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Minutes 07-02-13PRESENT: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Michael M. Fitzpatrick, Commissioner Joe Casello, Commissioner ABSENT: MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JULY 2ND, 2013, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA David T. Merker, Commissioner 1. OPENINGS Lori LaVerriere, City Manager David Tolces, City Attorney Janet Prainito, City Clerk A. CaII to order - Mayor Jerry Taylor B. Invocation by Rev. Nancy Norman from the Unity Church of Delray C Pledge of Allegiance to the Flag led by Commissioner Casello Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Nancy Norman from The Unity Church of Delray gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Casello. D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach; grow your family, business and garden in a cultural mosaic of diverse affordable neighborhoods." A roll call was taken revealing Commissioner Merker was absent and all other Commission members were present. E. Agenda Approval: 1. Additions, Deletions, Corrections 2 Adoption 1 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 Motion Vice Mayor Hay moved to approve. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Fitzpatrick had a busy couple weeks. He went to the Metropolitan Planning Organization (MPO) meeting as an alternate and heard a presentation by "All Aboard Florida" with discussion about quiet zones. The plan is to have passenger trains every hour for 16 hours, both ways, equaling 32 runs a day and there was speculation there would be 30 more cargo trains to accommodate the expansions at Port Everglades due to the increased size of the Panama Canal. Commissioner Fitzpatrick went to the grand opening of the Literacy Coalition and the Community Redevelopment Agency (CRA) Swing Dance. He also attended the Code Enforcement Board meeting to receive feedback on lien reductions and the Chair was going to check with other cities for ways to improve collection of liens for the worst cases. He had met with the Seagate Condo Board to discuss their issues. He attended the Fire Department retiree's annual banquet and picnic and received a new axe as a gift. Vice Mayor Hay attended the MPO meeting and noted there are 236 miles from Miami to Orlando so a train would be traveling 79, 80 miles an hour through the various cities with even higher speeds at times. It becomes a major concern because many of the crossings are not properly constructed to handle those speeds. There has been a determination made if the speed is Tess than 80 miles per hour, the construction cost for the crossings fall to the municipalities. It would be a six - figure amount for each crossing. It is a major concern for most of the cities on the east coast. The League of Cities would be working with the cities. Vice Mayor Hay made a presentation at Bethesda Health City on behalf of the American Heart Association and he attended the CRA Swing Dance and enjoyed the show. It was an honor to be part of the grand opening of the Literacy Coalition and he hoped the City could again be the leader in reading to children. He was also present for the installation of officers for the League of Cities. 2 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 Vice Mayor Hay solicited prayers for Reverend Lance Chaney, a community leader, who served on the independent CRA Board for many years and was very ill. He is the pastor of St. John Missionary Baptist Church. The Vice Mayor wished everyone a happy 4 of July and invited everyone to join together at Intracoastal Park for the fireworks. Commissioner Casello attended the meeting of the Coalition of the Boynton West Residential Associations (COBWRA) that included a speaker, Mike Lyons, from WPBF 25, a severe weather expert. He discussed hurricane preparedness. He also attended the opening of the Literacy Coalition headquarters and a workshop with the West Palm Beach City Commission on the proposal to outsource their CRA. He would follow it closely in case Boynton Beach would want to have the same type of discussion in the future. Commissioner Casello attended the Fire Department Retiree Banquet and recognized Commissioner Fitzpatrick's 22 years of service in the Department and continues to serve the City well. He thanked Commissioner Fitzpatrick for his dedication. Mayor Taylor commended Commissioner Fitzpatrick for his service and congratulated him on his retirement. He was also present for the Literacy Coalition opening, the CRA Swing Dance and the League of Cities meeting with the installation of officers. He was proud that Vice Mayor Hay is on the Board of the League of Cities and represents the City of Boynton Beach very well. Mayor Taylor also attended the Fire Department picnic on Sunday. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Allow presentation by Florida House Representative Bill Hager District 89 to provide a legislative update. Representative Bill Hager provided a legislative update. His district starts in Boca Raton and hugs the coast up into West Palm Beach including the town of Palm Beach. He completed his third year with the part-time legislature and had been on the Boca Raton City Council for seven years. Representative Hager offered prayers for the 19 Firefighters in the elite squad in Arizona and their families. He recognized all firefighters and police who serve, often without warning of eminent danger. The infrastructure that exists in the State of Florida serves 20 million people and the legislature controls the ability to build infrastructure. Entrepreneurs, job creators, employers can bring their skills and knowledge to create jobs for all Floridians. In the area of education, the schools are now ranked 6 in the nation. Funding was increased by $1 billion, the highest level of State funding in history. There are 13 State 3 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 universities and 25 State colleges. The tuition in State Colleges is $3,000 per year or $8 a day. The State of Florida has no personal income tax and the business tax has gone to zero. It is the 5 lowest tax state in the U.S. and the only state that did not raise taxes or fees. The legislature is required to balance the budget every year. In the area of transportation, as indicated by Commissioner Fitzpatrick the Panama Canal is being doubled in size. There are 13 great ports along the coast and the funding has been increased by $1 billion. Beaches are not only playgrounds, but also part of the ecological infrastructure, the economy and tourism. There is continued work on the beaches to deal with storm damage. The elderly continue to come to the State and the secret will be to keep taxes as reasonable as possible. In terms of geographical location, the State is a beach head for many of the South American immigrants. There are one -third of a million Brazilians in southeast Florida. The State's bonds were rated triple A on the same day the federal government bonds were downgraded. The rating organizations score the governmental units predicated on independent, free - standing data. The ratio of State workers to population is the lowest in the United States. During the recession 12,000 State jobs were eliminated. Government's job is not to make work, rather to do the charged responsibilities in the most efficient way possible because it is taxpayer money. In the area of employment the current rate of unemployment is 7.1% which is less than the national average. Some 2,300 regulations have been eliminated that stall opportunities for people to create jobs. Florida is now the number two State for a business climate to grow, thrive and start a business. Garda World announced 500 jobs coming to the State and Amazon is bringing 3,000 job, Global Business Solutions, 120 jobs and Hertz created 700 jobs. Mayor Taylor thanked Mr. Hager for his presentation. Businesses are what brings dollars to the cities and help keep property taxes lower. Anything to get rid of unnecessary regulations is appreciated. Vice Mayor Hay expressed concern with the expansion of the Panama Canal and the increase in truck traffic on 1 -95 transporting commerce from the docks. Representative Hager agreed 1 -95 was a horrific roadway. The Secretary of Transportation was aware of the possible impact. Special, expedient lanes had been established and it will be a constant challenge. 4 Meeting Minutes Regular City Commission Boynton Beach, FL B Proclaim the month of July 2013 as National Parks & Recreation Month Mayor Taylor proclaimed the month of July, 2013 as National Parks & Recreation month and presented the proclamation to Wally Majors, Director of the Recreation and Parks Department. Mr. Majors invited everyone to participate in their many programs that were outlined in the FunFare magazine, on the City web page and Facebook. C. Announcement of the Fourth of July Celebration July 2, 2013 Mr. Majors announced the 4 of July fireworks display that would be at the Intracoastal Park The activities start at six o'clock with various bands performing and fireworks commencing at 9 p.m. Parking will be limited. There are free shuttles from City Hall or Boynton Beach High School from 5:30 to 10 p.m. D. Announcement of the annual change to free chlorination of the water supply from July 15 through August 16, 2013 Kofi Boateng, Utilities Director, announced each year temporary modifications are made to disinfect the drinking water. It lasts for four weeks. It is a preventative measure to maintain the high standard of the clean water distribution. It will be from July 15 to August 16 with notices posted. For those sensitive to the smell of chlorine, an open container of drinking water in the refrigerator for a few hours will allow the chlorine smell to dissipate. Those on dialysis machines, owners of tropical fish or managers of stores or restaurant owners with fish and shell fish holding tanks are advised to seek professional advice for their equipment. Vice Mayor Hay commended Mr. Boateng and his staff for giving Boynton Beach some of the best water in the country. He questioned if there had been any complaints last year when it was done. Mr. Boateng indicated periodically there are questions from customers that are directed to the water quality division to respond accordingly. Ms. LaVerriere added all treatment facilities in the State of Florida are required to do the super chlorination once a year. It has been ongoing for many years. 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) Doug Lewis, a resident and homeowner, referred to a newspaper article relating to the Fire Department raising money for a 9/11 monument in place by August in the Veterans Park. While the monument itself was a wonderful idea, he disagreed with its placement 5 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 in Veterans Memorial Park. The Veterans Memorial Park is sacred ground. Police and Fire protect every community and he respected their service to all residents. His concerns were focused on Veterans who had served their country as he had from 1961 through 1966 on active duty in the Navy. He was a combat veteran. Mr. Lewis urged the Commission to reconsider the placement of the 9/11 monument. Mayor Taylor responded the Commission would be open to discussion on any matter. He surmised the reasoning was the veterans memorials represent those who have given their life for their county. The people who lost their lives during 9/11 was due to an act of war against the United States and that was why it should be included in that Park. Mr. Lewis had addressed the Veterans Board with his recommendation. Mayor Taylor responded the Commission would make the ultimate decision. Commissioner Casello suggested soliciting the advice of the Veterans Advisory Commission. Mr. Lewis thanked the entire Commission for being present for the Memorial Day service at Boynton Beach Memorial Park. Dr. Piotr Blass, 113 W. Tara Lakes Drive, was also a combat veteran of the Israeli Army and he felt confident the City would honor all veterans and those who died during the 9/11 attacks. Dr. Blass was happy the Old High School building was not being stolen from the City. He felt strongly the building and and should always be with the City and shared with all the residents. Boynton Beach is a learning place in his opinion. He joined in the previous request for prayers for Reverend Chaney. Mark Karageorge, 240A Main Boulevard, commended the City Manager for the great job she had been doing even when she was the Interim City Manager and Assistant City Manager. She is a model of professionalism. The Commission gives direction and sets policy, while the City Manager is the CEO and ordered to carry out and supervise the day -to -day activities and productivity of the City. The City is blessed to have Ms. LaVerriere in the position as City Manager. She makes decisions that have resulted in more productivity and efficiencies that benefit the City. He appreciated the work she does. Ray Whitely, 7353 Palmdale Drive, announced there would be a cheerleading /leadership camp in August. There was a partnership with East Coast Flames, a cheerleading facility, and the camp would be free. The ages will be from 11 to 18 years, the best ages to reach the young ladies and talk with them. Rudolph Pascucci, 3202 Shoma Drive, Wellington, is the Director of the Palm Beach Museum of Natural History, and had previously submitted a plan for the Old High School. He noted his organization did not want to own the building or the land or adding anything to the building. There would be no encroachment on the Children's 6 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 Schoolhouse Museum and, in fact, a partnership was anticipated. A marketing plan or business plan would not be needed. Katie Luzona, 7960 Venture Center Way, Manager for Signature Storage, was very enthusiastic about the work being done by some of the most published paleontologists and anthropologists in the United States. They lack a building to house their amazing findings. She encouraged the Commission to consider their proposal for the Old High School and bring something amazing to the City. Mr. Pascucci replied to Commissioner Casello that the bones are authentic and they excavate, prepare and mount the materials themselves. A recent display at the South Florida Science Museum broke all their attendance records. All their results are published including an upcoming article on T -Rex that is being discussed with National Geographic Magazine. They also have a collection of Native American materials and fossils most of which are in storage. The findings are getting national and international attention. He begged the Commission to allow him to bring those interested in the findings to Boynton Beach. Aaron Murillo, 106 South M Street, Lake Worth, spoke for the Food Truck Connection. There have been nine events at the Harvey Oyer Boat Club Park and the attendance steadily increased. It is a great community, family - friendly event and delicious. All the trucks are local small businesses and want to stay local rather than leaving the area for events. The food trucks wanted to work with the City to return. The trucks have been approved and inspected by the State and health inspector. The City's Risk Management have approved and there were also Fire inspections of all the trucks. There are no pets or live music and all the trucks are gone and the park is cleaned by 9 p.m. It is a one night weekly event that does not interfere with any of the local restaurants. He speculated the attendance would double if the trucks were allowed to return during the winter season. Commissioner Casello recalled there was a permitting issue. Ms. LaVerriere advised there were no current regulations that applied to the food truck venue. It was originally done as an experiment to see what issues may present. It was successful and well liked and there were no problems. Appropriate regulations do have to be developed to address mobile vending. The City did want to get the regulations in place to allow the event to return and possibly in some other areas of the City. Al Paine, Deputy Regional Director for Seniors versus Crimes, a special project of the Attorney General, located at 15127 Jog Road, Delray Beach, spoke on behalf of two residents at Royal Manor Estates. A woman who owns and rents a mobile home there wanted to sell her home for $99,000 and the real estate agent on the property, Demma Motor Home Sales, dictated the home be sold for $60,000 and he would receive an $8,000 commission. After that meeting harassment began with door and window knocking throughout the nights to present Mr. Paine had sought assistance from several agencies but did not receive any assistance. Another woman got an eviction Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 notice because her home was not painted or grass cut. He referred her to legal counsel. Michael Zdep, 8553 Ducourt West, son of Diane Zdep, indicated he and his mother have been suffering severe torture from the mobile home park personnel banging on windows and doors all during the nights. They have been unable to get any type of help. Other people in the Park are also being harassed, but afraid to come forward because of possible retribution. It is ongoing. Ten people in the last month have related they have had the same type of harassment and fifty complaints have been filed with the Attorney General since the new owners took over the Park. A case did go to Court and the new owners did admit they did wrong and sent an apology letter. Mr. Zdep alleged civil and constitutional rights were being violated and seniors should not have to live in fear. The conduct of the management staff was unprofessional. Something needs to be done. Nancy Kowalski- Schmitt, resides in Royal Manor Estates, and was being evicted from the mobile home park. She did get legal counsel for her foreclosure, but indicated the homeowners need a lawyer because the park rules override the State statute. Most of the allegations made with the threats of eviction are fraudulent. Some of the rules being cited have not been enforced for the past ten years. They seem to be targeting those who live around the lake so newer homes can be placed in their spots. She asserted extortion was being used for minor park rule infractions and trespassing was definitely ongoing. The residents were looking for peace and quiet. Diana Israel, lived in Royal Manor Estates and had an eviction letter stating she and her service dog had to move. She had been harassed, tormented and tortured by the Park Manager, Carl Pierce. She was disabled and needed help. Dianne Zdep, 8553 Ducourt West, was disabled and house bound. There had been banging on her house for over a year around the clock. Demma Homes is not registered with the State of Florida and the Real Estate Commission and there is no broker of record. Ms. Zdep had her son read a prepared statement asserting many of the residents' civil rights were being violated by mistreating and harassing the residents. The safety of the residents is at risk. She made assertions of fraud, straw purchases, non - payment of sales tax, illegal sales and flipping of the homes at huge profits. Two residents have already left the Park due to mental and physical abuse. It is disgusting and something needs to be done. Commissioner Casello sympathized with the residents and advised he had consulted with the Police Chief and City Manager for any possible resolution. Police Chief Immler had spoken with Mr. Zdep and two detectives had gone to the trailer park to interview a number of residents and one person from the management company. The investigation is ongoing. There has been nothing actionable from the police department perspective that would be a criminal matter. The officers are doing extra patrols to deal with the banging on the homes during the night. 8 Meeting Minutes Regular City Commission Boynton Beach, FL Ms. Zdep advised she had seen Carl Pierce, Gene Mass and Demma Homes and they employ the landscape workers to knock on the houses. There was another gentleman that she had seen. Mayor Taylor assured them the police would continue the investigation. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE Motion Commissioner Casello nominated Vice Mayor Hay. Commissioner Fitzpatrick seconded the motion. Vote A. Appoint Voting Delegate for Florida League of Cities Annual Conference to be held August 15 -17, 2013 The motion passed unanimously. 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 regular and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate 9 July 2, 2013 Ms. LaVerriere interjected there is a travel policy for the Commission and any travel has to be approved by the other Commissioners. She asked for a motion to approve the Mayor and Vice Mayor's travel to the Florida League of Cities Conference. Motion Commissioner Casello moved to approve. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Meeting Minutes Regular City Commission Boynton Beach, FL Motion Motion Library Board: 2 alternates 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 10 July 2, 2013 The only applicant was for the Code Compliance Board and Vice Mayor Hay asked to table the appointment. C. Appoint John Huntington as the fifth trustee on the Boynton Beach Police Officers' Pension Board. Vice Mayor Hay approved the appointment of John Huntington. Commissioner Casello 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 Vice Mayor Hay moved to approve the Consent Agenda items with the exception of Item 6.G. Commissioner Casello seconded the motion. Vote The motion passed unanimously A. Approve release of the performance bond in the amount of $44,000.00 for the maintenance of the improvements to Gulfstream Boulevard in association with the Walmart project. B. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility Fund for the eight (8) month period ended May 31, 2013. C. PROPOSED RESOLUTION NO. R13 -055 - Approve piggy- backing the U.S. Coast Guard Basic Ordering Agreement (BOA) HSCB84 -09 -A- 100113 contract Meeting Minutes Regular City Commission Boynton Beach, FL Motion Vote July 2, 2013 with Clean Harbors Environmental Services, Inc. for emergency response support on an "As Needed " basis, effective July 1, 2013 and authorize the City Manager to execute an Agreement between the City of Boynton Beach and Clean Harbors Environmental Services, Inc. D. PROPOSED RESOLUTION NO. R13 -056 - Approve a Professional Services Agreement for "Building Inspections and Plan Review Services ", RFP No. 044 - 2411-13/JMA, with Hy -Byrd, Inc. of Lake Worth, FL as the primary vendor and with G.F.A. International, Inc. of Delray Beach, FL as secondary vendor for a one -year term, on an "As Needed" basis. E. PROPOSED RESOLUTION NO. R13 -057 - Approve Waiver of Right of First Refusal for Shannon Skiba of 293 Meadows Drive, Boynton Beach, Florida, 33426. F. Approve release of performance bond #104708964 in the amount of $363,000.00 for the construction of a traffic signal at Old Boynton Road and Renaissance Commons Boulevard. G. Approve the minutes from the Regular City Commission meeting held on June 18, 2013 Commissioner Fitzpatrick corrected, on page 7 of the minutes, there was a motion for Barbara Ready to be appointed to a board. Commissioner Casello voted for it, but he is listed as voting against it. David Merker voted against it and he is listed as voting for it. Vice Mayor Hay moved to approved Item G. with the corrections. Commissioner Fitzpatrick seconded the motion. The motion passed unanimously. H. PROPOSED RESOLUTION NO. R13 -058 - Approve piggy - backing the Orange County, FL Contract Y12 -1086F with Fisher Scientific Company, LLC., with the same terms, conditions, specifications and pricing. This bid will be utilized for the procurement of turn out gear at an estimated expenditure of $70,000. and authorize the City Manager to execute the City's Agreement with Fisher Scientific Company, LLC. I. Accept the resignation of Cory Kravit, a regular member of the Planning and Development Board 11 Meeting Minutes Regular City Commission Boynton Beach, FL 7. BIDS AND PURCHASES OVER $100,000 Motion Vice Mayor Hay moved to approve Item 7.A. Commissioner Casello seconded the motion for discussion. Commissioner Casello noted there was a partnership with Delray Beach and questioned if it would be of benefit to solicit other cities to join in the request. Tim Howard, Director of Finance, explained the partnership was with Delray Beach because both municipalities have their own EMS Department. Inquires were made of other cities, but none had chosen to join us. The City is also involved with the South Florida Purchasing Coop for other types of bids. There can be timing issues involved. There is more coordination involved with other cities. Commissioner Fitzpatrick understood some of the medications came from the Bethesda Hospital Pharmacy and both cities function out of that facility. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS Motion July 2, 2013 J. Accept the resignation of Irma Khoja, a regular member of the Community Relations Board A Approve award for the "Annual Supply of Medical and Medication Supplies ", Bid No. 046- 2210- 13 /JMA to Bound Tree Medical, LLC; Henry Schein, Inc.; Kentron Healthcare, Inc.; Midwest Medical Supply Co, Inc. and Quadmed, Inc. , as the lowest, most responsive, responsible bidders for a projected annual expenditure of $110,000.00. Items will be ordered on an "As Needed" basis. A. Approve or modify the Code Compliance Board's Lien Reduction Modification Order (Exhibit "A ") in Case #10 -43 filed 5/31/13. Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Tyler Gold, Attorney in Plantation, represented Bank of America that owned the property. The paperwork may reflect Countrywide as the mortgagor. The fines are $65,000 and he hoped to mitigate the fine to as low as possible. The foreclosure began in June of 2008 and finished in February 2012. There was a judgment on the property 12 Meeting Minutes Regular City Commission Boynton Beach, FL for about $240,000 in 2009 and a second mortgage for $26,000. There have been no payments for five years. The Bank was hoping to sell the property to a bon -a -fide purchaser and cannot do so until the fine is satisfied. The fine is almost equivalent to the value of the property. It was estimated the current price would be approximately $90,000 at this point. Understanding how serious Code violations are and the importance of maintaining a home, in addition to having to evict a tenant before the Code violations could be rectified, the property has been fully repaired. There is no excuse for the property not being registered and many of the fines relate to that fact. It was not registered until June 2013 even though the violations had already been corrected in February, 2013. The Bank wanted to get a homeowner back into the property and he was asking the City to work with the Bank who was taking a huge Toss on the property. Commissioner Fitzpatrick agreed Countrywide did make bad loans and gave sweetheart loans to others. They helped cause the economic problems and he did not have much empathy at all for the bank. Mayor Taylor noted the original fine was $266,885.12 and it was reduced to $65,000 by the Code Board. Commissioner Casello asked if there was a potential buyer and Mr. Gold indicated there was not until the lien was settled. Diane Springer, Code Compliance Coordinator, advised the property was up to Code at this time. Vice Mayor Hay supported the reduction to $65,634.12. July 2, 2013 Michele Costantino, spoke as Chair of the Code Compliance Board, and advised the property had been rented during the time period. It had no Business Tax Receipt as a rental and there were no inspections. The property remained unsecured and it had a swimming pool that created a hazard for any child or senior. The Board considered all the information before making a decision. Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a property owner and real estate broker with an office in Boynton Beach, noted this was a national problem. Countrywide Homes over extended on home loans that resulted in the market crash. The banks do not want foreclosed homes because they do not want to cope with the upkeep of these properties and impact on the community. It is a fiasco that remains a problem. She urged the Commission to not let banks off at the last moment. Vote The motion passed unanimously. Attorney Tolces explained the appeal is denied and the lien amount remains the same. Mr. Gold inquired if there was any other appeal process with the City and Attorney Tolces advised there was not. 13 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 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. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -020 - SECOND READING - PUBLIC HEARING - Approve amendments to the LDR to 1) amend the definitions to distinguish between governmental uses, and create new commercial /warehouse uses and parking regulations; 2) amend zoning matrix regarding theater. day care, manufacturer's representative and automotive repair uses; 3) update Ocean Avenue Overlay Zone by adding uses intended for the corridor consistent with redevelopment plan; 4) create definitions and regulations for small wind energy systems; 5) amend regulations for decks, patios, steps, stoops, and terraces; and 6) amend the flood prevention regulations consistent with the State of Florida Model Ordinance. Staff - initiated Attorney Tolces read Proposed Ordinance No. 13 -020 by title only on second reading. Motion Vice Mayor Hay moved to approve. Commissioners Casello and Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote 14 Meeting Minutes Regular City Commission Boynton Beach, FL City Clerk Prainito called the roll. The vote was 4 -0. July 2, 2013 B PROPOSED ORDINANCE NO. 13 -021 - SECOND READING - PUBLIC HEARING - Approve Section, 10 -32: Disaster - Generated Debris Removal Management Plan; Authority, Priorities and Limitations. Attorney Tolces read Proposed Ordinance No. 13 -021 by title only on second reading. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Commissioner Casello inquired if private property included gated communities and it was confirmed it did. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. C. PROPOSED ORDINANCE NO. 13 -022 - SECOND READING - PUBLIC HEARING - Amend Code of Ordinances, Chapter 13, Licenses, Section 13 -4, Classification and Fee Schedule to provide for a five percent (5 %) increase in Business Tax fees Attorney Tolces read Proposed Ordinance No. 13 -022 by title only on second reading Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Commissioner Casello reiterated his desire to see the word "could" changed to "would" and allow some of the money to go back to the businesses. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0 D. PROPOSED ORDINANCE NO. 13 -023 - SECOND READING - PUBLIC HEARING - Approving a one -year suspension of Garage Sale Permit requirement 15 Meeting Minutes Regular City Commission Boynton Beach, FL July 2, 2013 Attorney Tolces read Proposed Ordinance No. 13 -023 by title only on second reading. Motion Vice Mayor Hay moved to approve. Commissioners Casello and Fitzpatrick seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -0. 14. FUTURE AGENDA ITEMS A. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00 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 B. 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" The Brand Promise Statement was recited by those present. 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:11 p.m. (Continued on next page) 16 Meeting Minutes Regular City Commission Boynton Beach, FL ATTEST: et M. Prainito, MMC Clerk dith A. Pyle, C Deputy City Cler 17 CITY OF BOYNTON BEACH Jerry Taylor, Mayor oodro ichael M. Fitz 1,-Hay, Vice Mayo atrick, Com ' ione e Casello, Commissioner July 2, 2013