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Minutes 11-05-13MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, NOVEMBER 5, 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 Motion A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker Mayor Taylor called the meeting to order at 6 p.m. Roll was taken. Vice Mayor Hay gave the invocation. The Pledge of Allegiance to the Flag was led by Commissioner Merker D. Brand Promise Statement The Brand Promise Statement was read: "It is time to take a look at Boynton Beach, where recreation is a life style." E Agenda Approval: 1 Additions, Deletions, Corrections Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Commissioner Casello had received numerous calls about the removal of dead animals in the roadways. Since there was not a process in place due to budget cuts, he requested there be discussion on the matter at the next meeting to establish guidelines. There was agreement it could be added under Future Agenda items. 2 Adoption Vice Mayor Hay moved to approve the agenda as amended. Commissioners Merker and Fitzpatrick seconded the motion. 1 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Fitzpatrick had gone to the Pirate Fest on both days and it was well attended. He commended the CRA staff and remarked it was a credit to the City. Commissioner Fitzpatrick had been working with the County relating to the four acres of lakefront along Lake Ida. Both Mayor Abrams and Commissioner Valeche sounded supportive. A letter from County Administrator Weisman indicated the County plans to sell the acreage which would take the acreage away from Boynton Beach and the funds used for the western communities. There was a meeting with Rob Robinson, Director of the County Environmental Resource Management, who indicated there was not enough acreage to be useful for a project and they were not interested in trying to acquire the land. Vice Mayor Hay had gone to the Pirate Fest and re- dedication of the lobby at the Chamber of Commerce offices honoring Anna Theisman Barrett, a pioneer of the Chamber. Along with Commissioner Casello, Vice Mayor Hay read to many children. Commissioner Casello had attended all the events mentioned and really enjoyed reading to the children. The events in the City are a great opportunity to meet the public and he commended Wally Majors and the Recreation and Parks Department for their work on the events. Engaging the public as much as possible can only improve the City. Mayor Taylor had attended the Pirate Fest and re- dedication of the Chamber lobby. Vice Mayor Hay, Commissioner Casello and Mayor Taylor had attended the CRA seminar held in Tampa for three days and received a tremendous amount of information Mayor Taylor briefed the Commissioners on a program he was working on for presentation to the League of Cities luncheon to be held in Boynton Beach. During his campaign for Mayor he had met a man who related his story of being unable to support his family and find a job because he had a criminal record. Mayor Taylor researched the problem and found that 2,300 Boynton Beach residents had been booked into the Palm Beach County Jail last year and approximately 86 a year return to Boynton after being released 2 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 The opportunity to obtain employment is critical to a successful transition back into the community. The benefits are improved public safety, increased productivity, fewer crime victims and improved economic situation for the family and entire community. Mayor Taylor sought the assistance of others and partnered with the Criminal Justice Commission, The Lord's Place, Gulfstream Goodwill and Riviera Beach Justice Service Center who screen the participants to ensure they are serious about changing their lives. After the screening process and interviews, those eligible are assisted with finding jobs. There is also an effort made to find employers who need the skills of the individual and arrange for introductions. The program has managed to place three individuals with jobs. The federal government is providing tax credits and a bonding program to assist in minimizing the risk to employers if they hire those with criminal records. The free bonding program is designed to assist an applicant to obtain and maintain a job. The bond protects the employer from any loss of money or property due to employee dishonesty. Mayor Taylor announced the members of the group, called the Team of Hope. They were professionals in the community and would be willing to sign a letter of recommendation for those individuals in the program. They would call potential employers if necessary and become a mentor for one year of the person ultimately hired. The Criminal Justice Commission supported the program and hoped other municipalities would be willing to adopt the program. Vice Mayor Hay totally supported the concept and the program. He had talked with some of the individuals who have entered the program and was willing to do whatever he could to promote the program. Mayor Taylor stressed the program was helping only those persons with a connection to the City of Boynton Beach. Commissioner Casello added everyone deserves a second chance and the program is a great opportunity 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Boynton Beach Firefighter's Benevolent Association and the Boynton Beach Veterans Council are pleased to announce the dedication ceremony for the 9- 11 Memorial that will take place at Veterans Memorial Park on December 7, 2013 at 10:00 am. This memorial includes a piece of steel from the World Trade Center and is dedicated to all those who lost their lives as the result of the terrorist attacks in New York City, Arlington Virginia, and Shanksville Pennsylvania on September 11, 2001. Mayor Taylor read the announcement for the dedication ceremony on December 7, at 10 a.m. of a piece of steel from the World Trade Center 9 -11 attacks. It is dedicated to all those who lost their lives. 3 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Chief Carter confirmed the date and time of the ceremony It has been a community project starting with former Commissioner Bill Orlove and involved the Veterans Council in Boynton Beach, Lake Worth Monument and Public Works Department who did the foundation. With the exception of the work done by Public Works, all other costs were covered by private donations. B. Presentation of the Bridges at Boynton Beach place -based initiative being implemented by the Children's Services Council (CSC) of Palm Beach County and Pathways to Prosperity (P2P). Giving the presentation is John Bartosek, Chief Communications Officer for the Children's Services Council; Kimberly Bush, Executive Director of Pathways to Prosperity (P2P); and Valencia Spells - Anderson, a member of the Bridges mission. John Bartosek, Communications Officer for the Children's Services Council, introduced other staff members who were present. Valencia Spells- Anderson, a member of the community at Bridges, was also present. The Boynton Beach site is one of ten sites established. Ms. Spells- Anderson was a Bridges member and she explained her integration of her entire family into the program. There was a summer reading program that continues to engage her children. A family relationship was established with their support, counseling and providing reduced cost daycare. Ms. Spells- Anderson was very appreciative of the assistance she had received. Mr. Bartosek explained there is an in -depth report on the resources available in the Bridges communities and neighborhoods. It is census tract level, so it allows everyone working together to focus the resources where they are most needed. The report was available on their web site, www.cscpbc.org. There is a new literacy and reading campaign launched in late September with the School District. They participate with the Boynton Reads campaign and were very pleased with the support from the City. Mayor Taylor thanked the entire group for the work they do to fill a much needed purpose in the community. Vice Mayor Hay mentioned P2P was doing an outstanding job and he tried to direct as many people as possible to the P2P staff for assistance. C. Announce that The Links at Boynton Beach Golf Course team has won the Palm Beach County Interclub Championship for the 3rd year in a row. Mayor Taylor announced nine cities were involved in the competition and Boynton Beach won for the third year in a row. Commissioner Casello was a participant on the winning team and related it was more than a team. They were ambassadors for the 4 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 City as they visit various courses in other cities. The golf course is one of the City's greatest amenities. Ron Tapper, Golf Course Manager, indicated there were 11 clubs in the County involved. The competition is expanding every year. The Links team has won for three straight years. He thanked Mark Frederick for his initiative to put the teams together with the other clubs. There are nine players on the team. Mayor Taylor was very proud of the entire team. Ms. LaVerriere commended Mr. Tapper for the fantastic job he has been doing. 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) Lori Wilkinson, 2458 SW Cranbrook Drive, thanked those who helped with the Shred - a-thon. The Education and Youth Advisory Board made $1,100 that would be divided between community funds and the Bob Borovy Scholarship award. Ms. Wilkinson also reminded everyone about the Barrier Free 5K Walk/Run on February 8 to be held at the Barrier Free Park on Congress Avenue. Barrier Free indicates the Park is open to anybody of any abilities. All equipment is wheel chair accessible. The Park is not finished and the funds raised would be used to help finish the Park. The Realtors of Palm Beach are main sponsors of the event. Ray Whitely, from Boynton United, added to Mayor Taylor's remarks that his organization was humbled to be part of the Team of Hope. There was an individual with several degrees that could not get a job that received assistance. Finding employment makes a person less likely to commit crime. Mr. Whitely thanked Mayor Taylor for the opportunity to serve Boynton Beach in another capacity Mayor Taylor advised many job applications are ignored because the applicant has to reveal if there is a criminal record. West Palm Beach and Lantana have now taken that question off their applications to at least open a door of opportunity for an applicant. 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: 2 alternates 5 Meeting Minutes Regular City Commission Boynton Beach, FL Motion November 5, 2013 Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Code Compliance Board: 2 alternates Community Relations Board: 3 regulars and 1 alternate Education & Youth Advisory Board: 1 alternate Financial Advisory Committee: 2 regulars and 2 alternates Library Board: 2 alternates Recreation and Parks Board: 1 regular and 1 alternate Planning and Development Board: 1 regular and 2 alternates Senior Advisory Board: 1 regular and 1 alternate Veterans Advisory Commission: 1 regular Commissioner Fitzpatrick moved to appointed Renee Stern as a regular on the Recreation and Parks Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker appointed Tony LaRiccia as a regular on the Senior Advisory Board. Vice Mayor Hay and Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Vice Mayor Hay moved to appoint Janet Harris as an alternate on the Senior Advisory Board. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Motion Mayor Hay moved to appoint Karl Washington as a regular on the Veterans Advisory Commission. Commissioner Merker seconded the motion. 6 Meeting Minutes Regular City Commission Boynton Beach, FL Vote The motion passed unanimously. 6. CONSENT AGENDA November 5, 2013 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. Approve purchase of Two (2) LIFEPAK 15 model cardiac monitors /defibrillators and associated accessories from Physio Control, Inc. located in Redmond, WA as a sole source purchase in the amount of $50,916.20. B. PROPOSED RESOLUTION NO. R13 -119 - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426 and authorizing the City Manager to execute the Subordination Agreement. C PROPOSED RESOLUTION NO. R13 -120 - Approve Subordination Agreement allowing for a subordination of the City's Mortgage for Geraldine Williams and Johnny Williams of 270 N.W. 8th Avenue, Boynton Beach, Florida, 33435 and authorizing the City Manager to execute the Subordination Agreement. D. Approve the minutes from the Regular City Commission meeting held on October 15, 2013 E. PROPOSED RESOLUTION NO. R13 -121 - Approve an Agreement with Morton Salt, Inc., piggy - backing the Palm Beach County Bid Award for "Sodium Chloride, Solar Salt Quality, Bulk Delivery, Term Contract" based on Solicitation #13- 081 /SWC with Morton Salt, Inc. with the same terms, conditions, specifications and pricing. Estimated annual expenditure is $67,000 and authorizing the Mayor and City Clerk to execute the Agreement F. Approve the award of the Southeast Florida Governmental Purchasing Cooperative Bid #13- D -140F, issued by the City of Coral Springs as lead agency, for Temporary Employment Services to A & Associates; Albion Staffing Solutions, Inc.; Alpha 1 Staffing; and Tampa Service Co., Inc. d /b /a Pacesetter Personnel Services; on an As Needed Basis ". G. Approve award of Bid No: 005 - 2821- 14 /DJL "Purchase of Sodium Hydroxide Bulk Tank" to Harrington Industrial Plastics of Fort Lauderdale, FL, for the 7 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 purchase of a replacement sodium hydroxide bulk tank. The total cost for this purchase is $49,962.12. H. Approve award of Bid No: 004 - 2821- 14 /DJL "Purchase of Clearwell Transfer Pump" to Hudson Pump and Equipment of Lakeland, FL, for the purchase of a replacement clearwell transfer pump. The total cost for this purchase is $37,100 1. PROPOSED RESOLUTION NO. R13 -122 - Approve contract between the City of Boynton Beach and Golf Pipeline, Inc. to license a tee time booking service for "The Links" Boynton Beach Golf Course Commissioner Casello asked staff to explain the request. Mr. Tapper indicated the company assists in selling tee times that are not sold by the club naturally. There is a system called CompuTEE that sells tee times eight days in advance to permit holders and Links Club players who are registered in the system. It manages approximately 1,000 users. After the seventh and eighth day, Golf Pipeline then helps the course to sell times that are not reserved at the current rate. They get a 6% commission on the times booked. No discounts or premiums are given and it would not interfere with the other system J. PROPOSED RESOLUTION NO. R13 -123 - Approve a contract with McTeague Construction Company of Stuart, Florida; Bid No. 003 - 1810- 14 /JMA in the amount of $48,199 for the Interior Renovation and Improvements for Fire Station 5 - Police Dispatch. Staff is requesting a 10% contingency in the amount of $4,820 for a total approved amount of $53,019 K. Approve the piggy -back of State of Florida Contract 600 - 760 -11 -1 for Mail Processing Equipment. with Pitney Bowes for a sixty (60) month lease for Mail Processing Equipment, Meter, 15" Color Touch Screen; 10 Ib. Integrated Scale, Wireless Keyboard, Barcode Scanner and delivery, installation, and training for a five year total amount of $36,660.00 to be paid in monthly lease payments of $611 L. PROPOSED RESOLUTION NO. R13 -124 - Amend the FY 2012 -2013 budget to adjust budgeted appropriations to provide spending authority to maintain and carry on the government of the City of Boynton Beach including operating expenditures, transfers to other funds, and necessary capital outlay for FY 2012 -2013. M. PROPOSED RESOLUTION NO. R13 -125 - Ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their October 17, 2013 meeting and give authorization to amend Section 12 of the board 8 Meeting Minutes Regular City Commission Boynton Beach, FL rules to delete "Supplement for Relief Operators" and replace with "Supplement for Day Lead Operators and Mechanics ". 7. BIDS AND PURCHASES OVER $100,000 November 5, 2013 A. Approve the First One Year Renewal of the piggy -back of the Office Supplies Contract No. 618 - 000 -11 -1 between the State of Florida Department of Management Services and Staples Contract and Commercial, and Office Depot, Inc. under the same terms, conditions and pricing for an annual estimated expenditure of $175,000. Motion Commissioner Merker moved to approve. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously. B. Award Bid No. 078 - 2511- 13 /JMA, "TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES" to Image Janitorial Services, Inc. of Lake Park, FL. The estimated annual expenditure is $242,098.44 plus $50,000 for additional services, unscheduled /emergency cleanings, and personnel background checks for the contractor's staff for a total estimated annual expense of $292,098.44. This bid allows for two (2), one (1) year renewals. Motion Vice Mayor Hay moved to approve and Commissioner Casello seconded the motion. Vote The motion passed unanimously. C. Approve utilizing the State of Florida Mobile Communication Services (MCS) Contract for wireless data services with Verizon Wireless and cellular phone services with AT & T, Sprint, and Verizon for various City Departments. The anticipated annual expense is approximately $140,000. The State of Florida competitive procurement requirements equal or exceed the City of Boynton Beach bid requirements. 9 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Motion Commissioner Fitzpatrick moved to approve. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve or modify the Code Compliance Board's Lien Modification Order in case #09 -3230 filed 7/9/13. The owner advised he had bought the vacant property that had many Code violations in April. After the purchase, he immediately cleaned up the property within 45 days and applied for a lien reduction. In late June he went before the Code Compliance Board and felt he was penalized for cleaning up the property, even though the bank and previous owner had not. He was assessed $3,700 above the administrative costs and appealed the decision. Mayor Taylor pointed out the Code Board reduced the fine from $304,230.15 to $3,730.15. The owner was requesting further reduction. He had corrected all the deficiencies. The administrative costs were $730.15 that is the actual cost to the City. Commissioner Merker understood the appellant innocently bought the property and corrected the violations. Commissioner Merker asked if the appellant had the lien explained to him. The appellant understood if the property was renovated, only the administrative costs would be assessed. He had documentation of the monies he had spent for improvements and asserted it was now one of the nicer houses in the neighborhood. Commissioner Merker felt it should be reduced or eliminated if the extra costs were not defined or outlined at the time of purchase. Mayor Taylor pointed out the purchaser is aware of the liens at the time of the sale. Mayor Taylor agreed the goal is for compliance and he supported assessing only the administrative fee of $730 15. Commissioner Fitzpatrick located the property at 215 SW 1st Street and acknowledged the liens are handled on a case -by -case basis, but felt the Commission should set some guidelines to address these situations. As pointed out, the appellant did not cause the problems or ignore the issues for years as some banks have done. The property is back on the tax rolls and Commissioner Fitzpatrick agreed with Mayor Taylor to set the fine at administrative costs. 10 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Vice Mayor Hay also agreed with the reduction. He did question staff what the basis was for the reduction to $3,730.15. Diane Springer, Code Compliance Coordinator, replied the Code Board assesses each case and bases the determination on the time it took to gain compliance, the severity of the violations, impact on the neighborhood and how long the property owner had the property before there was compliance. She pointed out the property had other municipal liens and water bills that the owner satisfied. Commissioner Merker did not understand why there was a fine assessed at all. There was not any explanation of the new owner's responsibilities and costs. Attorney Cherof advised the liens are purchased with the property. The owner is responsible for the liens and had knowledge of the liens at the time of purchase. The appellant advised the fines were approximately $300,000 associated with the property that is assessed at $72,000 If the fines had to be paid, the property would be abandoned and have to be torn down. He admitted he knew when he purchased the property he was assuming the Code violations. Commissioner Merker retracted his prior position and supported the costs being collected. Commissioner Casello emphasized the City needed a strong Code Department, but there was no formula or standard on reducing the fines other than at the discretion of the Board. Ms. Springer interjected the State statute requires each case be individually assessed and is at the discretion of the Board. Commissioner Casello noted the goal of the Code Department was for compliance and that had been done. Ms. Springer further noted the administrative costs are for inspections up to the time of the hearing plus filing fees. The lien reduction process involves further inspections that are not assessed in the costs. Ms LaVerriere pointed out the cost of further inspections are not included in administrative costs by Florida statutes. Commissioner Casello concluded the owner had done everything as requested, put a piece of property back on the tax rolls and was in favor of reducing the fines. Motion Commissioner Casello moved to reduce the fine to administrative costs of $730.15. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 11 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 B. Approve or modify the Code Compliance Board's Lien Modification Order in case #11 -852 filed 9/16/13. An attorney representing the purchaser of the property at 729 Ocean Inlet Drive advised the property was purchased at a foreclosure auction on February 16, 2012. The purchaser was unable to obtain possession until June 2012 when the tenant's lease had expired. Once possession was gained, the repairs were done to bring the property up to Code. There was a $1,000 per day pool violation. Over $120,000 was spent to bring the property into compliance. Due to the extensive violations, it took over six months to get the repairs completed in December 2012. The purchaser understood the process and had bought several properties in Boynton Beach. He was looking for a reduction in the fine that was assessed. Commissioner Casello pointed out the original fine was $706,000. The Attorney acknowledged there was extensive damage and fines were being assessed for almost four years. The property was going through foreclosure for a long period of time. Mayor Taylor inquired if the $1,000 a day fine was high because it was a pool issue. Ms. Springer confirmed it was an unsecured, dirty pool. Mayor Taylor noted it was a safety issue. The Attorney added the previous owner let the property go into foreclosure in 2009 and the current owner did not take possession until 2012 and immediately took the necessary measures to rectify the situation. Mayor Taylor indicated the Code Board reduced the fine to $70,600. The administrative costs were $826.18. Commissioner Fitzpatrick wanted staffs version of the case. Ms. Springer had documentation the case complied on June 1, 2013; the first time the Code office had been called to verify compliance. The case complied and the property was inspected again on August 1 to do a lien reduction inspection and the Code Officer found the pool was still unsecured. There was also a water heater installed without a permit. There was another inspection on August 20 and the lawn had not been mowed and there was trash all over the property. On August 26 the property passed inspection for lien reduction. Ms. Springer could not verify the Attorney's rendition of the events as they transpired She did note the property was listed as vacant at the time it was cited. At that time it was owned by US Bank National Vice Mayor Hay saw very little difference between the two cases on the agenda. The current owner did not own the property at the time of the violations and when he did gain access to the property, it was brought into compliance. 12 Meeting Minutes Regular City Commission Boynton Beach, FL Motion November 5, 2013 Vice Mayor Hay concluded the fine should be the administrative costs of $826.18 Commissioner Casello questioned how the fine went from $706,000 to $70,000. It seemed to be an arbitrary decision process. Ms. LaVerriere reminded the Commission the Code Compliance staff does not take part in the decision making. It is solely the Code Board members who discuss the issues and make a decision. Ms. Springer noted the decisions are made based on the facts presented. She felt a consideration was the fact a second inspection revealed the pool remained unsecured. Commissioner Casello seconded the motion. Commissioner Merker sought more definition that the purchaser understood there were liens and the associated costs and violations. He was confused why a fine was assessed, and then decreased without guidelines. Mayor Taylor attempted to further explain the process as a negotiation between the property owner and the City to accept less. Commissioner Merker felt guidelines within a timeframe should be decided before the purchase rather than after the purchase. Mayor Taylor summarized it was a risk the purchaser assumed. Commissioner Fitzpatrick called for a vote on the question. Vote The motion passed 4 -1 to reduce the fine to $826.18 (Commissioner Merker dissenting). Vice Mayor Hay suggested staff review the process to establish some type of procedure to ensure consistency. Mayor Taylor asked if the appointment of a Special Magistrate would clarify the issue. Ms. LaVerriere noted one individual, a lawyer, would be making the decisions rather than a Board of residents. Mayor Taylor concluded the City was moving forward to improve the process. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 13 Meeting Minutes Regular City Commission Boynton Beach, FL Motion Motion 14 November 5, 2013 A. PROPOSED ORDINANCE NO. 13 -029 - FIRST READING - Amending the Land Development Regulations updating the Zoning Use Matrix to include Showroom/Warehouses as a new principal use and provide definition and regulations. Applicant: City- initiated - (TABLED ON OCTOBER 15, 2013) Vice Mayor Hay moved to remove the Item from the table. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 13 -029 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 13 -031 - FIRST READING - Approve Abandonment request for a portion of NE 4th Avenue between Federal Highway and NE 4th Street, in the CBD (Central Business District) Applicant: City- initiated. (REQUEST TABLING TO NOVEMBER 19, 2013) Ms. LaVerriere asked the matter be totally removed from the agenda. More work is needed on the item and it may come back in the future. Vice Mayor Hay moved to remove the Item from the agenda. Commissioner Casello seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Discuss parking fee collection and maintenance at Oceanfront Park. Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Ms. LaVerriere indicated staff had compiled information on the current costs to fund maintenance and identified problem areas. There were also questions relating to parking costs. Commissioner Merker remarked the beach is one of the City's greatest assets. A letter had been received from the Police Chief of Ocean Ridge regarding the park. The asset has to be maintained continuously to attract tourists. The Commission and residents should do everything to maintain and even improve its attributes. It is important for the future. Commissioner Fitzpatrick pointed out October 1 began the new fiscal year. The budget is the road map or plan for the year and there are no funds not allocated to fund a new initiative. These types of switches in the budget take staff time away from more productive work. The issue should have been discussed during the budget workshops. The best time to discuss the matter would be July 2014 for next year's budget. Commissioner Merker contended ideas have to be viewed as future projects with a three to five year plan as is done in private businesses. It is a big asset with future implications. Commissioner Casello inquired if the parking fees collected were a positive cash flow. Wally Majors, Director of Recreation and Parks, reported last fiscal year the parking fees generated $361,000. There were 3,207 resident annual parking permits, 29 non- resident seasonal parking permits and a few rental car permits for a total number of permits at 3,457. It also includes the money generated from the snack bar of $21,400. It takes approximately $600,000 to operate the Park including lifeguards, parking attendants and park maintenance. Vice Mayor Hay noted there was $58,062 budgeted for parking attendants. Adding five hours and two attendants would add $41,464 bringing the total cost to $99,526 On the other side the additional revenue would only be $41,000 with a net return of only $11,836. The revenue would not offset the negative impact. Vice Mayor Hay agreed some upgrades could be done to improve the appearance, but he did not want to reduce other park maintenance. His recommendation was to keep the status quo and increase the amenities for the future users. Mayor Taylor pointed out the beach decal cost was now $40 and it was very reasonable for an entire year. He did not support increasing the open hours. Those enjoying the Park before and after normal hours enjoy a benefit that should not be changed. Adding employees to the payroll had not been budgeted and he agreed with Commissioner Fitzpatrick's concern about the budget. It is a treasure that should be maintained. He cautioned any significant changes have to be approved by the Town of Ocean Ridge. 15 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Commissioner Merker clarified he was not suggesting more money be spent. He simply wanted to plan for the future. The asset had to be protected with planning. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consideration of providing the Boynton Beach Community Redevelopment Agency (CRA) Board the authority to act as a review and recommendation body for major site plan applications for projects located within the CRA District boundaries. Mayor Taylor reviewed the request. Commissioner Casello summarized the request was to eliminate the Planning and Development Board review of projects that fall within the CRA District. He understood the same issue was discussed in 2011 and both Mr. Rumpf, Planning and Zoning Director, and Vivian Brooks, Executive Director of the CRA, opposed the transfer of review. Buck Buchanan, CRA Board member, thought the CRA Executive Director did support the change at this time. There are important reasons to support the change. The first consideration is the money aspect and incentives the CRA controls. The CRA has specific design guidelines and controls much smaller parcels. At the present time, a developer could present a project in the CRA district to the Planning and Development Board without ever talking to CRA staff or the CRA Board. The Planning and Development Board does not necessarily consider the CRA design guidelines and philosophies There will be more special districts in the future such as the proposed cottage district. Mr. Buchanan gave examples of projects that could have been designed differently if the plan were reviewed from the prospective of the CRA design guidelines. Smaller parcels and projects would be more likely to avoid the CRA design guidelines and pass on incentives to avoid compliance. As Boynton Beach grows the CRA needs to be able to control the development in their district according to the Master Plan. The only extra staff time would be if the CRA Board sent a project back through the Planning and Zoning department. Vice Mayor Hay understood the comments made, but noted there is a technical advisory group that meets with all the parties including the CRA to address any issues. He did not want to see another layer of bureacry. There needs to be consistency in meeting the Codes as written which is the responsibility of the Planning and Development Department. Vice Mayor Hay asserted it would be double work for the CRA staff and result in a duplication of opinions when the Commission and CRA Board 16 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 have the same five members. If another independent Board were established, the idea could be revisited. There needs to be a collaborative effort from the beginning. Vivian Brooks, Executive Director of the CRA, had worked under both systems. She agreed with Mr Buchanan that the CRA does not capture all projects. All projects are reviewed by the CRA, but some comments are not Code related and cannot be enforced. It may be acceptable for the design guidelines, but Code regulations are different. A project could go through site plan approval and then come to the CRA Board for funding. It would be difficult to encourage a better project at that point. The CRA Board is not the legal body at this point The design guidelines of the CRA are older and there are inconsistencies with the Code that should be addressed. A town square planning session may result in some styles and color pallets approved that could be applied without having the CRA Board act as the quasi - judicial board. A training session with the Planning and Development Board could be conducted once the guidelines are consistent with the Code. Vice Mayor Hay inquired why the guidelines could not be enforced with conditions of approval. Ms. Brooks replied they could be, but not from the staff level. Attorney Cherof advised the conditions of approval are recommendations and have to be based on some Code revisions. Ms. LaVerriere suggested potential future guidelines could be adopted into the Code to make it more enforceable. Mayor Taylor suggested the design guidelines have not been updated and are general in nature and should be discussed in a workshop. Guidelines could be established and adopted into the Code and educate the Planning and Development Board. A workshop would be beneficial for all. Commissioner Merker agreed with Mayor Taylor. Another important aspect is that the CRA and Commission are the same except for the two citizen members. He liked the Planning and Development Board input because they are the people and not elected officials and the CRA Board is a combination of both. Ms. Brooks recalled updating the design guidelines is part of the strategic plan for the CRA. Commissioner Fitzpatrick asked how much difference there was between the design guidelines and Code. Ms Brooks agreed they would have to be reviewed line -by -line. There are minor differences. Commissioner Fitzpatrick wondered how much the guidelines should vary from the rest of the City Nancy Byrne, Director of Development, clarified the approvals discussed by Board Member Buchanan are minor modifications and would not go before the Planning and Development Board. Those guidelines are reviewed by staff and turned around very 17 Meeting Minutes Regular City Commission Boynton Beach, FL quickly because they are mostly facade changes. Owners are not made to go before the Board for facade changes. The process could be changed; however, she cautioned a two week process would become a 90 day process. There could also be additional costs involved and risk disincentivizing construction in the CRA district if it becomes more onerous than development and construction City -wide. Ms. Byrne also pointed out the changes in color pallets is an intensive analysis and may be a next year budget discussion to include urban designers and specialized knowledge of colors. Different guidelines could cause a developer to hesitate and reconsider site locations. Commissioner Fitzpatrick suggested changes in the site plan approval process may be the best approach and Ms. Byrne agreed. She noted requests for facade changes cannot be an open door to impose other standards and increase costs. Ms Brooks concurred because older buildings can be expected to strictly adhere to design guidelines. It would be cost prohibitive even with incentives. There had to be some space to accommodate interim uses for transitioning in redevelopment areas. Mayor Taylor suggested the discussion be pulled from the agenda until a workshop can be held. Motion 18 November 5, 2013 Commissioner Merker moved to pull the Item from the agenda until a workshop can be held. Vice Mayor Hay seconded the motion Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 13 -030 - SECOND READING - PUBLIC HEARING - Approve Ordinance providing for use of Special Magistrate for Code Enforcement/Lien Reduction Matters Attorney Cherof read Proposed Ordinance No. 13 -030 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Merker seconded the motion. Vice Mayor Hay seconded the motion. Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Commissioner Casello wanted a formula to reduce fines so it can be consistently applied whether there is a Magistrate or a Board. Commissioner Merker alleged a Magistrate was an attorney and interpreted the law Hopefully it would reduce the timeframe and give more definition to be more user friendly Commissioner Fitzpatrick wanted an opinion from the City Attorney. Attorney Cherof advised parameters would be established when the Magistrate is brought on board. Specific parameters could violate the underlying statutory requirements that there be a factual determination and the factors to be considered. It would be part of staff's presentation to the Magistrate that would be consistent and not arbitrary. Mayor Taylor emphasized he had sat on the Code Enforcement Board and it was very difficult to write rules to fit all circumstances. Every case is different. Attorney Cherof pointed out the circumstances surrounding speculation on properties for sale varies tremendously. The costs can be vastly different, as can the selling price when the property is ultimately sold. The lien could have a big impact or little or no impact. Commissioner Merker asked if it should be the concern of the Commission to consider the purchase price and selling price. Attorney Cherof assumed the history of lien reductions in the City is a factor in the risk assumed by the purchaser. Commissioner Merker argued the purchasers are aware of the liens at the time of purchase and should assume the debt. Attorney Cherof agreed to work with staff on presenting the cases to the Magistrate if approved Motion Commissioner Casello moved to approve the Ordinance. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B PROPOSED ORDINANCE NO. 032 - FIRST READING - Approve changes to Chapter 26 - Article IV and V— of the City's Code of Ordinances pursuant to Chapter 62 -555 of the Florida Administrative Code (FAC) and the Florida Plumbing Code. These codes regulate Backflow Prevention and, Oil and Grease Management programs; the revision will be effective December 1, 2013 19 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Attorney Cherof read Proposed Ordinance No. 13 -032 by title only on first reading. Motion Vice Mayor Hay moved to approve the Ordinance. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion C. PROPOSED RESOLUTION NO. R13 -126 - Approve the one -year renewal to the Towing Franchise Agreement with Beck's Towing and Recovery, Inc. and Zuccala Wrecker Service, Inc. under the same Terms and Conditions but with an annual Franchise Fee of $95,000 for each vendor and to authorize the City Manager to execute the renewal agreement. Commissioner Merker moved to approve Resolution No. R13 -126. Commissioner Casello seconded the motion Mayor Taylor opened the issue for public hearing. David Floering, 417 NE 6 Avenue, and representing his corporation, Eastern Auto Body and Eastern Towing and Recovery, commented when the original contract was drafted in 2009, 2010, he had pointed out the potential criminal activity and corruption involved with towing contracts. Since that time Mayor Rodriguez has been arrested and jailed, several Commissioner resigned and Vincent Guerrera of Collision World was arrested for insurance fraud involving the City's towing franchise holders. Mr. Floering alleged the franchise holders sell the jobs to the body shops, pain clinics, attorneys and PIP fraud. It is the only way they can afford the high franchise fees. The County regulated fees paid by the customers would not cover the fees paid to the City. Mr. Floering was against any renewal of the contracts and asserted the approval of the contract makes the current Commission part of an organized scheme to defraud the motoring public. Mr. Floering admitted he was publicly calling Mr. Zuccala and Mr. Beck crooks and invited them to sue him. Mr. Floering suggested the franchise fee be raised 10 %. No one else coming forward, Mayor Taylor closed public comment. 20 Meeting Minutes Regular City Commission Boynton Beach, FL November 5, 2013 Commissioner Merker asked if there was any personal liability assumed by voting yes to renewal of the contract. Attorney Cherof advised it was not illegal for a Commissioner to vote yes on the subject matter. Commissioner Casello was unfamiliar with Mr. Floering, but he found it offensive to have Mr. Floering call citizens crooks in a public setting and he did not appreciate the comments. Any issues should be addressed to the State Attorney and not aired in Commission Chambers. Commissioner Fitzpatrick had mentioned the franchise fee during the budget workshop. He did not think it was good economic policy and it reduces competition and is against the tenets of capitalism. He would prefer it not be in the budget, but it is. The matter was decided when the budget was passed. He would address the issue again in the next budget workshop because he felt it was the wrong way to collect money for the City Ms. LaVerriere interjected the Palm Beach County towing ordinance that is overseen by the Division of Community Affairs of Palm Beach County or Consumer Affairs set fixed rates on towing. The competitive factor has not been eliminated. The two companies are long -term, long- standing businesses in the City. The rates are fixed on what can be charged The crux of the service provided for the City is regulated by County ordinance. Commissioner Fitzpatrick felt the hungry, new guy may need a chance and the contract eliminates their participation. Competition is the best way to keep prices down and have a fair product. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A Review and Approval of the City of Boynton Beach 2014 Legislative Agenda - 11/19/13 B. Approving an Ordinance amending the General Employees Pension Plan to include amendments that were made during the last legislative session to the Florida Statutes effecting pension plans - 11/19/13 C. Adoption of City of Boynton Beach Strategic Plan - 11/19/13 D. Consultant selection from RFQ for new Police Department space needs study and facility design services. 11/19/13 21 Meeting Minutes Regular City Commission Boynton Beach, FL 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 8:23 p.m. ATTEST: jet M. Prainito, MMC y Clerk transcribed by Pith A. Pyle, CMC Deputy City Clerk CITY OF BOYNTON BEACH vo• David T. Merker, Commissioner 22 Casello Commissioner November 5, 2013 patrick, Commissioner