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Minutes 09-20-16 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 20, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Vice Mayor Jim Cherof, City Attorney Commissioner Justin Katz Judith A. Pyle, Interim City Clerk Commissioner Christina Romelus Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation: Vice Mayor McCray Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call Interim City Clerk Pyle called the roll. All members were present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Romelus pulled Consent Agenda Items I and M, and requested hearing Items 12.E through M after Announcements. After further discussion, there was agreement to hear the Items before Consent Agenda. Mayor Grant requested moving Item 15.D to Unfinished Business. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Vote The motion unanimously passed. 2. OTHER A. Conduct Second Public Budget Hearing for FY 2016/2017 Proposed Annual Operating Budget. Mr. Howard explained this is the second and final hearing for the adoption of the final millage rate and budget for fiscal years 2016/2017. The City Commission had viewed PowerPoint presentations at the Budget Workshops in July and on September 8, 2016, which was the first Public Hearing. An abbreviated version was prepared based on changes made since the September 8, 2016 Public Hearing. Mr. Howard explained the purpose of the Public Hearing is to provide the opportunity to discuss the final budget. All funds that will have a budget to be adopted total $177.7 million. The General Fund budget was $79.4 million or 44.7% of all the funds. There is no increase in the tax rate and the millage was proposed to remain at 7.9 mills. Due to the home values increasing, there is a tax increase of 7.02% per the State TRIM calculations. The rolled-back rate was 7.3816. City-wide, property values increased on th average 7.9 %. The City Commission adopted the 7.9 millage rate on September 8 at the first Public Hearing. Calculations of the rollback rate were viewed with the current 7.9 millage rate as contained in the meeting materials. If the millage were dropped to the rolled back rate, the City would need to find an additional $2 million to come from additional revenues or a reduction in expenditures. Budget actions since the workshop and changes since the th September 8 City Commission meeting reflected the Red Light Camera program will end December 31st. The change will move three months of personnel over to the Red Light Camera for $42,000 and it would reduce General Fund expenditures commensurately. Since the program is ending in December, only three months of salaries would be moved to the Red Light Camera program. The corresponding adjustment is the fund balance that increased from $453,715 to $580,513. The proposed budget at the July workshop had a fund balance $426,213 and with the revised amount of $580,513 added to it, the proposed budget will need an appropriated fund balance of $1,006,726. All the funds included in the budget resolution were reviewed. The Traffic Safety fund was adjusted down to $272,281 which reflects the expenses to the end of December which covered the personnel, the lease payments for the 15 cameras for three months, any legal costs for the three months, plus the cost for the magistrate. Commissioner Casello asked what would the incoming revenue be regarding collecting the fines. Mr. Howard commented it was projected at the $272,000 and they could have more. He would not know until December, but a report will be 2 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 issued. Mr. Howard anticipated the funds would have a trickle effect into January to close out the program. All funds totaled $177.7 million. The Departments within the general fund were viewed and the percentage of change. The current amended budget for 2015/2016 is $76.5 million, and the proposed budget for 2016/2017 is $79.4 million for a $2.8 million or 3.8%. The amount of change per department and the percent change was viewed Mr. Howard explained there are two Resolutions. The first Resolution is to adopt the final millage rate and the second is to adopt the budget. Mr. Howard added the budget includes a 2% pay raise for non-represented employees, as the City Commission sets the non-represented employees and there are negotiations for the Union contracts and a $1,000 contribution from the City into HSA accounts. Commissioner Katz requested clarification not renewing the Red Light Camera contract added $130,000 worth of debt. Mr. Howard responded Commissioner Katz was correct. He requested confirmation it did not generate $1 million in savings and Mr. Howard responded affirmatively. Vice Mayor McCray wanted to know how much was saved before starting the new fiscal st year on October 1 and commented it would not be known until we get the audit report. Mr. Howard explained the current year budget for the General Fund was $76.5 million and as of today, they spent $174 million. There were still some expenses and payroll and he estimated they will be about $1 million over. Mr. Howard estimated the budget was $76.5 million and the City will have spent about $1 million under the budget. Mayor Grant asked for Public Comments. None were received. PROPOSED RESOLUTION NO. R16-115 - Adopt the final millage rate for the General Fund for Fiscal Year 2016-2017. Attorney Cherof read proposed Resolution No. R16-115. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. PROPOSED RESOLUTION NO. R16-116 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2016-2017. 3 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Attorney Cherof read proposed Resolution No. R16-116. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-117 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. Attorney Cherof read proposed Resolution NO. R16-117. Mr. Howard explained the CRA Budget was approved last month. By law, the governing body has to ratify it. The total budget to be approved was $12,031,763. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. Informational items by Members of the City Commission th Commissioner Casello attended the Chamber of Commerce luncheon on the 15. He st would attend the Coalition of Boynton West Residential Association on the 21, listening to Ms. Baker’s presentation on the one cent sales tax proposal. Later that day he will attend State Attorney Dave Aronberg’s Task Force for Sober Homes. Commissioner Katz had no informational announcements. Vice Mayor McCray advised last night he attended the INCA meeting at the Schoolhouse Children’s Museum and thanked the President for the invitation. He attended the wake for Barbara Ready’s husband. He was glad Mike Byrd from the Boynton Wildcats was present because the score board at the Hester Center was waiting for two poles to be installed and placed properly. He congratulated Glenda Hall, Forestry and Grounds Manager, because INCA had a problem with the hedges by Yachtsman Plaza. He called her and she said she would address them tomorrow, but 4 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 they addressed them later that same day. He appreciated staff’s expediency and he appreciated staff. Mayor Grant met with the Taipei Consulate Economic and Cultural Office in Miami. On th, September 13he met with Giada Caniza who he endorsed to be the future Mayor of Boynton Beach in 2040 as part of the YMCA’s campaign to, be who you want to be. He attended a luncheon meeting at Gulfstream Goodwill and toured the facility. On the th 14,he met with the Bells regarding their stores on MLK Jr. Boulevard and Cherry Hill. He also met with Career Source of Palm Beach County and explained the organization assists individuals to find jobs and helps employers find employees. The domain name is www.BoyntonBeach.work which will link to the Career Source of Palm Beach County who specializes in work for those with no experience, ages 18 to 24, ex-offenders, veterans and those with disabilities. He met with ABM for lunch. On the 15th he attended the Metropolitan Planning Organization (MPO) who reviewed the interchanges at I-95 at Gateway and Boynton Beach Boulevards. In a few years the City will have more efficient interchanges at those exits. He spoke with Senator Jeff Clemens and earlier today attended the Palm Beach County Bar Association Committee for Diversity and Inclusion. Commissioner Romelus spoke at a Women in the Ministry event earlier in the week, and she will attend the St. John Missionary Baptist Church 108th year anniversary celebration on Sunday. She thanked the police officers for apprehending 15 people in the city selling and distributing drugs. It was bothersome that individuals are establishing sober homes here and people selling drugs in the streets. She commended the Police Department and thanked Chief Katz. th Vice Mayor McCray pointed out the St. John Missionary Baptist Church 108 Celebration takes place on Wednesday night, Thursday and Friday and all are welcome to attend. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. David Dearth, representing the Florida Department of Environmental Protection (DEP), will be presenting a $50,000 check to the Mayor as part of the Florida Recreation Development Assistance Program (FRDAP) Grant award to the City for the continued development of Barrier Free Park. David Dearth, Park Manager for John D. MacArthur Beach State Park, explained they handle the FRDAP grants, which is a competitive grant that funds the acquisition or development of lands for public outdoor recreation use. This year they invested more than $7 million in 137 recreational projects in Florida. He presented the FRDAP check for $50,000 for the Congress Avenue Barrier Free Park project to assist with the construction of a new multi-station accessible playground, tennis courts and picnic facilities. He congratulated the City and looked forward to returning to see the projects 5 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 progress. Mayor Grant accepted the check. Lori LaVerriere, City Manager, acknowledged Grants Administrator, Debby Majors, did all the work for the grant and explained the funds will subsidize the largest piece of play equipment at the park. Ms. LaVerriere thanked Mr. Dearth. B. Verdenia Baker, County Administrator for Palm Beach County and Mike Burke, Chief Financial Officer for the School District of Palm Beach County will make presentations on the Palm Beach County One-Penny Sales Surtax. Ms. LaVerriere thanked Verdenia Baker, Palm Beach County Administrator, for attending the meeting to make a presentation about the one-cent surtax. Ms. Baker thanked the City Commission and residents for the opportunity to speak and commented Boynton Beach was one of the first municipalities acknowledging the need for additional revenue. Ms. Baker explained the County has addressed this issue with the community on a number of occasions. Ms. Baker explained there was a recession. During that time, the County focused on maintaining its operating levels of service as opposed to its capital improvement program, which was virtually annihilated. The County handled its repair and replacement work with a pay as you go methodology. The County had $35 million to $85 million in its capital improvement plan. When the economy crashed, the funding level decreased to $3 million in some years and $6 million in good years. In addition to lack of funding, structures were aging and many were up to 50 years old. To ensure operations and reduce liability, the County and the City has to maintain its assets and the one cent surtax is an Infrastructure surtax which will be shared 50% with the school board, 30% with the County and 20% split between the County’s municipalities. The Department of Revenue will allocate and send the funds directly from Tallahassee to each municipality. The surtax requires entities to create an Independent Oversight Committee to audit the funds and ensure they are used for the intended purpose. Tourists will pay and generate about 25% of the revenue, which was anticipated to be about $2.7 billion. If passed, the tax will end on or before December 31, 2026 and will begin January 1, 2017. By law, the tax will end in ten years whether it generates the $2.7 billion or not. If it generates the funds sooner than the 10 year timeframe, the tax will automatically end st December 31 of whatever year in which full funding occurs. The amount the County would receive was anticipated to be about $700 million, generating $6 billion in economic impacts over a 15-year period. She estimated 46,000 temporary and permanent jobs would be created. The one cent surtax will be on all transactions subject to the state sales tax, and the first $5,000 of the sale price of tangible personal property. Exempt items included groceries, baby food and formula, medicines and a few others based on Florida Statute. Ninety-eight percent of what is generated comes back to Palm Beach County. The County will not be a donor county as currently exists 6 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 with the other surtaxes paid. The funds will come back to the County and it stays local. It is the City’s intent is to provide preference for local businesses and citizens as does the County and the County was already working with community partners to ready the County’s workforce. The County created www.OneCountyOnePenny.Org, an interactive website identifying and detailing project descriptions and projected costs. County engineering projects included roads, bridges, sidewalks, signals, signalization, drainage issues, piping of canals and canal stabilization. A portion of the funds, ($196 million or 28.2%) will be used for engineering projects. Renovation of the Sheriff’s building, equipment and replacement was anticipated to use 24.5% of the funds. The sheriff’s building is about 35 years old and a roof was needed as there is moisture in the building. The jail is in the same condition. Judicial renovations for the downtown courthouse were included. The building is 33 years old, but the main emphasis for the judicial building and the jail is on the security system which is outdated. The employees using the system are retiring and the manufacture no longer makes the parts, so the system must be updated at a significant cost. Ms. Baker advised there are buckets strategically located in the Governmental Center because the roof is leaking and must be replaced. The County is also looking at playground equipment, sports, lighting and replacements, athletic fields, roadways, aquatic center, and building septic and pavilion repair and replacement. Parks and Recreation would use about 13.8% of the $700 million. The County limited new structures and opted to repair and replace existing assets. For new facilities, the County concentrated on the level of service. Two facilities were Sheriff substations in the central western corridor of the County and the other northwest corner of the County to assist the Sheriff to have appropriate response times to calls. The County was adding a district park in the west Boynton Delray area so they can service population there, which would use about 5% of the funds. Ms. Baker noted there is a homeless issue and the County has one Resource Center in th West Palm Beach off 45 Street. The facility is used to bring in the homeless, assess their needs, get them appropriate services and stabilize them. The County is in dire need of a second facility and the Board decided to create a second resource center for about $5.7 million. Affordable housing was also a main issue. If someone is sick for a month, they can lose their apartment. The Board is allocating about $25.5 million for housing units for homeless and extremely low income individuals. Palm Beach Lakes has a 40-year old bridge which is unsafe, as the lanes need to be widened. Individuals are walking and biking on the bridge at the same time as the vehicles and paths are needed to bring the bridge to current standards. Visuals of road conditions and issues in the Main Detention Center were viewed. A third party contractor reviewed what projects should move forward and they agreed the County’s methodology was sound and the County’s list of projects was appropriate. 7 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Of the $700 million, $26.4 million of the County projects are in Boynton Beach dealing with bridges, resurfacing, striping, signals and parks. Additionally, Boynton Beach should receive $50.8 million so the city will get about $77 million over a 10-year period. The statute governs how the money is spent. The County Commission passed an th Ordinance and it is placed on the ballot for November 8. It is the only county-wide question and the language lays out what the one-cent sales tax will be and the projects. It clearly states the schools, cities and counties will share in the tax and in addition talks about the penny surtax starting January 1, 2017 and automatically ends before December 31, 2026 with independent oversight by a Citizens Committee. She cannot advocate for the tax, but could educate about it. Mike Burke, on behalf of Superintendent of Schools, Robert Avossa, explained the tax would result in obtaining 50% of the revenue or $1.345 billion. This was critical because the only opportunity to bring in more revenue is go to the voters through a referendum. The schools millage and revenue authority is set in Tallahassee by the Legislature and Governor. In 2008 and 2009 during the recession, funding per student dropped about $1,000 per student and schools were struggling with their operating budgets. The Legislature, in order to avoid further reductions, had to raise the required local effort for the millage for school property tax that pays for the day-to-day operation costs. With property values plummeting during the recession, they had to raise the millage on the operating side. The Legislature does not favor increasing taxes, and to offset the amount, they reduced the school board’s local taxing authority for capital improvements, and over two years, reduced their authority 25%. For over 20 years, the school district could levy 2 mills to address their capital needs, and it was reduced to 1.5 mills and was left in place ever since. Nine years later, the school district lost $865 million that normally would have been available to maintain schools. The School District conducted a facilities assessment. The District has 30 million square feet under air in 200 facilities. Each building’s windows, roof, air conditioning, lighting, technology were compiled in a comprehensive report which was the basis to create a project list, which is available on the www.OneCountyOnePenny.org. website, including the school projects. Boynton Beach High School is scheduled to receive $2.4 million for facilities renewal work, such as painting, waterproofing, air conditioning components need to be changed out, the lighting technology and another $900,000 on top of $10.4 million to create uniform technology standards. Each teacher will have access to the same equipment. Mr. Burke encouraged all to look up different schools to see what would be done. In addition to technology, school buses need to be replaced. They deferred buying buses during the recession and there are bus breakdowns and some without air conditioning. The surtax will have a huge impact. Mr. Burke explained the School District has a good record of independent oversight. In 2004, voters approved a half cent sales tax solely for schools. The district was growing by over 5,000 students a year and there was a new constitutional amendment to reduce class size. They built over 90 schools with the half cent tax from 2004 to 2010. The 8 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 independent Committee ensured the School Board stuck with the project list, and documented how all the revenue was spent. The report of the review was called Promises Made, Promises Kept. Schools across the County are a $7 billion asset the community paid for and it is critical to maintain the investment and extend their useful lives. If not done, it will become more costly to make repairs that were deferred and they have an obligation to provide students with good learning opportunities. A short video presentation was viewed. A video produced by the School Board was reviewed. The School District needs more than $1.4 billion dollars to address building maintenance, technology, aging transportation fleet, and security enhancements. Mayor Grant asked if the School Board kept the same millage rate and learned they reduced the millage rate. Mr. Burke noted the bulk of the millage rate is set by the legislature. The District was slightly below the rollback rate and was .74% above the rollback rate, but the District was down about 6 mills. It was not by choice. The Legislature this year reduced school taxes by $500 million and there was a tax reduction. Anyone who owned property received a .29 mill reduction from the Legislature regarding schools. Commissioner Casello commended both speakers and thought it would provide a good benefit and help address those issues. Vice Mayor McCray requested Ms. Baker consider the Palm Beach County Housing Authority has vacant land in Cherry Hill and they need homes. C. Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2017 Calendar. Eleanor Krusell, Communications Manager, announced the Second Annual Digital Photo Contest. This year’s theme will focus on the City’s rich past. Residents, visitors and businesses are invited to submit historical photographs of landmarks, events, holidays, family outings, the beach marina, etc. There is no entry fee and no limit on the number of photos to be submitted. The rules are on the website and the deadline is th October 10. Each winning photograph will receive $75. The Historic Resource Preservation Board and the Boynton Beach Historical Society are promoting the contest and they hope to receive many entries. Informational flyers were in the back of the room. 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) Vice Mayor McCray wished former Commissioner, Vice Mayor and Mayor Hay a happy birthday. 9 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Jevonte Evans, 905 S. Ridge Road, Delray Beach thanked the City Commission and residents. He had previously spoken about Suits for Seniors, which was an eight-week program teaching seniors how to be successful, get a job, handle finances, be leaders and get into college. Assistant Police Chief Vanessa Snow issued a call to action and he thanked her and all on the Commission for their support. It meant alot and showed how much the community cares about the students. He thanked them and Vice Mayor McCray for his $1,000 donation. He invited anyone wanting to be involved to contact him and noted the website was www.suitsforseniors.org. The program is currently in Dwyer School in Palm Beach Gardens. th Susan Oyer, 140 SE 27 Way, noted an August 2016, article in Florida Trend magazine had an article on South Tech. The article indicated “South Tech Academy Adult Education and Associated Builders and Contractors partnered to provide a pre- apprentice program track leading to an apprentice program in plumbing, electrical work, HVAC and other construction trades.” She congratulated South Tech on making it into a prestigious magazine. She asked if pictures for the photo had to be original or be taken by the submitter, and if they could submit family pictures and learned the pictures do not have to be original from the submitter. Ms. Oyer was working to update the disposition of former mayors and learned former Mayor Vincent Gallo Sr. and he is alive and well. Vincent’s son is Steven Gallo of Gallo Insurance Agency in Delay Beach and they have a contact for now for him. Ms. Oyer worked with Janet DeVries and she learned former Mayor Betty Riscoe worked as a pharmacy tech at the Walgreens on Woolbright and Federal in the late 1970s. She did not finish out her term as she had no political experience, but she ran for mayor and was elected due to the many Walgreens customers from the retirement communities who worked on her election solely on knowing her from the store. At one time she lived in Chapel Hill and it was believed she moved to California or somewhere on the west coast many years ago. Ms. DeVries was able to ascertain she was born around 1935. She resigned in July 1981 for personal reasons and moved out of town later that year. She is believed to still be alive as no obituary was found, and Ms. DeVries will be keeping an eye out for her. Her last comment pertained to the last meeting and why there were hidden slides by CRA officials. She did not think it was appropriate. Tom McClure, 2004 S. Federal Highway, spoke as President of the Boynton Intracoastal Group (BIG) and advised BIG represents six homeowner associations along Federal Highway. He invited all to their annual fundraiser to benefit the Citizens on Patrol (COP) program run by Former Officer Rita Swan who recently retired. Each year BIG holds a golf tournament to pay for the services associated with the COP Program. This year the tournament will be held on Monday, November 14th, at the Lakeview Country Club in Delray Beach. The cost is $65 and includes a $10 breakfast, a $25 round of golf, a $35 lunch and a $20 Certificate from the PGA Superstore plus additional prizes. He noted last year, the Mayor attended. He hoped all would 10 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 participate and he gave his contact information for those wanting to attend. The Fire Department was sending four teams and they issued a challenge to the Police Department. Victor Norfus, 261 N. Palm Drive, noted one of the last things the CRA Board did that impacted the CRA, was deciding they did not want the current Director to continue to lead the CRA and the Board was now looking for a new Executive Director. Mr. Norfus noted in the past, the Heritage Celebration was held which was widely attended and supported by the CRA. It was initially a community event and the community was very involved and it brought the community together. He was told about a State grant for the historical Black section of town. Mr. Norfus thought the City needs to recognize the contribution of all its citizens and thought they should reactivate the activity, and have plans for the heritage celebration which was initially held during Black History Month. It was called Black Awareness day and it promoted many activities and accomplishments of African Americans throughout the city, state and nation. He commented the community has a lack of identify or understanding what they have done. Being the great grandson of Allen and Ellen Meeks, which is one of the oldest subdivisions in Boynton Beach, founded in 1915, Mr. Meeks was a freed slave who moved to the City and set up a homestead from the railroad tracks almost to Seacrest and raised pineapples. His Uncle Ed built several of the homes and it became part of the City. Many citizens are unaware of the contributions African Americans made. He became a grandfather two years ago and he is Italian. He pointed out his grandson was an African American Italian. He was still Black but being Black encompasses all. Heritage is not just for black people, it is for all people. Mayor Grant was unaware of the Heritage Fest as he was only in Boynton Beach for five years. th Martin Stroud, 132 NE 13 Avenue, advised he had previously spoken to the thth Commission about the canal between 14 and 13 from I-95 to Federal. He and his wife used to walk the area for down time and they stopped because it was not being taken care of properly. They started to cut it, but did not complete it. He questioned why someone should be paid if they do not finish the job. He requested someone check on employees hired to clean the areas to ensure they are doing the job they are being paid to complete. He thought the area may be old, but it deserved to be treated fairly. Mayor Grant noted the canal is owned by the Lake Worth Drainage District and the City only maintains certain areas of the land and he agreed to follow up for Mr. Stroud on the condition of the land and a sinkhole between Seacrest and I-95. nd Sarah Younger, 619 SW 2 Avenue, thanked all for voting yes on Amendment 4. She urged the citizens to vote no on Amendment 1 in November. She explained Amendment 1 is funded by big utilities protecting their own monopoly markets and limit consumer owned solar. It paves the way for barriers to penalize solar customers and it misleads them by promising rights and protections the citizens already have. She had a resolution she hoped the City would consider as a means to oppose Amendment 1 in November. 11 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Linda Cross, 625 Casa Loma Boulevard, Unit 601, noted how the one cent would be spent and she agreed with the effort. She thought there was over $200 million for jails , sheriffs and judicial. She commented the way they determine how many jails and police are needed is a graduation rate from third grade. She pointed out much less could be spent on jails if more was spent on school. She thought citizens would be much better served if more money was spent on improving schools and technology. She thought Tallahassee reducing the budget and reducing the millage was a crime. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Authorize the Mayor to travel to Orlando for Florida League of Cities Legislative Policy Committee Meetings on the following dates: Friday, September 30, 2016 Friday, October 28, 2016;and Friday and Saturday, December 8 & 9, 2016 Mayor Grant explained he was appointed to this committee and there are three dates for this year. He requested the Board approve his travel to Orlando to attend. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Authorize travel and hotel stay for Commissioner Romelus and other commissioners interested in attending the Florida League of Cities Institute for Elected Municipal Officials program in Tampa, FL, October 7- 9, 2016. Commissioner Romelus explained she planned to attend this program to educate and inform new officials in their first term. She wanted to ensure she was getting good information so she can help Boynton Beach. Vice Mayor McCray advised he had attended them as well. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. 12 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Vote The motion unanimously passed. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Alt Senior Advisory Board: 2 Alts (Items 6.E through 6. M were heard at this time.) 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. R16-118 - Approve and adopt the seconded amended and restated interlocal agreement executed by the Towns of Lantana and Mangonia Park which further updates the board of supervisors' structure for the Florida Green Finance Authority; provides for more flexibility in obtaining a quorum of the board; and changes the program name. B. PROPOSED RESOLUTION NO. R16-119 - Approve membership agreement between the City of Boynton Beach and Green Corridor PACE District for financing of qualified improvements in accordance with Section 163.08, Florida Statutes. C. PROPOSED RESOLUTION NO. R16-120 - Authorize the City Manager to sign and accept the Florida Department of State, Division of Historical Resources grant award (No. F1602) in the amount of $32,942 and to sign any documents associated with the grant on behalf of the City of Boynton Beach. 13 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 D. PROPOSED RESOLUTION NO. R16-121 - Authorize the Mayor to sign the application and agreement for Library State Aid To Public Libraries Grant for FY2016-2017. E. Approve the updated Library Long Range Plan for 2016-2021. F. PROPOSED RESOLUTION NO. R16-122 - Authorize the City Manager to sign the Developer’s Agreement with Hovsite II Casa del Mar, LLC for the off-site construction of stormwater and water main piping associated with the Casa del Mar project. The City’s share of the costs is $92,387. G. PROPOSED RESOLUTION NO. R16-123 - Approve Subordination Agreement allowing for a subordination of the City's mortgage for Charles W. Powers, Jr., and his mother Paula J. Powers for the property located at 172 S.E. 30th Ave., Boynton Beach, Florida 33435, and authorizing the City Manager to sign the Subordination Agreement. H. PROPOSED RESOLUTION NO. R16-124 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 28 and August 25, 2016 meetings and give authorization to do the following: 1) Establish wastewater user rate (O&M rate of $1.00/1,000 Gal and R&R Reserves at $0.032/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2016/2107; 2) Maintain the reclaim user rate for Hunters Run Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2016/2017; 3) Accept the 2016/2017 Proposed Capital Improvement Plan (CIP); 4) Authorization to establish reclaim user rate at $0.166/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal Year 2016/2017; 5) Accept the 2016/2017 wastewater and reclaim O&M Budgets; 6) Authorization to approve eighth amendment to interlocal agreement. I. PROPOSED RESOLUTION NO. R16-125 - Authorize the City Manager to sign all documents associated with the application, acceptance and grant agreement for the VOCA grant subject to the approval of the City Attorney. Commissioner Romelus pulled this item for information only and it was important to her that the organization educates and informs victims of domestic abuse that they have a location to find and seek help. She had information by the Broward Police Department and she gave the telephone number. She advised there are Spanish and Creole speaking individuals available to assist. The City has two professionals to assist such victims. Vice Mayor McCray pointed out abuse occurs to males as well. 14 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Motion Commissioner Romelus moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. J. PROPOSED RESOLUTION NO. R16-126 - Approve the acceptance of he Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $29,488 (2016-DJBX-0603) on August 29, 2016. The funds have been allocated towards our Community Outreach Video Production Project, SmartWater Program and K9 Unit. K. PROPOSED RESOLUTION NO. 16-127 - Approve the First Restated Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the lease of two (2) T1 lines that connect the Boynton Beach Radio Tower Site to Palm Beach County Radio Master Site. L. Approve Change Order #4 to Purchase Order #130850 to Rohl Networks, LP in the amount of $98,064.77 for the Fiber Optic Cabling project, Bid No. 017-2821-12/DJL, increasing the purchase order from $178,248.79 to $276,313.56. M. Approve Bid No.: 066-2730-16/JMA, "Sod and Sod Installation" to three (3) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for thirteen municipalities with the City of Boynton Beach as Lead Agency for the North (North Broward/Palm Beach), South (South Broward/Miami-Dade) and Central (Central Broward) regions. The bid is for one-year period with the option for three (3) additional one (1) year extensions. The estimated expenditure for the City of Boynton Beach for the one-year period is $15,000. Commissioner Romelus asked if the bids included minority and women-owned businesses. Mr. Howard explained the City received three responses and all three responses were from minority businesses. The bid is part of the Southeast Florida Governmental Cooperative Purchasing. Multiple agencies will purchase off this and the City of Boynton Beach is the lead on the bid because the City belongs to the Organization. Boynton Beach will award the bid and other cities will piggyback the bid and the City will handle all the documents. Thirteen different cities use the bids. Motion 15 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Commissioner Romelus moved to approve Items M. Vice Mayor McCray seconded the motion Vote The motion unanimously passed. N. Approve utilizing Government Services Administration (GSA) contract #GS-35F-0016T to provide telecommunication services from Windstream (PAETEC) in an amount not to exceed $40,000 for FY 2016/2017. O. Legal expenses - August 2015 - Informational at the Request of the Commission. No action required. P. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ending July 31, 2016. Q. Accept the written report to the Commission for purchases over $10,000 for the month of August 2016. R. Approve the extensions for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for September 20, 2016 - "Request for Extensions and/or Piggybacks". S. Approve the minutes from the Regular City Commission meeting held on September 8, 2016 and Special City Commission meeting held on September 13, 2016. Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the City of Boynton Beach piggyback of the City of Plantation Agreement (ITB No. 016-16) with Allied Universal Corporation for the Supply 16 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 and Delivery of Sodium Hypochlorite for an estimated annual expenditure of $325,000. The City of Plantation complied with government bid requirements equal to and/or exceeding the City of Boynton Beach requirements. Vice Mayor McCray inquired what the chemical is used for. Michael Low, Manager Technical Services, responded it is used at the West Water Treatment Plant and is part of the process control due to the technology that is used. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. Approve the City of Boynton Beach piggyback of the Palm Beach County Bid No. 16-043/ZG for the purchase of Sodium Chloride, Solar Salt Quality, with Morton Salt, Inc. Palm Beach County complied with public bid requirements equal to and/or exceeding the City of Boynton Beach requirements. The anticipated expenditure for the purchase of sodium chloride for a one-year period is $125,000. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. C. Approve utilizing the Florida State Contract 405-000-10-1 for the procurement of bulk diesel & gasoline for City fleet. Vice Mayor McCray asked how many City vehicles use diesel fuel. Jeff Livergood, Director, Public Works, responded there are roughly 175 vehicles. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote 17 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 The motion unanimously passed. D. Approve Change Order #2 to Purchase Order #160396 to Layne Heavy Civil, Inc in the amount of $303,641.00 for the Raw Water Main Segment C, Bid No. 049-2821-15/KTR, increasing the purchase order from $6,174,227.52 to $6,477,868.52 Colin Groff, Assistant City Manager, explained this is a change order due to unforeseen conditions on Woolbright Road and a 60-day extension was requested. The completion was planned for the end of October. There was improper construction done 25 years ago when they widened Woolbright Road and backfilled old structures. It is a County road. In Phase II, they found a similar issue and it was a County problem. The City asked for reimbursement and received some and they will ask again. The original deadline was it should have been completed this week. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Consider the settlement offer of Vestors Acquisitions LLC Quiet Title Action. Mayor Grant explained he engages in this type of law and asked if it would be a conflict of interest. Attorney Cherof explained if there is no personal gain coming out of the settlement, there is no conflict. Mayor Grant reviewed the item. It was noted the amount was based on a fine of $100 a day. Vice Mayor McCray noted years ago there were lien reductions and the City was still getting something for the investment. Motion Vice Mayor McCray moved to approve. Commissioner Casello asked how the lien got so large. Mayor Grant responded it is based on a fine of $100 a day that was ongoing for years. Commissioner Casello asked 18 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 if they could narrow the timeline and just foreclose earlier. Mayor Grant noted the property owner did not pay their taxes either. Vice Mayor McCray explained the property was in compliance. The lien was worth $500,000 and the home only worth $100,000. Commissioner Casello thought they should address the issues earlier in the process. Mayor Grant wanted to ensure they paid their business tax. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 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. Approve Surprise Motors-Pioneer Auto Care (COUS 16-004) Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Industrial) zoning district, located at 401 N. Railroad Avenue. Applicant: Michel Beaubrun, Beaubrun Investment, LLC. Al Jacquet, on behalf of the owners, explained the request is a conditional use application. He explained the applicant fixes cars and once in a while the customer does not pay for it. When they do not pay, the owner of the shop has the right to sell the car. The vehicles are inside the bay and not outside. This conditional use application specifies the applicant will continue operating, but he would sell one of two cars per month. The applicant will not advertise the sale online or in the newspaper and only by word of mouth. Another condition placed on the request is the green space on the east and southern sides of the building which was already addressed. Planning and Zoning recommended approval of the application with the two conditions of approval, and the applicant agreed. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion Mayor Grant asked if the application could be contingent on no code violations for one year just to ensure there are no problems. Mr. Jacquet commented they have not had any violations in 15 years and they have been at the location for 15 years. Vote 19 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 The motion unanimously passed. B. Approve Futures Automotive (COUS 16-005) 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. Michael Weiner, on behalf of the applicant, explained the request is for a conditional use. The staff report is straight forward. There are 13 conditions. All of the sales are indoors. There is one condition of approval that there be less than 35 vehicles in inventory and they agree with all the conditions of approval. The building is in pristine condition and will remain pristine. The Planning and Development Board recommended approval. The business will only engage in internet sales. No test driving will occur. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED ORDINANCE - NO. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. (To be heard on October 4, 2016 to allow 10 days notice from the first reading as required by Statute) Attorney Cherof explained there was insufficient time due to the meeting change to properly provide notice. It will be held October 4, 2016. 10. CITY MANAGER’S REPORT A. Review and provide comments on the draft Request for Qualifications (RFQ) for the Town Square Redevelopment Public-Private Partnership (P3) prior to publication. Lori LaVerriere, City Manager, explained staff prepared a scope for the Request for Qualifications (RFQ) for the Town Square project and they would discuss the scope. She met with the Commissioners and a few adjustments need to be made. Colin Groff, Assistant City Manager - Public Services, explained they held a workshop and directed staff to develop the RFQ for development teams to develop the Town Square and civic buildings including a Police Department headquarters. 20 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 The estimated schedule was to have a draft RFQ review by September 20th, release th the RFQ October 10, responses would be due November 12th and from then to th December 5 a selection committee will review the responses. If more than three responses are received, the Committee will create a short list of three teams to present to the City Commission. The first part of the RFQ will ask for the team’s qualifications, their past experience and financial capabilities. The second part is who has the best concept and financial package to meet the City’s needs for the project. The teams will th submit a conceptual plan by January 16,and there will bea month long review period. There will be public review meetings, but no comments would be taken. Mr. Groff th anticipated a Phase I contract approval March 30. It is possible construction could start within a month after the contract is signed. The RFQ includes the general project description and the overall vision for the City. Project requirements are included and split up, City building needs, open space requirements, parking requirements, design considerations, proposed land use and zoning and directions for preparing a proposal. Key design components are City Hall must stay in the Town Square property. The Old High School will be restored for civic or private uses. Some exterior and interior modifications are expected as per the ADA and building codes. The Art, Civic and Madsen Centers will be removed and moved to a new location in the Town Square, preferable in the Old High School, and the overall concept of Kids Kingdom must be included. Staff wants to ensure there is the creation of public gathering spaces such as an event lawn and amphitheater. There are certain trees the City wants preserved. The Police Headquarters can be on the High Ridge site or other sites with City approval. The High Ridge site has commercial value and it may be in the best interest of the City to allow commercial development on the site and use the funding to help fund the project. The intent is to be as flexible as possible so developers could provide the best ideas they have. Fire Station No 1 can be relocated to another city owned property. Staff recommended a revision to III.D.3 so the developers understand the Old High School must be preserved. He proposed to remove the last sentence and add, “the proposer may need to make exterior or interior modifications and the current ADA and Building Code requirements.” Staff also wanted to add language to preserve the theme of Kids Kingdom and added the sentence, “the proposer should preserve the theme and originality of the existing play equipment.” in paragraph III.D.9 Staff put in the 711 South Federal Highway site, the former AmeriGas, as a potential site for the Fire Station. Staff added it because there was talk about putting the Fire Station there, but it was a little small and not the best site for the Station. Mr. Groff sought direction from the Commission. Commissioner Casello asked how the AmeriGas property was included as a potential site for the fire station, so they added it. There was 21 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 a conceptual site plan and he thought it was discussed when the CRA was contemplating purchasing the site. Mr. Groff thought it would be better if the site was removed from the RFQ. Vice Mayor McCray clarified it was started by the CRA. The property is a commercial property and he thought it would be best used by a commercial entity. He suggested th 498 NW 14 Court in Rolling Green where the City owns property and stores dumpsters could be a better site for the Police Department as residents there complain the site is not maintained. He agreed with Commissioner Katz that High Ridge Road could be th used for a hotel site. He thought a Police Department on NW 14 Court had better ingress and egress. Mr. Groff explained staff considered different Police Department sites, but it would depend if they could gain access to the site from outside the neighborhood and there is a potential way to do that so staff included it for a Police Department. Mr. Groff explained they will let the teams that do this for a living review it and determine if a Police Headquarters would work. There was consensus to include the Rolling Green property in the RFQ. Commissioner Katz agreed AmeriGas and High Ridge Road should be used by commercial businesses. He favored Rolling Green as did Vice Mayor McCray, Mayor Grant and Commissioner Romelus. Commissioner Casello wanted to add the Ocean Breeze East site as a potential Public Safety Complex. Mr. Groff recommended waiting and pointed out staff could always add the site back in. Vice Mayor McCray did not favor the Ocean Breeze East site as there are churches there and when services are ongoing, sirens will be sounding. Vice Mayor McCray thought what was on the table was the best use of the property. Ms. LaVerriere explained Rolling Green has access and drainage challenges which would be explored. There was consensus for the Rolling Green site. Mayor Grant asked if there was consensus regarding the changes to the Old High School and Kids Kingdom. Commissioner Romelus liked the language change for Kids Kingdom. She had pictures of what Veterans Park in Delray used to look like and what it looks like now. She did not want Kids Kingdom to lose its originality and the language preserves it. Motion Vice Mayor McCray moved to approve the RFQ for the City of Boynton Town Square Redevelopment. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 22 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 15. D. 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 (Future Agenda Item) Mayor Grant wanted to discuss the Quantum Park Overlay District and spoke with a property owner and received a letter from another property owner regarding dissolving the Quantum Park Overlay District Board. He wanted to meet with the Board and he noted the City Commission has the ability to remove a board member that is not acting responsibly. He wanted information on who sits on the Board, their qualifications to ensure they are doing the best job for the District. The City removed most of the Board’s functions except for drainage and paying the bond. He recalled Commissioner Katz had indicated the City could serve the District better regarding drainage and Mayor Grant wanted to explore the City taking over that function, so that the only remaining task the Board has is to pay off the Board. There are several ongoing lawsuits with the property owners association and Mayor Grant thought legal should review the issue to ensure the Association is adhering to applicable laws as the City is a property owner. Mayor Grant preferred the Board appear before the City Commission instead. Attorney Cherof will bring forward an agenda with the details Mayor Grant had mentioned who was on the board. Commissioner Katz pointed out he brought this item up months ago and delayed bringing it back up because there was research being conducted. Attorney Cherof was already reviewing the lawsuits. Commissioner Katz explained his intent when bringing the item up was the District was wasting $400,000 of taxpayer money every year. He was not opposed to investigating all angled, but he was moving the issue slowly because there are a lot of aspects to it that need to be considered. His goal is to reduce the tax burden for those who live within the District, not necessarily replace the Board. If Board members are replaced, the cost may go down slightly, but the tax savings quoted by Mr. Groff, the City could cut their taxes in half or maintain their tax level and pay off the debt at an accelerated pace. He sought to reduce the tax burden for those living within the District. For right now, if there is a half a million in savings, keeping the board or changing board members deviates his desire. He had no problem directing Attorney Cherof to investigate other information, but for the next meeting they can discuss the lawsuits, the potential implications of dissolving the district. The lawyers from the district and lawyers for property owners will state their cases. He thought it would be prudent to wait to the next meeting to permit Attorney Cherof to present his analysis of the lawsuit which was his stated intent for the past five months. Vice Mayor McCray recalled receiving an email about the issue. Attorney Cherof clarified the communication indicated they would hold the City harmless if they were successful in obtaining judgments against any of the other parties they are in litigation with, including the City and the City would not have to pay any of those claims or judgments. The email fell well short of what the City would expect for a formal hold 23 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 harmless agreement, but the attorney who authorized the communication indicated he would draft a hold harmless agreement, which Attorney Cherof hoped to provide an analysis on at the next City Commission meeting when he discusses the case which resulted in the need for the hold harmless. Mayor Grant thought the property owners association should be included in the review of the lawsuits. He noted this was causing a lot of harm to the City because there are property owners wanting to develop and if developed, the City gets the tax revenue. He thought if the property owners association is not approving the development, Mayor Grant wanted to know if there was a way to go around the association or see if they are doing anything illegal by withholding property rights. Attorney Cherof advised he would cover that in the overview and he would condense a lot of litigation with a lot of issues by the next meeting. Attorney Cherof would include the make-up of the Board. Mayor Grant requested the property association bylaws be included in the presentation. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-128 - Approve and ratify the reopened and amended Articles: Group Insurance and Wages of the Collective Bargaining Agreement between the Boynton Beach Fire Fighters and Paramedics, IAFF, Local 1891 and the City of Boynton Beach. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-129 - Approve the Interlocal Agreement with the Town of Briny Breezes for the provisions of law enforcement services for the term October 1, 2016 through September 30, 2019. Motion Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote 24 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 The motion unanimously passed. C. PROPOSED RESOLUTION NO. R16-130 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) in association with their application for the 4% tax credit for Low Income Housing Tax Credits along with a State Apartment Incentive Loan (SAIL) for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. Approve the release of land parcels owned by the CRA as outlined in the Purchase and Development agreement with Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) approved at the CRA Board meeting on September 13, 2016. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. In response to a question from Mayor Grant, Attorney Cherof advised one motion was sufficient for items E through M. Vice Mayor McCray pointed out he had already spent his Community Support money. Motion Vice Mayor McCray moved to approve items E through M. Commissioner Romelus seconded the motion. 25 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 E. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to the Youth Enrichment Association for Academics & Athletics - East Boynton Wildcats Mike Byrd, President, Youth Enrichment Association, the parent company of the East Boynton Wildcats, advised the Association serves over 350 youth in the City. They offer youth football and cheerleading and are involved in their education. The season normally runs from July to December and they hold a cheerleading competition at the end of the year and he noted Commissioner Casello would help out with the program this year. Commissioner Casello praised Mr. Byrd and the program. Mr. Byrd agreed to email the schedule to the Commission and commented some of their former Saturday players are now playing college football. F. Approve the request of Commissioner Romelus to distribute $500 to the Caridad Center. Scarlett Fave, Social Services Director, and Dolleen Ewing, Development Director, Caridad Center were present. Ms. Fave explained their mission is to upgrade the health education and living standards of children and families they serve. Last month Social Services issued over 1,000 backpacks with age appropriate school supplies, uniforms and shoes. The Center has a free health clinic, and provide health specialties . All the doctors are volunteers. Ms. Ewing commented they have about 26,000 patient visits per year, and are saving the residents in Palm Beach County $5.1 million annually keeping people out of the Emergency Rooms and all benefits from the clinic. The Center is for the working poor who have nowhere else to go. Doctors at the Center donated $2.8 million to $3 million annually in services. The Center is the only clinic with specialties and they are the largest in Florida. She invited all to attend. G. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to the Marie Louise Community Foundation, Inc. for the October 1, 2016 Breast Cancer Awareness Walk and Health Fair. An unidentified woman from the Marie Louise Community Foundation thanked the City Commission for letting them use the park last October. Six woman were diagnosed with breast and cervical cancer that day, two of which are still receiving treatment. On st October 1 they are holding a Walk Against Breast Cancer to raise awareness of breast cancer and reduce the stigma of breast cancer in the Haitian community. O On behalf of the Haitian community she thanked the Commission for the use of the park. H. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. 26 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 Commissioner Romelus noted Growing Strong Ministries could not be present, but highlighted they were hosting a Thanksgiving food drive to benefit Boynton Beach residents. I. Approve the request of Commissioner Katz to distribute $1,000 of his Community Support Funds to the Boynton Beach High School for the Homeless Teen Inside Out Project Exhibition. J. Approve the request of Commissioner Katz to distribute $1,000 of his Community Support Funds to Abbey's Angels. K. Approve the request of Commissioner Casello to distribute $1,000 of his Community Support Funds to the GBDC Entrepreneurship Institute. L. Approve the request of Commissioner Casello to distribute $1,000 of his Community Support Funds to the East Boynton Wildcats for travel and lodging for the annual cheerleading competition. M. Approve the request of Mayor Grant to distribute $750 of his Community Support Funds to the GBDC Entrepreneurship Institute. Vote The motion unanimously passed. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD - 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. (To be heard on October 4, 2016 to allow 10 days notice from the first reading as required by Statute) 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - November,2016 B. Monthly Departmental Presentations: Development - October 2016 Fire - October 2016 Human Resources - November 2016 27 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 C. 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) D. 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 E. Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts-TBD 16. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:34 p.m. (Continued on the next page) 28 Meeting Minutes City Commission Boynton Beach, Florida September 20, 2016 CITY OF BOYNTON BEACH ___________________________ Mayor - Steven B. Grant ___________________________ Vice Mayor - Mack McCray __________________________ Commissioner - Justin Katz ___________________________ Commissioner - Christina Romelus ___________________________ Commissioner - Joe Casello ATTEST ___________________________________ Judith A. Pyle, CMC City Clerk ___________________________________ Catherine Cherry Minutes Specialist 29 1. i 11110Jaiti�on Spinal Tap Mechanical engineer Peter Harris•came to the _:_ :; ;'u e i' U.S.from South Africa 23 years ago and has worked :— --' ' �• for much of that time in the spinal implant industry.A { 1 "-., `' •- (f) startup brought him to south Florida in 2008.When . "� rEP.1, '- ` - ...::01't?-::-,.Y Ki i it relocated to Utah,he stayed behind and eventually - 41 ---4 7-. i„ started his own spinal implarit company, FloSpine. _„a- . .477-T' x .. - - - y... Harris says his company's device advances the field ' ,. = because it's modular and is adaptable for use in11\ `z . - minimally invasive surgeries,and for treating spinals '«• ' , .deformities from scoliosis and degenerative disc dis- ' Peter Harris -• ease. Housed at the Research Park at Florida Atlantic • 4. '' ` University,the four-person company is breaking1:,1 ; _.x:,1-4.,, ,'yr '1 [2 even,he says,after shipping its first product in April a $,_, s; 2015. First year sales totaled$656,000. .._ r. ! t 0. t- _ -- ;�•.•, and to build prominence Contractors partnered to agents launder money PORT ST.L JOIE-A ` © 't°s I a '• in the fields of healthy provide a pre-apprentice from a fictitious illegal federal bankruptcy court i ` ii '2'.3-'''''"#17: +?'-- r,', aging, neuroscience, program track leading to gambling business and judge approved hav- i � " i- ocean science,engi- an apprentice program - from the sale of narcotics . ing insurers for aigital SII is neering/environmental in plumbing,electrical and counterfeit Viagra Domain,the failed !' i`., 8OC">°';:6T0t]-Con- sciences.and sensing work, HVAC and other in return for a 5%fee. entertainment company 'L i sumer goods distributor and smartsystems.. construction trades. The alleged activity brought to the city by 1. [7 Epoca International BOYNTON BEACH- DAVIE-The state - didn't involve Koslow's. millions of dollars in l' 1 will add 17 jobs to its SosathTech Academy Agency for Health Care firm,Becker&Poliakoff. incentives,pay roughly rc existing 23 after re- Adult Education and Administration approved Koslow and Mohr have $3 million each to the : 'rvl r' ceiving state and local Associated Builders and HCA East Florida's pleaded not guilty. city and state.The deci- incentives. Its products request to move its MAf'IGONIA PARK- sion was part of a global I include coffee and tea _ Plantation General Apparel and textile settlement for company ! i I. ware, beverage servers. - 77:7'7':111:7'17;::77:117/ - ' _ • F••• • • ?•1 ,Z•r• •o• . . , . ' • • ; ••,„...`,. • 1 •• 1 -,/ •7 ••• CITY OF BOYNTON BEACH . 0 J 1••••, • • • • 2nd PUBLIC BUDGET HEARING September 2016 9 'Fr . F. ' • '. .• , . •• . ; 1 ' .• 1 • MILLAGE RATE & FINAL BUDGET OVERVIEW for FY20 16-20 17 _ • . ; .; ,, • : •- ." • ; . • • ; .. . PURPOSE OF PUBLIC HEARING . , C' . 7. • To provide the opportunity to discuss the ; adoption of the Final Millage Rate and • . • B1.• ;_ •• udets for FY 2016- 1 7 .. • • ... •• . : • • • .• • $ 177.7M for all Funds • • $79.4M for the General Fund 44.7% of • ° all Funds . .„ .. •, . . . . ,• . •1- • .- • z • : o R 1 . . • . . • - : . • ,• • .: ; • •' GENERAL FUND . oFFsaa?. State Truth in Millage (TRIM) V: -- • Proposed Ad Valorem Tax Rate = 7.9000 f ( 0 No rate increase, from the current 7.9000 mills • The actual tax increase = 7.02% per State TRIM 6 • calculations over Rolled-back Rate of 7.3816 6.. j 0 Citywide property values increased approximately 7.9% • Note: Commission Proposed Millage Rate 7.9000 (Adopted at September 8th, 2016 Public Hearing) 3 4 9`n g. 4 j GENERAL FUND 5 f Proposed Tax Levy vs. Rollback Rate (Decrease) Current State Proposed Roll Back Tax Rate Tax Rate 7.9000 7.3816 ' - Tax Rate Increase 0.00% 7.02% Current Year Assessed Value per PA $5,026,864,382 $5,026,864,382 Gross Taxes Increase (over Rollback Rate Taxes) 7.02% 0.00 Taxes on Property Values $ 39,712,229 $ 37,106,302 Less CRA TIF & Discounts $ (8,072,057) $ (7,536,906) • Net Property Taxes $ 31,640,172 $ 29,569,396 Other Revenues $ 31,912,416 $ 31,912,416 Total Revenues $ 63,552,588 $ 61,481,812 Transfers From Other Funds $ 14,842,000 $ 14,842,000 ( . . Total Revenues & Transfers $ 78,394,588 $ 76,323,812 Appropriation of Fund Balance $ 1,006,726 $ 1,006,726 Total Expenditures $ 79,401,314 $ 79,401,314 Budget (Deficit) Surplus $ - $ (2,070,776) 4 } „, BUDGETACTIONS SINCE t\ :44 44c0e WORKSHOP t. ,----LL--,+ Funding / ,-- - --'1 Sources Expenditures I CM Proposed GF Budget (Millage Rate @ 7.9000) $'.78,549,586 °$ ;78,549,586 .j ¢ j , Proposed Expenditure Adjustments i 6 61 4. Golf Transfer to support"Greens" Capital Project { $ 300,000 ' Transfer to Risk M mt. - Clinic Support 326,850' , _- g PP t $ .. *Transfer of personnel to Traffic Fund from Police 2110 (Oct - Dec 2016) 1 $ (42,266)1 ` ± Reduce budget for Physicals in Police 2110 4 $. (90,000)• .: Reduce budget for Physicals in Fire 2210 $ (65,000); Community Standard Department (2211) , Police (2111) Adjustment $ (996,330); Fire (2210) Adjustment $ . (849,724) Development (2410) Adjustment $. , . (57,229) I: I Community Standard Department (2211) : : . . $° : 2,166,683 Personnel Impact 6 Firefighter positions - $420,000 - begin 4/1/17 thru 9/30/17 $ 210,000 Fire AFG Grant Match - budget adjustment i. . . $ (62,256)! r " ! Recreation - Expand Open Pool Hrs - P/T Office + 3 Seasonal Lifeguards P P 9 $ : . : 11;000 Proposed Revenue & Fund Balance Transfer Adjustments Increase in Assessed Taxable Values @ 6/29 per PA $: 74,215 ILA - CRA Community Standards $ 134,000 CRA - Reimbursement (increase from $200K to $263K) i. $ : 63,000 6. ? * Additional Fund Balance appropriation ($453,715 to $580,513) $ 580,513 {' 4 Adjustment i :$' $ - . . Proposed GF Budget .$ 79,401,314 $ 79,401,314' Proposed Fund Balance at Public Workshop $ 426,213 Workshop Adjustments-additional fund balance required $ 580,513 Adjusted Proposed Fund Balance $ 1,006,726 ALL FUNDS - EXPENDITURES EXPENDITURE SUMMARY 2016-17 ,,- - ,j POST % of '. „- • CLASSIFICATION BUDGET(@ 9-8-16) All Funds i i .1 GENERAL FUND TOTAL GENERAL FUND 79,401,314 44.7% j. . ENTERPRISE FUNDS � •�, ._-%'{ WATER&SEWER FUND 42,245,296 23.8% SOLID WASTE 11,367,066 6.4% ;.: GOLF COURSE 2,043,792 1.2% TOTAL ENTERPRISE FUNDS 55,656,154 INTERNAL SERVICE FUNDS FLEET MAINTENANCE 5,727,258 3.2% , WAREHOUSE 305,208 0.2% SELF INSURANCE 5,071,095 2.9% TOTAL INTERNAL SERVICE FUNDS 11,103,561 SPECIAL REVENUE FUNDS TRAFFIC SAFETY 272,281 0.2% • ? LOCAL OPTION GAS TAX 1,200,000 0.7% PUBLIC ARTS 250,459 0.1% RECREATION PROGRAM REVENUE 863,591 0.5% , COMMUNITY IMPROVEMENTS 234,254 0.1% CEMETERY 350,218 0.2% TOTAL SPECIAL REVENUE FUNDS 3,170,803 CAPITAL IMPROVEMENT PROJECTS PARKS&RECREATION TRUST 209,020 0.1% GENERAL GOVERNMENT 1,948,388 1.1% UTILITY 16,822,000 9.5% TOTAL CAPITAL IMPROVEMENT PROJECTS 18,979,408 DEBT SERVICE FUNDS TOTAL DEBT SERVICE FUNDS 9,401,000 5.3% i, • . TOTAL PROPOSED FOR ALL FUNDS $ 177,712,240 100.0% 6 - 1GENERAL FUND A, CoQ Lit z 1 , .,: Department Budget ComparisonP ----.*1 FY 2015-16 FY 2016-17 FY 2016-17 FY 2016-17 Amended Proposed Amount % . 1 GENERAL FUND DEPARTMENTS Budget Budget Change Change City Commission $ 260,692 $ 231,706 (28,986) -11.1% = City Manager 585,310 696,119. 110,809 18.9% City Hall/General Admin. 3,326,639 4,039,726 713,087 21.4% i , Marketing/Communications 234,811 314,841 :, 80,030 34.1% ` . City Clerk 611,709 605,165 (6,544) -1.1% Financial Services 1,175,704 1,186,767 ' 11,063 0.9% Information Technology 2,036,828 2,247,432 210,604 10.3% Human Resources 755,200 80.6,830: 51,630 6.8% i City Attorney 600,944 61.5,411' `: 14,467 2.4% j Police - Uniform Services 13,798,329 16,107,211 2,308,882 16.7% Police - Administrative Services 7,276,098 : . 3,803,34 (3,472,750) -47.7% Police - Support Services 8,386,870 . .9,153;124. 766,254 9.1% a i 1 P 1 7 $ e X 4 1111 p GENERAL FUND F, Bo „f„-”' � i ,' Department Budget Comparison (cont'd) i, FY 2015-16 . :FY 2016-17 FY 2016-17 FY 2016-17 Amended Proposed Amount % GENERAL FUND DEPARTMENTS Budget Budget ' Change Change Fire 21,927,587 21,789,868 (137,719) -0.6% Community Standard - 2,166,683 . 2,166,683 - I 1, Emergency Mgmt 81,914 22,870 (59,044) -72.1% I Development Services 1,000,576 1,091,800 91,224 9.1% Building 1,191,318 1,200,588 9,270 0.8% 1 Planning & Zoning 742,572 733,234 (9,338) -1.3% f : ; Economic Development 266,108 231,749 (34,359) -12.9% Public Works Admin. 221,695 223,397 1,702 0.8% Facilities Mgmt. 1,611,462 1,851,035 239,573 14.9% Streets Maintenance 1,085,307 1,128,602 43,295 4.0% r : Engineering 675,777 693;132 17,355 2.6% Parks & Grounds 3,127,631 2,977,762.. (149,869) -4.8% Library 2,261,401 2,253,461 °' (7,940) -0.4% School Museum Services 301,653 269,372'. (32,281) -10.7% Recreation 2,974,429 2,960,081 (14,348) -0.5% Totals $ 76,518,564 $ 79,401,314 $ 2,882,750 3.8% 8 1 . 1 • w 4 0 • • • 1 • . la' • • - • 0.44c • - I • .1 FY201 6- '1 7 2nd PUBLIC BUDGET HEARING 1 .•• •• • _ • . . . - • . . Any Questions? • • . • •; • , • •• • .• • • . • . . 1- • -9 • DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Futures Automotive (COUS 16 -005) APPLICANT: Michael Weiner, Weiner & Thompson, P.A. APPLICANT'S ADDRESS: 10 S.E. 1 Avenue, Suite C, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2016 APPROVAL SOUGHT: Conditional Use approval for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. LOCATION OF PROPERTY: 121 Commerce Road DRAWING(S): SEE EXHIBITS "B" & "C" 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 _ (AS 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 "D" 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: r77o4/e �/ / DATED: A ZU �� il IrLr / / ity Clerk M S:\ Planning \SHAREMP\PROJECTS1Futures Automotive \COOS 16- 0050O.doc EXHIBIT "E" Conditions of Approval Project name: Futures Automotive —121 Commerce Road File number: COUS 16 -005 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The inventory of vehicles for sale shall be limited to 35, all of which shall be stored indoors, in compliance with the code. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. 7141—€ /j S:\Planning\SHARED\WP \PROJECTS \Futures Automotive \COUS 16 -0051 •A post P&D.doc EXHIBIT A LOCATION MAP "' li t i lq . : 1: i i i t Al' C 1; &II!' - t [ , . J jr ,. - t... 4 0 ■ 1 4 ,,0 ' 14..— 0 a . r 1 t 4 - i , -, .."44-- ''; '' 14 ! ( Cedar / f „. , C inipi ' ' .4 w:,r .: gym° -,2 •"' ; 4. *10' Z , i. L01,,. -. ''''i; , i tl• '', . i I ... , . , ii ' i : id i i a , 41,,t ,n,gtgt. 4 II • :_i . ,., .,., g , g , . wr „ 1,4-44,414if I i • ri ► ;, Commerce Rd = 4. • �l! i I f f — _ t „wee: _. - , . _. - - _ __ a : 1 d F� Y . k�[ ro3 1 i r., ? �Q ili { fr • '�~ t is . i llilk i''2 7 e — — — Industrial Way 'w 1 �: {!g is N 0 62.5125 250 375 500 ', Feet • 13 1,1•■111111•11111•111= ■ • INNI■11=11111 SI WINVI V SlOallHOUV '-', MT SDWEEROO ,LV - cn Os \ slimmosmom i c7I 7 ct- ""' "' ' "I' "" ''''' ' a lms - 'II :M. )Thil ,7021ZIVIVOD a DGI2I HDIH E 1 - 0 - •-• "`' 4,.... h sal. la Ions OBTIO an 31 sr , . ! 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"n , - 1 - -41i 1- • i ., - t ' . ---'-e , 1 —____, .._____.' 0 41111111i JEN!, LLC IIIIIIIII 1:1D 111 11 GOMM= 110. .,,) FLOOR PLAN SNACK IL *101 IIIIIIIP I '. � «; Z . t .SY. y. $ n y v a y ea v, '1 k '. t � ti F -Y { / i 31,, ' 1 4 b w ' .` tab Y..•y M1 is v^F - liklikk4 1 �"+•�� • 0 - . it S` f s 1 C:7'4901::::'! ' ' -,,:"I''',f.LS'i.v. '`:!: - ';'i.::::'i ..,,,4f,s '',; d „, Ic 4, % 4 �'" _ 4 d itiffilt io,„.. ,Fy,* 4;,;;;. , . t 437. LY' 4 r— 11 1 l "_ r` k` :' & yam ' r t � y +t , "��, e , + • y: � ptc� ,Jy ' z 3 „ '. ° v 4$" 2 s4 .. • i ■____ —...,_ .4„. .0.- ......... ..._._ .... ....,...._ ..... , ii ---- mask , ili—ii toil, - - .. A _ , ,,.‘ - ---„, —N, ( } ii j , , ill . s ,4 f A "' t # aI DESCRIPTION Applicant plans to operate a highly specialized internet based automotive sales business dealing in classic and limited edition automobiles. They are requesting a Conditional Use to allow automobile sales on the property thereby permitting them to apply for a Florida Department of Motor Vehicles automotive dealer's license. Applicant anticipates selling up to ten vehicles per year to buyers who have found a particular model from an Internet search. Prospective buyers, looking to purchase automobiles which range in value from $100k to $500k and come from throughout the United States and internationally, will be encouraged to frequent local Boynton Beach hotels and businesses during their stay. Applicant plans to have an inventory of up to thirty -five (35) automobiles (see attached Floor Plan). All vehicles will be stored indoors. No maintenance will be performed on -site with the exception of minor upkeep, such as an oil changes and tire rotations, as needed on a limited bases. No changes to the building will be made in anticipation of the Conditional Use. Since acquiring the property, Applicant has upgraded the building's fire sprinkler and security systems. The City's land development regulations were recently revised to allow vehicle sales within the Planned Industrial Development (PID) Zoning District as conditional uses. Standards for Evaluating Conditional Uses. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Ingress and egress to the subject property will not change as a result of this request. The property currently has a front access drive with a wide turning radius to allow for the ingress and egress of semi - trailer trucks delivering automobiles. 2. Off- street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; The property currently has sufficient off- street parking and loading areas for the Applicant's intended use. No changes will be made to these items as a result of this 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Refuse and service areas will not change as a result of this request. 4. Utilities, with reference to locations, availability, and compatibility; Existing utilities are sufficient for Applicant's proposed operations and will not change as a result of this request. 5. Screening, buffering and landscaping with reference to type, dimensions, and character; The property's landscaping will not change as a result of this request. Existing landscaping around the building meets current requirements and is maintained on a regular basis. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Exterior lighting will not change as a result of this request. The Applicant will apply for new building signage from the Boynton Beach Building Department upon approval of the Conditional Use. 7. Required setbacks and other open spaces; The existing building meets required setbacks and open space requirements which will not change as a result of this request. 8. General compatibility with adjacent properties, and other property in the zoning district; The intended use of the property is compatible with adjacent properties in the Planned Industrial District which include the headquarters of an automotive race team, luxury limousine service, a motorcycle dealer and a private luxury automobile collection. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; The height of the building meets current code requirements and will not change as a result of this request. 10. Economic effects on adjacent and nearby properties, and the city as a whole; Applicant has cleaned and improved the property and will encourage its customers to use local businesses while in town to purchase an automobile. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; Not applicable. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15 -8; and The proposed use will not create noise, vibration, odor or interfere with the reasonable use or enjoyment of adjacent or nearby properties. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: Not applicable. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Surprise Motors — Pioneer Auto Care (COUS 16 -004) APPLICANT: Michel Beaubrun APPLICANT'S ADDRESS: 401 N. Railroad Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2016 APPROVAL SOUGHT: Conditional Use approval for automotive sales accessory to an automotive repair facility in the M -1 (Industrial) zoning district, located at the 401 N. Railroad Avenue LOCATION OF PROPERTY: 401 N. Railroad 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 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 "D" with notation "Included." 4. The Applicant' request is hereby RANTED 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: /Ud�l DATED: 9/,z 4� / City r S: \Planning \SHARED \WP \PROJECTS \Surprise Motors - Pioneer Auto Care \COUS 16- 004 \DO.doc EXHIBIT "E" Conditions of Approval Project name: Surprise Motors — Pioneer Auto Care File number: COUS 16 -004 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The inventory of vehicles for sale shall be limited to 2, which shall be stored indoors, in compliance with the code. X 2. The landscape strips along the east and south sides of the building shall have the gaps filled in with additional plant material to create a X full and complete foundation landscaping scheme. COMMUNITY REDEVELOPMENT AGENCY Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. 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N O 0 W� S � � q M a 1 0,1E • = C �O i• . . y T 'm m m . ��'li cn Z ^ '1 th 6 s, -- ,J= D < ` v m io « O O ro m d65 x cg el <; . n s -. - „A NE 7 S X ou to m Z l EXHIBIT "B" t - PROPERTY LINE ITYP.1_____ - -- ,.. — - -- — — _ _ FENCE(TYP. _ •_ 1 .-� ®74.0. ........ — 10.5' i I; '�� _.` - --- -- r offi / 121 _ 1111111 . .iii" • -- 1 ' 1T -/ I AUTO INVENTORY AR AUTO WORK AREA I I LL) - cr 1 il .4 il AUTO WORK AREA Q • CUSTOMER I q ARKING �� ONE STORY S x 1 1 ' AR Q a BUILDING Y a— ■ O I I` COVERED I_ PARKING j I i 0 J t ` 2 - 1 ! i' I I 6 5 • • . � Q i ! - USTOMER PARKING AREA I AUTO WORK AREA I . 1 Ul - - _ - - _ - OVERHEAD DOOR (TYP. ' trill I • _24.5' Iowa 4 _ �� — 1 - � - 45.5 _ _ - / EDGE KING OF COVERED AREA — _��`� i - -..�,� 3 GATES - -- ppj PARKING PLAN CUSTOMER DROP OFF AREA PIONEER AUTO BODY /& AUTO REPAIR 401 N RAILROAD AVE. BOYNTON BEACH, FL N.E. 3RD AVE. 08+17,1e NOT TO S CALE ' NOTE: DIMENSIONS APE MPAOMIMATE • 4 � 1 � g EXFlIBIT C o � ms 's 1 tJ t .:, . #,k '''7'' 2_ f '� fi -•y 1 . _ � • • , •. r: '' '', '. , ,, „„,,, ,..4,, ' _ g w 1 . ate: { ' i ' ; ' , ,' - 1, # 41t 7r . P,. 1 t }t 1 / fix ,„ y '/ r ';;;t4-#..-••!••:;"•.:::-;•.;,;-,:_,- '� j ''‘, ' ' ';•.;Pto. • ' \ ■• . f � � '� ' P / t `' ); Y . i �y { - /,,f.1 C t � � t � v / J t 1 K 1 4 1 1� • • 4K/ i r y ' , f' t, , \ , .,,,.a p.� t 4 • , �' .+ 1.r I,* .ra r • V ter ' : zr , ,. • • f t" ¢` , i 1 I @1 Kid ■ 'k .,� ; r r e f - __yy r \, 4, . .s - Me� f' a ,„r v x i r g•. ,� t 7* ;s: 1 \4, ""' N . . ,'.,'.../ , .4 ic • i' ',. v , t ` , 4 t y b lia. t � { s i y rr • �1 bps # ! 1 , , .' . , , a _ ' - ) Sl 1 t4)11 �� EXHIBIT "D" Auto Care Ott. 401 N. Railroad Ave. B orman Baaelk, !t 33430 Michel Beaubrun Tala:(5$1)379 -7977 Fax:(551)375 -$705 President Florida Registration: iiy -47i59 Email: pioneerautocare @gmail.com To: Mr. Edgar Breese Principle Planner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Thursday, August 11, 2016 Dear Mr. Breese: This addendum is in reference to Pioneer Auto Care's dealership licensure for the city of Boynton Beach. Pioneer Auto Care has been at its current location of Boynton Beach for the past fourteen years and provides services that include, but are not limited to maintenance, automotive repairs, body work, and acquires used vehicle ownership by default agreements from his primary auto body and repair business. In the course of one year, Pioneer sells approximately twenty cars, but only one or two cars maximum are stored within the building at any given point and time. Pioneer will not utilize intemet, newspaper, magazines, mail, TV, radio or any other means as methods of advertisement. The only form of advertisement Pioneer has used in the past and will continue to use is word of mouth. With particular reference to automobile and pedestrian safety and convenience, traffic flow and control, the property has three large bay doors along with two regular doors that allow easy access and exit in case of any emergency during operating hours. Pioneer's parking lot permits customers to park their cars without interfering with the flow of regular traffic and has a small loading area that allows customers to load and exit safely and refuse services as desired. The amount of refuse generated should not adversely impact the sales of automobiles. Utilities, availability, and compatibility will not be modified and will relatively remain the same as the past fourteen years of operation. Pioneer Auto Care is not proposing any modifications or improvements to the open spaces, screening buffering or landscaping; the sale of automobiles will not impact any site characteristics. Automotive sales will not impact or alter any general compatibility with adjacent properties or other properties in the zoning district, as Pioneer is a small business and will have very little impact on the city and neighboring businesses. Therefore, the sale of automobiles at Pioneer Auto Care will not have any further impact than the already existing automotive repair business. If you have any questions or concerns, please do not hesitate to contact me. Best regards, . el Beaub • 'dent Pioneer Auto Care Attached addendum The following items need to be addressed as part of the Conditional Use Application: Please provide a short narrative detailing the following information: - How long you have been in business at this location and the automotive services you currently provide. Answer: 14 years - How many cars you think you many sell in the course of one (1) year. Answer: At least 12 - 20 cars a year - The number of cars you anticipate having for sale and stored within the building at any given point in time (plan shows possibility of cars). Answer: 1 - 2 - Indicate the anticipated method of advertising vehicles for sale, whether internet, word of mouth, or other means, since the cars cannot be displayed outside. Answer: word of mouth Please Provide responses to the Conditional Use Standards 1 -13 included within the Conditional Use application Chapter 3, Article IV, Sec. 4. Conditional Uses. A. Applicability. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chapter 2, Article II, Section 2.C. and this section shall apply. B. Definition. See Chapter 1, Article II, Definitions. C. Standards for Evaluating Conditional Uses. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Answer: The property has (3) large bay doors that allow easy access along with (2) regular doors I I for easy access and exit in case of any emergency. During operating hours, the (3) large bay doors remain open for easy customer flow and exit in the case of an emergency situation. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Answer: We have a parking lot that our customers can park their cars without interfering with the flow of regular traffic. We have a small loading area that will allow customers to load and exit safely. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Answer: The amount of refuse generated should not adversely impact due to the sales of automobiles. 4. Utilities, with reference to locations, availability, and compatibility; Answer: We have been in business for over 14 years and current business utilities will not be modified in any way. 5. Screening, buffering and landscaping with reference to type, dimensions, and character; Answer: This is an existing business we are not proposing any modifications to the screening buffering or landscaping. Cars that will be for sale will be inside the building. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Answer: This is an existing business the sign and exterior lighting will not require any further modification. There will be no change to the existing location. 7. Required setbacks and other open spaces; Answer: This is an existing business we are not proposing any modifications to the required setback or open spaces. We are on proposing the sale of automobile which will not impact any site characteristics 8. General compatibility with adjacent properties, and other property in the zoning district; Answer: The automotive sales will not impact the or alter any general compatibility with adjacent properties, and other property in the zoning district . 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Answer: We are not making any further improvements to the property this is not applicable. 10. Economic effects on adjacent and nearby properties, and the city as a whole; Answer: We are a small business and we will have very little impact on the city and neighboring business. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; Answer: We are not in a mixed use zoning district this is not applicable. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15 -8; and Answer: The sale of automobiles will not have any further impact then the already existing automotive repair business. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emitting devices /equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices /equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound - reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. (Ord. 10 -025, passed 12 -7 -10)