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Minutes 06-04-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 4, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. CaII to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay Mayor Taylor called the meeting to order at 6:30 p.m. Commissioner Merker gave an invocation recalling the historic passing of the 19 amendment to the U.S. Constitution in 1920 giving women the right to vote. Vice Mayor Hay led the Pledge of Allegiance to the Flag D Brand Promise Statement Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk The Brand Promise Statement was read "It is time to take a look at Boynton Beach, a creative haven embracing artists, writers, entrepreneurs and dreamers." Commissioner Casello requested adding an item to the Future Agenda Items to discuss the renaming of Ocean Park to Dewey's Park. It had been renamed in 2012 from Veterans Park to Ocean Avenue Park It was added as Item 14 E Motion E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Hay moved to approve the agenda as amended Commissioner Fitzpatrick seconded the motion I Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission The memorial service at the Boynton Memorial Park was the main event Commissioner Fitzpatrick had attended and he remarked it was a very moving experience. Vice Mayor Hay had attended the installation luncheon for the Palm Beach League of Cities, Memorial Day observance held at the Cemetery recognizing the veterans and the 8 Annual Forgotten Soldiers Outreach program. He had read the book, Beautiful Blackbird, to preschoolers at the Treasure Chest Pre - School. The Commission also had a successful workshop that was very informative. He commended Eleanor Krusell, Communications Manager, who was responsible for the City's utilization of social media sites to keep the residents informed using the latest technology. Commissioner Merker commented the citizens, as well as the Commission, had to work together to keep each other informed Working together, even though there may be disagreements, eventually leads to consensus. Commissioner Casello had also attended the League of Cities Gala and installation that included Vice Mayor Hay being placed on the Board of Directors. All of the Commission had attended the two -day Strategic Leadership meeting that included brainstorming on the City's future. The entire Commission was present at the Memorial Day services at the Cemetery that was very well attended and very moving. The Chamber of Commerce had a successful golf fundraiser at the Indian Springs Country Club to raise funds for the Chamber. Mayor Taylor added he had attended the Memorial Day services for many years and he was very proud the entire Commission was present this year. It was recognized and noted by the veterans. Mayor Taylor returned to Agenda Approval and noted an ordinance relating to the red light cameras had to be added under Legal as Item 13. H, because it is time sensitive. Commissioner Merker wanted to discuss in the future about having additional workshop sessions Mayor Taylor advised the discussion could be added under Future Agenda Items. 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS None 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) Mack McCray, 806 NW 4 Street, thanked the Sun - Sentinel reporter for a recent article relating to Boynton Beach It was a job well done Steve Waldman, 41 Sausalito Drive, Jeanne Heavilin, 734 NE 9 Avenue and Kelsie Kershaw, 1039 Coral Drive, presented a request to assist with the cost to send Kelsie Kershaw as a student representative to the International Conference of Sister Cities being held in San Antonio, Texas. The event includes a Youth Leadership Summit. It would be a mock UN council meeting. Ms Kershaw had volunteered to attend. She introduced herself and outlined her various community involvement activities in the City and County. Ms. Heavilin, from Sister Cities, advised the organization was thrilled to have a student participate representing the City and to learn about global issues. Sister Cities and Education and Youth Advisory Board were partnering to sponsor Ms. Kershaw's attendance and were requesting the City participate as well. The expenses were approximately $1,000 for registration, hotel and airfare with each organization and Ms. Kershaw paying $250. Mayor Taylor developed that Sister Cities would be sponsoring the youth's attendance including chaperoning. Ms. Heavilin would also be attending the event and she invited any of the Commissioners to also attend. Mayor Taylor agreed to donate the $250 from his campaign account, to Sister Cities, a 501(c)(3) organization. Mr. Waldman, Chair of the Education and Youth Advisory Board, affirmed Ms. Kershaw was an outstanding student and would do a marvelous job representing the City of Boynton Beach. He thanked the Commission for their courtesy. Robert Lawrence, 1907 SW 22 Way, in Boynton Beach Leisureville, noted his comments and recommendations would be a summation of the residents' concerns. There has been an increase primarily in burglaries with a couple of assaults on residents There were 45 reported incidents in 2012. Through the first quarter of 2013 there have been 14 reported incidents Three recent break -ins were on 22 Way and there have been a total of 7 burglaries on the same street over the past five years There are several access roads for the community creating a large amount of through traffic issues A ficus hedge runs along the perimeter, but due to disease, age and 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 accidents, has become porous allowing foot traffic to enter and exit the development easily. The thieves appear to have a foot patrol that scouts out possible target homes and then calls in a car to assist in the actual burglary and carry off the stolen goods. There are 892 homes in the 55+ community and safety is a major concern even with the COP (Citizens On Patrol) program. The community requested regular police patrols consistent with Palm Beach Leisureville; limiting access by closing SW 22 Street at 18 Street, Campanelli Boulevard at 23 Avenue, 22 Way and 18 Street on Woolbright; install speed bumps on 18 Street and 19 Avenue and install protective fencing behind the hedge along the perimeter. The break ins generally occur during the daylight hours at homes that are vacant Mr Lawrence speculated that eventually one of the dwellings will be occupied and someone will get injured Mayor Taylor inquired if the COP volunteers patrolled day and night and Mr Lawrence responded they did until 10 p.m. Mayor Taylor thanked Mr. Lawrence for his report and the situation would be reviewed for future support and control. Mayor Taylor did caution that roads blocked off would become private roads and the maintenance would be the community's responsibility that can be expensive. Mr. Lawrence pointed out 18 is a City -owned street. The other suggested closings are on streets that are privately owned currently Commissioner Merker offered to attend any meetings with any necessary officials to assist in resolving the issues. Mr. Lawrence stressed there was excellent support from the liaison Police Officers Rita Swan and Rachael Lloyd, but additional help is needed. Dr. Piotr Blass, 113 West Tara Lakes Drive, commended Chief Immler and noted he would be missed. Dr. Blass remarked he had been profoundly defamed and slandered by the Palm Beach Post newspaper He would be filing a defamation lawsuit. Dr. Blass agreed with the suggestion to have televised meetings to provide total transparency of what happens at the meetings and would be very helpful. The press had noted his heavy accent, religious persuasion, and his home address so he could be easily found. He continued to feel safe in the City of Boynton Beach. Steve Zech, 1405 SW 22 " Way, offered his perspective on the speed bumps in Leisureville. He had noted on 18 it was a thoroughfare and has become a shortcut with vehicles travelling at excessive speed Speed bumps seemed reasonable along 18 Street He hoped the request relating to the hedge would be undertaken because the apartment complex across the street got noisy at night with a lot of activity. Anything to mitigate that issue would be helpful. Campanelli Drive has become another shortcut to avoid the Woolbright intersection and speed bumps could be a solution rather than closing the access. 4 Meeting Minutes Regular City Commission Boynton Beach, FL Vice Mayor Hay stressed speed bumps are very difficult for emergency vehicles to negotiate and timely respond to emergencies. There does need to be a balance of speed and safety issues. Mr. Zech felt there could be other alternatives to slow the traffic Jan Garside, 1902 SW 17 Avenue, pointed out that 22 Street from Woolbright to 19 Avenue to Congress is a route taken to avoid the intersection at Woolbright and Congress Residents have been concerned with crossing the streets because of the traffic speeds. She felt it was a major issue and suggested table bumps be utilized that would slow down the traffic. Commissioner Fitzpatrick recalled over 22 years as a paramedic he had made over 5,000 calls to Leisureville. Speed bumps become a problem getting to the calls and transporting to the hospital. Every speed bump generates significant pain for the patient. Campanelli Drive is the short cut to Bethesda Hospital and in emergency situations every second counts. With regard to the hedge, Commissioner Fitzpatrick thought since the hedge was on private property it would be the community's issue rather than the City. Diane Lawrence, 1907 SW 22 Way, had approached the Board of Directors for Leisureville who indicated the hedge was City property. She suggested graded speed bumps could be used and ambulances could traverse those. Mayor Taylor informed everyone that Commissioner Fitzpatrick had served for over 20 years as a paramedic for the City of Boynton Beach. No one else coming forward, Mayor Taylor 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: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 3 regulars and 2 alternates Code Compliance Board: 1 regular and 2 alternates Community Relations Board 1 alternate Education & Youth Advisory Board 1 alternate Financial Advisory Committee: 1 regular and 2 alternates Golf Course Advisory Committee 1 regular Historic Resource Preservation Board 2 regulars and 1 alternate Library Board: 1 regular and 1 alternate Recreation and Parks Board: 1 regular and 2 alternates Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee 1 regular and 1 alternate 5 June 4, 2013 Meeting Minutes Regular City Commission Boynton Beach, FL The following action was taken on appointments with applicants: June 4, 2013 Commissioner Merker and Mayor Taylor and Vice Mayor Hay tabled their appointments for the Arts Commission. Commissioner Casello tabled his regular appointment to the Code Compliance Board. Motion Commissioner Merker appointed Dr. Ginger Pedersen to the Historic Resource Preservation Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay appointed Jason Shaffer as a regular member of the Historic Resource Preservation Board. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously 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 Commissioner Fitzpatrick pulled Item 6.B for corrections. Motion Vice Mayor Hay moved to approve the Consent Agenda with the exception of Item B. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Motion A PROPOSED RESOLUTION NO. R13 -045 - Authorize and direct execution of an eleventh amendment to the Site Lease and Joint Use Agreement between the City, Palm Beach County, and New Cingular Wireless PCS, LLC (fka AT &T Wireless) to allow antenna modifications and to update the tower schematics exhibit of the lease for the telecommunications tower at the Rolling Green Municipal Complex (515 NW 14th Court). B. Approve the minutes from the Regular City Commission meeting held on May 21, 2013 Commissioner Fitzpatrick noted on Page 4, it should read, 200 CRAs rather than 400 CRAs. On page 19 it should read that Commissioner Fitzpatrick had met with Mr. Contin in the Planning and Development offices. On the same page it should read, the walkway and grass west of the museum, rather than east of the museum. On page 20, there was a typographical error with Commissioner Casello and "soul" responsibility should be "sole" responsibility. Vice Mayor Hay moved to approve Item 6.B with the corrections. Commissioner Casello seconded the motion. Vote The motion passed unanimously. C. Authorize the City Manager or City Manager's designee to apply for and execute agreements and documents on behalf of the City of Boynton Beach associated with the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for the Utilities Department's project known as North and South Roads Stormwater Improvements. D. PROPOSED RESOLUTION NO. R13 -046 - Approve Waiver of Right of First Refusal for The Estate of Myrtle Lee Marshall of 309 N.W. 11th Avenue, Boynton Beach, Florida, 33435. E. Accept the resignation of Dana Rushing, as a regular member of the Community Relations Board 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS Meeting Minutes Regular City Commission Boynton Beach, FL Motion Motion 8 June 4, 2013 A Approve the settlement of the public records lawsuits filed by Joel Edward Chandler and Robert Scott Chandler Commissioner Casello moved to approve. Commissioner Fitzpatrick seconded the motion 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. A PROPOSED ORDINANCE NO. 13 -014 - FIRST READING - Approve The Boynton High School Commercial Center (LUAR 13 -002) reclassifying subject property from Public and Private Governmental /Institutional (PPGI) to Mixed Use (MX); and Attorney Cherof read Proposed Ordinance No. 13 -014 by title only, on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). PROPOSED ORDINANCE NO 13 -015 - FIRST READING - Approve The Boynton High School Commercial Center (LUAR 13 -002) rezoning subject property from Public Usage (PU) to Mixed Use Low Intensity 1 (MU -L1), consisting of a site plan for the adaptive reuse of the old school building including two (2), two- (2) story additions totaling 6,300 square feet and related site improvements. Applicant: City- initiated Attorney Cherof read Proposed Ordinance No. 13 -015 by title only, on first reading. Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion Commissioner Casello inquired if the land use would change, if the item was approved, whether the project continued or not. Attorney Cherof replied that would be true, if the request is approved after second reading in two weeks. Commissioner Fitzpatrick questioned if the plans go through and someone else has ownership the change would be permanent. If the project failed and the City retained ownership, the original zoning could be reinstated Attorney Cherof responded the use could be changed if the City retained ownership. The request is City - initiated. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). 10. CITY MANAGER'S REPORT A. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the seven (7) month period ended April 30, 2013. Ms LaVerriere indicated the item was the standard monthly report Motion Commissioner Fitzpatrick moved to accept the report. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS A. Receive a report reviewing the background, updating the current status and requesting consideration of a No -Build Easement for the Old High School project. Ms LaVerriere recalled the matter had been continued from the last meeting and Attorney Cherof had prepared an actual easement document. Attorney Cherof advised he had sent an email with a drawing of the property depicting the easement and reflecting the sidewalk area. A map had just been received by staff and it was being analyzed. Some preliminary comments were given, but it is anticipated there would be more comments. The portion under review is the upper portion. The 9 Meeting Minutes Regular City Commission Boynton Beach, FL Mayor Taylor was not in favor of the no -build easement June 4, 2013 original no -build easement is the same as previously submitted and could be disposed of at this time. Vice Mayor Hay surmised the granting of the no -build easement would allow the developer to move forward with the interests of the City still protected. The City could abandon the easement if there was a desire for a structure in the easement area. It would impact the timeline if not granted. He would support the request at this time. Mayor Taylor felt the proposed plans would block off the Children's Schoolhouse Museum. The Museum was told it could not build to the west and yet the Old High School developer is being permitted to build to the east. There was confusion about the easement area between the two structures. Nancy Byrne, Director of Development, and Andrew Mack, Building Official and City Engineer, clarified there is 10 feet on the developer's side to his property line and then a 20 -foot no -build easement on the City's property. The new property line would include a 20 -foot easement to the east of the new addition. Commissioner Casello asked about the western gazebo in front of the Museum and Mr. Mack responded it would be removed at the developer's expense Commissioner Merker did not see the project would be for the betterment of the City of Boynton Beach and he would not support the request. Commissioner Fitzpatrick had spoken with the developer who explained the easement would allow for a glass wall There has to be a 30 -foot separation to contain a radiant heat problem if there was a fire inside the glass. He did not have a problem with the easement in lieu of a firewall, basically, but he did not agree with the previous agreement to give the developer the walkway area. Instead of easements back and forth, he suggested the walkway land remain as property of the City. It is correct to the east is an open 30 feet, but the corner of the glass addition closest to the Museum would be 13 feet at an angle. The walkway could still be used and it would look eclectic. Mayor Taylor noted the change would involve a modification of the site plan and the project would be delayed to start over. Commissioner Fitzpatrick had indicated to the developer he would not vote for the request unless there was a letter of understanding submitted. The developer did advise it would take a couple months for a survey to get the easements straight and it would all be done before any permits were pulled. Commissioner Fitzpatrick contended there was a letter of understanding that the land would be returned to the City. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Attorney Cherof pointed out there had been representations to that effect; however, no legal, binding document had been submitted and there was nothing in the approved development agreement or agreement to convey the property that addressed the issue. There would have to be modifications made and clarification before it would be binding. Commissioner Merker remarked it was a slightly different issue, but was more confusion on the part of the developer. There were too many questions and it would be better to start over again. Mayor Taylor cautioned there is a July deadline and he felt the developer could not address Commissioner Fitzpatrick's concerns in that timeframe. Commissioner Casello inquired who would be responsible for the maintenance of the easements as suggested. Attorney Cherof replied, under the terms of the current agreements, the sidewalk would be the developer's property and his responsibility to maintain. Attorney Cherof noted it is referred to as a condition of approval in the site plan to be brought before the Commission at the next meeting. Commissioner Merker heard questions from the tone of Attorney Cherof's remarks and reiterated a vote should not be taken if questions remain unanswered. Ms Byrne advised the site plan had been before the Planning and Development Board and would be brought before the Commission at the next meeting, so the site plan and second reading of the land use and rezoning can coincide. The easement area that the City would be giving to the developer was the current issue before the Commission. Commissioner Casello indicated he had visited the site on several occasions to visualize the proposed plans and aesthetically it would be unappealing. There would only be 13 feet between the two buildings and would detract from the Museum. Removing one of the gazebo type structures in the front of the Museum would be a mistake. Motion Commissioner Fitzpatrick moved to grant the firewall easement. Vice Mayor Hay seconded the motion Vote The motion passed 3 -2 (Mayor Taylor and Commissioner Merker dissenting). Commissioner Casello remarked the plans were not aesthetically pleasing to the eye. From a financial standpoint, he wanted to see the project succeed and there remained many roadblocks for the developer to overcome. 12. NEW BUSINESS 11 Meeting Minutes Regular City Commission Boynton Beach, FL Commissioner Merker wanted confirmation that the Ordinance in question no longer existed. Attorney Cherof agreed and related the Commission had revoked its own procedures in favor of the County regulations that control the same issues. He thought the decision should be withdrawn Motion Commissioner Merker moved that the decision be turned down. Commissioner Fitzpatrick seconded the motion. Vice Mayor Hay supported the concept and noted the County has the database established and can be accessed on the web site It is free for any lobbyist to register and it should not be an issue in the future Vote The motion passed unanimously. 13. LEGAL Motion 12 June 4, 2013 A. Consider request by Mr. David Katz to reevaluate the City Manager's decision regarding a violation of the City's former Lobbying Ordinance. A. PROPOSED ORDINANCE NO. 13 -010 - SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach Administrative Amendments to the 2010 Florida Building Code (TABLED ON 5/21/13) Vice Mayor Hay moved to remove from the table Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 13 -010 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Fitzpatrick understood there was a section relating to Building Officials getting authorization to enter a building and it seemed broad. There is a further Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 statement of the steps needed to be taken to gain entry against the owner's will. Attorney Cherof agreed and it had recently been dealt with and it was very difficult to gain access. Mayor Taylor opened the issue for public comment and no one came forward Vote City Clerk Prainito called the roll. The vote was 5 -0 Motion B. PROPOSED ORDINANCE NO. 13 -011 - SECOND READING - PUBLIC HEARING - Approve amending Chapter 2, Article VI of the City of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the use of Park Impact Fee proceeds.(TABLED ON 5/21/13) Vice Mayor Hay moved to remove from the table. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 13 -011 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion Commissioner Fitzpatrick inquired if the current ordinance would be approved, could the provisions then be changed again. Attorney Cherof replied some areas could be changed in the future, but not at the next Commission meeting. Commissioner Fitzpatrick expressed concern that the request was a narrowly defined use of Park and Recreation facility impact fees. There are now 14 new ways to spend the money. It appeared the request was an attempt to use allocated money for other expenses such as administrative fees that would normally be general operating expenditures. The intended use for the fees was for new parks and the request now covers expenses for replacing equipment for current parks Commissioner Fitzpatrick saw the change as shortchanging the future Mayor Taylor opened the issue for public comment Walt Smyser, 1445 Via De Peppi, agreed with Commissioner Fitzpatrick and contended the State laws relating to impact fees should be reviewed. They specifically 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 require that the funds be used for improvements and upgrades and not operating and maintenance costs Vote City Clerk Prainito called the roll The vote was 4 -1 (Commissioner Fitzpatrick dissenting). C. PROPOSED ORDINANCE NO. 13 -012 - SECOND READING - PUBLIC HEARING - Approve amendment to Land Development Regulations (LDR) that extend the trial period for temporary feather banners for a second 12 -month period, and set a limit of two (2), 90 -day display periods. Attorney Cherof read Proposed Ordinance No. 13 -012 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. D PROPOSED ORDINANCE NO. 13 -013 - SECOND READING - PUBLIC HEARING - Amend the Land Development Regulations to. 1) Create Transit Oriented Development provisions & minimum standards within the mixed -use zoning district regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking requirements in support of adaptive reuse projects. City initiated. Attorney Cherof read Proposed Ordinance No. 13 -013 by title only, on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Fitzpatrick needed clarification on the clause, "the design of pedestrian friendly, vehicular circulation areas ". Mike Rumpf, Planning and Zoning Director, explained the purpose of the section falls under the purpose and intent. The general design guidelines are objective and a description of the purpose of the mixed -use zoning regulations. The emphasis in the design of such areas, when converted to transient oriented development and districts, is on pedestrian - friendly access The development should be designed with pedestrian connectivity prominent within or 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 between projects and to public amenities, infrastructure, services and transportation modes Generally, development should not dissect pedestrian pathways It can include raised platforms or greater striping signature to the pedestrian crossing of a roadway. The object was to raise the project to a higher standard of design. The emphasis was on the redevelopment area and downtown core and specifically within the station area The language applies to the mixed -use zoning districts. The intent is to convert those districts to transit oriented development design standards or incorporating some in a phased means Commissioner Fitzpatrick was concerned the regulations were making it more difficult for vehicular traffic and perhaps create gridlock and slow traffic. He wanted to be shown how these types of traffic constraints would actually work. Mayor Taylor opened the issue for public hearing and no one came forward Vote City Clerk Prainito called the roll. The vote was 5 -0 E. PROPOSED ORDINANCE NO. 13 -016 - FIRST READING - Amend Section 26.34 "Capital facilities charges and connection charges" and deleting Section 26.35 "Additional Charge" of the City's Code. The revised fee structure will be effective September 1, 2013. Attorney Cherof read Proposed Ordinance No. 13 -016 by title only, on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Commissioner Casello inquired if the charges were to make it easier to read meters. Ms. LaVerriere indicated it did simplify the process and calculations Chris Roschek, Engineering Division Manager, Utilities, replied it simplified the calculation process when a new development comes in and the capital facility charges for commercial businesses are calculated Mayor Taylor opened the issue for public hearing. Walt Smyser, 1445 Via De Peppi, was in agreement the fees should be increased. However, he thought the charges should be reviewed as it appeared the City was undercharging for the fees compared to Lake Worth, West Palm Beach and Palm Beach County. Since the charges are based on an entity buying a fair share of the capacity of the utility when opening a business, the City was undervaluing its utilities and causing the current customers to offset the cost for new developments. 15 Meeting Minutes Regular City Commission Boynton Beach, FL Vote City Clerk Prainito called the roll. The vote was 5 -0 June 4, 2013 F. PROPOSED ORDINANCE NO. 13 -017 - FIRST READING - Approve an Ordinance removing unnecessary language on voting by board members Attorney Cherof read Proposed Ordinance No. 13 -017 by title only, on first reading. Motion Commissioner Fitzpatrick moved for approval Commissioner Casello seconded the motion. Commissioner Fitzpatrick surmised all the language was deleted and became nothing Attorney Cherof noted when the City abolished its own lobbying regulations and other Ethic Code regulations and went under the County, the revisions deleted provisions of the current Code that now conflict with the County's provisions. Vote City Clerk Prainito called the roll. The vote was 5 -0. G. PROPOSED ORDINANCE NO. 13 -018 - FIRST READING - Approve an Ordinance regarding rules of construction Attorney Cherof read Proposed Ordinance No. 13 -018 by title only, on first reading. Motion Commissioner Fitzpatrick moved to approve Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0 H PROPOSED ORDINANCE NO. 13 -019 - FIRST READING — Approve establishing the City's local hearing process for Read Light Camera citations. Attorney Cherof read Proposed Ordinance No. 13 -019 by title only, on first reading. He further commented that the State legislature had passed a bill that involved an overhaul of the red light camera statute. The proposed ordinance would adapt the City Code to the State law. The Governor had not signed the bill as yet. When it is signed the law would take effect July 1 and after that date, if an ordinance is not in place, the City would not be able to collect any fines associated with the camera violations due to the 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 lack of a procedure that conforms to the State law. It can be adopted on second reading, if necessary. Motion Vice Mayor Hay moved to adopt Commissioner Fitzpatrick seconded the motion. Vice Mayor Hay inquired if the hearing process for the violations would fall to the City rather than the County and the City would assume the cost of the magistrate. Attorney Cherof concurred the process would shift from the court system, to a local process with a special magistrate, hired by the City Commission, and the City would assume the cost Ms. LaVerriere reported the total fines received were approximately $2.5 million; however, $1 3 million goes to the State and $800,000 to the vendor. The balance of funds was used to pay for two Community Service Officers who monitor the footage, make the determinations and process the violations. Approximately $200,000 is transferred from the fund to the General Fund. Vice Mayor Hay suggested the vendor may be willing to share in the cost of the magistrate to protect their profits also. Ms. LaVerriere agreed and would give the vendor ample opportunity to participate in the program change with the City. Commissioner Casello speculated on the consequences if the vendor refused to partner with the City. Ms. LaVerriere responded the law allows for a filing fee up to $250 to be applied if an appeal would be taken. The fiscal impact is uncertain in terms of administrative cost and hiring a special magistrate. The filing fee may cover that cost to the City. Ultimately, the City has an agreement with ATS and the City Commission may discontinue the agreement at the time of renewal. Commissioner Casello wanted to negotiate with the vendor before voting on the changes. Due to the time constraints of the legislature just recently passing the provisions, Ms. LaVerriere encouraged the Commission to adopt the changes on first reading and the details of the program can be discussed and fiscal impact clarified at second reading. If the Ordinance is not adopted by July 1 the red light program would have to be discontinued and no further fines can be assessed It would have an impact on the budget, salaries for employees and revenues Commissioner Merker agreed with Ms. LaVerriere and emphasized it would assist the City with revenue and at this point was merely a process to move forward. He would support the request. Commissioner Fitzpatrick offered it was an attempt by Tallahassee sending another unfunded mandate to the cities and the State receives half of the revenues and should share some of the expense. 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 4, 2013 Vice Mayor Hay clarified that the State, City and ATS share the revenue. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A Consideration of fee amendments for Building and Planning & Zoning services - June 18, 2013. B Request for funding of a WiFi project which will serve free broadband (WiFi) Internet access to the underserved areas of our community (06/18/13; tentative dependent on CRA Board decision on June 11, 2013). C Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3 p.m , Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library D Discuss the feasibility of constructing a dog park. - This item has been tabled to the Budget Workshops in July 2013 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 Taylor properly adjourned the meeting at 7 p.m. 18 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST et M. Prainito, MMC ity Clerk dith A. Pyle, eputy City Cle 19 CITY OF BOYNTO.PI -$EACH ice Mayor David T. Merker, Commissio Michael N�Fitzpa, rick, Com r ssioner Casello, Commissioner June 4, 2013