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Minutes 12-04-12MINUTES OF THE CITY COMMISSION MEETING HELD ON WEDNESDAY, DECEMBER 4, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Woodrow L. Hay, Mayor Mack McCray, Vice Mayor Steven Holzman, Commissioner Marlene Ross, Commissioner 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ross Mayor Hay called the meeting to order at 6:32 p.m. and welcomed all those present. An invocation was given by Reverend Buz McNutt from the First Baptist Church of Boynton Beach. Commissioner Ross led the Pledge of Allegiance to the Flag. Mayor Hay thanked both Reverend McNutt and Commissioner Ross for their assistance. D. Brand Promise Statement E. Agenda Approval: 1 Additions, Deletions, Corrections 1 Lori LaVerriere, Interim City Manager James Cherof, City Attorney Janet Prainito, City Clerk The Brand Promise Statement was recited as follows: "It is time to take a look at Boynton Beach, a creative haven embracing artists, writers, entrepreneurs and dreamers " Commissioner Holzman pulled Item 6.0 and requested to add under, New Business, discussion of review of the acting City Manager in the same manner as the review of the Executive Director of the Community Redevelopment Agency (CRA). Mayor Hay inquired why it would be added since the position was temporary. If she would be evaluated, it would be as a City Manager. Commissioner Holzman pointed out Ms. LaVerriere gets paid as a City Manager, has the responsibilities of a City Manager and sits at the dais as a City Manager. Mayor Hay countered that temporary positions are normally not evaluated. Commissioner Holzman clarified it was an interim position and not temporary. If she wanted to remove herself from the position she could. Mayor Hay stressed there was no consideration of removing anyone and questioned the appraisal procedure from a legal standpoint. Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Attorney Cherof advised, by title, Ms. LaVerriere was the Interim City Manager and holds all the powers of the City Manager. Mayor Hay concluded therefore, she is the City Manager and Commissioner Holzman concurred. Vice Mayor McCray wanted clarification that the item would be for discussion only and no action taken at the meeting. Mayor Hay recognized evaluations were not done, on- the -spot. There was a process if a decision was made to proceed. Commissioner Holzman added that would be the discussion, to review the City Manager Vice Mayor McCray referred to a memo received from the City Attorney relating to foreclosure cost claims, voluntary dismissals and sought advice from the Commissioners. Vice Mayor McCray thought there should be a policy decision established and the terms could be discussed and voted on to give direction to the City Attorney on how to proceed. Vice Mayor McCray did not feel individual responses were appropriate It could be added under New Business, 12.B. Policy on foreclosures. Vice Mayor McCray also wanted to add an item on the agenda to discuss receiving notices at the last minute relating to items on the current agenda. He sought an addition relating to late agenda items as Item 12.C, Late Agenda Items. Commissioner Ross wanted to add discussion on the District 1 seat to the agenda. It would be added under Unfinished Business, 11.B. She also pulled Item 6.K from Consent Agenda. Mayor Hay wanted to discuss Item 5.0 before Item 5.B and before appointments are made on the various boards. Switching Items 5.B and 5.0 was the conclusion. 2. Adoption Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Ross enjoyed the Holiday Extravaganza and parade and thanked the Community Redevelopment Agency staff for their fantastic job. She complimented the 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Mayor on his singing with the Contours. Commissioner Ross announced a ribbon cutting for the Bethesda West Hospital to be held on Thursday. Vice Mayor McCray had attended the dedication of the 99 and 100 Habitat for Humanity homes for South Palm Beach County. The families were delighted to have a place of their own. He was also present at Bethesda Health City with the Legislative Delegation and received a lot of information. Commissioner Holzman commended the Mayor on his countdown for the tree lighting. Mayor Hay had participated in Career Day at Forest Park Elementary school and went to the WXEL TV kickoff event for the Boynton Reads program. In the COWBRA (Coalition Of West Boynton Residential Associations) area he was at the groundbreaking for Summerset Preparatory Academy at the Canyons development that would eventually include a new charter high school. Mayor Hay had attended the Greater Boynton Beach Chamber of Commerce dinner /dance also. As mentioned he was at the Habitat for Humanities dedication at the Ocean Breeze development and the Legislative luncheon with Delray Beach that had been held at Bethesda Hospital. There was a special memorial service for PFC Michael Metcalf held at Intracoastal Park and on the same day, the holiday parade, tree lighting and concert was held. Mayor Hay observed there were rules that governed the many activities sponsored by the City and he hoped everyone would abide by those rules and regulations for safety measures. He suggested waivers should be signed if the rules are being intentionally ignored. On December 3rd Mayor Hay met with the Walmart managers to get acquainted. There will be a new, food only Walmart at 9840 S. Military Trail and partnering with the store may assist in funding for community activities. The last activity attended was the groundbreaking celebration for the Literacy Coalition that was moving to Boynton Beach. In conclusion, Mayor Hay wished Barry Atwood, Director of Finance, all the best in his retirement. Ms. LaVerriere remarked Mr. Atwood would be retiring for the third and final time. She had been very impressed with Mr. Atwood from the interview process throughout his career with the City. He would be greatly missed Ms. LaVerriere introduced the new Finance Director, Tim Howard, who had been the Deputy Director for several years, a consummate professional. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the Holiday Boat Parade Kathy Biscuiti, Special Events Director, announced the boat parade that would go through Boynton Beach and Delray, starting at 6:30 p.m. from Boynton Inlet. There 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 were 30 boats already registered for the event. At the Boynton Harbor Marina, starting at 5:30 p.m., a band would be performing and Santa Claus would be present along with the Marines collecting toys for Toys For Tots along the parade route. Parking would be available in the area of the Marina. Mayor Hay urged staff and citizens to bring donations to the City Hall collection box at City Hall. Ms. Biscuiti emphasized that all the toys stay within Palm Beach County. The judges for the event were, Mayor Hay, Vivian Brooks, Executive Director of the CRA, Lori LaVerriere, the Interim City Manager and the Executive Director of Marine Industries, a donor for the event B. Announce the cancellation of the January 1st, 2013 City Commission meeting Mayor Hay read the announcement of the cancellation of the January 1 2013 City Commission Meeting. Vice Mayor McCray announced the Greater Boynton Chamber of Commerce luncheon featuring the Dimensional Harmony Choir from Boynton Beach Community High School would be held on December 12 at Benvenutos. 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) Jack Berker, 9574 Cherry Blossom Court in western Boynton Beach, was concerned about tourism in the City and surrounding communities. He had written a book featuring free industrial plant tours, open to the public In his opinion, the City of Boynton Beach did very little to attract tourists. He had written leaders and various City officials and had received no responses. Tourism does generate revenue and the City was not capitalizing on the opportunity at all. Mayor Hay suggested Mr. Berker speak with the City Manager's office and the CRA. David Katz, 67 Midwood Lane, remarked a sworn statement given to the Public Integrity Unit of the State Attorney's office can be the basis for perjury. A sworn statement in a deposition can be subject to perjury. Commissioner Ross had been the subject of a deposition and had been asked if she had assistance with her Florida election's complaint that had been filed by her opponent. Her answer was no and at that point she committed perjury. Mr Katz submitted copies of emails from Commissioner Ross to him soliciting his help in formulating her responses. Each count of perjury is subject to five years in prison and a $5,000 fine, a third degree felony. Copies of the emails are attached to the minutes Mr. Katz asserted Commissioner 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Ross must have forgotten the meeting held at her home in Lantana where she spent several months outside her District. He would be forwarding the same information to the State Attorney's office in anticipation that charges would be filed and the Governor could then remove her from office. David Floering, 417 NE 6 Avenue, submitted various documents that are attached to the minutes including a copy of the Florida Constitution indicating a City Commissioner's qualification for residency falls upon the City Charter. The Charter indicates the failure of a Commissioner to reside within the district elected, would require a forfeiture of the office. The Commission becomes the judge and jury to decide the issue. On October 14, 2011, Commissioner Ross sold her house and then moved to a house in Lantana and resided there for several months. Commissioner Ross gave a sworn statement that she was afraid of being blackmailed by Mr. Katz for her residency issues. Later, the statement was recanted and Commissioner Ross refused to cooperate further in the investigation. Mr. Floering supported his position with case law, Marina vs. Levy, which upholds the City Charter controlling the residency issue. In her deposition, Commissioner Ross contended she had gotten a legal opinion from Attorney Cherof that her change in residence would not be an issue. Mr. Floering had a public records request of Lisa Bright indicating Commissioner Ross had responded that her change in address was not an issue based on advice from Attorney Cherof. Mayor Hay asked Mr. Floering to complete his statement as his three minutes had expired. Mr. Floering surmised the Commission condones a Commissioner living outside the City and yet limited comments on the subject to the three minutes. Mr. Floering pointed out there was an agenda item relating to changes in the Charter that were fruitless since the Commission itself did not go by the Charter. Dwight Walton, 4640 Hypoluxo Road, Ste 1, Lake Worth, thanked the Mayor and the Commission for the opportunity to speak. He was a retired State Trooper after 27 years in Palm Beach County area. He started his own business, a mobile service, doing investigations, background screening, electronic fingerprinting and drug testing. He also started a non - profit, Palm Outreach, that attends functions and takes pictures and ID information for children or the elderly. Mr. Walton explained the information was taken and all fingerprints for future use if a child or elder would become lost or missing. Larry Greenstein, 6280 Floridian Circle, Lake Worth, a teacher and baseball coach at Park Vista High School, wanted to publicly thank Juan Contin for his donation of designing and building a storage facility and concession stand at the baseball /softball field. Mr. Contin spent countless hours with Palm Beach County Parks and Recreation and the School District to reach the goals of Park Vista for the site. The plans are final and Mr. Contin would continue to oversee the actual construction. Mr. Greenstein highly recommended Mr Contin and his firm. 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Ray Whitely, 7353 Palmdale Drive, thanked the leadership of the City of Boynton Beach for their cooperation with Boynton United — Bury the Violence On April 28, 2012 a diverse group came together including the leadership of the community to participate in a walk to bring a unified message to launch a movement. Boynton United has consistently championed for a unified Boynton Beach by rallying City government, business leaders, centers of faith and the citizens at large with positive programs and events that Mr. Whitely outlined. Certificates were presented to those City leaders who had helped their cause. David Dennis, 1314 South Seacrest, with Boynton United, indicated many more individuals would be recognized at another time. He stressed the City had many things going on and he was proud to be a part of the City. Brian Edwards, 629 NE 9 Avenue, remarked the parade was wonderful He wished Mr Atwood all the best in his retirement. He did not want to talk about how ridiculous it was that Ms. LaVerriere is not the full -time City Manager, that the proposed Charter amendments had nothing to do with the recommendations of the Charter Committee, that the review of the Interim City Manager is not appropriate since she should be the City Manager. He did want to discuss why the City Attorney is not appraised at the same level as the City Manager when all things are equal. The City Attorney shares equally in the Charter with the City Manager. He had raised the issue previously and a response had not been received. He hoped the Commission would address the issue of why the City Attorney is not also appraised. The City was being sued constantly and it needs to be determined why the Commission is making bad decisions that cost the City money. Mr. Edwards noted the Mayor and Commission had laughed at him when he suggested some investigations should be undertaken and yet the lawsuits continue to be filed as a result of bad conduct. It was Mr Edward's suggestion the conversation be expanded to include both the City Manager position and City Attorney position. Allan Hendricks, 122 SE 4 Avenue, announced he would be running for the Commission District III seat and looked forward to seeing everyone on the campaign trail. Dr. Piotr Blass, 113 West Tara Lakes Drive, felt the need to apologize on behalf of the entire City for the unwarranted attack on Commissioner Ross. He indicated the University of Boynton Beach was slowly coming into existence. The Old High School should not be given away. He wanted the building to remain with the City. Dr. Blass felt the Police Department did not need to be reviewed and the $52,000 should not be spent, in Tight of the fact that disabled persons now have to pay to use the Oceanfront Park. Dr. Blass announced he was running for Mayor of the City and his salary would be donated to the City to be spent on the disabled. All the candidates love the City. He also contended Ms. LaVerriere should be the full -time City Manager. John McGovern, 2620 Spiceberry Lane, Chair of the Board of the Greater Boynton Beach Foundation with headquarters at 1375 Gateway Boulevard, alerted everyone that 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 on February 9, 2013 the Foundation, with the City and Realtors of Palm Beach County is sponsoring a fundraising event for the Barrier Free Park. It is a 5K run /walk sponsored with the cooperation of Hunters Run. The funds are for the major settlement area to be developed and placement of the last big piece of equipment. There is high interest in the magnificent facility that the City should be proud of and work together to bring it to completion. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Appointment of Honorary Members to the Veterans Advisory Commission for 2013 Motion Commissioner Holzman moved to approve. Commissioner Ross seconded the motion. Vice Mayor McCray noted they were honorary positions with no voting power. It would be a great honor for the individuals who need to be appreciated Vote The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards Arts Commission Vice Mayor McCray appointed Helena Wolf as a regular. Mayor Hay appointed Aylin Tito as an alternate but withdrew the appointment as an alternate until the regular vacancy was assigned to a Commissioner. Building Board of Adjustments and Appeal Vice Mayor McCray appointed Beverly Agee. Commissioner Ross appointed Sanford Guritzky. Commissioner Holzman appointed Stanley Gavlick (Due to residency requirements, this appointment was withdrawn and moved to the Veterans Commission as an alternate). Code Compliance Board Commissioner Holzman appointed RoseMarie Yerzy. Commissioner Ross selected Robert Bucella. 7 Meeting Minutes Regular City Commission Boynton Beach, FL Community Relations Board Vice Mayor McCray appointed Margaret Newton. Education and Youth Advisory Board Vice Mayor McCray appointed Hattie Miller. Commissioner Holzman nominated Carol Lundquist. Commissioner Ross nominated Carla Colebrooks- Spencer. Mayor Hay nominated Lourdes Paola Alvarez as a student. Employees Pension Board Commissioner Ross selected Cathleen McDeavitt. Firefighters' Pension Board Vice Mayor McCray selected Robert Taylor Commissioner Holzman appointed Helen Bush. Library Board Vice Mayor McCray appointed Jeannie Taylor. Mayor Hay appointed Barbara Wineberg as an alternate. Planning and Development Board Commissioner Ross appointed Sharon Grcevic. Mayor Hay appointed Roger Saberson. Recreation and Parks Board Vice Mayor McCray appointed Charles Kanter. Commissioner Holzman selected Catherine Scantlan. Commissioner Ross appointed Marianne Lentini - Bernarduci. Senior Advisory Board Mayor Hay appointed Kathleen Lynch. Vice Mayor McCray appointed Jean Young. Mayor Hay appointed Stuart Preston as an alternate. Special Events Ad Hoc Committee Commissioner Holzman selected Tony LaRiccia. Veterans Commission Commissioner Ross appointed James Bowman. Mayor Hay nominated Frank Bregoli. Vice Mayor McCray selected Karl Washington as an alternate. 8 December 4, 2012 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Motion Vice Mayor McCray moved to approve. Commissioner Ross seconded the motion. Vote The motion passed unanimously. C. Update report from the Special Events Ad Hoc Committee. Michele Costantino, an alternate member of the Ad Hoc Committee for Special Events, spoke on behalf of Elliott Williams, Chair of the Committee, who had a family emergency She reported the Committee had a rough start, but now had a great team and have a working knowledge of the goals and objectives outlined for the Committee. The signature event for the Committee is a Pepper Fest to be held during the Red Hot Blues Cruise and Pepper Fest. The agricultural history of the City should be celebrated and the pepper is as adverse as the City itself and combines with the current branding efforts. There are several components of the event including the participation by the Chamber having a car /truck show and music for the event. It would be a one -day event this year with the hope it would grow each year forward. Ms. Costantino outlined the responsibilities of each of the Committee members. The Committee was working on finding any funds available and would appreciate any assistance. The Committee was asking for more assistance and direction from the Commission to move forward. Commissioner Ross suggested more details be presented in writing for the Commission to consider. Commissioner Holzman thought the associated costs should be brought to the Commission Ms. Costantino indicated the date suggested was March 23 or 24 of 2013 Commissioner Holzman opined it would be adventurous to put something together that quickly. Mayor Hay was in favor of seeing more information, since he had been prepared to disband the Committee before the report. Commissioner Holzman reiterated a full budget proposal would be best before any further conversation. Vice Mayor McCray noted more detailed information needed to be provided. Mayor Hay declared the Committee was still viable. 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 9 Meeting Minutes Regular City Commission Boynton Beach, FL Motion December 4, 2012 A. Appoint an Advisory Committee to review a renaming request for Veterans Park on Ocean Avenue B. PROPOSED RESOLUTION NO. R12 -122 - Approve and authorize execution of a Mutual Aid Agreement for Water/Wastewater coordinated by Florida's Water/Wastewater Response Network (FIaWARN) C. PROPOSED RESOLUTION NO. R12 -123 - Approve the piggy -back of City of Lakeland, FL agreement for Annual Collection Services on delinquent utility and miscellaneous receivable accounts with Penn Credit of Harrisburg, PA. The agreement provides collection services at a commission rate of 16% for first placement accounts and 24% for second placement accounts. Commissioner Holzman wanted to get more specific amounts on what had been collected in the past and the anticipated return going forward. Mr. Howard, Deputy Finance Director, admitted he did not have all the information requested. It would need to be reviewed by staff before being sent to the Commission Mr. Howard agreed to get the information as soon as the figures and information was confirmed. Ms. LaVerriere explained Commissioner Holzman had requested a five -year history of what has been sent to collection for Fire, Utilities, Solid Waste and Finance that use the service. Commissioner Holzman moved to table to the next meeting. Vice Mayor McCray seconded the motion Vote The motion passed unanimously. D. Approve request for Sidewalk Cafe permit for The Little House, located at 480 E. Ocean Avenue. Applicant: Chrissy Benoit. E. PROPOSED RESOLUTION NO. R12 -124 - Approve and authorize the City Manager to execute an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2013 -2014 budget with the scope of professional services and specialized assistance in the amount of $17,500. F Approve the minutes from the regular City Commission meeting held on November 7, 2012 G. Accept the written report to the Commission for purchases over $10,000 for the month of October 2012. 1 0 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 H. Approve a motion to declare the items surplus on the attached "VEHICLE SURPLUS LIST" as submitted by Public Works /Fleet Maintenance and allow for auction of the same utilizing JJ Kane Auctioneers I PROPOSED RESOLUTION NO. R12 -125 - Approve and authorize execution of three -year contracts for (a) Third Party Administrator (TPA) services for Workers' Compensation (WC) claims with Commercial Risk Management, Inc. and (b) Adjuster Services for Property and Casualty (P &C) claims with Gallagher Bassett Services, Inc J. PROPOSED RESOLUTION NO. R12 -126 - Authorize and direct execution of a License Agreement between Unisite, LLC ( "American Tower" or "Licensor ") and City of Boynton Beach ( "Licensee') to allow installation and operation of an antenna for government use on the existing telecommunications tower located on city- owned property at 3261 Quantum Blvd. K. PROPOSED RESOLUTION NO. R12 -127 - Approve a pledge of the municipalities of Palm Beach County endorsing the Mayors' Climate Action Pledge, affirming support for the Southeast Florida Regional Climate Change Compact, agreeing to consider implementing the Regional Climate Action Plan in whole or in part as appropriate for each municipality, and urging all Mayors of Palm Beach County to support the Mayors' Climate Action Pledge. Commissioner Ross wanted to highlight the item and recognize Mayor Hay would be representing the City. It is a pledge of the municipalities endorsing the Mayor's Climate Action Plan and confirms support for the Southeast Florida Regional Climate Change Compact. Carisse LeJeune, Interim Assistant City Manager, represents the City of Boynton Beach on the steering committee. There is a Climate Change Summit being held at the Jupiter Resort, December 6 and 7 with opportunities for people to learn about the Regional Climate Action Plan. Motion Commissioner Ross moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award of the "Co- Operative Bid To Furnish, Deliver And Discharge Quicklime ", Bid No.: 009 - 2821- 13 /JMA, to Lhoist North America of Alabama, LLC as the lowest, most responsive bidder meeting all specifications. 11 Meeting Minutes Regular City Commission Boynton Beach, FL 12 December 4, 2012 Estimated annual expenditure is $295,427.00. This product will be ordered on an "As Needed" basis. Motion Commissioner Holzman moved to approve Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. B. Approve utilizing the GSA Pricing Contract Number GS- 07 -5610R with Contender Boats Inc. for $139,114.32 for the purchase of a 32' Contender Tournament with twin Mercury Verado 300XL engines and an Amera -Trail triple axle trailer Vice Mayor McCray wanted more information on the purchase. Chief Immler explained the boat was for the marine patrol that would replace Marine 1. Five boats that have been confiscated were being sold for a total amount of $83,803. Ms. LaVerriere noted the balance of the cost would be funded from the Law Enforcement Forfeiture Fund and not General Fund monies. The monies have to be used for extraordinary purchases for the Police Department. Commissioner Holzman wanted to know the kind and status of the current boat being used. Chief Immler indicated it was a boat confiscated from a local drug dealer, an ocean going vessel. Commissioner Holzman inquired why one of the other boats that had been confiscated could not be utilized rather than spend $140,000. Chief Immler responded none of the boats were suitable for marine patrol. Most of the boats had been gutted by drug dealers and adapted to transport either people or drugs. It would not be cost effective to re -fit the boats to their original condition. Commissioner Holzman pointed out the repairs for the current boat was approximately $40,000, much less than the proposed cost of a new boat. Chief Immler replied the haul was no longer structurally sound to take into the ocean. Once the underlying plywood became water logged, the boat was not repairable. The boat requested was made specifically for police patrol and the boat being traded was not. Commissioner Holzman was not in favor of spending $140,000 for a top -of- the -line model, rather retro -fit one of the boats the Department has or buy a used boat for less than the $140,000. Other boats would be coming in and the proposed purchase is a misuse of funds and he could not support the expense for a boat used only on weekends and holidays. There is also the Sheriff's office marine patrol and the Coast Guard has a marine patrol. It would be a redundant service that he could not support. He would be willing to look at a more reasonable alternative. Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Vice Mayor McCray asked if the Department bought new automobiles or used automobiles Chief Immler indicated new cars were purchased. Motion Vice Mayor McCray so moved. Commissioner Ross seconded the motion. Vote The motion passed 3 -1 (Commission Holzman dissenting). 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlements in case of Christie Bolden, et al v City of Boynton Beach Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion for discussion. Vice Mayor McCray wanted the overall picture to be explained and what the total liability would have been and the savings to the City. Chuck Magazine, Risk Manager, introduced Ben Bedard from the law firm of Roberts, Reynolds, Bedard and Tuzzio, 470 Columbia Drive, West Palm Beach, who was available to answer any questions. Vice Mayor McCray asked for a dollar estimate of the possible total exposure to the City. Mr. Bedard pointed out there was actually six parties to the case and the actual settlement per party is just over $16,000. If the case went to trial the attorneys' fees and costs would exceed the settlement figure of $98,000. A trial would last at least three weeks with six plaintiffs. He estimated the possible award would have been $125,000 The City was settling for less than it would cost to try the case prior to any jury award. Vote The motion passed unanimously. 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. 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 None 10. CITY MANAGER'S REPORT A. Report by Boynton Beach Police Department regarding crime rates in the Palm Beach Leisureville community Ms. LaVerriere noted Commissioner Holzman had requested the information and Chief Immler would be making a brief presentation on crime statistics in Leisureville. Mayor Hay noted there were residents present who wanted to speak and he felt it should be allowed. There was agreement the residents could speak. Chief Immler indicated he had Lt. John Bonafair, District Commander of the District and the Crime Prevention Officer John Huntington present to assist. The crime report was displayed showing there had been eight more crimes in Leisureville than last year, with two being residential robberies The change is not significant, recognizing that any burglary is one too many for the victims. On national scale, the average for burglaries is 1.92% and Leisureville has a rate of 1.8 %. The West Palm Beach reporting area that includes Boynton Beach realizes a 33% higher crime index than does the rest of the country. Factoring that together, a normal rate for Leisureville would be 2.4 %. Whether it increases by one or eight, it is considered a problem by the Police Department. Lt. John Bonafair advised six arrests had been made for the eight or nine crimes committed Some were a result of the detectives working the case and others were done by the road patrols that made arrests on the scene. Some of the crimes were done by the same people, but there was not sufficient evidence for the charges on the other locations. Only the hard facts can be considered. There are three types of burglaries. One involves the distraction type technique involving a crime ring from Michigan and arrests have been made in other jurisdictions. The other type is individuals in the professional arena posing as contractors and the third type is younger individuals burglarizing homes for jewelry that can be sold for cash. Another problem was auto burglaries that increased and then personal property left in yards unsecured and taken. The detectives have had success in identifying the individuals committing the crimes. There is a 25% clearance rate and Lt Bonafair reiterated some of those arrested were suspects in other crimes. There has been a lack of actual patrolling in the neighborhood. Police gravitate toward the crime areas and Leisureville is not a high crime area There are constant patrols around the outskirts, but inside is an issue. A patrol district had been created in Leisureville with an officer on duty full time. The floating sergeant would be supervising the area as well to address any operational issues in the area. Commissioner Holzman thanked the Department for their efforts and had been informed there was a presentation made to the residents. Officer Huntingdon and the community 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 policing group had done a good job in the area and were a real asset. Commissioner Holzman felt it was important the community knows so they can become hyper - vigilant about the area and how to protect themselves. Commissioner Holzman asked if the easy access in and out of the community could be addressed with speed bumps or rumble strips to slow the perpetrators down and act as a deterrent. Officer Huntington advised the main street has had several more stop signs installed to slow down the public. Commissioner Holzman questioned if a gate would be feasible or closing off one of the exits. Officer Huntington advised Mr. Livergood would have to be consulted if that would be possible and effective. Commissioner Holzman asked the matter be investigated and addressed at the next meeting. Vice Mayor McCray commented he was glad the stop signs had been installed, but recalled the speed bumps could not be utilized due to the emergency vehicles. It is an elderly community and the stop signs were determined to be the best option. Lt. Bonafair agreed the stop signs were a great tool because it gave Officers a chance to identify the drivers, question their presence and assist in crime prevention. Beverly Garris, 120 Ocean Court, President of the Board of Directors at Palm Beach Leisureville, indicated there was a COP (Citizens On Patrol) group with 150 volunteers with two City police cars patrolling from 6 a.m. to 10 p.m. almost daily. They do a wonderful job and there is a professional paid patrol 12 to 15 hours every day. The Police Department has been hired three days a week to patrol different days and hours. They have been very helpful. The residents range in age from 55 to 100 years of age, do not see well, do not hear well, do not walk fast and their limitations have to be considered. Ms. Garris questioned if the community should be gated and fence everything in and perhaps take over the City streets. They currently have a ten -year program to work on infrastructure. The Fire Chief had related they would need two exits in and two exits out to be efficient due to its size. There are 2,400 homes, condos and villas with a population between 3,500 to 4,000 residents. There are three clubhouses and it is a wonderful place to live. Attempts are made to educate the residents with speakers and monthly newsletters. Commissioner Holzman stressed the addition of one officer would be very helpful. The possible take over of the roads should be considered as a possible budget consideration. He suggested staff return with a full report on the possibility of the cost savings. Ms. Garris mentioned the community does maintain the sidewalks and berms from the City streets. The Mayor felt it was worthy of review. Ms. LaVerriere agreed to provide an update on the negotiations and possibilities. B. Approve continuing the Agreement as further defined herein with Davenport Lawrence for Phase 2 of Project Management Services for Utility Water Meter Technology Migration for (a) Transitional Project Management Services, (b) AMI Meter Infrastructure Project Management and (c) Process 15 Meeting Minutes Regular City Commission Boynton Beach, FL Motion December 4, 2012 and People Design Change Aligned with Customer Information Systems for total estimated fees and expenses of $212,500. Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Mr Atwood wanted to introduce Andy Honeycutt and Steve Davenport, the two managing directors of the project. It was a $3 million project that has been cut considerable through their efforts with the meter company saving over $1 million for the project Andy Honeycutt, Davenport Lawrence, 3801 PGA Boulevard, indicated the project was the meter infrastructure migration from a drive -by system that was failing at 20% to a system that will read from a tower or fixed base. The failure rate created a backlog and collection issue and meter maintenance issues. They were proactively moving the system along. The next phase would bring in the customer information system, account collections and customer relations. The AMI system has to be leveraged throughout the organization in the field and in financial operations. Vote The motion passed unanimously. C. Accept staff report on Civic Engagement and Community Outreach for discussion and direction to address Advisory Board recruitment and citizen volunteerism. Ms. LaVerriere indicated this was a follow up report from discussions about participation and volunteerism on the advisory boards. A more global approach was taken on volunteerism overall and civic engagement in the City. Part of the program would take a look at the purpose, relevancy, structure and goals to be achieved by the advisory boards. Volunteerism has taken a turn because the traditional volunteers are harder to come by in terms of time and willingness to commit their time and efforts. More of the efforts are directed to project oriented time. Ms LeJeune reported no organization exists in a static environment. The demands are impacted by social, political and economic trends. The programs and expectations should be examined and re- shaped through strategic planning. Civic engagement is a key to government with a goal that the decision makers are well informed and citizens are permitted to contribute to policy development Greater diversity of views, building trust in decision makers, providing insight into unknown special needs, improving community relationships are the goals of civic engagement that result in strong, sustainable outcomes. 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 The challenge has been recruiting members that the government wants to engage in the efforts, determining why they are needed and the intended purpose of their involvement If the goal would be to fill the advisory boards, then the boards and their roles and responsibilities need to be reviewed. There are three major demographic age groups that are different, but maintain unified desires that drive volunteerism. One group is baby boomers born from 1946 to 1964 who are of retirement age, but not prepared to change their existing life styles. They are leaders and looking for challenging opportunities. The next group is Generation "X" born between 1965 and 1981 who remain connected to their communities, own homes and have school -age children and stable employment. Their challenge is balancing work and home activities. They do want a voice in their government. Generation "Y" were born from 1982 to 2004 and they want variety including one -time volunteer events and helping non - profits. They are intent on using their backgrounds and skills to add to their resume. A recent survey indicated 58% want short-term commitments and use of online and offline networks. The common themes are the work needs to be challenging, meaningful and flexible time constraints. Existing boards should be evaluated for social, environmental and economic significance with specific projects and committees identified through strategic planning. Volunteers can then be marketed through active community outreach. The Human Resource Department has developed two programs. One is the Gateway Program for internships designed to get aspiring talent exposed to success in the public sector. The Footprints on Boynton volunteer program is intended to offer opportunities for all citizens to work together and complete projects that benefit the community. The City, Greater Boynton Beach Chamber of Commerce and the Community Redevelopment Agency have been working together with the goal of moving the City forward for a better future. A series of events have been planned to meet the citizens and businesses of Boynton Beach to market the happenings in the City and receive feedback. A meeting was held in May and another is anticipated on January 30, 2013. Economic development activities focus on the economic plans, community development and quantitative and qualitative methods to address social, economic and environmental needs of the community. The City would be hiring a Manager of Economic Development who will work with public, private and non - profit entities to set goals, strategies and projects to promote business retention and development. Marketing and outreach and community engagement will be major factors to energize and focus the community. It was hoped everyone would join in elevating the community's unique attributes and create a holistic approach to creating jobs. The brand promise is part of the process that has begun to identify the communities' assets and attributes. The employee kickoff was held to start training the employees to become ambassadors for the City There is more work to be done to market the brand 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 promise to the community. It is an example of what structured volunteering with goals and objectives can achieve. The education initiative is another aspect of the process that strives for excellent schools and markets the education opportunities in Boynton Beach. Dedicated volunteers will be needed for a structured project with clear goals and objectives to succeed. Civic engagement is critical for good policy development to achieve the goals identified and determining the needs and desire of the community using strategic planning to build a better City. Resources remain a challenge. It was hoped that eventually a Communications Marketing Manager could be hired to work on community outreach, recruiting volunteers, facilitating the volunteer groups and tracking any projects. It is important to examine the advisory boards and review the establishing ordinances to be updated and determine if they are relevant to the current needs of the City. Strategic planning is needed to identify the volunteers and the needs. Mayor Hay inquired about the anticipated timeline to make the programs operative. Ms. LeJeune advised the Commission needed to give direction on the existing advisory boards re- evaluation and the methodology to be used. It was felt the current volunteer opportunities need to be examined and a new direction for the boards may take the City to the next step in volunteerism. There are now 17 boards. Mayor Hay contended the relevance of the boards had to be assessed based on the new dynamics of the community. It is worth studying to make an effort for the boards to be viable. Mayor Hay felt it may be appropriate to bring in an external resource to review the current status and the future path. He did want the concept pursued on a very high level. Commissioner Ross asked if there were any simple changes that could be done quickly. Ms. LaVerriere suggested starting conversations with the boards would be a first step. The Tapas and Talk series in January is to start having dialogue with the community to build a database of homeowner associations and key stakeholders. Another step would be engaging in conversation with the existing boards and members. It can be done by a staff member or a third party at the Commission's direction. The members should be asked for their perspective on the board and its effectiveness and explore new ideas or vision for the boards. The policy and programs are in place for the internship program and well structured volunteer program. Mayor Hay inquired if these programs could be part of the Economic Development Manager responsibilities. Mr. LaVerriere did not feel that would be appropriate There is internal staff that is available that could be utilized on an hourly basis as funds allow. She did not see the need for a major contract or hiring anyone at this time. Ultimately the City does need a Communications Director or Manager. Vice Mayor McCray stressed the first step should be getting feedback from the existing boards and members. Their feedback should be obtained and reported back to the 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Commission The Commission agreed staff could be utilized and the review was needed. Ms. LaVerriere stressed the problem was not unique to Boynton Beach and other neighboring communities were struggling with the same issues and across the nation It is a hot topic and there are tremendous best practices established. It has to start with strategic planning. D. Update on the Brand Promise Marketing Plan and Brand Promise Image. Ms. LeJeune recalled there were four phases to the Brand Promise Marketing Plan beginning with the Brand Assessment that reviewed all the plans previously prepared for 1988 through 2010. Two Branding Surveys were completed to identify all the attributes and evaluated the "Gateway to the Gulfstream" tag line. A stake holder committee was established working with residents and businesses. Phase II was completed by introducing the Brand Promise on March 6, 2012. Phase III created the Brand Blueprint completed by a second stakeholder committee representing community members with marketing skills and abilities. The marketing plan was presented to the Commission and approved. It identified goals and objectives, target markets, niches, competitive advantages, timeline, tactics and strategies. Simultaneously, the Human Resources Department developed a plan for the Brand culturalization of our employees previously described. It was the first step so the employees understand the brand promise, how the attributes should be expressed in their behavior, attitude and their responses. The tag line has been incorporated into the emails, business cards, stationary and other ancillary documents. The graphic representation was displayed that captured the essence of the promise in the final visual image. As it is incorporated into the economic development tool kit, it helps to create a strong brand identity that is a tool to create a vibrant, sustainable and economically healthy community. Ms. LaVerriere stressed the image was not changing the City's logo. Ms. LeJeune explained the City logo had been copyrighted after it was adopted by the Commission. The intent of the new graphic representation was to give a visual image of the brand promise to be used for marketing the City. By using the image it should become known throughout the region, across the nation and internationally to become a symbol of our destination location. Ms. LaVerriere commended the staff and artist who created the image. She hoped the Commission would adopt it so the City could start using it. Ms. LeJeune advised the designer also provided a user guide available to all the partners with the Greater Boynton Beach area who want to incorporate the Brand Promise image. Vice Mayor McCray and Commissioner Ross indicated they approved of the design Ms. LeJeune noted the Ocean Avenue bridge is iconic and symbolizes the Gateway to the Gulfstream. 19 Meeting Minutes Regular City Commission Boynton Beach, FL Consensus Mayor Hay declared there was consensus to adopt the image. The artist, Debbie Bottoroff, was recognized and applauded for her hard work and professionalism. Jeff Livergood, Director of Public Works and Engineering, advised the current cost estimate to maintain the medians on Congress Avenue would be $99,500 and broken down as $18,500 for maintenance, $12,000 for irrigation, and the balance for plant and new materials. The funding source recommended was to use part of a $223,000 projected end -of -year fund balance in the Capital Fund. The balance is approximately the same at the end of each year over the five -year program. The second year the remaining maintenance costs should be budgeted in the proper location in the Parks and Grounds budget and not use capital funds. The cost for year two forward would be approximately $40,000 to $50,000. Commissioner Holzman questioned the intended use of the fund balance in the Capital Fund Mr. Livergood replied the intent was to maintain the balance because the $500,000 per year in roadway maintenance has not been budgeted. It was hoped a fund balance could be built up to add the roadway maintenance back into the budget. Roadway maintenance has not been done for the last three years as it had been done the prior ten years. Commissioner Holzman reiterated his prior assertion that the funding was not available. The beautification of streets is important, but this project should be held until the next fiscal year, saving the money rather than spending it all now. The cost could be deferred to next year after the beautification is completed on the east side. It would all be completed in the next two or three years. Mr Livergood suggested another option to make Congress Avenue look better. There are areas where the mulch has been lost The weeds that have grown up could be sprayed and new mulch scattered to at least clean up the areas and show an attempt to maintain the medians. For $30,000 some irrigation could be repaired, mulching put down, pruning, pest control and fertilization to make it look better. Commissioner Holzman totally agreed as did Mayor Hay. Motion 20 December 4, 2012 E. Discuss funding options for the enhancement of Congress Avenue median landscaping Commissioner Holzman moved to approve option 2 as outlined by Jeff Livergood. Commissioner Ross seconded the motion. Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Ms. LaVerriere added the capital fund was decimated two years ago when $2.4 million was transferred to balance the General Fund budget. It is gradually starting to build up again. Vice Mayor McCray inquired about the status of the U.S. 1 beautification. Mr. Livergood responded the same type of work was being done, but it also included new plantings. Ms. LaVerriere noted many plantings along Congress Avenue had been lost that would not be replaced. The new landscaping could be added next year when funding was available. There will be a noticeable improvement along Congress Avenue with the proposed maintenance. The funding for U.S. 1 was reinstated during the current budget process. Vote The motion passed unanimously. F. Review traffic control options on Old Dixie Highway. Ms. LaVerriere recalled the issue had been brought to the Commission previously by two residents who presented a petition from their neighborhood The issues were safety hazards, speeding and truck traffic in the area. Mayor Hay had received a call from County Commissioner Priscilla Taylor who requested that a decision not be made at this time because part of the road belongs to the County. Ms. LaVerriere advised it was a City road; however, the south side of the road is a County enclave that is not within the City limits. County approval would not be required. It was decided to proceed with discussion on the matter. Ms. LaVerriere noted residents were present as well as representatives from Seabourn Cove. Linda Stabile, 3811 Wall Street, Delray Beach, a county pocket, had an email from County Commissioner Steve Abrams indicating the County Traffic Engineer determined the County had no jurisdiction over the road. She made a statement representing the residents of Tradewinds Estate West requesting support for the proposal to create a temporary dead end or a permanent dead end at Miller Road. The community was a small, endangered, historic area off Federal Highway that could be designated by the Historic Resources Preservation Board. The recommendation for a dead end as proposed would be far more effective and could be accomplished in a shorter period of time than any other proposals. Ms. Stabile alleged that Ms. LaVerriere recommended the road closure Over the past two years, several meetings and discussions had been ongoing while the residents endured traffic studies and ultimately suggested that traffic calming devices be installed. Recently the noise pollution was an issue reported by the local media The residents needed the Commission to approve the dead end at Miller 21 Meeting Minutes Regular City Commission Boynton Beach, FL Road She alleged it was time for the City to give as much consideration to their neighborhood as has been given to Walmart and Seabourn Cove. They had been living under unsafe conditions for two years. There have been missed opportunities for the City to require developers to pay for appropriate calming devices. The residents wanted to return to the 1950s feel of their community before the high- density development was forced upon the area. She stressed the pedestrians, children and properties were in danger from the constant dust and cracks in walls beginning to appear that could be attributed to the traffic. There are huge trucks passing through the area that create a potential hazard and the City refuses to acknowledge the danger. Diane Winger, 3582 N. Old Dixie Highway, reported there were many people and pets in the area along a very small two -lane road that was unsafe. The construction traffic from Seabourn Cove was tremendous. Speeding was also a problem. Ms. Winger questioned why the road that was to be used only for garbage removal had been paved. She asked the Commission to consider the complaints. Signs had just been installed indicating no truck traffic on the road. The speeding cars were still a problem. She agreed the road should be closed at Miller Road. No one else coming forward, Mayor Hay closed public audience. December 4, 2012 Ms. LaVerriere indicated all the options had been provided to the Commission. She stressed the engineering studies and the criteria did not demonstrate that the problems exist. The City has attempted to work with the residents and recognized the issues were not based on the numbers and statistics. It is a quality of life issue for the residents. The options and their advantages and disadvantages were outlined in Tight of the current ordinance requirements. She advised a full road closure would cost over $100,000. If the Commission supports full road closure as a policy, funding would have to be established. One alternative was the placement of barricades to temporarily block off the road to restrict it to local traffic. The developer and management of Walmart had worked closely with the City, but they have limited control of the traffic. The major construction project will last another 18 months and it was felt their concerns would no longer exist. Commissioner Holzman wanted the cost for a temporary road closure. Ms. LaVerriere responded it would be $18,000 to $19,000 to have a barricade company set up the road for local traffic only. It would prevent trucks from using the road. Commissioner Holzman thought a temporary road closure would allow the opportunity to see if the cars are the problem. It is important to help the residents. He did want to know if the recent paving of the road as alleged was contrary to prior commitments from the developer. The minutes should be pulled from the meetings to reveal what was said by the developer on the issue. Mr. Livergood pointed out there were two garbage locations that were being paved within the right -of -way for the City's service vehicle to have access. Phase I of the 22 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 project had an access road onto Old Dixie Highway, but the primary access was off Federal Highway. Commissioner Holzman asserted the developer had been given incentives from the City and perhaps he would be willing to work with the residents to resolve the issue and help the City fund the anticipated cost for the temporary road closure during construction. Mayor Hay inquired if barricades could be placed to prevent the trucks, but allow the cars to pass through. Ms. LaVerriere suggested the barricades be installed and the effectiveness be reviewed every six months during the remaining construction. She stressed the traffic levels after Walmart opened increased about 50 cars more than outlined. The City had been aware of that possibility and it was discussed and approved by the Commission. The volume of traffic is not an issue on the road. It can accommodate thousands of more trips. The closeness of the homes to the road is a concern. Traffic enforcement has been increased on the road as is done all over the City. There have been discussions with the Department of Transportation to add a no trucks sign on Federal Highway. A resolution would have to be adopted to put a sign in their right -of -way. Sidewalks were also discussed that would be a long -term fix and very expensive to install. The traffic volume and road engineering does not meet the criteria for speed bumps. Ms. LaVerriere reiterated that traffic engineering does not support there is any type of problem; however, quality of life for the residents appears to be the issue. Vice Mayor McCray wanted verification that Ms. LaVerriere had recommended road closure as was mentioned. Ms. LaVerriere advised she had not made that recommendation. If the funding was available and the Commission approved the policy, she would recommend it. Michael Weiner, Counsel for Seabourn Cove, reported their traffic engineer had studied the situation. He acknowledged that in the 1950s homes were built close to roadways, but not acceptable by today's standards. The southern entrance to the City has changed significantly over the years and improved the entire area. There will be a linear park built on Dixie Highway and it would be a great contribution to the area. Commissioner Holzman pushed for a response to his proposal that the developer assist the City in funding the temporary barricades. Mr Weiner replied they would not because there are difficulties with the legality of even a temporary road closure. Attorney Cherof advised it would depend on the design of the closure. The Commission should be giving direction to set a goal and staff can explore how it can be done and the legal ramifications, if any. Commissioner Holzman was disappointed the developer would not assist the City Mr. Livergood added the funding would have to come out of the capital fund and affect roadway maintenance in the future. Mr. Weiner proposed there were other options. Rob Renabaum, with Simons and White Engineers, a registered engineer, agreed the volume of traffic on the road is well below 23 Meeting Minutes Regular City Commission Boynton Beach, FL capacity. Studies revealed that 85% of the drivers were driving at or below 33 miles per hour at a posted speed of 30 miles an hour. The average speed is less than 30 miles an hour and there is technical data and field counts to verify the fact. Only .5% of the traffic is larger trucks. The developer is targeting a construction completion to be nine months Mr. Weiner pointed out there were businesses and churches on the street that may be put out of business and could sue the City. It would burden other roads that would have to be measured and greater intersection turns may increase liability. There would be local traffic issues such as accessibility for fire, police and ambulance. Closed roads tend to increase crime rates in the vicinity with no eyes on the road. The noise being produced is far less than the train noise that has been there for years. There is a State statute relating to road closures, even temporarily, that requires notice to all residents. The developer felt very strongly there was no problem and encouraged the study be done and they would share in that cost. There may be other reasonable approaches that could be undertaken. Commissioner Holzman found it surprising they would assist in the cost of a study and not a partial road closure. He did not understand why the developer was opposed to the barricades unless their trucks were using the road anyway. The developer's profit margin would be far greater than the City's cash strapped budget and the $19,000 cost would be insignificant. Motion Commissioner Holzman moved to have the City move forward and staff come back with a detailed plan of the layout of the barricades for a partial closure and the actual costs. Mr. Livergood advised the cost figures and layout for the barricades was not provided because there was an associated cost of $250. The barricades would have to be placed so it would not negatively impact the entrance into Walmart. It would have to be done within all Florida Department of Transportation standards and practices. The risks created with the barricades have to be balanced with the risk that supposedly exists. Temporary barricades can cause confusion to motorists and it requires intense oversight to maintain the integrity of the closure for safety. Mr. Weiner interjected the Seabourn developers would agree to pay the $250 In the interim, other options could be proposed. Mayor Hay wanted a legal opinion on the County's position. Attorney Cherof did not know the details of the conversation and wanted to speak with the individual involved. Commissioner Holzman thought his motion would give Attorney Cherof time to communicate with the County. Ms. LaVerriere added there should be more communications with Seabourn to see if other options were viable. She did feel many studies had already been completed and the criteria does not establish a need for any 24 December 4, 2012 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 changes. Attorney Cherof interjected for every two people who come before the Commission requesting some action, there are another 50 people in the area that do not know something is going on. They need to be provided with notice and opportunity to participate in any discussion. Commissioner Holzman thought the City should reach out to Walmart and have them at the table. Vice Mayor McCray wanted more than one option and agreed the other residents needed to be notified. In his experience, there did not seem to be an issue. Motion Commissioner Holzman moved to spend the $250 to bring the plan to be reviewed and make a decision whether or not to do a temporary road closure of Old Dixie and Miller Road. At the same time Seabourn officials and those from Walmart could discuss the plan and bring it back to the Commission at the first meeting in February Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Hear update from City Attorney regarding conveyance document for Old High School property. Attorney Cherof recalled the City had been negotiating with an interested party to take over the Old High School to restore the facility. There is a draft of a purchase agreement and numerous issues were resolved. Other policy decisions the Commission must resolve or give direction to staff to close out the negotiations. The first issue is the land area to be conveyed. There are five parcels in the entire block. The Old School sits on one parcel Mayor Hay inquired if the interested party needed the property to secure financing. Attorney Cherof replied Mr. Contin, representing the development group, needed conveyance of the property to start the development process. Commissioner Holzman understood another option would be an exclusive right to convey once financing has been secured. Attorney Cherof agreed timing of any conveyance had been discussed. There was a proposal for conveyance with a number of safeguards and a nine -month window of time for the developer to receive full financing. Recently, it was determined it may be more appropriate to have the conveyance of the property be done simultaneously with the financing in a four to six month time period. Commissioner Holzman asked if there was an agreement or representation that the property would be sold if the financing was arranged within a 25 Meeting Minutes Regular City Commission Boynton Beach, FL timeframe. Attorney Cherof advised only the developer could estimate the time needed for financing Mayor Hay recalled deliverables had been requested for a long time and none had been forthcoming. He could support conveyance at the time the financing was secured, but the items that have not been addressed are show stoppers and some time limits should be established. Attorney Cherof agreed it is an issue that needs to be resolved if the data should be provided upfront or wait until final closing with the financing in place. Vice Mayor McCray recalled deliverables had been discussed at every meeting and at 4.15 p.m. four letters of recommendation were submitted. He did not understand why the information was just submitted when the letters were dated from September and October It did not show due diligence on the part of the developer. Commissioner Holzman offered having the deliverables due at the time of financing and the developer has stated he needs the conveyance to get financing. The opportunity is now to get the financing without conveyance and give him four months to secure financing and, if the deliverables cannot be provided, the negotiations end. Motion December 4, 2012 Commissioner Holzman moved to allow the developer four months to get his financing in place and provide the deliverables. Mayor Hay wanted something in writing that the developer needed the land to obtain financing. Commissioner Holzman clarified the motion was to give the developer four months to present the deliverables, get the financing arranged and then the property would be conveyed. Ms. LaVerriere agreed four months should be sufficient. Juan Contin, 826 South Federal Highway, Lake Worth, asserted he had presented deliverables to the City Attorney, being the letter of commitment for the $1.2 million. Mr. Contin was concerned because the City could not safeguard the record which could be crucial in negotiations with other parties competing to get into the project. Ms. LaVerriere said it was a confidentiality issue. Mr. Contin offered six months would be an adequate time period. Motion Commissioner Holzman moved to approve six months. Commissioner Ross seconded the motion. Vote The motion passed unanimously. 26 Meeting Minutes Regular City Commission Boynton Beach, FL Attorney Cherof asked if the intent of the motion was to have the six months embedded into a real estate purchase agreement or simply give six months to put their financing in place and when completed the deed transferred. Commissioner Holzman agreed with the last scenario outlined. Lisa Colon- Herring, 101 NE 3 Avenue, Fort Lauderdale, counsel for the developer, indicated no bank would entertain financing unless there was a conveyance or at least the contract right to the conveyance. Commissioner Holzman clarified it would be a contract right to purchase and Attorney Cherof agreed. A document would be prepared with the six -month deadline. Mr. Contin and his counsel agreed. Motion B. District I appointment. 27 December 4, 2012 Commissioner Ross recalled she had nominated Jack McVey to fill the vacancy who has now filed to seek election. Ms. Prainito reported Mr. McVey had discussed running, but had not filed any papers. Commissioner Ross asked the Commission to consider Mr. McVey for the District I vacancy. Motion Commissioner Ross moved to nominate Jack McVey for the District I seat. Attorney Cherof reiterated the issue is the Commission determining what process would be followed, that had previously received a deadlock vote. It is a Commission decision. There was agreement that the vote would remain the same as previously. 12. NEW BUSINESS A. Discussion of evaluation of the City Manager. Commissioner Holzman noted it was the end of the year and Ms. LaVerriere had been serving as the City Manager for a year and a half. He suggested it was the Commission's duty to review the performance of the one employee and do the same type of questionnaire as done for the previous City Manager and the Executive Director of the Community Redevelopment Agency. Commissioner Holzman moved to do a review of the City Manager in the same manner as the Executive Director of the CRA. Commissioner Ross seconded the motion with discussion. Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 Mayor Hay was not in favor of the evaluation. He thought the proposal was self - fulfilling and Ms. LaVerriere was not recognized as a City Manager. An interim position is not evaluated. Commissioner Ross felt any beliefs about Ms. LaVerriere's performance should be shared to be discussed. It was done with Kurt Bressner every year. A professional evaluation in several areas is the responsibility of the Commission whether it is an interim position or permanent. Mayor Hay countered it was also the Commission's responsibility to be fair across the board and suggested the City Attorney should then be evaluated. Commissioner Holzman agreed, but did not understand Mayor Hay's hesitancy to do an evaluation. Vote The motion failed 2 -2 (Mayor Hay and Vice Mayor McCray dissenting). B Policy on foreclosures. Vice Mayor McCray had added the item because he felt there should be a policy decision on how to handle foreclosures. Attorney Cherof pointed out these were reoccurring issues and some general policy discussion would be helpful. The decision has been made on other types of foreclosures. There may be cases that would require bringing it before the Commission outside the policy, if established. There was agreement to bring the matter back before the Commission in January. C Discussion on late agenda items Vice Mayor McCray felt information provided at the last minute should result in the item being tabled until there is opportunity for review. Mayor Hay agreed if the information related to something requiring a vote by the Commission. 13. LEGAL A. PROPOSED ORDINANCE NO. 12 -018 - SECOND READING - PUBLIC HEARING - Approve abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18th Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. Attorney Cherof read Proposed Ordinance No. 12 -018 by title only, on second reading. Motion Vice Mayor McCray moved to approve Commissioner Holzman seconded the motion. 28 Meeting Minutes Regular City Commission Boynton Beach, FL Mayor Hay opened the issue for public comment. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. December 4, 2012 B. PROPOSED ORDINANCE NO. 12 -019 - SECOND READING - PUBLIC HEARING - Approve changes to the City's Code of Ordinances, Chapter 26 - Article IV — Sewers, pursuant to Chapter 62 -625 of the Florida Administrative Code regarding Industrial Pretreatment Regulations and their proper enforcement. Attorney Cherof read Proposed Ordinance No. 12 -019 by title only, on second reading. Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public comment No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. C Approve the new Enforcement Response Plan (ERP) which includes references, and associated enforcement, to changes made to Chapter 26 - Article IV — Sewers of the City's Code of Ordinances pursuant to Chapter 62- 625 of the Florida Administrative Code (FAC) Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. D. Approval of ordinances amending Charter consistent with previous Commission direction: PROPOSED ORDINANCE NO. 12 -020 - FIRST READING - Adopt a revised City Charter to provide for the designation of Geographic Boundaries for each municipal voting district ninety (90) days after the 2020 census report and every ten (10) years thereafter; providing for a notice of an advertisement of the 29 Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot Attorney Cherof read Proposed Ordinance No. 12 -020 by title only, on first reading. He pointed out the ballot title and ballot explanation that would appear in March, provides the voters with a brief description for a yes or no response. Motion Commissioner Holzman so moved Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. PROPOSED ORDINANCE NO. 12 -021 - FIRST READING - Amending the Charter to allow a City Commissioner to retain office for the balance of their term in the event a District boundary change results in the Commissioner no longer residing in their District; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot Attorney Cherof read Proposed Ordinance No. 12 -021 by title only, on first reading. Motion Commissioner Ross so moved. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. PROPOSED ORDINANCE NO. 12 -022 - FIRST READING - Amendments to current City Charter Section 19 regarding term limits, increasing the maximum number of three year terms from two to three for a total of nine years that a member of the Commission can serve consecutively; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot 30 Meeting Minutes Regular City Commission Boynton Beach, FL Attorney Cherof read Proposed Ordinance No. 12 -022 by title only, on first reading. Motion Commissioner Ross moved to approve. Vice Mayor McCray seconded the motion for discussion. Vice Mayor McCray asked if language should be added that it would be beneficial for elected officials already on the Commission. Attorney Cherof advised the draft language did not contain that provision. Any member of the Commission whose term had not expired in March would have the opportunity for the additional term. Vice Mayor McCray inquired if it could be amended at the second reading and Attorney Cherof agreed. Commissioner Holzman had reconsidered and did not feel it was in the best interest of the City and could not support the change to the Charter. Mayor Hay recalled Commissioner Holzman had previously supported the provision. Commissioner Holzman reiterated that he had reconsidered and changed his mind. Vote 31 December 4, 2012 City Clerk Prainito called the roll. The vote was 3 -1 (Commissioner Holzman dissenting). PROPOSED ORDINANCE NO. 12 -023 - FIRST READING - Adopt a revised City Charter to provide for the renumbering, revisions to eliminate ineffective non - substantive language, correction of grammatical and punctuation errors, deletion of provisions which are superseded or preempted by State law, and reorganized to consolidate related subject matters; providing for a notice of an advertisement of the referendum election to be published in accordance with the State of Florida Election Code; providing that this Ordinance, when adopted shall be submitted to the qualified electors of the City of Boynton Beach, Florida on the March 2013 General Municipal Election Ballot. Attorney Cherof read Proposed Ordinance No. 12 -023 by title only, on first reading. Motion Commissioner Holzman so moved. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. Meeting Minutes Regular City Commission Boynton Beach, FL December 4, 2012 E. PROPOSED ORDINANCE NO. 12 -024 - FIRST READING - Approve Ordinance amending sale of City owned real property Attorney Cherof read Proposed Ordinance No. 12 -024 by title only, on first reading. Motion Commissioner Ross moved to approve. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0. 14. FUTURE AGENDA ITEMS A. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 B ATS Agreement - 12/18/12 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Hay properly adjourned the meeting at 10:09 p.m (Continued on next page) 32 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: t M. Prainito, MMC Clerk iLL dith A Pyle, CMC eputy City Clerk Vice Mt L.--Mack 33 CITY OF BOYNTON BEACH Woodrow AdelA Sterol - an, Comrfii '— We Com stoner 29 1 , December 4, 2012 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA P 6 z Omain Buiidht ERQigsirinp Lions. tir City C1ork PROJECT NAME Sunshine Square Abandonment of Utility Easement (ABAN 12 -0 APPLICANT'S AGENT James Mirrione, A & E Sunshine Square, LLC AGENT'S ADDRESS: 1221 Main Street, Suite 1000, Columbia, SC 29201 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2012 & December 4, 2012 TYPE OF RELIEF SOUGHT: Abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18 Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). LOCATION OF PROPERTY 501 SE 18 Avenue DRAWING(S), SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2. The App scant HAS HAS NOT established by substantial competent evidence a basis for the relief 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 application for relief is hereby )� GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7 Other. DATED' /a --la- /a S tPiann ng \SHAREDIWPIPROJECTS1Sunshrne SquareWBAN 12- OO1tDO doc EXHIBIT "A" - SITE LOCATION MAP SUNSHINE SQUARE ABANDONMENT (ABAN 12-001 EXHIBIT "A" - SITE LOCATION MAP SUNSHINE SQUARE ABANDONMENT ABAN 12 -001 200 100 0 200 400 600 1 IR WGI Wantman Group, Inc. Engineering • Planning *Surveying *Environmental 2035 VISTA PARKWAY, SUITE 100, WEST PALM BEACH, FL 33411 (868) 808 - 2220 phone (561) 687 -1110 Fax CERTIFICATE OF AUTHORIZATION No. LB 7055 ORLANDO - PORT Sr LU IE - TAMPA www. wontmongroup. corn DESCR!PJ7ON & SKETCH PREPARED FOR: EDENS LEGAL DESCRIPTION: A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4, AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH Cowan FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89'43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD; THENCE SOUTH 08'11'15" WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89'43'15" EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. £ 4TA SHOWN HEREON W4S COMPILED MOM OTHER 1NS7RUMENIS AND DOES NOT C NST/TUTE A FIELD SURVEY AS SUCH. 2 BEARINGS BASED 0 77-1E NORTH UNE OF SECTIGW 33 TOHNSNIP 45 SOUTH, RAND' 43 EAST, PAL! BEACH COUNTY, FLOMD4, S4ID NORTH UNE HAVING AN ASSUMED 8Ei4IWM' OF S 83 '43'15" W MID ALL OTHER BEARINGS RECITED HEREON ARE RELATIVE THERETO. DATE RBISION: 08/20/12 (NOT A SURVEY DESCRIPTION AND SKETCH ONLY) BY: REVISED PER CITY COMMENTS MRG SKETCH OF 12' U.E. 7D BE ABANDONDED Portion of Lot 1 Plat Book 1, Page 4 Palm Beach County, Florida (Sunshine Square — Publix Plaza) FOR THE FIRM 014NT44N CROUP, INC OFFICE CHEMED ie4 D47 0/ a.t1!2 a SLV?VE O AND M4Pf'ER UCFNSE M2 5655 MRG DATE 03/06/12 JOB 11011061.01 DGZ SHEET 1 OF 3 DWG 72700 12ft UE AB [ID WGI Wantman Group, Inc. Engineering ® Planning 4. Surveying • Environmental 2055 VISTA PARKWAY, SUITE 100, WEST PALM BEACH, FL 33411 (866) 909 -2220 phone (561 ) 687 -1110 fax CER71f7G4TE OF AUTHORIZATION No. LB 7055 ORLANDO — PORT ST. LUCIE — TAMPA www.wantmortgroup.com DATE: 08/20/12 I g"'' ci to I �r 0 1 � V I O h i DESCRIPTION it SKETCH PREPARED FOR: EDENS 2620.09' (Measured) To North 1/4 Corner Section 33 -45 -43 Found Palm Beach County, Brass Disc Woolbright Rood S89'43'1514' 1248.84' (SE 131h Avenue I NORTH LINE SECTION 33 -45 -43 1 I (Basis of Bearings) 589'43'15"W << (Assumed) L__ _ 1 - " -12' UTILITY EASEMENT I ORB 884 PG. 459 I (ORB 881, PG. 840 PBCR) I 1 D' UTILITY EASEMENT (ORB 7121, PG. 536 PBCR) 1 LOT 1 i (PB 1, PG. 4, PBCR) PORTION OF THE NORTHEAST 1/4 OF SECTION 33-45-43 1 POINT OF BEGINNING FOR SKETCH OF DESCRIPTION SEE SHEET 3 REVISION: 12' UTILITY (ORB 884, PG. (ORB 881, PG. REVISED PER CITY COMMENTS EASEMENT 459 PBCR) 840 PBCR) BY MRG OFFICE CHECKED LEGEND: = Center line ORB PBCR P8 PG. R/W U.E. MRG DGZ = Official Records Book = Palm Beach County Records = Plat Book = Page = Right —of —Way Utility Easement DATE 03/06/12 SHEET 1 OF 3 POINT OF COMMENCEMENT Northeast Corner Section 33 -45 -43 Found Palm Beach County, Brass Disc SCALE: 1" = 200' (Intended Display Scale) (NOT A SURVEY— DESCRIPTION AND SKETCH ONLY) JOB 11011061.01 DWG 72700_ 12ft UE AB I� WGI Wantman Group, Inc. Engineering *Planning • Surveying ♦ Environmental 2035 VISTA PARKWAY, SUITE 100, WEST PALM BEACH, ft 33411 (886) 909 -2220 phone (561) 687 -1110 fax CERITFICATE OF AUTHORIZATION No. LB 7055 ORLANDO — PORT ST. LUCIE — TAMPA www wontmangroup.com Q47 t 08/20/12 DESCRIP770N & SKETCH PREPARED FOR: E,DENS 1 1 1 { FOR POINT OF COMMENCEMENT SEE SHEET 2 r 1 ~n I oi1 QNt 1 ! ! UTILITY EASEMENT (ORB 884, PG, 459 PBCR) (ORB 881, PG, 840 PBCR) rn POINT OF o POINT OF BEGINNING TERMINUS REVISION: BY. REVISED PER CITY COMMENTS EASEMENT N89'43' 15'E 355.87' LEGIND: Q = Center line ORB = Official Records Book PBCR = Palm Beach County Records P8 = Plat Book PG. = Page R/W = Right —of —Way U.E. = Utility Easement MRG LOT 1 (PB 1, PG. 4, PBCR) PORTION OF THE NORTHEAST 1/4 OF SECTION 33 -45 -43 (NOT A SURVEY — DESCRIPTION AND SKETCH ONLY) OFFICE CHECKED MRG DGZ SCALE: 1" = 60' (Intended Display Scale) 12' UTILITY EASEMENT (ORB ORB 881, PG. 840 PBCR) DA 03/06/12 SHEET 3 OF 3 JOB 11011061.01 DWG 72700_ 12ft UE AB DEPARTMENTS INCLUDE REJECT ENGINEERING /PUBLIC WORKS/ UTILITIES Comments* None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments None X PARKS AND RECREATION Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. Project name: Sunshine Square File number ABAN 12 -001 Reference: EXHIBIT "C" Conditions of Approval S \Planning \SHARED \WP\PROJECTS\Sunshine Square\ABAN 12- 001 \COA (after P &D Mtg ) doc