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Minutes 08-20-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, AUGUST 20, 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 Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jerry Taylor CLOSED -DOOR SESSION BEGINNING AT 5.30 P.M. ON August 20, 2013 regarding the following cases: 1 BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No 502013CAO11391XXXXMB AH 2 BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY Mayor Taylor called the closed -door session to order at 5:30 p.m. Roll was called and only Commissioner Fitzpatrick had not arrived. Attorney Cherof explained closed -door sessions are always started in a public setting and then recessed to closed doors. The session is finally concluded in a public setting. The purpose of the closed -door session was to discuss two cases. One was a breach of contract that would be discussed In the other case, a Writ of Certiori case, nothing had been received from the Court directing a response. There would be nothing to discuss in that case at this time. The case discussed was Old Boynton Partnership, LLC vs City of Boynton Beach, Florida being Case No. 502013CA011391. Present in the closed -door session would be Lyman Reynolds, appointed to serve as special counsel to the City, Attorney Cherof, the City Manager and the members of the City Commission. Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Mayor Taylor noted, for the record, that Commissioner Fitzpatrick had arrived. Attorney Cherof estimated the session would last approximately 45 minutes. Mayor Taylor declared the public portion of the meeting was recessed. At 6:25 p.m. Mayor Taylor reconvened the closed -door session in Chambers and adjourned the session. Mayor Taylor called the regular City Commission meeting to order at 6:30 p.m B. Invocation by Rabbi Dr. Solomon Rothstein, Police Chaplin Commissioner Merker made remarks relating to the March on Washington that occurred on August 28, 1963, 50 years ago that brought all people together. It was a historic event involving fair wages, health care and the unity of the family structure. It brought the people together for one cause, the love of country and mankind C. Pledge of Allegiance to the Flag led by Commissioner Merker Commissioner Merker led the Pledge of Allegiance to the Flag. D. Brand Promise Statement The Brand Promise Statement was read as follows: "It is time to take a look at Boynton Beach, complimented by excellent schools with a mission to educate, nurture and inspire." The roll was called and all the Commission was present. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Merker pulled Item 6.A for discussion. Commissioner Casello pulled Item 6.F for discussion and 6.A. also Attorney Cherof asked that an item be added to Future Agenda, a request for a closed - door session in the suit pending in the United States District Court, Morton E Goldstein vs. City of Boynton Beach. It was suggested it could be done at the next Commission meeting. The duration would be approximately a half hour. 2. Adoption 2 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A Informational Items by Members of the City Commission Commissioner Casello disclosed he had met with Marie Horenburger and MJ Associates, and Craig Smith Associates, a subsurface utility engineering firm that performs MRIs for underground utilities. It is one of two companies in the country that is capable of doing this type of work. Commissioner Casello had attended the Chamber of Commerce Luncheon that honored three public safety employees. He also attended the ribbon cutting for the Mathnasium, a math learning center for children. Many staff members from Economic Development were present as well as the Chamber of Commerce staff. The owners were very pleased with the assistance they received from the City of Boynton Beach. Vice Mayor Hay had gone to the ribbon cutting for Prudential Florida Realtors, a new member of the Greater Boynton Beach Chamber of Commerce. Vice Mayor Hay attended and fudged the Art Showcase of young artists. Many entrants were very talented. Vice Mayor Hay and Mayor Taylor had attended the Florida League of Cities Conference in Orlando and cast votes on the resolutions submitted as had been directed by the Commission. Vice Mayor Hay would share several books he had purchased during the Conference. He would be going to the upcoming regular Palm Beach County League of Cities meeting and encouraged all the Commissioners to attend The Chamber of Commerce luncheon was another event Vice Mayor Hay had attended. Commissioner Fitzpatrick had participated in the Art Showcase judging and the ribbon cutting for Prudential Realtors. He had been out of the State for eight days. He advised he had registered for college course work and would be coming directly from class on Tuesday nights to the meetings. 3 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Commissioner Fitzpatrick reported he had met with County Commissioner Priscilla Taylor to discuss the future of a County pocket in District III, being the northern portion of Lake Ida Park. He disclosed he had also spoken with a developer representative, Don Hayden, who is interested in the Arches property. Mayor Taylor emphasized the work of the students in the Art Showcase was outstanding He reiterated the Chamber of Commerce luncheon honored two City Police Officers and one Fire Department personnel. While at the League of Cities Conference he went to the legislative sessions where the concerns relating to sober houses coming into residential areas was discussed. It was bringing drug abusers into neighborhoods and some regulation was needed. Another issue was the red light cameras that would be further discussed. Mayor Taylor had gone to open houses for two homes of the CDC on the west side of Seacrest There was a three - bedroom home and a four - bedroom home. They were very nicely constructed. Vice Mayor Hay attended a session at the Conference relating to transportation. One item discussed was an extension on the length of 18- wheelers with a wider base than currently being driven. The existing trucks are destroying some roadways There was also a concern for public safety. The Commission and citizens should keep informed on the topic and he would report any information he receives. Mayor Taylor indicated Governor Scott had spoken at the Conference. His initiative has been creating jobs in Florida. Over 300,000 jobs have been created and his goal by 2016 was to reach 700,000 new jobs. He pledged his support to any city to bring jobs to the State. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of First Budget Hearing to Adopt Proposed Budget at the regularly scheduled City Commission Meeting to be held on September 3, 2013 at 6:30 p.m. in the City Hall Chambers. Ms. LaVerriere announced the first of two public budget hearings to be held on September 3rd at 6:30 p.m. The Commission had established a tentative millage rate. Discussions would continue and the public was encouraged to participate in those discussions The second public hearing would be on September 17 . 4. PUBLIC AUDIENCE 4 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 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) Shirley Cassa, 217 SW 14 Street, spoke against the building of a hotel on West Ocean Drive. There are currently 10 hotels in the City of Boynton Beach. The view from the proposed hotel would be the rear of a bowling alley and their parking lot, the rear entrances for the shopping center businesses and directly into the condominiums of private residences in Palm Beach Leisureville. The entrance from Ocean Drive was not acceptable. A two -lane, local road would be transformed into a four -lane highway with the turning lanes involved. The Lake Boynton Estate area where 8 th Street begins and on through Palm Beach Leisureville is all residential and would be affected. Their concerns should be considered. Many conditions could be imposed on the developer to ensure safety and quality of life. The options include no hotel, maintain the two -lane road, place a gate in the residential community, and /or signage to prohibit thru traffic. In her view, the developer's plans were unacceptable and she requested the Commission's assistance. Commissioner Merker revealed he had taken a guided tour with Ms. Cassa of the area. He had opposed the hotel, but noted if the hotel was approved, some of the suggestions made could be beneficial. 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: 2 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Historic Resource Preservation Board: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Planning and Development Board: 1 alternate Senior Advisory Board: 3 regulars and 1 alternate Special Events Ad Hoc Committee: 1 regular and 1 alternate Mayor Taylor indicated there was only one applicant and it was for his appointment to the Code Compliance Board. He wished to table the appointment. Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R13 -074 - Approve Third Amendment to Professional Services Agreement with American Traffic Solutions "ATS" (TABLED on August 6, 2013) Motion Vice Mayor Hay moved to remove Item 6 A. from the table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Commissioner Merker reiterated his suggestion to increase the fee from $85 to $87 to cover the $2 increase in the fee charged by the vendor. The increased fee would be paid by the violator. He felt strongly the project should move forward. Mayor Taylor again mentioned the red light cameras had been discussed at the League of Cities Conference and all aspects of the cameras were being reviewed. The vendor had offered that a one -year time to review the data and impact should be considered. There was consensus to review the data after one year. Commissioner Casello clarified the City only received approximately $200,000 from the $2 million total revenue generated by the cameras. The vendor received $800,000. Commissioner Casello felt the numbers were skewed and when the contract expired the numbers should be adjusted. The partnership has to be more revenue friendly for the City. There will be 17 cameras that are leased for $4,300 a month. He did not want the City to be branded for the stop light cameras Commissioner Merker preferred the safety and security aspect the cameras provided A year or two of further study was appropriate, but saving lives was more important. The City is benefiting financially and safety -wise. Commissioner Fitzpatrick pointed out the State of Florida receives $1 million or 50% of the revenue Perhaps the renegotiation should be with the State. 0 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Vice Mayor Hay emphasized the problems being discussed were the reasons why the Florida League of Cities and Palm Beach County League of Cities wanted to review the issues after a year to address the concerns Motion Vice Mayor Hay moved to approve Proposed Resolution R13 -074. Commissioner Merker seconded the motion Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R13 -081 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Ann Carlin for the property at 1148 Highview Rd, Lantana, FL. C. Approve the second amendment to the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the purchase and sale of Bulk Potable water. D. Accept the written report to the Commission for purchases over $10,000 for the month of July 2013 E. PROPOSED RESOLUTION NO. R13 -082 - Approve and authorize a local match requirement in the amount of $21,000 to the State of Florida's Qualified Target Industry Tax Refund (QTI) Program award of $84,000 for a total award amount of $105,000 to Project Finish. F PROPOSED RESOLUTION NO. R13 -083 - Amending Resolution R12 -045 to designate Scott Kline, Economic Development Manager in place of Nancy Byrne, Development Director as the Economic Development Coordinator City- wide and retaining designation of Vivian Brooks, Executive Director of the CRA as the Economic Development Coordinator for any property located within the CRA area for the purposes of implementing the City's Economic Development Program for business development or expansion, housing, and community initiatives within the City of Boynton Beach and CRA areas. Commissioner Casello noted there were two people holding essentially the same position and suggested there should be a workshop to investigate the viability of folding the Community Redevelopment Agency (CRA) back into the City. Everyone could then work together under one umbrella rather than two individuals. It would be better than the solo approach that appears to exist at this time Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Vice Mayor Hay cautioned there are pros and cons of having an independent CRA. He would favor having a study done to reveal the impact and make a decision based on the advantages and disadvantages of a merger. Commission Casello agreed. Motion Commissioner Fitzpatrick moved to approve Resolution R13 -083. Commissioner Casello seconded the motion. Vote The motion passed unanimously. G. PROPOSED RESOLUTION NO. R13 -084 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach H. Approve the minutes from the Regular City Commission meeting held on August 6, 2013 I. PROPOSED RESOLUTION NO. R13 -085 - Approve an Interlocal Agreement between Palm Beach County and the City of Boynton Beach regarding Open Cuts under County Thoroughfares within the Utility Service Area. 7. BIDS AND PURCHASES OVER $100,000 A Approve change order in the amount of $46,410.59 for emergency purchase order #130863 to Intercounty Engineering, Inc. for repairs to the wet well influent line at Lift Station 309 for the total sum of $135,110.59. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion Commissioner Fitzpatrick asked what had failed. Ms. LaVerriere replied it was a large pipe associated with Lift Station 309 at the corner of Seacrest and Martin Luther King (MLK) Boulevards It has been an extensive project that involved a change order upon further investigation of the exact issue. Michael Low, Deputy Director of Operations for Utilities, further explained it was the final pipe that goes from the terminal manhole into the wet well or pumping part of the Lift Station. It failed due to corrosion on the pipe that was 30 years old n . Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Mayor Taylor added once the area was excavated, other leaks and problems were discovered and more work was required to repair all the issues. Ms. LaVerriere explained since the repair was an emergency in nature and procurement goes through a process to have contractors available for such emergency repairs, she authorized the repair with the estimated cost, It became even more expensive and the change order process was initiated. Ultimately both the expenditures would come before the Commission Mayor Taylor pointed out that even with the additional cost, the total figure was less than that second bidder. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Major Site Plan Modification (MSPM 13 -002) to construct a public parking lot on a 0.65 -acre parcel located at 201 NE 1st Street in the Multi - Family Residential (R -3) zoning district to support businesses and redevelopment efforts in the immediate vicinity. Applicant: Vivian Brooks with Boynton Beach Community Redevelopment Agency Attorney Cherof noted the matter was quasi-judicial and administered an oath to all those intending to testify. He explained the process of staff making a presentation and the applicant would have an opportunity to make a presentation or ask questions. The conditions of approval from staff and those coming from the Planning and Development Board are only recommendations. Any conditions of approval must be Code based unless the applicant waives the requirements. Eric Johnson, Planner, described and located the property on NE 1S Street. It is zoned R -3, multi - family residential On the north the property is C -3 Community Commercial with a small right -of way that had been abandoned and is now part of the northern property. City Hall is on the west side and zoned PU, Public Usage. The south side is NE 1S Avenue and to the south is a multi - family residential property that is designated HDR, High Density Residential, and zoned Multi - Family R -3. The east side is NE 2n Street, that has become parking for the condominiums. The site was the previous location of the historic Ruth Jones Cottage. 6 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 The requested use is a public parking lot with 58 spaces. It is a permitted use in the R- 3 zoning district in the Ocean Avenue overlay zone. It is also located in the Ocean District Community Redevelopment Plan. The project is unique since there are no buildings. No traffic concurrency or school concurrency is required or potable water or sanitary sewer. Police and Fire have sufficient levels to meet the demand for services. Drainage approvals will be deferred to the time of permitting. There would be two points of ingress and egress; one in the northwestern portion and another at the southeastern point. The total area would be 7,196 square feet or 25.5% of the site. The landscape plan complies with Code, but there are deficiencies. The goal of the CRA was to have the maximum number of parking spaces possible. The Land Development Regulations ensure the minimum guidelines are met for the safe and efficient movement of vehicles. The landscaping would exceed the minimum requirement, however, the proposed landscaping along the north property line helps to meet the parking objective and intent of the Code, without jeopardizing the intent of the landscape strips along the east and south property lines adjacent to residential properties. Specifically the north property line of landscaping does not meet the minimum required width. Any applicant can submit an alternate landscape plan and staff had reviewed the proposed plan for the site to meet the purpose and intent of the Code It is deficient in Section 4.b(2), landscape strips abutting rights -of -way. The tree space is wider than the minimum allowed. Another Section is 4.b(3), perimeter landscape buffers, because the entire length of the north buffer would be less than the minimum required five feet. It also lacked the plant material within a small portion of the north landscape buffer due to the required pavement needs for the vehicular turn area. The plan does exceed minimum requirements in other areas. The interior landscaping exceeds the minimum of 1,450 square feet. Staff attempts to balance the proposed landscaping pros and cons to meet the intent of the Code. Staff approved the project and it was approved by the Planning and Development Board. Mike Simon, Development Director for the CRA, Vivian Brooks, Executive Director of the CRA and Jason Weber, Civil Engineer for Kimley -Horn, the design professional were present as the applicant. Mr. Simon explained the intent of the project. It was to be used for numerous activities in the area. There was an identified shortcoming for downtown public parking availability. The Downtown Master Plan and Vision Plan included consideration for additional parking spaces in the downtown corridor that has to be addressed for future redevelopment opportunities, both large scale and small scale. There are actually two properties. One house was demolished and the other relocated. The area would provide parking overflow for 211 Ocean Avenue, the Magnuson House, 10 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 if used in the future for retail or office space or the 209 Ocean Avenue property that is vacant. There are also numerous activities planned throughout the year at the amphitheater and the Children's Schoolhouse Museum. Parking has been an issue for developers when considering uses for the existing properties along Ocean Avenue, The CRA accepted the conditions of approval except for Planning and Development Board condition number nine. The required parking has been met as submitted. Mayor Taylor explained the Planning and Development Board recommended two more handicap spaces be provided. There are three handicap spots in the plan. Mayor Taylor opened the issue for public hearing and no one came forward. Vice Mayor Hay inquired if two more handicap spaces were required what would happen with the two vehicle charging stations. Mr. Simons advised they would exist at a different location. Mayor Taylor noted the plans would have to be completely redrawn if any changes were made. Vice Mayor Hay requested that pavement crosswalk markings be more evident for the sake of safety. Mr. Simon indicated that would not be an issue Motion Commissioner Casello moved to approve the site plan. Commissioner Merker seconded the motion. Attorney Cherof interjected there needed to be clarification. The motion should be to approve with the conditions of approval, except number nine. Mayor Taylor confirmed both Commissioners Casello and Merker agreed to the proposed clarification of the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Accept the status report of the City of Boynton Beach Economic Development Program Implementation for the period of March 1, 2013 through July 31, 2013 Ms. LaVerriere presented Scott Kline, the new Economic Development Manager, who had already done some phenomenal work for the City of Boynton Beach. He would give an update on the Implementation Plan approved by the Commission in October 2011. It began with laying the framework for the creation of an Economic Development Plan for the City. 11 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Mr. Kline reported approximately 75% of the items in the Economic Development Plan had been completed. It is a team effort across many departments within the City. Highlights of the past quarter included Flintstone Technology Group relocated to the Industrial Park off of High Ridge Road. The operation will eventually include a non- profit segment that will work with the schools to provide a high -tech incubator and teach students about software development and robotics. Another success is the Mathnasium of Boynton Beach which tutors students from second grade through high school. It has created quite a few jobs. Changes in Land Development Regulations have resulted in the creation of a Transit - Oriented Development designation with minimum standards downtown to assist in bringing about a vibrant downtown area. It will have a more user - friendly structure and addresses connection charges that become effective December 1 The formation of many public /private partnerships has begun such as working with Workforce Alliance and Enterprise Florida. They will provide technical assistance and help businesses learn how to export products that will generate grants for the companies to use for trade shows overseas. Lastly, a new economic development website has been created -- byb2Boynton.com or Bring Your Business to Boynton. The latest economic development news is on the website. It is a fluid site that will only improve with time. It does list the incentives available, demographics for the City and why companies should be interested in relocating to the City of Boynton Beach. B Review draft of the City of Boynton Beach Special Event Economic Development Incentive Program Guidelines, Application and Evaluation Forms for discussion and approval. Ms. LaVerriere recalled during the workshops the Commission proposed special event type of programs be used to outline funding opportunities for community - related events. Support in the economic development arena was also discussed that could have a positive economic impact by bringing heads and beds to the City. Mr. Kline had put together the process and guidelines to provide support for special events that would be economic drivers. Mr Kline explained the name of the program was the Special Event Economic Development Incentive Program or SEED with a goal to incentivize events that will bring people to Boynton Beach. Guidelines for the applicants to meet have been established. The events should promote the City as a destination. It should increase the number of people who come to the City and provide benefits to the local existing businesses The event should bring in new money and result in overnight guests. 12 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 Financially, the proposal was to supply 50% of the total event costs as part of a grant, up to an amount to be approved by the Commission. The events should support other entities or groups and involve them in the event. The events should be accessible to the public in general, but not necessarily free of charge. The applicant would have to produce a marketing plan and some capability to implement the special event If the event is charitable in nature, it should benefit a Boynton Beach charity. Direction from the Commission was needed on whether or not it should be on a reimbursement basis or provide the money upfront as seed money. The other policy decision would be if the same entity could access the program for more than one year and /or establish a cap of perhaps three consecutive years It could be done on a first come, first serve basis until the funds are spent or an application cycle. A $5,000 cap per event was proposed. Ms. LaVerriere indicated there was $20,000 in the budget for perhaps four applications. The 50% of costs would be up to $5,000. Vice Mayor Hay asked for a recommendation on the seed money. Mr. Kline indicated the staff recommended up to $5,000 on a reimbursement basis. Vice Mayor Hay commented approval should be based on the type of event because it may be the event is unsuccessful and continuous funding would make it difficult to refuse future funding. Mr. Kline responded each event would have to be approved on an annual basis as a contingency. Ms. LaVerriere clarified a new application could be submitted each year for approval. There could be a three -year limit or no limit at all. Commissioner Merker suggested the first year be a trial period and then decide if second and third year funding would be appropriate. Mr. Kline advised a follow up report on the success of the event would be presented to the Commission. Ms. LaVerriere agreed the data should be developed on the economic impact of each event. There was discussion whether an application cycle should be utilized and the applications ranked for funding or approval given on a first come, first serve basis. Commissioner Casello favored the cycle approach so the events could be reviewed and undesirable events eliminated. There was consensus for an application period. C. Approve up to $5,000 in grant funds to the Florida Brewers Guild Association to offset costs of producing the South Florida Beer Festival at the Boynton Beach Intracoastal Park. The requested grant funds would come from a proposed grant program in FY 2014 aimed to increase the number of special events that bring economic development benefits to the City of Boynton Beach. Mr. Kline reviewed the first request for $5,000 of grant funds from the Florida Brewers Guild Association. It would be the pilot application and event. If an application period was desired, the time period would have to be established and advertised and more 13 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 information gathered from the Florida Brewers Guild. Ms. LaVerriere stressed this event is time sensitive and she did not want to see the event delayed. Carisse LeJeune, Assistant City Manager, interjected the staff recommendation was to use a first come, first serve basis to enable new businesses or organizations the opportunity to apply at any time rather than just in the beginning of the budget cycle. An excellent event could arise in the middle of the year that would benefit the community that would have to wait until the next application cycle. It is a Commission decision. Commissioner Casello stressed a good event could come in and there would be no more money available. Ms. LaVerriere suggested flexibility for the first year may be a better idea. The qualification period may not be appropriate at this time. The intent is to get the program underway and educate the public about the program. Commissioner Fitzpatrick was not convinced it would matter. If it is first come, first serve the most alert groups will be present the first day of the period. The money could all be gone a week after the cycle began. He supported the first come, first serve basis because he felt the money would be gone quickly. Motion Vice Mayor Hay moved to approve $5,000 in grant funds to the Florida Brewers Guild Association. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Commissioner Fitzpatrick had sought information if the new ordinances were similar to the food truck event. He understood it was not and questioned how the food truck event regulations were progressing. Commissioner Fitzpatrick thought Intracoastal Park should be a venue possibility for the food truck event. Ms. LaVerriere explained as far as special events, the mobile vending trucks did not fall under the special events program criteria The regulations are still being developed and the mobile vending ordinance. It should be brought before the Commission again in October. It is a separate program and codified regulations. Commissioner Casello questioned if the food trucks would be allowed at the South Florida Beer Festival. Ms. LaVerriere explained the Guild would have to provide food vendors and the trucks may be part of the proposal. The information and vendors would be the responsibility of the Guild D. PROPOSED RESOLUTION NO. R13 -086 - Authorize the City Manager, or designee to apply for and execute agreements and documents associated with 14 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 the Florida Recreation Development Assistance Program ( FRDAP) grant on behalf of the City of Boynton Beach. Wally Majors, Director of Recreation and Parks, explained the request to apply for a FRDAP grant. It is State grant that would allow for improvements to the Barrier Free Park on Congress Avenue. A video was shown to give an overview of the Park as it currently exists and the proposed changes. In 2004, the Florida Governor's initiative was to construct as many boundless playgrounds as possible throughout the State. Boundless refers to a concept that barriers are removed that would inhibit a child or adult with limited abilities to enjoy the facilities. It was discovered that well over 180,000 residents of Palm Beach County had some type of disability. A workshop with all the agencies that deal with disabled people was undertaken and a vision for a park emerged. In 2011, the groundbreaking was held and subsequently, the Park was opened in 2012. Debbie Majors, Grants Coordinator, explained large projects are usually completed in phases with multiple funding sources. Over $485,000 was received for Phase I through grants. A year delay, due to the economy, resulted in the loss of the $135,000 FRDAP grant and one of the largest features in the Park. The existing elements are trails, landscaping, lighting, some shaded play equipment and a picnic pavilion. It was funded through a Land and Water Conservation Fund grant of $200,000. The City's capital improvement program and public /private donations provided additional play equipment, swings, spinners, restroom facilities and the adjoining Tennis Center was improved. In the most recent application, the Tennis Center is part of the project site and how the matching funds will be found for the grant Palm Beach County funded a splash pad playground area. The request is to reapply for the $200,000 FRDAP grant, the maximum amount. It will assist in construction of the wheelchair accessible, multi- station playground. It is a large structure. There is a dollar -to- dollar match. It allows for new construction and renovations to existing facilities on the site There are tennis renovations that need to be done from the capital improvement budget and the renovations were approximately $100,000, half of the matching funds required for the FRDAP grant The Recreation and Parks Department will be partnering with the Trust for Public Lands to create a fitness zone. It is a non - profit that conserves land for parks, gardens and other natural places. Their goal is to bring more outdoor exercise areas to socialize and exercise. A fitness zone has nine basic units and there will be five additional accessible units that would focus on cardio, core, balance and strength. It will be free to all. A short video was shown illustrating the need for exercise zones There will be something new and exciting for the children and an area for adults to exercise. 15 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 The FRDAP grant will cover new development and renovations and the Tennis Center is very complementary to the Barrier Free Park and will provide access to wheelchair tennis exhibitions and tournaments or leagues. Funding for other type areas with special surfaces to protect the users will continue to be sought. If unable to find other funding, park impact fees will be used. Trust for Public Lands is raising half of the money for the fitness zones. The nine piece basic unit and five additional pieces will cost approximately $100,000. The City will match with $50,000 from park impact fees paid by developers and set aside for park development or improvements General Fund dollars will not be utilized. Future elements would include shade covering over the large piece of equipment, a therapeutic recreation center, some wetland restoration areas, a sensory garden and public art features Another video was shown featuring the accessibility of the playground equipment for all levels of disabilities. The Park is an amazing feature to have in Boynton Beach. Mayor Taylor was proud the City was involved in providing facilities for disabled children and adults. The funding sources were reiterated. Ms. LaVerriere highly praised Ms. Majors for her work to leverage and grow the funding to accomplish so much. Commissioner Casello inquired about the maintenance cost of the equipment. Mr Majors advised the modern playground equipment is very durable with very little maintenance cost The key was inspection and the equipment could go 10 to 15 years with very little maintenance. He stressed the concept is not just for children. It should be adaptable for all ages and sizes Vice Mayor Hay noted it was a fantastic, unique park that puts Boynton Beach on the map. He asked about the total land area available Mr. Majors replied the Park itself is 13.5 acres. The Tennis Center would increase the size to 24 to 25 acres. The southwestern corner is vacant and should lend itself to future development. A walking trail around the Park would be a nice addition. Nothing comparable has been found in the State of Florida Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 16 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 12. NEW BUSINESS A. Consider request by Commissioner David Merker to rename Oceanfront Beach Park Commissioner Merker emphasized the beach is an asset of the City of Boynton Beach. There is no legal issue with renaming the Park. The Mayor of Ocean Ridge gave his consent. Mayor Taylor agreed there is a misconception that the beach is not part of Boynton Beach. He had no problem with adding Boynton Beach to the name. Attorney Cherof advised a motion could include a waiver of the use of a committee to submit names for the Park. Vice Mayor Hay wanted clarity on the proposed name. Commissioner Merker opined it should simply be Boynton Beach. Mayor Taylor suggested the name, Boynton Beach Oceanfront Park. Commissioner Casello suggested the naming be given to an advisory board with some legitimate names for consideration. Vice Mayor Hay added that was the normal procedure. Commissioner Fitzpatrick agreed and felt the Recreation and Parks Board should be assigned the task. Mr Majors proposed, in this case, it may be appropriate to simply appoint the Recreation and Parks Board. Motion Commissioner Casello moved it be recommended to the Recreation and Parks Advisory Board. Commissioner Fitzpatrick seconded the motion. Commissioner Merker inquired if a Commission member would be part of the process. Mayor Taylor replied there would not be a Commission member. Ms. LaVerriere explained once the Board has a recommendation it would be returned to the Commission for final approval. Vote The motion passed unanimously. 13. LEGAL None 17 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 14. FUTURE AGENDA ITEMS A. Announcement of Second Budget Hearing to Adopt Final Budget and Final Millage Rate at the regularly scheduled City Commission Meeting to be held on September 17, 2013 at 6:30 p.m. in the City Hall Chambers B Announcement of Special City Commission Meeting for the Adoption of Final Fire Assessment Resolution to be held on September 12, 2013 at 6:00 p.m. in the City Hall Chambers Mayor Taylor read the two future agenda items since they were important announcements and mentioned the additional item requesting a closed -door session before the September 17 Commission meeting commencing at 6 p.m. Attorney Cherof added the members of the Commission, Michael Burke, the attorney defending the City, himself and the City Manager would be in attendance. Commissioner Fitzpatrick advised he would not be able to be present at 6 p.m. Mayor Taylor noted a quorum would be present and could proceed. Vice Mayor Hay encouraged all the Commissioners to visit the Ezell Hester Center in the afternoons between 6 p.m. and 8 p.m. to see the youngsters involved in the Little League football teams. There are over 350 children participating. It is encouraging and uplifting to see the enthusiasm and a well- organized venture. The games are played on Saturday afternoons 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 8:01 p.m. (Continued on next page) 18 Meeting Minutes Regular City Commission Boynton Beach, FL. August 20, 2013 CITY OF BOYNTON BEACH rry row L. Hay, mvio i - , memer, uorrnimssioner Wchael M,.f itzpattick. ComrAsioner ATTEST - �n. _ 9 v ��C M. Prainito, MMC l Casello, Commissioner 5dith A. Pyle, CIVIC eputy City Clerk 19 DEVELOPME - ORDER OF THE CITY COMMI& A OF CITY • BOYNTON BEACH, FLORIDA IIE PROJECT NAME: Public Parking Lot — 201 NE 1 Street (MSPM 13-002) � = APPLICANT: Vivian Brooks, Executive Director of Boynton Beach CF;M ��II II ii i1q 111111111111 111111 111111 1: APPROVAL SOUGHT: Major Site Plan Modification to construct a public parking lot on a 0.65-acre parcel located at 201 NE 1" Street, in the Multi-Family Residential (R-3) zoning district to support businesses and redevelopment efforts in the immediate vicinity. LOCATION • PROPERTY: 201 N E 1 st Street X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the aMlicant and heard testimonVi from t as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 1041M =11- mmyre 111 1 1 IN! N, S:\Planning\SHARED\WP\PROJECTS\Public Parking Lot - 2 | 3�01� ml� "IMF= FM MEM � \ \ \� \ \ \.. � ���� � ��� � u ca j / } H-am 2 / � \ } ml� "IMF= FM MEM � \ \ \� \ \ \.. � ���� � ��� � u ca j / } H-am 2 mm ■ ;I x k! 1PWT,7-,"Q M M �� <ywz M M �� 39"m 0 - la 1 1 5 11 ■ I OMEN a m IMI I 09 m I Jil -RIMN F�m �lljlmq MIA AL rMIFINI I z L0 x 4 1 911 z i ii U-j PHOTOMETRIC PLAN .......... EXHIBIT "C" Conditions of Approval Project Name: Public Parking Lot — 201 NE I" Street File number: MSPM 13-002 Reference: 2nd review plans identified as a.Major Site Plan Modification with a June 11, 2013 Planning and Zoning Department date stamp marking. DEPARTMENTS ROPER Comments: 1. On Sheet L-04 (Lighting Plan) - review Clear Zone for recovery x FDOT Green Book. 2. Boundary Survey — label boundary survey sheet on cover sheet and clarify the ownership issue with the adjacent owner to the north side x of parcel. 3. The irrigation plan shall follow the Waterwise irrigation design x guidelines when submitted to the City during the permit process. 4. At the time of permitting, the applicant shall provide documents and/or agreements (e.g., shared-use agreement, right-of-way permit, etc.) that are acceptable to the City Attorney, which allow for x placement of project landscaping/improvements on abutting lands or within rights-of-way. FIRE Comments: None IZORM Comments: None 1111111MI I I Comments: 5. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The x plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 6. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS x Division, and the Palm Beach County Emergency 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411-2741 (Sean Public Parking Lot — 201 NE 1 st Street (MSPM 13 -002) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE I REJECT McDonald — 561- 233 -5016) b. United States Post Office, Boynton Beach (Michelle Bullard — 561- 734 -0872 PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 7. If applicable, for projects with a valuation of $250,000 or more, the applicant is responsible for compliance with Ordinance 05 -060, the X "Art in Public Places" program, and should indicate the proposed location and the type of the art work proposed on the site plan. 8. The improvements proposed to the NE 1 St Street right -of -way of are not a component of this site plan and will be reviewed as part of the X future Right-of-Way Permit submittal. COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 9. Incorporate an additional two (2) handicap accessible spaces into the design of the parking lot. X 10. No overnight parking of vehicles. X CITY COMMISSION CONDITIONS Comments: 11. Eliminate condition of approval #9. X S:\ Planning \SHARED \WP \PROJECTS \Public Parking Lot - 201 NE 1st St \Conditions of Approval Exhibit C (post Comm.).doc