioner Katz asked if Chief Katz supported the Red Light Cameras and learned the cameras have proven to be beneficial. The data they have supported the continued use and he was excited about the possibility of LPRs and real time imaging. He thought they were in a good position to negotiate, but the matter was a policy decision. Commissioner Katz emphasized comments have been made tonight and at past meetings regarding dedication to public safety and at this meeting he questioned it as this vote runs counter to the statement. He asserted a no vote on this program puts the price of a life at $158. They are fighting against a $158 fine which is $100 less than a ticket with no points and insurance consequences. He hoped if he got a red light ticket, he got if from the cameras, so it would save him money, more money will go to the City and as a by-product, the Police can use those cameras for investigative purposes as well as potential LPRs. He thought if the Commission supports the Police 110% they should vote yes. There was no problem with the program except people do not like it. Commissioner Casello took exception that his vote hinges on his support of the Chief and the Department and he supports them no matter how he votes on the issue. Commissioner Casello recalled since the cameras were installed, there had been one fatality a year. He pointed out traffic fatalities was a weak argument the cameras save lives. Vice Mayor McCray attended the Magistrate hearings earlier. The violators were good citizens. Accidentally breaking the law is still breaking the law. Commissioner Katz pointed out in this instance, the facts and the video evidence are conclusive they violated the law. The Chief and Sergeant say the program is good and ATS is willing to come to the table. Motion Commissioner Katz moved to table the item for 30 days to give time to look at the additional benefit of the LPRs and real time readers. Mayor Grant seconded the motion. Vote The motion failed 2 to 3 (Vice Mayor McCray, Commissioners Case/b and Romelus dissenting.) Commissioner Romelus commented she reconsidered her vote. She was endorsed by public safety and removing the cameras was to provide for the Police Department and better fund it. Her priority is to protect residents and citizens making sure they get the best "bang for the buck". If they are going to spend money on programs that have a deficit, they should use the money for other resources to help fund the Police Department so they will be available when they are needed in the City. Motion Commissioner Casello moved to terminate the ATS contract. Vice Mayor McCray seconded the motion. 27 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vote The motion passed 3-2 (Mayor Grant and Commissioner Katz dissenting.) 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-113 - Approve the Interlocal Agreement with the Town of Ocean Ridge for the provisions of Fire Suppression, Emergency Medical and Fire Life Safety services for the term October 1, 2016 through September 30, 2028. Ms. LaVerriere explained the City has had an Interlocal Agreement with Ocean Ridge for the past 12 years. The contract had a 12-year term to provide fire and rescue services and the contract expired. Ocean Ridge was pleased with the City's services. Staff recommended entering into a new Interlocal Agreement. Chief Joseph noted there were minor language changes which were made. Commissioner Casello asked about the call volume on average and learned so far this year there were about 178 calls. Ms. LaVerriere explained the value of the contract is $1,058,000 with a built in 4% escalator clause. The contracts are revisited every three to four years, which worked out well. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. Vice Mayor McCray has requested to discuss the start time of the Holiday Parade, currently scheduled for Saturday, December 3 at.11:00am. Vice Mayor McCray explained they needed to decide a time to light the Christmas Tree and he thought the parade time should be changed and the lighting of the tree should be done on the same day. He wanted to hold the parade at 3 p.m. Wally Majors, Recreation and Parks Director, explained the change was they could delay the start of the parade for an hour or two if it rained. If the parade starts at 3 p.m., there is no room to delay. It gets dark fairly early and they have crews removing barricades and picking up equipment. Vice Mayor McCray commented the intent at 3 p.m. was to coincide with the lighting of the.tree. Last year was the first time the parade was rained out. Vice Chair McCray explained the parade always started late and they did not have a problem before. Ms. LaVerriere also explained because of the construction of 500 Ocean, they had to change the route. They were starting at 12th coming up to Ocean. It is very dark as the area was not well lit. 28 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 • Motion Vice Mayor McCray moved to have the holiday parade at 3 p.m. on Saturday and the tree lighting after that on December 3rd. He disagreed with the lighting on Seacrest Boulevard. Ms. LaVerriere commented the tree lighting is a CRA event. The parade will stay on Saturday and they will have to deal with the CRA to move the concert from Friday to Saturday night. Commissioner Casello suggested this one last time, they do what they have been doing and next year they return to the 3 p.m. parade start and have the tree lighting on the same day. Vice Mayor McCray suggested the parade start at 2 p.m. Vote The motion died for lack of a second. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-020 - FIRST READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. Attorney Cherof read proposed Ordinance 16-020 by title only, on first reading. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Mayor Grant wanted to know if there was any collective bargaining regarding the DROP program and wanted to speak with Human Resources before they approve it. Commissioner Casello explained this item only allows the person to borrow their own money. Mayor Grant explained currently they cannot talk about the DROP program, but they could if they bring it to Human Resources. It would allow the City Commission to ascertain if seven percent in perpetuity was the best deal when the City is expecting to get 7.5%. He wanted Human Resources to discuss the DROP program with the Fire Trustees. He thought the DROP program will drain the pension because the City cannot afford 7% if there is a downturn in the market. 29 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vice Mayor McCray explained they are borrowing funds against the money that is already allocated to them after they have retired. Mayor Grant agreed, but explained it is collective bargaining because current employees are asking for it for the retirees. Moving forward, it would give them more information if Human Resources speaks with them. He thought it was great for retirees before the age of 59.5 to not have to take a penalty. It would give them a tool to discuss the problems with the pension because the money they take away from the DROP means they cannot earn the .5% interest the City expects to make Interim City Clerk Pyle called the roll. • Vote The motion passed 4-1 (Mayor Grant dissenting.) 15. FUTURE AGENDA ITEMS A. Upon successful negotiations, the Commission will ratify the IAFF, SEIU and PBA union contracts-TBD B. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 C. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016 D. Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State- Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) • 30 • Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 F. Summary of legal expenses for month of August 2016, for informational purposes - September 20, 2016. G. Items from CRA Board meeting in connection with Ocean Breeze East Project - NuRock Developers: Sale of CRA land for less than market value Interlocal agreement with CRA for required Local Gov't Contribution September 20, 2016 H. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD Surprise Motors - Pioneer Auto Care (COUS 16-004) - Approval of request for Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Light Industrial) zoning district, located at 401 N. Railroad Avenue - 09-20-16 J. Futures Automotive (COUS 16-005) - Approve request for Conditional Use for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC. - 09-20-16 16. ADJOURNMENT • Motion There being no further business to discuss Vice Mayor McCray moved to adjourn. Commissioner Casello seconded the motion. Vote The motion passed. The meeting was adjourned at 10:29 p.m. (Continued on next page) 31 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 CITY OF BOYNTON BEACH /00K st ---- Ma . - - e n B. G jr. , ir- - .„. .r..tvg - --Nor ommt er- Jus., /MP r Co missioner Ch istina Romelus I '1 Col missioner- Joe Casello ATTEST I �11� J - h A. Pyle, CMC , • °'r Brim City Clerk d: L Catherine Cherry Minutes Specialist • 32 r ` i r. e Boynton Beach Recreation and Parks Department is Offering r 11 nicKelodeon •. • • __... / WORLDWIDE DAY ) lbe : • N lb lli ILF /- y 4/111 ' 41111.1111111111., .rr41111111► 411111111 41111111M1110 A FREE event for ages 4L?71ll SePtemalber 17 so:oo A.M. - I:oo P.M. Turn off the TV and some play! Congress Ave. Barrier Free Park 3111 S Congress Ave. I 561-742-6569 Free bus shuttle From Cakoasa Park 1 • Water Slides • SpongeBob Competitions Food Trucks Kids Fun Expo (free gifts) Karaoke Stage Games by :- marty, %-- I ., 4 ' ar - .., Visit www.boynton-beach.org/recreation, ilik 14,III it8isiNIiih like us onFacebook.com/boyntonbeachrecandparks, is t..2:':.°'.v .. Allow u on Twitter.com/boyntonbeachrec. o°,�s�c,o r/ W k t �p *. . F;�c * PB Palm Beach County's Patenting Resou,ce • M ©V 11 + tet; PaRenTinG i [JOOR(s °`a—pty www.pbpatenenycom ARTIP,-f+ , �r ( j I2016 Play Outdoors...Unplugged Events for Families ) % tk 7114: January 16, 10-11:30 a.m. Big Truck Rally, Sims Center @ Wilson Park, 225 NW 12th Ave. 4 March 26, 10 a.m.-1 p.m. Egg-stravaganza, Barrier Free Park, 3111 S. Congress Ave. OP /° i)� ,,s April 9, 10 a.m.-12 p.m. Spring Into Summer, Intracoastal Park, 2240 N. Federal Hwy. \` I May 21, 10-11:30 a.m. Family Fun Fest, Sims Center @ Wilson Park, 225 NW 12th Ave. June 18, 10 a.m.-1 p.m. Wacky Water Day, Denson Pool, 225 NW 12th Ave. September 17, 10 a.m.-1 p.m. Nickelodeon Worldwide Day of Play, Barrier Free Park, 3111 S. Congress Ave. sle October 15, 3-6 p.m. Fall Festival, Intracoastal Park, 2240 N. Federal Hwy. „44 , atil YNIi11iiiYi November 19, 9-11 a.m. Looney Dunes Fun Day, Oceanfront Park, 6415 N. Ocean Blvd. We 1(lake life P. ! Communit Events Boynton Beach Y Recreation BPorks Deportment July 4, 6-10:30 p.m. July 4th Celebration, Intracoastal Park, 2240 N. Federal Hwy. December 3, 3 p.m. Holiday Parade, Downtown Boynton Beach, Federal Hwy. For more information,call 561-742-6640,visit www.boynton-beach.org or follow us at Facebook.com/boyntonbeachrecandparks ,,, and Twitter.com/boyntonbeachrec. "' pa � iii,b. ,� , 0 lel ttttt .. ® as ttttt m OUTDOOR „ „ .� - ...unplugge�H �� Q ' .. n alii, Or CYC-1III M i All )+ :.,,a;,---- a �iii,i �' - PI \/ Outdoors / Cill. a % �► [The Bo nton. Y Beach.� d , Recreation & Parks Department is proud iv to present a series of free family events in area parks. V �,�, Run, climb, splash, compete and PLAY! Enjoy fun, J 6 r . A refreshments, music, laughter and activities for all ages. e� .�� 4 Call 561-742-6640 for more information. 11111114b. • • ' It lif,i f ''' . 11:1 IP"I 1 tat $ sa „„iT— 0 — $ ' tar ,, �� 11 11 1.4 .. III oo41111 11-----0 ,,,.N.,, ..„.. I 1CP i II :I 4111 4.1IP II 1:1:111111111°'LI-- -ictill - 0, ) ° s' °. P, *ii11111 ' 44..4 0\11ri too tt O V/ ;. ' i