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Minutes 01-02-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 2, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Doug Harms, The Church of Jesus Christ of Latter Day Saints, Boynton Beach gave the invocation Pledge of Allegiance to the Flag led by Commissioner Romelus Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to move item 13. A, before the Consent Agenda. Move item 14.0 from the Future Agenda to 12. D 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz wished everyone a Happy New Year, nothing to disclose. Commissioner McCray wanted to thank the Mayor for maintaining order and for a job well done. Commissioner McCray wished everyone a Happy New Year. Mayor Grant attended Chief Katz farewell party. Spoke with CBS concerning the license plate readers. Mayor Grant was in attendance at the Palm Beach County Housing Authority meeting. The Housing Authority currently has an interim Executive Director. Mayor Granted stated the Commission needed to put some pressure on the Housing Authority to move forward with the lots they have in Boynton Beach. The Housing Authority indicated they would like to do a survey rather than be a part of the City's RFP. Mayor Grant would like to put an item regarding the Housing Authority lots as a future agenda item to make sure things are moving forward. Commissioner McCray stated this should be placed on the agenda now. This was something which has been plaguing the City. Commissioner Casello wished everyone a happy healthy and prosperous New Year. Commissioner Casello inquired if a motion and a second was needed to approve the already amended agenda Commissioner Romelus wished everyone a happy New Year. Gave a history lesson, January 1, 1804 the First Black Republic was founded which was the Nation of Haiti. Wanted to wish the Haitian people or those of Haitian decent a Happy Haitian Independence Day. The world celebrated the freeing of a Nation of people. Mayor Grant asked for a motion to add an item regarding Palm Beach County Housing Authority vacant lots and other Housing Authority parcels. Motion Commissioner McCray moved to reconsider the agenda and approve as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. City Hall will be closed on Monday, January 15, 2018, for observance of Dr. Martin Luther King Jr. Day. 2 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Mayor Grant announced City Hall will be closed on Monday, January 15, 2018, for observance of Dr. Martin Luther King Jr. Day. B. Proclaim Monday, January 15th, 2018 as Martin Luther King Jr. Day. Mr. Greg Murphy, Chair of the MLK Committee will be present to accept the proclamation. Mayor Grant proclaimed Monday, January 15, 2018 as Martin Luther King Jr. Day. Mr. Greg Murphy, Chair of the MLK Committee, accepted the Proclamation. C. Proclaim Tuesday, February 7, 2018 as Robert E. Wells Day Mayor Grant proclaimed Tuesday, February 7, 2018 as Robert E. Wells Day. Minister Bernard Wright, Bernard Wright Ministries, indicated this was a very critical time. The past few years the celebration for the Robert E. Wells Day has been held in the first week of February. This year the Celebration will be held on February 10, 2018. He explained he was asked if he was going to take a long time. He was offended, being asked that question. He noticed at times when he was speaking at Commission meetings his three minutes would be cut short. Minister Wright stated it was not about the three minutes, it was about listening to the people. He wanted to say the dais stopped him from reading into the record about Robert E. Wells. "A people without the knowledge of their past history, origin, and culture is like a tree without roots". -Marcus Garvey. He wanted to bring some type of solidarity. Minister Wright stated Boynton Beach has true history. Indicated there were many people other than Dr. Martin Luther King which were worthy of respect. The Robert E. Wells celebration will have Haitian, Bahamian, White and Jewish people. This celebration was for all people in the community. This was a way to unite Boynton Beach. This event will take place February 10, 2018. Minister Wright stated 86% of the imprisoned men were raised by single mothers. He said 98% of men on death row were raised by single mothers. He said if you want to stop the crime in Boynton Beach, we need to get down to the root of the problem. Commissioner McCray stated there was an event for the week of January 6, 2018. Unity in the Park. Mercedes Coppin, CRA, Special Events Coordinator, said the 3rd annual MLK Celebration of Unity will be held on Saturday, January 6, 2018 at the Carolyn Sims Canter (225 NW 12th Ave.) in Boynton Beach. The event will celebrate the life and legacy of Dr. Martin Luther King Jr., and provides community members with opportunities to re-establish relationships and break down restrictive barriers. Additionally, the event will serve as a venue to encourage Boynton Beach residents to 3 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 get out and engage with one another and to live out the vision and philosophy of Dr. Martin Luther King Jr. This free event will feature live music from the Valerie Tyson Band and Artikal Sound System, as well as performances from various community groups. There will be a variety of free children's activities, such as face painting, balloon artistry, a bounce house, rock wall, and slide and food and beverages will be available for purchase. Ms. Coppins stated she was looking forward to the attendance by all. 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) Dominic Mazzella, President Village Royale on the Green, explained he was at the Commission meeting to present a $1000 check to the City of Boynton Beach Police Department and Fire Department. Commissioner McCray requested the Interim Police Chief and Fire Chief come and accept the checks. Interim Police Chief Harris and Fire Chief Glenn Joseph were present. Susan Oyer, 140 SE 27th Way, thanked Commissioner Romelus for judging the neighborhood holiday event. This really brings the neighbors together. This would be great if the entire City would participate. Minister Bernard Wright, 713 NW 2nd Street, stated he did not get a response to his request for support for the Robert E. Wells Celebration. He thanked Commissioner McCray for the $500. He believes the CRA and the City Commission should support this celebration. Commissioner McCray stated perhaps the Commission could do something at the next CRA meeting. Mathi Magilan Paguth Arivalan, 5102 Mahogany Drive, informed the Commission he applied online for the vacant board position. Contacted the Clerk to find out what was going on with his application. The Clerk explained additional information was needed. Mr. Arivalan explained he has a home based business. He was told he needed to pay the County and the City. He indicated his name was not on the agenda. He also wanted to speak about the MLK day celebration. The City of Boynton Beach still have some racial issues. It does not speak about the black and brown community, slavery still exist. He said the MLK celebration does not focus on what was needed in Boynton Beach. The celebration was about entertainment. 2 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Mayor Grant stated the celebration of unity was created to get everyone together. All the children should play together. The City Clerk will look into the application issue. Ms. LaVerriere explained the applications would be on the next agenda. Doug Harms, Assistant Director of Public Affairs, Church of Jesus Christ of Latter Day Saints, 1480 Knuth Road, indicated the Church offers a free program to the community called "just serve". It was a perfect segway into the service with Martin Luther King on the 15th of January. This service allows anyone to post volunteer opportunities without any strings attached. Anyone from the community can sign up to volunteer or get volunteers. Mr. Harms stated they also have self-reliance classes. There are four area of focus: Starting and growing a business, Personal Finances, Finding a better job, and Education for better work. Classes are free and they begin January 7, May 7, and September 3rd. The Church also offers a family history and genealogy service. Commissioner McCray thanked Mr. Harms for the information, asked if he would like to place some brochure for the Unity in the Park celebration. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Community Redevelopment Agency Advisory Bd: 1 Reg Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Reg and 2 Alts Mayor Grant stated there were no applicants. Commissioner Romelus asked for reconsideration of an appointment she made in a prior meeting. Attorney Cherof stated this needed to be carried to the next agenda. Mayor Grant asked to move 13.A moved up. A. PROPOSED ORDINANCE NO. 17-038 - SECOND READING - Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT 5 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.13, to increase the magnitude of encroachment of front porches into the building setbacks. Attorney Cherof read Proposed Ordinance No. 17-038 second reading into the record by title only. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called the roll call Vote 5-0 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. R18-001 - Authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University of Boca Raton, FL to review and update the City's Strategic Plan in the amount of $22,500. B. PROPOSED RESOLUTION NO. R18-002 - Authorize City Manager to sign documents related to procurement issues in accordance with purchase order signature authority of less than $25,000 for non -construction and $75,000 for construction related items subject to legal review and approval of documents. C. PROPOSED RESOLUTION NO. R18-003 - Approve utilizing the National IPA Contract # 141003 with Grainger for the purchase of hardware and safety supplies for an estimated annual expenditure of $75,000. Approving a contract with W.W. Grainger, Inc., d/b/a Grainger and authorizing the City Manager to sign the Contract. The National IPA procurement process satisfies the City's competitive bid requirements. D. PROPOSED RESOLUTION NO. R18-004 - Approve utilizing Palm Beach County Contracts # 150803B and 150806B with Seacoast Embroidery of Atlantis, FL for the purchase of uniforms for general employees with an 0 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 estimated annual expenditure of $30,000 and authorizing the City Manager to sign a contract with Seacoast Embroidery. The Palm Beach County's procurement process satisfies the City's competitive bid requirements. E. PROPOSED RESOLUTION NO. R18-005 - Amend the FY 2017-2018 budget which will increase the budgeted appropriations and revenue sources and provide spending authority for the Parks & Recreation Facilities Trust Fund (141) by $30,370 and the Capital Improvement Project (CIP) by $58,870 for the current fiscal year. F. Approve utilizing G.S.A. Contract No. GS. -07F -03271V to purchase an EZ Dock Kayak Launch system from Golden Manufacturing, Inc. of Ft. Myers, Florida, in the amount of $58,870.71 to be installed at Harvey Oyer, Jr. Park. G. Approve the minutes from the Regular City Commission meeting held on December 5, 2017. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-006 - Approve utilizing the Broward Sheriff's Office Contract # 14036AG with Gall's for the purchase of uniforms for Police and Fire with an estimated annual expenditure of $140,000; authorizing the City Manager to sign a Contract with Gall, LLC. The Broward Sheriff's Office procurement process satisfies the City's competitive bid requirements. Commissioner Romelus inquired if the used uniforms could be donated to charity. Fire Chief Joseph replied the uniform have emblems from the Fire Department. The City needed to destroy the uniforms because of the liability. Chief Joseph added since this was a change over, the uniforms will be used until they are worn out. Acting Police Chief Kelly Harris stated the uniform pants were donated, but the shirts could not be donated because of the emblems. 7 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-037- SECOND READING - Approve Eden Ridge Rezoning (REZN 18-001) from R -1 -AA Single -Family Residential District to R -1-A Single -Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. Attorney Cherof read Proposed Ordinance No. 17-037 by title only on second reading. Attorney Cherof administered an oath to all those intending to testify. Michael Fitzpatrick 175 SW 2nd Street, indicated when this came before the Commission without recommendation due to lack of support of the motion, this died for a lack of a second. There was a Comprehensive Land Use plan element of the policy 1. 12.2 which was listed in the backup. The City shall continue to maintain and improve the character of the existing single family low density neighborhoods, by preventing conversion to higher density except when consistent with the adjacent land use. He stated this zoning does none of that. The current zoning surrounding to the north and east is the Searcrest Scrub. This was not just low density it was no density. To the west was St. Joseph Church and school which has no density. To the south was currently zoned R -1 -AA. The current non -conforming use was for an out building. If the zoning was changed the City of Boynton Beach would set a precedent where developer can leap over a contiguous zoning area and begin to spot zone. Mary Law, 3481 S. Seacrest Boulevard, read a letter into record. (Attached letter). She indicated the developer contacted her, and he asked if she would go in with the rezoning. She feels like the developer was trying to force her to sell her land. She does not want to be seen as a bad neighbor. She was trying to protect the environment and the animals in the scrub. n. Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Stephen Seto, 3404 SE 2nd Street, indicated this was a terrible idea to rezone. He said two weeks ago as he drives along Seacrest there were seven garbage bins on the road. The garbage will need to be picked up on Searcrest. This proposal was basically to push out Ms. Law. This was pristine land. Butterflies travel from Canada to Chile and Florida and use the Scrub. He said article 4 states the City has the ability to decide the fate of this area. Mr. Seto inquired as to why the Planning and Zoning Board advice was rejected by the Commission. Mr. Seto also asked about the notifications which were sent out. Would it had made a difference to the vote if the surrounding neighbors would have come out and stated they were against this. Or was it a done deal. David Katz, 67 Midwood Lane, stated the Planning and Zoning Board did not vote on the item. The item was not declined nor accepted. Mr. Katz indicated no homes in the area would directly abut the property being developed. There were 8 properties which would abut the scrub area. Mr. Katz informed the Commission and the audience the property owner has development rights. The Commission needed to approve whether the developer would build 7 or 8 homes. He asked for the developer to create a landscape buffer and a fence to go 3 or 4 feet down to prevent the gopher tortoise from returning to the property. He asked for no more than 8 homes to be built. He requested a genuine, relocation of the turtles. These conditions are not costly. He indicated these simple fixes would satisfy Ms. Law. Susan Oyer, 140 SE 27 Way, indicated she was against density. She understands the Commission was going to approve the 8 homes. Ms. Oyer stated more houses make a difference. No one has addressed what was being done when they go to stamp the ground. She knows the damage this has done to their property. What was being done to make sure the animals are not being hurt? This would stress these animals. The Commission needs to do the right thing. The only person who would be impacted was against it. She stated he does have the right to build, but this does not make it right. Bradly Miller, Miller Land Planning, represents the applicant. He wanted to clarify a few things. Chairman Katz summed up the property rights are available to the owner. Mr. Miller stated the property was for sale for about a year and a half. No one showed up at the auction. His client was going to develop the property. It was either 7 or 8 properties. The 8 units are more consistent with the area. Mr. Miller stated the developer could build on his private property. He indicated the City would not allow the developer to build a property without the means to pick up the garbage Mr. Miller stated the conditions Ms. Law requested were valid and has been agreed with. The gopher tortoise cannot be returned to the scrub. Vice Mayor Katz inquired about the concern regarding Mr. Miller's client would use Ms. Law's property. Mr. Miller stated they would not use Ms. Law's property. They will remain on the property. There would be construction and compaction of the road and the foundation for the homes. 0 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Commissioner Casello inquired how many tortoises have been found on the property. Mr. Miller indicated there have been 24 burrows tagged. There are 12 burrows on his client's property. Commissioner Casello inquired as to if there were tortoises in the burrows. Mr. Miller stated it was the activity of the dirt. He said a survey has indicated one of the burrows was inactive. Commissioner Casello asked what type of cost was involved in the relocation of the tortoise. Steven Newman, 1609 Clyde Vista Circle, Delray Beach, understood we are mandated by law to take care of the gopher tortoise; it was not a cheap process, but he understands this was a process that was needed. Commissioner Casello said it looks like more trees will be added. Mr. Miller said the lots are required to have trees which would increase the number of trees currently there. A statement was made the eastern 1.5 acre was Scrub. This was not correct, this was private property. Commissioner Casello stated he understood the applicant approached Ms. Law on the zoning issue. Commissioner McCray stated this proposal which the Commission was reviewing was not trying to push Ms. Law off of her property. Commissioner Romelus indicated the applicant was in agreement with the proposal. The client was willing to provide a hedge and the barrier both natural and artificial. The clients are willing to place another division between the Scrub and Ms. Law's property. The fence would go deep enough so that the tortoises do not return. She asked about the lighting. Mr. Miller stated he agreed with Ms. Law's conditions. He stated the Code requires the light could not shine on other property. He continued the only place there was lighting would be on the street. The light would be on the southern side of the property. The light would not shine in the scrub but on the road. Commissioner Romelus asked for clarification regarding the navigation of the Fire and Public Works trucks through the property. Mr. Miller stated there would be a 50 x 50 T-type turn -around. The trucks would back up and then drive out. Commissioner Romelus asked about the garbage or recycling cans. Where are the cans going to be picked up? Will the cans be picked up in front of the homes and not placed on Seacrest? Mayor Grant asked what the conditions of approval which was acceptable. Mr. Miller stated he did not have any copies. He was not opposed to any of the conditions. Asked 10 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 if these would be a condition of rezoning? Attorney Cherof indicated they are some stipulation that would be binding on the clients. There are no back and forth between the Commission and the representative. Mayor Grant said as an example the limit of 8 structures on the property, which was a type of condition of approval? Attorney Cherof stated that was not a rezoning issue that was a site zoning issue. Mayor Grant stated this was his concern. If the applicant stated they being bound, but another developer could change it. He said this was a tough situation. Otherwise if the property was rezoned the applicant would be bound unless it was sold to another developer. Mr. Miller stated there was more to it than eight lots. There was a minimum lot width and size of the area. Another developer would need to request additional relief from the Commission. Mayor Grant stated the minimum lot requirement was 60 feet frontage compared to the 75 feet for the R -1 -AA. Under Mr. Miller's option they cannot get more than 8 properties even if they did have 60 feet. Mr. Miller indicated there must be 7500 square feet of minimum lot size. He indicated the developer must factor in the width of the buffer and the right -away for the road and the width of the road and the sidewalk. Mayor Grant inquired if the City can make any of those conditions conditional on site plan approval. Attorney Cherof indicated this was a request for rezoning. Mayor Grant asked how cans the City guarantee what is to happen to the property. Attorney Cherof stated the best way to answer was the grantees that are available to the Commission in the Code of Ordinances. Mr. Miller stated for single family there was no site plan process, this goes directly to a plat. Mayor Grant said the Commission would not see a site plan approval, once this was rezoned to R -1-A. Mr. Mike Rumpf, Director Planning and Zoning stated there was a plat process. The plat process would show the number of lots which were approved. Those lot restrictions are the most important of what was being evaluated. The maximum density allowed by the Land Use Classification. Those minimum lot sizes, frontages are critical to the developer zoning. Mr. Rumpf stated there are not too many ways to fit more than 8 homes on the lot. Mayor Grant asked if eight homes was the maximum amount for this lot, in Mr. Rumpf's opinion. Mr. Rumpf replied that was correct. Mayor Grant stated the other conditions regarding the oversight of the gopher tortoise were to receive a report. Also a fence could be placed at a deeper depth to prevent the gopher tortoise from returning to the property. 11 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Mr. Rumpf stated fences and improvement must be permitted. The City will obtain the relocation information at time of permitting. Mayor Grant asked if Code does not require the fence to go more than 2 feet into the ground, then the applicant would dig deeper. Mayor Grant asked if that was allowed under the City Code. Mr. Rumpf replied the applicant can dig as deep as they wanted. Mayor Grant said this was to act on good faith in order to approve the request. The Commission does not have a site plan approval. Mr. Rumpf indicated there are several conditions of approval were needed. We need to be clear of what the expectations are. He stated he heard many conditions tonight. Mayor Grant asked Attorney Cherof if the applicant by their agent Bradly Miller was bound by what was stated under oath. Attorney Cherof replied yes. Mayor Grant asked if there was further discussion from the board. Commissioner McCray stated before the vote he wanted to give Mr. Miller a copy of the letter from Ms. Law. Mr. Miller replied he had a copy. Commissioner Romelus indicated the City could not hold the applicant responsible for all the items listed on the letter from Ms. Law. Commissioner Romelus stated items 3, 4, 5 and 7 were relevant to the discussion. Mayor Grant said item 1 was possible regarding the retention area to the Seacrest scrub to ERM. Commissioner Romelus believes they are already working with Florida Fish and Wildlife. Asked if ERM needed to be included. Mr. Miller stated the area was needed for the development plan. Mayor Grant stated it cannot be part of the scrub. No one else coming forward, Public Comments was closed. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote The vote was 4-1 (Mayor Grant dissenting) 10. CITY MANAGER'S REPORT- none 11. UNFINISHED BUSINESS- none 12 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-007 - 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. IIT, 150=6 Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed B. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to NAMI Education Courses. The National Alliance of Mental Health. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Item moved from Future Agenda. C. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 Mayor Grant indicated they wanted to discuss some options for the February meeting. Vice Mayor Katz stated he was not trying to get too deeply into the ordinance. He would like to request that it be stipulated when the developers bring potential public art to the Arts Director and the Advisory board, they present a minimum of three options. He understands there may be some cost associated with asking the artist to come up with three options instead of one. Vice Mayor Katz indicated the value of choice outweighs the cost and he believes artist have more than one idea. He wanted to see other choices and options. Commissioner McCray stated he felt the Art Commission has done a great job. He may not agree with everything, but he wanted to let everything remain as it is. Allow the Art 13 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Commission to make the decision and bring back to the Commission and then take a vote. Mayor Grant stated in 2015 the Commission passed the amendment to the Resolution. This was because some of the projects did not lead itself to the Art Tax Ordinance. He was not happy the resolution passed, the reason was there were areas which were exempt. He understands having a piece of art on a property no one else sees was not beneficial to the community. He continued 3/10 of one percent was beneficial for the administrative cost. One area which needs help was the ecological and environment. He indicated the City owns vacant lots designated as parks which have not been developed. The City was spending hundreds of thousands of dollars on art he would like to see a portion of that going towards ecological and environmental. Instead of 7/10 of one percent was being required to be spent on art. He stated with all the new development this was a way the City could fund the Eco Park in Quantum and the development of other parks in the City. He would like to ask the board to see if the ordinance could be amended to allow for a portion of the 7/10th to be used for the Parks and Recreation as a driver of an ecotourism industry. Commissioner Casello inquired if the City has a park impact fee which developers pay. Mayor Grant replied only per unit. Commissioner Casello stated there was a park impact fee and the Mayor was asking for a portion of the art fee the developer's pay of the 1 % of the total gross, which goes to the art. Mayor Grant stated 7/10 was required to be spent on the art. He stated most of the time the artist was not from Boynton Beach or Palm Beach County. If the City could retain money in the City limits of the 7/10 of 1%. For example the new assisted living facility near Hunters Runs will cost about $20M. That would be $200,000 for the Arts Tax, 3/10 was going to the City for Administrative, and 7/10 would be about $130,000. If they could spend $30 to $40 thousand within the City and not just on art he would like to have that option available. He asked instead of just an art tax it would be an art and environmental tax. Commissioner McCray stated the City has a park impact fee already. He was not in favor of an additional fee. Mayor Grant stated the development does not pay any money into the park impact fee. Commissioner McCray stated he does not agree with adding additional fees. Commissioner Casello said if the artist provided more art options this could be a part of the discussion. He would not have any problem with going with something Mayor Grant was suggesting. Mayor Grant asked if one of the options would be for a percentage going into the environment. 14 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Vice Mayor Katz stated he does not fundamentally oppose the idea. He does not know if incorporating an additional fee into the arts fee was a good ideal. He was not for or against it. He could see it detracting from the Public Arts program. He was not sure at this point if this would be good. Mayor Grant asked if the Vice Mayor was okay with staff coming in to speak about the options. Vice Mayor Katz stated he was in support to have staff give a presentation. Commissioner Romelus indicated she would like to have staff make a report. She would be able to make a decision based on staff options. There was nothing wrong with options from the artist. This would help give the Art Commission the flexibly to make decisions which allow more the public engagement for what Vice Mayor Katz proposed. Mayor Grant indicated for the February meeting would staff bring back three options available for the Arts Commission from the artist. Look into the possibility of having a portion of the arts fee for an environment purposes. Commissioner McCray asked when the artists bring back three renditions, who would make the decision, the Commission or the Art Commission. Mayor Grant stated the Arts Commission. Vice Mayor Katz wanted to expand on what was stated. When a piece of property was redeveloped or if something new was being done, the developer begrudges the idea they must dedicate a percentage of the cost to public art on their private property. Was it possible to consider in some way for these developments for redeveloping and none of their property was actually public; there public art was not public. He asked if they could buy out and possibly pay 75%, and that money could go towards the arts budget and any public art or it could go towards parks related projects. Mayor Grant stated currently 3/10 of the 1 % goes to the City Arts Department, 7/10 was required to be spent on the art. He would like 3/10 still go to the Art Department and any art which was not visible to the public that could go to the Parks and Recreation fee. They are not required to spend 7/10 of the 1 % on art the public does not see. Commissioner Casello indicated this only applies on private property. Vice Mayor Katz stated this was his thought. Mayor Grant said the Commission was not voting on anything in February. He would like to ask staff to bring the options so the Commission could move forward with the Art Tax. The City would tax itself for the City Hall and the Police station. These were not part of any exemptions. If the City wants to spend all 7/10 on art or give the City the options available. He likes the idea of the artist bring up a few renderings to the Arts Commission before the item was commissioned. Commissioner McCray inquired how the artist brings the rendering. 15 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Lori LaVerriere, City Manager replied it depends on the structure of the process. There was a call to artist which was like an RFP, if there was a theme, they would describe what type of setting so the artist could develop what was appropriate. The difference would affect the call to artist process. The public artist would now submit three ideas instead of one. She thinks that it was that simple. Commissioner McCray stated if the Art Commission has five artists submitting, then there are options to choose from. He understands this was just for discussion. Commissioner McCray stated he needs to see something in writing. Ms. LaVerriere indicated she does not know the exact circumstances for the call to artist, but there are other options as well. She explained on the 500 Ocean the developers commissioned the Artist themselves; they had the dollar threshold they had to meet. The Arts Commission approved the artist. Ms. LaVerriere stated there was a cost related to preparing three renditions to the artist. D. The Palm Beach County Housing Authority Mayor Grant stated there are 75 properties which the housing authority has. Not all of the properties are vacant. There are some properties where tenants are paying rent. He was requesting of the board if they would be supportive of a resolution to sell the properties the Palm Beach County currently hold to a private developer. The vacant lots are put up for sale with either the City, private developers or the CRA can purchase the property. Commissioner McCray stated he was in support of what was being said. As stated before for the City to have a Resolution would be premature. He stated once the Housing Authority hired a Director they could move forward. Mayor Grant stated they have an interim Director. Commissioner McCray stated he would like to see a Director not an interim. Commissioner Casello indicated they could start the dialog. He does not believe they should ask for a Resolution. He stated once a Director was appointed they would be ahead of the curve. Mayor Grant ask if they could get consensus for City staff to speak with the Interim Executive Director to see what was going on with the properties within the City. The Commission had consensus. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-038 - SECOND READING - Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND 16 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.13, to increase the magnitude of encroachment of front porches into the building setbacks. (heard earlier in the meeting) B. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $409,341.71. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. Commissioner McCray indicated since the beginning of the New Year there has already been one overdose. Fire Chief Joseph stated these bills the Commission was reviewing were from 2013. Commissioner McCray inquired as to how many people have insurance. What was the total not being paid to the City for services rendered? Chief Joseph stated the Fire Department has a very aggressive billing department. Indicated the collection rate was about 80% higher than anyplace in the County or other Cities. Chief Joseph stated the City collects from the patient and the hospital. Commissioner McCray asked what happened to the 20%. Chief Joseph stated they are uncollectible. Ms. LaVerriere stated the Fire Department has used a collection agency. She stated the Fire Department bills first then it goes to a collection agency. Fire Chief Joseph explained when a billing is received; the turnaround time was 3-5 days. The Fire Department will send it to the billing company, after internal methods have been exhausted. Commissioner McCray asked why all funds are not collected. How much does the collection agency retain for the collection of those funds. Ms. LaVerriere asked how many years does the City attempt to collect? Does the City write off the collection? Tim Howard, Assistant City Manager stated the collection agency keeps a 12% collection fees. Some of those transports are uninsured or the data the City has was not reliable. The City tries to collect then turns it over to the collection agency. In the future if the person decides to clean up their credit and pay it off the funds will come back to the City. Mr. Howard stated from an accounting standpoint, at the end of every fiscal year the City makes an estimate of what has been determined uncollected from the receivables. Mr. Howard said this was an accounting rule. Historically for account receivable system anything which was outstanding after 12 months the collection may receive about 20 percent, after 18 months the odds of collecting were about 2 or 3%. Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Commissioner McCray asked since this was for years back was the City seeing an increase. Mr. Howard indicated there was no increase. The amount has remained steady. Commissioner Casello said he understood the numbers were 4 years old. It has always been about $400,000 to $500,000. He understood the write-offs and the collection agency. He stated there was a new program where the City was increasing the (ALS) transport. Chief Joseph stated that was correct. Commissioner Casello continued the Fire Department was taking more people to the hospital. Chief Joseph stated yes. Can the City expect the numbers to change? This could produce more collectible. Fire Chief Joseph explained they were using a software package from 2013 to 2014 that delayed the billing process. Since 2014 the new software reduced the billing time. 2014 there are in the old software; going forward from 2015 there should show a decrease. On the transports the total billing in 2016 was $2.6M. At the end of fiscal year of 2017 the City was at $3.3M, Chief Joseph stated because of the increase number of transports the City has seen an increase in the receivables. Commissioner Casello asked if the Chief has a number of the transports, was there a negative number which was uncollected. Fire Chief Joseph said they are processing those numbers. Based on past practice he was expecting about $2.8M based on previous numbers. This was the end of the fiscal year. Commissioner Casello stated the transports would be a revenue generator. Chief Joseph stated the return pattern continues to be the same, about 80% should see a significant increase in revenue from the additional transport. Commissioner Casello stated the City would see an increase in the revenue. Will the City also see an increase in the uncollectible? Chief Joseph indicated he believes there should be a decrease in uncollectible. Commissioner Casello asked was this because of the new software program. Chief Joseph responded it was due to the software program, the Affordable Health Care Act, more people have insurance. Commissioner Casello asked if the Fire Department could take credit cards. Fire Chief Joseph stated they take credit cards but not on scene. Commissioner Casello asked if this was something which could be done. Chief Joseph indicated this would be a liability. Vice Mayor Katz said the City services are superior to the private sector. The Fire Department was able to do more versus employees of an ambulance service. Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Chief Joseph stated the City has some highly trained professionals. He said the City response return pulse was 30%. Everywhere else in the county was 17% to 25%, the City has better technology, good training and good leadership. Commissioner McCray stated the private sector only transport non -emergency. Mayor Grant requested a motion. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Commissioner McCray wanted to thank Eleanor Krusell for the calendar. 14. FUTURE AGENDA ITEMS A. Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 B. Quarterly report on gov't surtax fund (Oct 2017 -Dec 2017) - January 2018 C. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 (discussed earlier in the meeting) D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. Staff to review PBC Ordinance on Panhandlers - TBD F. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD G. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading 19 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:18 p.m. Continued on next page 20 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judit A. Pyle, CMC City' ,Clerk Queenester Nieves Deputy City Clerk 21 CITY OF January 2, 2018 Grant issionerilack Mc -Cray missiaber - Ghfistina Romelus Commissioner - Joe Casello 01 I uZO /F— January 2, 2018 To the City Commission: I am the neighbor south and adjacent to 3479 S. Seacrest Blvd. which is being presented tonight to be rezoned from R -1 -AA to R -1-A. I am also zoned R -1 -AA. I have lived on this property for probably 40 years. This property is south and adjacent to The Seacrest Scrub. The east half of 3479 and the east % of my property (3481) are home to the gopher tortoises and other animals which travel to and from The Seacrest Scrub. Now the new owners are attempting to end this open space for the animals and the native plants with 8 to 12 buildings and turn it into a mostly asphalt and concrete area. In my opinion there is no reason to change the zoning as this is the zoning for the area and to change it would change the neighborhood and it will be considered spot zoning for you to do so. It will also turn 1.5 acres of native scrub into mostly concrete and asphalt next to The Seacrest Scrub which is Boynton's version of New York's Central Park. We need to value this prize that we preserved in 1993. If you decide that some type of development has to be on this 3479 site please place these additional conditions of approval on the development: 1. The developer to work with The Seacrest Scrub (ERM) to return all the gopher tortoises on 3479 and on 3481 to The Seacrest Scrub which was their original home. The developer could donate some of the money they plan to spend relocating the gopher tortoises to ERM and also donate their two retention areas to ERM in order to provide more room for the gopher tortoises. 2. Require the developer to provide the City with the following: a. a tree survey and a tree management plan; b. a Native Florida Ecosystem survey or inventory. (City approval is needed) 3. Require the developer install a fence and a native hedge between my property and their property in order to protect: a. The Seacrest Scrub animals and the 3479 animals which are on my property; and b. to protect my property from his use during development and from being used by his occupants. 4. Keep all lighting from shining into The Seacrest Scrub. 5. Place a fence with a 2' to 4' barrier into the ground on the north, east, and south sides of its property to prevent animals from gaining access to the property. 6. The review and the approval by ERM and the South FL Water Management of this proposed development. Also, the City Forester to review and approve the development. 7. This 8 home site plan is the maximum number of units the City will allow on this site. 8. This site is of high ecological importance and should be given the highest priority for protection. So tonight I recommend you postpone your approval until all of the above reports are completed and approved by the City and the approval of all the agencies is obtained. Mary Law, 3481 S. 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