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Minutes 02-05-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 5, 2013, 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 Jerry Taylor, Commissioner Steven Holzman, Commissioner Wayne Segal, Commissioner 1. OPENINGS D. Brand Promise Statement 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Segal Mayor Hay called the meeting to order at 6:31 p.m. and welcomed those present. Vice Mayor McCray offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Segal. Mayor Hay explained the branding initiative that had been undertaken and, in his experience, it was working to portray a better image of the City. The Brand Promise Statement was read: "It is time to take a look at Boynton Beach, its energetic downtown revival emanates from the busy Boynton Harbor Marina docks to the community's historic heart and soul." E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections. Commissioner Holzman pulled Consent Agenda Items 6.H, 6.1, 6.K and 6.P. Vice Mayor McCray pulled Item 6.J and Commissioner Segal pulled Item 6.A. 2. Adoption Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 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 Holzman announced the International Kinetic Symposium being held and hoped everyone could enjoy the art throughout the City. Vice Mayor McCray had attended the MLK March held in District II. It was well attended and the breakfast was delicious and at no cost to the City. Mayor Hay had given a tremendous speech and Vice Mayor McCray commended the seven people whose names were placed on the plaque. Vice Mayor McCray had suggested the organizers honor more people from throughout the City rather than one district. Commissioner Taylor indicated he had attended the Chamber of Commerce luncheon where all their new officers were elected. Their business plan was outlined for the coming year Commissioner Taylor represented the City at the Civic Center where 20 veterans from WWII were honored, who served in France. They were all given the Legion of Honor Medal from the Counsel General of France. Commissioner Taylor had participated in the FAM Tour that started at the Library with presentations from the City, Community Redevelopment Agency (CRA) and Chamber of Commerce. A bus tour was then provided throughout the Boynton Beach area to show those participants what was available in Boynton Beach. Commissioner Taylor had also attended the Solid Waste Authority meeting and Martin Luther King Walk and breakfast. Another 20 veterans were honored who had landed at Omaha Beach and Utah Beach during WWII Commissioner Taylor had gone to the Sister Cities' fundraiser and was entertained by a group of singers from Haiti. He attended the Chamber of Commerce casino night that was held at Indian Springs to raise money for the Chamber. Commissioner Taylor had attended the Tapas and Talk event that was held at the Library and open to the community for their input on the future of Boynton Beach. It was hoped that similar events could be held in the future. At the Civic Center, the Gold Coast Band had performed, an 83 -piece orchestra, and the music was fantastic. Commissioner Taylor thought more of those types of events should be held within the City. The Four Chaplains Memorial Service was held at the Ascension Lutheran Church 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 and Commissioner Taylor thanked the Church for holding the service in the City of Boynton Beach. On February 18 the Friends of the Library would be holding their annual luncheon with author, Ann Leary, present. It would be at Benvenutos' with a charge of $45. Commissioner Segal had also been at the MLK march and breakfast. The speakers were very inspirational and he had met many of those individuals honored. He had also attended the Tapas and Talk series and was hopeful more individuals would be engaged in the visioning process. He had attended the Chambers' Casino night and the swearing -in ceremony for US Representatives Ted Deutsch, Lois Frankel and Patrick Murphy. Commissioner Segal had held a District meeting. He had hoped for a better turnout and felt the idea should be continued to enhance the community engagement. Mayor Hay had attended most of the activities mentioned and the opening of Tijuana Flats restaurant on Federal Highway. He mentioned the League of Cities had met and there was discussion about the House Bills that were presented. Mayor Hay stressed the International Kinetic Art Symposium was the first of its kind in the United States. It was a reason to be proud of the City. Vice Mayor McCray pointed out February was set aside as Black History Month and encouraged everyone to find an article about the great leaders who have strived to do a lot for America and the youth. There have been great leaders within the Nation and the City of Boynton Beach. It has been a struggle with even more to achieve. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce 2013 Candidate Forum for the March 12, 2013 Municipal Election to be held on Thursday, February 21, 2013 - Organized by the Greater Boynton Beach Chamber of Commerce Mayor Hay read the announcement of the Candidate Forum and encouraged as many as possible to attend. It is an important election with four of the five seats to be filled. The residents should be well- informed and vote. Commissioner Holzman pointed out on February 13 there is a Chamber luncheon to meet the candidates also. B. Proclaim March 22, 2013 as All People's Day. Ms. Susan Berkowitz - Schwartz will be accepting the Proclamation Mayor Hay read an overview of the Proclamation and presented it to Ms. Susan Berkowitz - Schwartz. 3 Meeting Minutes Regular City Commission Boynton Beach, FL C. Announce the Ocean Avenue Concert for Friday, February 15, 2013 D. Announce the Movies on the Ave film for March 1, 2013 4 February 5, 2013 Ms. Berkowitz- Schwartz announced the celebration would be held on March 16 at Pompey Park in Delray Beach. Florida cities were beginning to connect different groups of people through creative arts to build a better world. She stressed for society to live in peace and harmony in the future, it had to begin with learning about each other. The event was being co- sponsored by the national group, 100 Black Women, in South Palm Beach County. Everyone was invited to the festival. There would be dazzling performances of dance, music, social theater with different groups performing every 15 minutes. Connect to learn about each other. Mayor Hay indicated he had attended the event the previous year and was impressed with the various cultures that were represented there. Kathy Biscuiti, Special Events Director, announced the next Ocean Avenue Concert that would honor Black History Month. A local R &B band would be performing from 7 to 9 p.m. at the Ocean Avenue Amphitheater. The Little House would be providing food and the Youth Leadership Group would be offering beverages. The next movie would be on Friday, March 1 at the Amphitheater from 7 to 9 p.m. showing "The Best Exotic Marigold Hotel ". E. Announce Sunday in the Park, Sunday, March 3, 2013 Sunday in the Park would be held at the Ocean Avenue Park from 12 noon to 3 p.m. featuring Spencer Allen Patrick, winner of the open -mic night at the Arts District event. All restaurants in the area would be open. F. Announce the International Kinetic Art Exhibit and Symposium being held February 8 - 10, 2013 in the Boynton Beach Downtown Civic - Cultural District Debby Coles - Dobay, Public Art Administrator, invited everyone to discover Kinetic Art and help to celebrate the art forms in motion. The event would be free with indoor and outdoor exhibits, presentations, vendors, awards and youth workshops. There would also be entertainment on stage and some tastings in front of the Schoolhouse Museum. The outdoor exhibits can be viewed on a self - guided audio /visual walking loop that includes plaques at each exhibit that can be accessed using a Smart phone. There is also an audio walking tour that the QR Code can be snapped with a Smart phone. There will be 60 pieces featured in the Library program room and the Civic Center along with vendors Presentations would take place in City Hall Chambers on both days. The youth workshops would be in the Art Center creating mobiles and very large pinwheels that will be exhibited on Sunday. Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Ms. Coles -Dobay reported 120 students from Oxbridge Academy in West Palm Beach had visited the kinetic art to learn physics. Two of the teachers hoped to engage the students through the art to learn about physics. The Symposium had already engaged in the educational aspect of kinetic art. Ms. Coles -Dobay thanked the Commission, CRA Board, all of staff and the Arts Commission and volunteers who helped put the event together. Commissioner Holzman wanted further explanation of the youth component. Ms. Coles -Dobay responded it would be held at the Art Center for 8 -12 year olds who would build the mobiles and teens would build the pinwheels. Ms. Coles -Dobay noted the new digital, outdoor billboard advertised the event. It is on the west side of 1 -95 exiting for Gateway Boulevard. Mayor Hay commented he had spoken with the physics instructor and this activity would bring people to Ocean Avenue. The students were excited and took pictures to help understand the motion of the art and the physics involved. He hoped other events would promote Boynton Beach and bring people to the downtown area. He commended Ms. Coles -Dobay on her accomplishments. G. Announce the Great Barrier -Free 5K Run this Saturday, February 9, 2013 at 7:30 a.m. at Congress Ave. Barrier Free Park Wally Majors, Director of Recreation and Parks, announced the inaugural run for the Barrier Free Park that had been adopted by the Realtors' Association for their annual fundraiser. It is the only one of its kind in Florida. It eliminates as many barriers as possible that would prohibit anyone from enjoying the Park located at 3111 S. Congress Avenue. The Run would begin at 7:30 a.m. and all proceeds would benefit the Park. The entrance fee was $35 and included a T -shirt. Ms. LaVerriere added it was organized by a race professional. H. Hear update from Christ Fellowship Church Donaldson Hearing, on behalf of Christ Fellowship Church, thanked the City for welcoming Christ Fellowship Church to the City. Also present were Dave Lonsberry, Director of Finance and Leo Abdella, Community Outreach Director. The ultimate campus location for the Christ Fellowship Church will be in the northern end of the Boynton Beach Mall. The church was excluded from the moratorium on the non - profits to facilitate the project in November 2011 The first services were held in Boynton Beach High School commencing on November 4, 2012. The closing on the new facility was on December 20, 2012 and it was a very involved process with Simon Malls and all the other stores in a real estate agreement. Mr. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Hearing contended not only Simons Mall, but also the local businesses and people are pleased the project is moving forward. The development team, including Beck Architects and Whites Construction, are working with staff to move forward and is on fast track. The demolition is proposed to begin in March and move into the site January 14, 2014. It will be the fourth campus in Palm Beach County and one of the most important. Everyone together can make a significant impact. There are also Spanish services at another facility and it is hoped to provide that in Boynton Beach too. Two services are held on Sunday at 10:30 and 12:12 p.m. at Boynton Beach High School with an average attendance of 900. There are 100 volunteers, police officers and custodians. Relationships are being built and over Thanksgiving over 1,000 dinners were delivered through the Community Caring Center The volunteers helped to paint City Hall and worked with St. John Missionary Baptist Church on their back -to- school health fair. A leadership conference was held at the site in January to celebrate acquisition of the building and brought the entire church leadership in Palm Beach County to learn more and understand the great attributes of the City of Boynton Beach and its new branding initiative. Their plan was to change the facility to a vibrant activity center. The conceptual plans were explained. The sanctuary will have about 1,500 seats in the east corner of the building. There will be a two -story element. There would be a children's area and student ministries will have their own services and area. From a traffic management perspective there are five access points to the mall ring road to disperse the traffic in and out of the facility. Everything will operate well within levels of service. Additional traffic personnel will be available at each location where traffic will hit the ring road with an adaptive management plan to modify the location of personnel where needed most. Mr. Hearing again thanked the Commission and staff for working together to make a difference. Plans should be submitted soon to the Building Division and the project would continue to move forward. Commissioner Holzman recalled the Church representatives had promised a $25,000 donation to the City. Mr. Hearing indicated they were committed to make the donation as soon as possible this year and every year Vice Mayor McCray wanted to make it clear it was not the moratorium that delayed the project, but the purchase agreement for the space. The City of Boynton Beach did not cause any delay. Mr. Hearing agreed and advised they had worked through complex real estate issues with Simon Mall and Macys. Vice Mayor McCray asked that the City Manager meet with the Church to work out the payment for the police officers. Mr. Hearing advised, when the Church moves to the new location, they will utilize City police. 6 Meeting Minutes Regular City Commission Boynton Beach, FL 4. PUBLIC AUDIENCE 7 February 5, 2013 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) David Merker, 8 Southport Lane, indicated as a District 1 candidate, he wanted to be on the record casting a no vote for the potential building of the hotel that affects the residents of Leisureville. The citizens should be heard and respected. It would affect the density of the town. The project definitely will be a disaster and he would vote no. David Katz, 67 Midwood Lane, mentioned Commissioner Holzman was an equal opportunity "dis- respecter" because during the invocation he was playing on his computer and was disrespectful. He read an email sent by Barbara Ready that refers to JR and SH. In a sworn deposition she referred to them as Jose Rodriguez and Steven Holzman. "In case you missed today's Palm Beach Post here is the link to the article. I hope everyone will go and write a comment at the end. You will probably be able to see which one was mine. All anyone needs to do is go to the CRA website and view the CRA meetings videos and see who the raving loon is — it's not JR. It would be great to have as many postings against Bright as possible and then we need to go to the neighborhood post and flood that one too. Please pass the word and get lots of your friends to speak up too. I believe we need a huge public outcry against Bright and we will need lots of folks to attend the next City Commission meeting as well because I believe the fur is going to fly. I don't know about you, but I voted for Jose and Steven to get stuff done around here and getting rid of Bright is a step in that direction. The Commission needs to hear from lots of people. All they ever hear is from Bright's totties and think she's wonderful and Jose is a bully and nothing could be further from the truth. Bright must go. It is not fair to JR and SH that they and we all worked so hard to get them elected and now their agenda is being thwarted." Mr. Katz advised the message had been sent in June of 2010. He had brought up the information due to the statement of having their agenda thwarted. Because of the email and other discovered information and factual allegations, there would be authorities looking into Mr. Holzman violating the Sunshine Law with the suspended Mayor when he was Mayor, alone in the presence of conduits. It is very possible that Ms. Ready is one of those conduits. David Dennis, 1314 South Seacrest Boulevard, representing Boynton United and Bury the Violence not the children, regretted the double murder of two children and the suicide on SW 8 On Monday there was a home invasion and use of a machete with helicopters overhead. He encouraged everyone to do more to curb the violence. It is not a Boynton Beach problem or County or State issue. It is an American problem and they sought to attract County, State and National assets to help. He requested support Meeting Minutes Regular City Commission Boynton Beach, FL 8 February 5, 2013 for Hands Around Boynton that will allow the community to come together and celebrate non - violence and pay tribute to those victims of violence. It would further engage the community. Last year's event attracted over 7,000 participants and helped stabilize the community. He expected it to become a tradition for the City. There was a silent march from Seacrest to SW 8 Street, scene of the double homicide and suicide. It was hoped the event brought healing to the family, Boynton Beach community and all victims of violence. Ray Whitely, 7353 Palmdale Drive, shared the culture of Boynton United. They inspired unity and trust, act like owners of the City, remain open and inclusive, respectfully address the issues and lead from the head and the heart. They discuss, decide and deliver. The organization has championed for a unified Boynton Beach. On April 27 diverse groups would unite for the same purpose. The dedicated leaders will rally with the community to convey a unified message of Boynton United to celebrate non - violence. Whether it is domestic violence, criminal violence, gun violence or against animals, Boynton United wanted to bury it rather than people of the community. Hands Around Boynton will begin at 8 a.m. at Ocean Avenue Amphitheater. It would be a celebration of non - violence. They would accept any strengths available to end the violence. Vice Mayor McCray reminded the organization they would need a special events permit. Rick Lococo, 30 SW Riverway, Palm City, shared good news that since 2005 Mr. Lococo and his group had assembled properties in south Boynton Beach along Federal Highway and had elected to go the energy efficient green route and created Seabourn Cove. Working with the City staff, a concept was designed that is unique to the United States and one -of -a -kind. At the International Building Show, attended by people from all over the world, sponsored by the National Association of Home Builders, Seabourn Cove was awarded the Most Outstanding Green Multi - Family project for the entire United States. The thanks go to the staff, Commission, CRA and the citizens that supported the project. The DIFA program through the CRA worked and the project is a huge success. Everyone should be proud of the project. Mr. Lococo again thanked everyone for their cooperation and support. He particularly commended the inspectors in the field who truly care about the City and are proud to be part of the project. Jay Weinstein, 115 Woo!bright Road, a practicing and licensed neuropsychologist with offices in Boynton Beach the last 11 years spoke. He was also on staff at the Memory and Wellness Center at Florida Atlantic University. He had a grievance because he had been levied a tax on his business for the past 10 years and has not qualified for the tax. He had met with several City employees who agreed with him and advised he had to speak with the Commission. He sought a full refund. Mayor Hay advised the City Manager would meet with Mr. Weinstein to discuss the concern. Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Sandra Peterson Hart, 1007 SW 17 Street, previously resided in Leisureville. She congratulated everyone on their efforts to uplift the City. She was representing a committee from Leisureville who were concerned about a review for site plan on a hotel to be built at 2000 West Ocean Drive. It had first come before the Commission in a variance application that the Planning and Development Board recommended denial. The Commission unanimously granted the variance. The minutes reflect no one from Leisureville was in the audience and it was believed Leisureville wanted the hotel. Ms. Hart contended Leisureville residents were not present because many residents travel north to spend the holidays with family and there was no notice of the hearing. The records at City Hall do not indicate that notice was sent. She expressed concern that the next hearing dates may fall in the summer when many residents are not in Florida. She reported there were 1,200 signatures of residents of Leisureville who strongly objected to the development. The residents wanted to have their voice. Shirley Cassa, 217 SW 14 Street, reported in 2006 she had purchased a condo in the north east corner of the lot. It was zoned C -3 with a maximum height of 45 feet. She discovered the owner, Boynton Holdings was planning to build a five -story, 64 foot high hotel. It would have a full service restaurant, bar and lounge and signage facing her condo and her community. The height variance was passed by the Commission in 2007 even though it was denied by the Planning and Development Board. Ms. Cassa was against a hotel in a residential area and a school zone area. Safety, traffic, noise and crime were some of her concerns. Residents within 400 feet should have been notified about the variance by mail. She had not seen any signage on the property. The City Clerk's office could not find any documentation which led Ms. Cassa to believe the developer had not sent the mailing or submitted the affidavit. The location was not suitable for a hotel and would tower over the condos, reduce the quality of life and home values. She challenged the variance and why it was passed and objected to a hotel on the site. Commissioner Taylor thought the development had been cancelled years ago. There would be major ingress and egress problems with the proposed plan to build a road from Boynton Beach Boulevard. It would be incompatible with the neighborhood. Commissioner Taylor put on record with the City Attorney that he would make a motion to rescind prior approvals for the development so staff would have knowledge of his position while processing the paperwork. Herb Suss, 1711 Woodfern Drive, lived in the area and was against the hotel being built by Leisureville. It was a quality of life issue. Mr. Suss contended the Police station being open only one day a week was unacceptable. He suggested it be open at least three days a week. Ms. Suss opined that any Commissioner or candidate running for office should consider now is the time to borrow money when interest rates are low and building a new state of the art police facility. He also contended term limits should be totally eliminated. 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Mark Karageorge, 240A Main Boulevard, walked with Boynton United to the home of the recent violence. The walk was led with prayer and respect for the family. He wanted the Commission to continue to support Boynton United and their efforts so teens and youth know there is another way other than violence and gangs. There are opportunities for education and other programs. Mr. Karageorge commended the Recreation and Parks Department programs that were vital in working with the youth and kids at risk. More funding needed to be set aside for mental health assistance. He pleaded with the Commission to support the celebration on April 27 and celebrate Boynton Beach has the second lowest crime rate in south county. The Police Department should get everyone's full support and the citizens unite to report crimes. No one else coming forward, Mayor Hay closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Cemetery Board: 1 regular and 1 alternate Code Compliance Board: 1 regular and 2 alternates Community Relations Board: 1 regular and 2 alternates Education & Youth Advisory Board: 2 alternates Financial Advisory Committee: 3 regulars and 2 alternates Golf Course Advisory Committee: 1 regular Library Board: 1 alternate Planning & Development Board: 1 alternate Recreation and Parks Board: 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Veterans Commission: 2 alternates Mayor Hay advised there was only one appointment that could be made. Commissioner Segal had the appointment and indicated he wanted to table his nominations. 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 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 A. Approve the request from Oceanside Beach Service, Inc. to waive lease payments for October, November and December 2012, and reduce the January 2013 payment by 50 %. Commissioner Segal had pulled the item because it represents a significant amount of money and he wanted more data on the extent of the damage and the impact on the business. Mr. Majors remarked the entire month of October had significant erosion and then with Hurricane Sandy the erosion came up to the foot of the lifeguard stands leaving very little actual beach footage. The vendor's business was reduced if not eliminated. He was requesting a waiver of the fees for those months and a reduction for the month of January. Commissioner Segal commented the vendor had businesses in other coastal communities and questioned if he had similar problems at those locations. Mr. Majors noted he had the same business at Delray that had a much wider beach area. Oceanfront Park has a very thin beach and has been marked as the next beach re- nourishment project by the County. Commissioner Segal inquired if the vendor had business interruption insurance. The beach would include some extra cost of doing business and nature would be hard for the City to absorb the costs. It would be setting a precedent for future hazards of nature. Mayor Hay inquired if there had been similar requests in the past. Mr. Majors commented he was the first vendor to provide this type of service at the beach. It is not covered in the original agreement or subsequent renewal. Commissioner Holzman questioned if time was of the essence requiring a decision immediately. He suggested the matter be continued until further information can be obtained relating to Commissioner Segal's concerns. Ms. LaVerriere confirmed it was the first cabana business that had come to the City. There was relief granted to the beach concessionaire while the capital improvements were ongoing. Vice Mayor McCray wondered why the vendor was not present to answer any questions. Mr. Majors responded he had invited the vendor, but he was not present. No reason was given for his absence. Vice Mayor McCray contended if the vendor wanted changes to the contract, he should show up in good faith and make his request. Motion Vice Mayor McCray moved to table. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 B. PROPOSED RESOLUTION NO. R13 -006 - Approve and authorize execution of Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Isaac between the City of Boynton Beach and State of Florida, Division of Emergency Management C. PROPOSED RESOLUTION NO. R13 -007 - Approve a Consultant Agreement between Management Learning Laboratories of Winston - Salem, NC and the City of Boynton Beach for "A Needs Assessment Study for the Recreation and Parks Department "; RFP No. 016 - 2710- 13 /JMA for an amount not to exceed $19,500. D. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the three (3) month period ended December 31, 2012. E. PROPOSED RESOLUTION NO. R13 -008 - Approve and authorize execution of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation (Mutual Aid) Agreement. F. Approve a one year renewal of the "piggyback" of the City of Pompano Beach Bid H -12 -11 awarded to Nalco Company (Nalco) with the same terms, conditions, specifications and pricing. The renewal term is from March 9, 2013 to March 8, 2014. This contract will be used to purchase anti- scalant (PC- 1850T) for the removal of solids at the West Water Treatment Plant (WWTP) on an "AS NEEDED BASIS ". The annual expenditure is estimated at $50,000. G. PROPOSED RESOLUTION NO. R13 -009 - Approve the Interlocal Agreement between Palm Beach County and the City of Boynton Beach in order to correct the previous agreement's language inconsistencies and to maintain our existing Internet connectivity. H. PROPOSED RESOLUTION NO. R13 -010 - Approve establishing guidelines for a Short Sale Policy for the City's First Time Homebuyer Assistance Program. Commissioner Holzman asked Attorney Cherof to discuss both items H and I and how they would affect the City. Attorney Cherof explained Item H would establish a short sale policy related to the Homeowners Assistance Program. The CRA had already dealt with a policy although not formalized. Attorney Cherof felt the Commission should review the policy to ensure it meets the Commission's expectation at the time an application for a short sale approval would arise. Item I was the first settlement the Commission would have to consider. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Commissioner Holzman asked if the policy submitted mirrored or was similar to the CRA policy and the documentation required. Attorney Cherof reported the CRA's unwritten policy had been developed after several requests for their Board to consider short sales. They established there was a request for very substantial documentation to justify a financial hardship. It is not; however, part of this policy before the Commission. Octavia Sherrod, Community Development Manager, indicated her office had drafted the policy. Her office pooled other cities and reviewed their short sale policy and followed what Palm Beach County Housing and Community Development had done. Recently there had been an increase in the request for short sales. Approval of a short sale had never been given. In fact, the City did not want to grant the requests, but they have become a necessary evil. Documentation was required including all the documents given to the bank The closing statements and settlement sheets also have to be submitted to discover the reasons for the short sale. Being upside down on the house mortgage and value was not considered a legitimate reason for a short sale. With the economic downturn, there are many reasons for financial distress and requests for short sale. If there is a foreclosure, the City would recover nothing. It was felt it would be best to establish a formal policy for short sale. Commissioner Holzman did not see in the agreement the requirement for financial documentation and financial feasibility. Attorney Cherof suggested the added language be, "The owner of the property must provide proof of hardship that must include itemization of finances, bank statements, proof of income, tax returns, 1 mortgage information and property information with any request for a short sale." This would track the process adopted by the CRA. It gives staff formal language to bolster their informal process as described and would complete the policy. Ms. Sherrod added the City would be the second lien holder and the required documentation is also required by the first mortgage holder. It is a cumbersome task and they provide the information to the first lien holder with copies to the City. It is not in the files because the information is supplied to the lender. Ultimately if the lender does not approve the short sale, then the City cannot approve the short sale. Ms. Sherrod was in agreement with the City Attorney. Ms. LaVerriere noted staff would formalize the requirements and there would be no harm in repeating it in the City's policy. Ms. Sherrod reiterated the City would want all the documents provided to the first mortgage holder. Attorney Cherof suggested the policy be adopted with the addition of the language previously proposed. Motion Commissioner Holzman moved to approve, with the added language as stated by Attorney Cherof. Vice Mayor McCray seconded the motion. 13 Meeting Minutes Regular City Commission Boynton Beach, FL Vote February 5, 2013 The motion passed unanimously. I. PROPOSED RESOLUTION NO. R13 -011 - Accept the offer of $4,000 as settlement of the City's 2nd Mortgage that exists on this property as a result of the proposed short sale for Shannon Skiba of 293 Meadows Drive, Boynton Beach, Florida, 33426, in the amount of $72,000 as outlined in the short sale approval letter from Select Portfolio Servicing, Inc. (SPS), the 1st Mortgage Holder. Ms. Sherrod verified that in addition to the other review of staff they saw the information that the policy now requires. They had a lot of documentation and had scaled down what was submitted for the review. She could not say at this time, that every line item from the added list had been submitted. Staff was comfortable with the information provided. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. J. Approve the appointment of Carisse LeJeune to the position of Assistant City Manager effective February 5, 2013. Vice Mayor McCray felt this matter should have been done at the same time the City Manager was approved. He realized the matter had to be brought before the Commission by staff. He was in favor of the request. Mayor Hay announced he would allow audience participation. Herb Suss, 1711 Woodfern Drive, remarked the appointment was long overdue after what she has done for the City involving the green initiatives and hoped to see a unanimous vote. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Commissioner Segal concurred with the remarks. He had known Ms. LeJeune since 2000 and she is terrific and compliments the team in place now. 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Mayor Hay added he turns to Ms. LeJeune for answers to the tough questions and she gets answers. She has been and will be an asset to the City of Boynton Beach. He had the utmost trust, love and respect for Ms. LeJeune. Vote The motion passed unanimously. K. Approve the reclassification of the Assistant to the City Manager to a Communications Manager. Commissioner Holzman wanted information for the public with regards to the plan for the reclassification. Ms. LaVerriere summarized the Assistant to the City Manager had been vacant for a year and a half. All the organizational changes done throughout the City have been based on how the City does business. Ms. LaVerriere was requesting the position not be eliminated, but restructured to a lower grade and pay scale as a communications manager. Assistance is needed with marketing, communications, press releases, speech writing, civic outreach, volunteerism, advisory board review and other responsibilities. Commissioner Taylor commented he had attended the staff presentation to the residents of Hunter's Run and at the FAM tour and the lack of communication was an issue that arose. It could not be timelier to have someone responsible to get the word to all residents about what is going on in Boynton. He fully supported the change as did Mayor Hay. Commissioner Segal hoped the position would be given the resources needed to get the word out. Motion Commissioner Holzman moved to approve. Commissioner Segal seconded the motion. Vote The motion passed unanimously. L. PROPOSED RESOLUTION NO. R13 -012 - Authorize the execution of the Agreements for Purchase and Sale of Real Property for the acquisition by the City of 118 -120 and 124 -126 NW 10th Avenue M. PROPOSED RESOLUTION NO. R13 -013 - Approve an agreement with ADAAG Consulting Services, LLC of Miami, FL for "ADA CONSULTANT SERVICES" in the amount of $51,620 as a result of RFQ #074 - 2510- 12 /JMA. 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 In addition, staff is requesting a 10% contingency amount of $5,162 for unforeseen items in connection with this agreement as subsequent support with ADA compliance regulations for a total expenditure not to exceed $56,782. N. Accept the resignation of Marianne Lentini - Bernaducci, a regular member of the Recreation and Parks Board O. Approve the minutes from the Regular City Commission meeting held on January 15, 2013 P. Accept the resignation of John Sparrell, a regular member of the Financial Advisory Committee Commissioner Holzman pointed out this was another resignation from the Financial Advisory Committee that works well when it is a full board. It has been more than a year and half since there was a full board. It is an important board when it can be useful. He did not want to waste staff time or volunteer time. It should not be disbanded, simply put on hold until two- thirds of a full board could be in place. Mayor Hay suggested the Committee may need to be streamlined and the rules for a quorum be modified. There should be some discussion through the City Manager and possibly restructure the Committee. Attorney Cherof pointed out the agenda item relates only to the acceptance of a resignation and not the issue of the restructuring or reconfiguration of the Board. Ms. LaVerriere offered it should be placed under Future Agenda. Motion Vice Mayor McCray moved to approve. Commissioner Holzman seconded the motion. Vote The motion passed unanimously. Q. Accept the resignation of Mark Karageorge, an alternate member of the Special Events Ad Hoc Committee 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one year extension for the "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA ", Bid No. 026- 2821- 12 /JMA with Brenntag Mid -South Inc. of Orlando, FL. Estimated annual expenditure is $130,000 and the product will be ordered on an "As Needed" basis. This is the first of two (2) one -year extensions as provided in the bid documents. The bid extension is from March 2, 2013 to March 1, 2014 16 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING None 10. CITY MANAGER'S REPORT A. Hear presentation from Police Department on Citywide Crime Statistics Vice Mayor McCray had requested a report on the City -wide statistics rather than singling out one area or development because the City was doing very well. He also interjected a recent incident required Fire Station #1 also. Chief Immler presented the index crimes statistics for 2012 with 2011 figures for comparison and how they were broken down by homicide, sexual offenses, robberies, burglaries and larcenies. There is a 12% reduction in overall crime with the figure for 2012 of 3,912. In 2004, there was over 6,000. The statistics have trended downward to the lowest it has ever been in Boynton Beach. The biggest crime remains shoplifting, one of the crimes that police have very little effect on. The biggest decline was in assaults. Commissioner Holzman inquired if there was anything that could be attributed to the reduction in the crimes in Boynton Beach. Chief Immler pointed out nationally crime was trending downward. The main reason is the age demographics. The Baby Boomers are aging out of the crime producing years. There is a new generation with its fair share of criminals and crime will eventually trend upwards again. Boynton Beach Police Department is an intelligence based deployment. Years ago the technique was community policing and the Boynton United group was a prime example, it engages the communities. Using intelligence wisely from the officers, neighborhoods and crime stats, a weekly review places the officers in the areas needed before the crimes are committed. It has been effective. 17 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 The City has been divided into three districts, northeast as one, northwest is district two and the south is district three. It is an attempt to even out the workload. A Lieutenant is assigned to each district with geographic responsibility as opposed to temporal responsibility which is the typical organization. The shift commanders are now the Sergeants. The Lieutenants are more familiar with the needs of the district and the various neighborhoods within the district to address their issues. He explained in the northeast district there was a 203 crime reduction. In the northwest there was a 259 crime reduction and in the southern district there was a 57 crime reduction. Everywhere crime is down. One of the successes was the reduction in residential burglaries. There was a huge problem last year and by partnering with the Sheriffs office, Boca and Delray it was determined crews come in from Ft. Lauderdale or Miami Dade and hit close to 1 -95 throughout Palm Beach County. Boca was getting hit the most and a strategy was developed on how the crews were working using rental car companies. The officers have been successful in catching the offenders and reducing the residential burglaries. Chief Immler explained the Community Action Teams (CAT) activities are the overlay with the patrol force as the backbone. The CATs work on hot spots, identify problems and they attack the specific problem. Major Frank Briganti advised information is received from community statistics, district commanders, community concern cards and social media access to report crimes and activities. In 2012, CAT conducted 144 investigations resulting in 31 search warrants, 227 arrests, 147 community projects and 138 district assists. Some of their major cases included a joint investigation with the Drug Enforcement Agency targeting heroine distribution City- wide. It concluded with five search warrants and the seizure of nine firearms, four vehicles and $87,000. There were 15 federal indictments of Boynton Beach residents for distributing heroine. Another venture was a month long, saturation patrol in the northeast district that identified members of the Young Paper Chaser gang that has been responsible for many acts of violence that has been experienced. Criminal intelligence was gained that led to several narcotics search warrants and drug seizures. Acting on information from citizens, capping a three -month investigation in the 600 block of NE 2 Street, concluded with the execution of three search warrants and 45 sale of cocaine charges against 12 offenders. In cooperation with road patrol, CAT identified several merchants selling the bath salts and synthetic marijuana. It put the department ahead of the curve for the legislation passed in December. The project is continuing and further action can be taken based on the new laws. 18 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 CAT, along with the Detective Bureau, developed information regarding a juvenile prostitution ring and ended in a reverse "John" operation through the special victims unit. It resulted in several potential "Johns" arrested attempting to meet juvenile prostitutes. CAT also conducted "Operation Orange Crush" with the execution of four search warrants with numerous arrests and gathered valuable intelligence regarding illegal operations in Boynton Beach such as narcotic sales and prostitution of juveniles. Lastly, the holiday deployment was extremely successful. There was only one robbery reported and ultimately was unfounded. Vice Mayor McCray thanked the Chief and Major for the report. He hoped the media would receive the information and report crime in Boynton is not as bad as most people thought. He noted the Police Department was being friendlier based on personal experience. Mayor Hay appreciated the information and was glad to see the crime rates decreasing. To continue the downward trend, Mayor Hay felt it would take a marriage between the community and the Police Department. Many people can give needed information, but there is a fear of retaliation from the perpetrators. He asked what was being done to alleviate the issue. Chief Immler noted it has always been a problem. The saturation approach, as was done in the northeast district, flooded the area with 12 to 15 extra officers to alleviate the fears and build confidence in the Police Department's ability to protect the residents. The problem has been getting individuals to testify and give the State Attorney the information needed to prosecute the people. Witness protection programs are available and have been utilized. The CAT operations seem to be the best solution to net multi- arrest operations. Chief Immler recalled there was a recent operation with the Drug Enforcement Agency and other area departments hitting six locations in the northeast area, at the same time. Residents see the action and applaud the efforts. Mayor Hay indicated that all the recent proposed gun legislation does not seem to be a high priority for the legislators and asked Chief Immler for his thoughts on the subject. Chief Immler remarked any type of catastrophic event makes legislators want to get involved and do something. They hope the laws they enact can prevent a recurrence of such disasters As police officers they try not to get involved in the debate. They would use whatever laws are enacted and enforce them. Florida law favors allowing criminals out on bail or on their own recognizance until proven guilty. However, there are not sufficient resources to supervise offenders released back into the community. Vice Mayor McCray inquired how long the witness protection program would last. Chief Immler replied it could last forever. Commissioner Taylor thought crime had dropped in Boynton Beach because the department is very proactive in seeking out crimes. The 19 Meeting Minutes Regular City Commission Boynton Beach, FL police usually do apprehend the offenders. Commissioner Taylor did relate he had gotten calls from residents in the area from Boynton Beach Boulevard to Woolbright and west of Seacrest concerned with open drug dealing, theft and fear after dark. Chief Immler reported it was the Forest Park area and the department had been to several homeowner association meetings trying to educate the residents on how to safeguard their homes. Crime has gone down in the area. 11. UNFINISHED BUSINESS A. Authorize the Mayor and City Attorney to negotiate an employment contract with City Manager, Lori LaVerriere Mayor Hay stressed Ms. LaVerriere had been acting as the City Manager for a year and a half and it would behoove the City to get a contract with her and bring it back to the Commission for approval. Motion Commissioner Taylor so moved. Vice Mayor McCray seconded the motion. Commissioner Holzman asked if the same approach would be taken as was done with the Executive Director of the Community Redevelopment Agency. Attorney Cherof agreed that any of the business points would be up to the Commission to determine. He would review the legal content and provide comments on the structures or issues he has seen in other municipalities. Any business points would have to be decided by the Commission. Vote The motion passed unanimously. B. Review follow -up actions addressing traffic conditions along Old Dixie Highway and provide direction to staff regarding any future traffic mitigation measures desired. Jeff Livergood, Director of Public Works and Engineering, advised there had been a meeting with the residents to address the traffic conditions. Truck traffic was the main concern. Several options were given to the Commission for consideration. The developer took all the truck traffic and moved it over to Federal Highway and closed off and fenced off all access to Old Dixie Highway and eliminated all the truck concerns. The traffic volume is what was expected with the addition of WalMart and speeding conditions are not inconsistent with other streets throughout the City. It is the recommendation of staff that there is no need for additional action. 20 February 5, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Commissioner Holzman commended Mr. Lococo of Seabourn Cove for taking action, but questioned if WalMart was contacted. Mr. Livergood reported that staff observations were the truck traffic from WalMart is reduced. It is not eliminated completely. The residents acknowledge that the truck traffic from WalMart has decreased. The Manager of WalMart lives in the neighborhood. Signs have been posted on Old Dixie north of the WalMart restricting the trucks on the roadway. Commissioner Holzman asked if there were any other measures that could be taken to deter the truck traffic from WalMart going down the street. Mr. Livergood thought working with the Police Department to be present to deter speeding and truck traffic would be beneficial. Several warnings would be sufficient. Eliminating all trucks will never be possible. Mayor Hay asked if there were any other complaints received and Mr. Livergood indicated there were none other than what was discussed at the meetings and those referenced in the staff report. Commissioner Taylor understood the residents were very pleased with the efforts of Seabourn Cove, WalMart and the Police Department to ease the situation Mayor Hay opened the issue for public comment. Mike Fitzpatrick, 175 SW 2 Street, commented WalMart and Seabourn Cove are tax paying entities of Boynton Beach. He did not understand why the residents were referred to as residents because the Wall Street enclave is a County pocket of long standing choice for decades. Their proper venue for complaint is therefore the County Commission. Mr. Fitzpatrick was glad to see that City taxpayer dollars were not being spent to mitigate any of their issues. If those people want City of Boynton Beach tax dollars they should first be citizens of Boynton Beach. He noted the engineering study shows Old Dixie Highway is under utilized and even with the increase in traffic it remains under utilized. Commissioner Taylor recalled the City had offered to the residents to annex into the City and the residents turned the offer down. C. PROPOSED RESOLUTION NO. R13 -014 - Review and approval of Development Agreement for Old High School Project. Attorney Cherof distributed the developer agreement draft before it was signed. There was discussion at the last meeting dealing with the amount of funds the City would provide as incentive dollars for permit fees, development fees and related items. It is addressed as $60,000 for incentives and a process for drawing down that $60,000 by the developer, as the project goes forward. The language is clear that once the $60,000 is exhausted the developer remains responsible for any remaining fees and assessments arising from development, but there is the opportunity to make application 21 Meeting Minutes Regular City Commission Boynton Beach, FL in the coming fiscal year for additional incentives from the City or Community Redevelopment Agency. Mayor Hay asked if any money would be tendered for the permits and fees. Attorney Cherof explained the $60,000 would be allocated into a City project account. When the developer would have to pay a fee, he makes application through staff and the funds for that fee are transferred from the development account and paid to City as any other development would do. Commissioner Holzman summarized the City was actually paying itself. He asked if the developer had seen the final draft. Attorney Cherof advised the highlighted points had been reviewed by phone and several revisions were received late yesterday from Mr. Contin's attorney and from staff. There may be a word here or there that Mr. Contin's attorney has not had the opportunity to review. If the Commission approves, it still has to be approved by his attorney. The conference involved Attorney Cherof, City Manager, Nancy Byrne, Mr. Contin and Lisa Heron, his attorney. Ms. LaVerriere advised all the changes were reviewed and she felt the agreement was ready. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Commissioner Taylor had met with Mr. Contin and explained his position on the project. He indicated if Mr. Contin came in with the money required to redo the Old High School he would support them 100 %. He also explained he felt the City had given the building and all the land surrounding it and that was adequate for the City to do. Commissioner Taylor was not willing to put any more taxpayer dollars towards the project. Any developer that had the ability to do such a project, should be able to finance the project. Mr. Contin is a very good architect. He is not a developer. Commissioner Taylor would be surprised if the cost was not closer to $6.5 million and Mr. Contin had agreed. If the finance cannot be arranged, Commissioner Taylor asserted the City owns the land and he would be willing to build a new City Hall on the land using the facade of the Old High School. This would appease a lot of people who want to retain the history of the building. However, he would not support the agreement because if there was another $60,000 for this project, it should be put aside for a new Police Department and new City Hall that should take priority. The assertion had been the project would not cost the taxpayers a dime and now the City has given away the land, building and Mr. Contin is now requesting dollars. He could not support the request. Mayor Hay allowed public comment 22 February 5, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 Herb Suss, 1711 Woodfern Drive, had second thoughts on the issue. He did support the project, but he felt there was something not right about the project and it should not be done. A new Police station is needed. The gentleman is an architect and not a developer and the Commission should table the matter. There is too much involved. Mayor Hay asked if avenues remain to withdraw from the agreement if the necessary documentation and financing is not provided. Attorney Cherof agreed there were a number of contingencies that have to occur. The City has exit strategies and the developer has exit strategies. The matter would not be over until sometime in June or July. The proper financing is the primary condition of the approval. Vote The motion passed 3 -2 (Commissioners Taylor and Segal dissenting). 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -001 - SECOND READING - PUBLIC HEARING - Approve the historic designation application for the Boynton High School located at 125 East Ocean Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 13 -001 by title only on second reading. Motion Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion. Mayor Hay opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Segal dissenting). B. PROPOSED ORDINANCE NO. 13 -002 - SECOND READING - PUBLIC HEARING - Amending Sections 17 and 139 of the Charter consistent with Commission direction Attorney Cherof read Proposed Ordinance No. 13 -002 by title only on second reading. He pointed out two provisions that should be included as amendments to any motion 23 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 made. First, is the language for the explanation that would appear on the referendum ballot itself. It was altered based on suggestions from the interpreter for publication and City staff members. The other provision adds clarification language that if adopted in March, 2013 it would be first implemented for the March, 2014 election. Mayor Hay opened the issue for public hearing No one came forward Motion Commissioner Taylor moved to approve as amended. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Holzman dissenting). C. PROPOSED ORDINANCE NO. 13 -003 - FIRST READING - Appointing CRA Board Member to replace James Buchanan whose term has expired. Attorney Cherof read Proposed Ordinance No. 13 -003 by title only on first reading. He noted the name would have to be filled in of who would serve for the two -year term. Commissioner Taylor wanted to reappoint James Buchanan if he was willing to serve again. Vice Mayor McCray seconded the motion. Commissioner Holzman felt Mr. Buchanan had done a fabulous job and would be honored to have him. However, there has been no publication or notification to the community that there was an opening. It might be imperative to publicize the fact to see if there are any other individuals who would like to serve on the Board. There are only two members from the citizenry at this point and it is important that there is continued information and input from the citizens within the CRA. All individuals who live in the CRA district should be notified there is an opening and could apply. Mayor Hay felt Mr. Buchanan had served the CRA well, is experienced and we can proceed with the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Holzman dissenting). 14. FUTURE AGENDA ITEMS 24 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2013 A. Announcement of the 2013 South Florida Police K9 Competition to be held on Saturday, March 2, 2013 at the Boynton Beach High School from 10:00 a.m. - 6:00 p.m. Admission is Free to the Public. No pets allowed. B. Utilities CIP update on current projects - 02/19/13 C. Schedule Closed Door Session to discuss pension as it relates to collective bargaining - TBD D. Proclaim March 2013 as Myeoloma Month - 03/05/13 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 no further business to come before the Commission, Mayor Hay adjourned the meeting at 9:05 p.m. (Continued on next page) 25 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: 7 J ith A. Pyle, CMC Deputy City Clerk t M. Prainito, MMC Clerk CITY OF BOYNTON BEACH Woodrow Wayne'egal, Co r issioner 26 Vic -' ayor February 5, 2013 n, Com issioner