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Minutes 06-03-14MINUTES OF THE CITY COMMISSION MEETING HELD IN CHAMBERS AT CITY HALL, 100 BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 3, 2014, AT 6:30 P.M. PRESENT: Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor B Invocation C Pledge of Allegiance to the Flag led by Vice Mayor Casello D Brand Promise Statement 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Mayor Taylor called the meeting to order at 6:30 p.m. Roll call revealed a quorum was present. The invocation was given by Reverend Woodrow Hay followed by the Pledge of Allegiance to the Flag led by Vice Mayor Casello. The Brand Promise Statement was read as follows: "It is time to take a look at Boynton Beach, complemented by excellent schools with a mission to educate, nurture and inspire." E. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Casello pulled Items 6 A and 6.D for discussion and Mayor Taylor pulled Item 6.E. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner McCray had attended the Memorial Day celebration at the Boynton Beach Municipal Cemetery. It was well attended and very solemn. Commissioner Merker referred to a newspaper article calling for the dismissal of the City Manager and that he found it to be out of order, childish, infantile and unprofessional He hoped the negotiations would continue to conclusion. The Police Department is very important to the City; however, the current actions were unprofessional. He looked forward to the next step in the process with the LeCesse Group and development on Ocean Avenue. Commissioner Merker was impressed with a recent event at Boynton Beach High School and admired the respect exhibited between the staff and the students. The issue of public schools versus charter schools should be a concern for all citizens, especially during the upcoming elections in August. He strongly supported the public school system. Lastly, he remarked about the new signage at Boynton Beach Oceanfront Park that was recognized as one of the top beaches in the country. Vice Mayor Casello reported he had attended the COWBRA meeting as the City delegate, observed Memorial Day at Boynton Beach Memorial Park, attended the Purple Tie Gala sponsored by the Boynton Beach Community High School and the Palm Beach Business Awards ceremony. He was elated that the Boynton Beach taxable property values increased by 8.2% or $4.2 billion. For those with Homestead Exemptions, the increase in taxes is capped at 1.5 %. Commissioner Fitzpatrick pointed out that it was reported that Boynton Beach citizens use 131 gallons of water per day compared to 320 for Boca Raton, 232 for Delray Beach and 253 for West Palm Beach. The average for Palm Beach County is 166 gallons per person, per day. The citizens are exercising water conservation better than most others Mayor Taylor was at the Memorial Day ceremony and the Purple Tie Gala that introduced the Boynton Beach School of the Arts. The school became an "A" school and was chosen to become the southern branch of Dreyfoos School of the Arts. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor indicated Item 3.B would be discussed prior to Item 3 A. A. Report by Commissioner Michael Fitzpatrick on his trip to Les Cayes, Haiti as City delegate with the Greater Boynton Beach Sister Cities program (Commissioner Merker left the dais). Jeanne Heavilin, of the Sister Cities Committee, reported the City has two Sister Cities. One is located in Qufu, China and the second is in Les Cayes, Haiti on the southwest coast of Haiti. A delegation had traveled to Les Cayes a month ago. The initial flight was to Port-a- Prince with an additional four or five hour drive to get to Les Cayes because there are only two lane highways. The members of the delegation and Sister Cities Committee thanked the Commission for allowing Commissioner Fitzpatrick to represent the City and the Committee. The purpose of the organization is to promote international exchanges, connect globally and thrive locally. Two possible programs with Les Cayes were discussed. There were several improvements in the City from the last trip four years ago with some redevelopment ongoing. The objectives of the visit were to develop strong relationships with the leaders and to identify potential partners specifically dealing with fire, safety and youth programs. (Commissioner Merker returned to the dais). Jude Avril, President of Sister Cities in Boynton Beach, reviewed a presentation of pictures of the various points of interest in Les Cayes and the events the delegation attended. They met with several of the local officials. Gifts were exchanged. The only fire protection available is at the airport and training and equipment is desperately needed. Ms. Heavilin continued explaining the many pictures of the trip including various youth activities. There was a local television station that interviewed the delegation. The winners of the Young Artists and Authors contest from Les Cayes were recognized. The Mayor and Judge committed to work on youth programs and other exchanges. Commissioner Fitzpatrick thanked the Sister Cities Committee and the delegation. He gave a gift to each of the Commissioners of coffee from Haiti. B. Legislative Update by District 88 Representative Bobby Powell Representative Powell gave an update on what did and did not happen during the recent legislative session. A $77.1 billion budget was passed and the Governor vetoed $70 million. Educational funding was increased and will be seen on many tax bills. Some monies were taken from the Affordable Housing Trust Fund, but not as much as 3 JUNE 3, 2014 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 previously used There will be an increase in monies for SAIL and SHIP funding. The juvenile sentencing bill passed that would give those imprisoned as children, after 25 years, to have their case reviewed for possible parole. Currently youths between the ages of 14 and 17 can be directly filed into the adult system depending on the crime. Representative Powell established a criteria to be reviewed by the State Attorney before a direct filing can be done. The Charlotte's Web Bill passed that allowed medical marijuana to deal with certain ailments. It would not affect Amendment 2 that would be on the November ballot. The bill that was passed allowed other types of marijuana that helps those with chronic medical illnesses. There was a bill related to Sober Homes requiring registration and voluntary certification that would police the homes to act in good faith. The bill passed in the House, but not the Senate. There was no movement on the issue of affordable health care. It was hoped Medicaid could be expanded in the State so everyone can have access to health care. Some are working full time jobs and cannot afford health coverage and do not qualify under the Affordable Care Act. He hoped next year there would be more progress on the issue In his opinion, the concept of allowing families who make up to 260% of the federal poverty level, at $60,000 for a family of four, to get a voucher to take children out of a public school to go to a private school, was wrong. It could severely handicap the public school system. The legislative session was somewhat bland, but he looked forward to representing his district next year. He recognized his assistant, Delano Allen, who works in his office at 2715 North Australian Avenue. Commissioner Merker offered kudos relating to the education issues and applauded Representative Powell's efforts to direct more money to the public schools rather than charter schools. He expressed disappointment on the loss of Federal funding for Medicaid The health care system has to be revamped for all people Commissioner McCray addressed the issue of legislation regulating Sober Homes because District II has over six Sober Homes already Representative Powell was committed to revisit the issue in the next session 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) 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 Steven Grant, 136 NE 3rd Avenue, Chair of the Financial Advisory Committee, promoted the budget survey to assist the Committee to address the concerns of the residents and business owners. John Kazanjian, President of the Palm Beach County Police Benevolent Association, was representing over 150 police officers. He was offended by Commissioner Merker's remarks and asserted they were not acting childish. None of the Commission had met with any of the representatives and had been advised by the City Attorney not to meet with the Union delegates. It would not be end -run bargaining. Mr Kazanjian wanted the opportunity to discuss their side of the story with each Commissioner. There was an attempt to ratify a contract that failed. One article was the issue. The December 3rd ratification vote resulted in 122 no votes and only four yes votes. When negotiations continued, the Union assumed every other article was resolved, however, the City opened each article again. He met with the City Manager and requested cooperation and offered to settle all articles with the exception of wages. He contended at the next session Attorney Cherof disagreed there had been any agreement with the City Manager and wanted to revisit each article. The Union members and their families are frustrated. It is a cry for help. There were even assurances from the Chief of Police that there would be a resolution, but Attorney Cherof again wanted to address every article. He requested to meet with the Commission since negotiations had failed. Mr Kazanjian was offended the City Manager had said one thing and done another. Even the arbitrator in another case questioned the integrity of the City Manager. Many in the department are extremely unhappy and the problems have to be addressed. There needs to be resolution to the problems. There would be extensive legal fees if the matter goes to a special magistrate. He suggested a motion be made to direct the City Manager to get a proposal from the Sheriff to determine the savings to the City of Boynton Beach. He was willing to meet again Mayor Taylor gave Ms. LaVerriere the opportunity to publicly respond. Ms. LaVerriere requested Mr. Kazanjian abandon the guerilla tactics and resume negotiations in a professional manner with appropriate conversations. She had considerately met with Mr. Kazanjian knowing what he would do with the remarks made. Ms. LaVerriere stressed it would be illegal for her and him to make promises or negotiate the contract. His allegations regarding the meeting are incorrect and she reiterated it was not legal to do so and she had no authority to make promises or negotiate or bargain with Mr. Kazanjian at a courtesy meeting. She concluded she was not a liar and he was a liar. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 Mayor Taylor commented the City Manager and City Attorney are directed by the Commission to make the offers agreed upon by the Commission and then return to the Commission with any counter offers for consideration. Commissioner Merker remarked he had learned there are three sides to every story. He questioned who made the decision to make the comments public and use the media to promote their views. He agreed more negotiation was needed, but not in an unprofessional manner as demonstrated. Mayor Taylor added the argument the Commission had only heard one side of the story was extended when the Union members and representatives immediately left without hearing any response from the City. Mayor Taylor indicated he was very proud of the Police Department and it was outstanding He receives positive feedback from residents who felt safe in the City of Boynton Beach. The Commission wants to be fair with the Police as far as pay and benefits. He had no problem with the wages being earned because it is a very dangerous job. The Commission raised the millage rate to give the employees a pay raise after the four years without increases. All employees received the 3% increase this year. The demand was for 4% for each year without a raise for a total of 16% increase. The City cannot give what it is not available. There was hope the raises could be better with the next budget year. The negotiations are at impasse; however, there can be no further negotiations without your cooperation and willingness to discuss the issues. Mayor Taylor reiterated he supported the Police Department and he wanted the public to know exactly what was transpiring. The Commission would be doing their best to support the Police Department. Mayor Taylor was concerned that the representative from the Sheriff's office was negotiating rather than serving as a representative from the Boynton Beach Police Department. The Commission had previously voted against joining the Sheriff's office. Mayor Taylor strongly supported maintaining a local police department. Commissioner Merker commended the Police Chief for his presentation to the citizens and the respect and demeanor he conveys for all police officers. Chief Katz has not been in the position for a full year at this time to even be evaluated. The threat of going to the County Sheriff's office was unrealistic since individuals can make career changes at any time. He applauded the Police Chief and City Manager and totally agreed with Mayor Taylor's remarks. Vice Mayor Casello felt the frustration and understood the negotiation process. They have been contentious and it can be stressful. There are professionals on both sides and a resolution would be forthcoming. Commissioner Fitzpatrick viewed the issue that the economy and property values deflated and the increase of 5% in the property values remains far below the peak levels when the last contracts were negotiated. The salary increases negotiated at that time were based on inaccurate information. The wages were frozen for four years. An 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 offer was made for all employees to receive 3% and all other unions accepted the pay increase. The disagreement revolves around what is called a compression issue and involves a step plan, new hires, retirements and promotions. The lower ranks are sometimes given promotions that are not based on the step plan. In a few instances employees who were working for several years would be making the same as a new hire Having a valid step plan is very important. The financial status of the City of Boynton Beach is still recovering, but not robust. It will be worked out, but probably not this year. The 3% increase was not acceptable to the police union that wanted to fix the step plan immediately. It would give longer term officers 5 %, 6% or 7% and new hires would receive 1% or less. After the contract was rejected, the City did not retaliate. There is a cycle of negotiations and planning. The budget for next year will be set in July and it would be nice to know at that time the salary issues are resolved and a firm budget can be based on signed contracts. The delay will use the time reserved to negotiate for the 2014/15 budget year. The reality is a two -year contract has to be negotiated. Commissioner McCray realized the negotiations were at impasse. He stated for the record, "Commissioner McCray, I do support the Police Department and I will be glad when we can get back to the table and make things right." He also thanked those other individuals waiting to be heard for their patience. Mayor Taylor thought it is not about pay as much as about management changes within the Department. There appears to be a core group which does not like the new police chief and management changes that were long overdue. There is always resistance to change. The changes have been related to the Commission and the Police Chief is fully supported Neither the Police Chief nor the City Manager is going to be changed and have the total support of the Commission. Attorney Cherof commented the proceedings reflect the high level of frustration that the management bargaining team has had in engaging the Police Benevolent Association (PBA) bargaining team The police bargaining team has made their point and walked out of the negotiations also. He encouraged the members and public to listen to the audio recordings of the meetings to understand the extent the City's bargaining team has attempted to review each item of the collective bargaining agreement. A good and fair offer on wages was made before there was any return on any other items. It did not create a positive result Mr. Kazanjian complained there could not be any discussion with the individual Commissioners to hear their theory and concerns. Under law any negotiations have to be conducted in the public and open to anyone. The encounters with the City Manager and Police Chief were the best examples of why it is ill advised and dangerous to engage in one -on -one meetings away from the public view. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 Attorney Cherof had written to the PBA legal counsel, Gary Lippman, regarding the City's willingness to return to the bargaining table and the City's commitment to getting to a contract and on all occasions the response has been no. All the grievances, the unfair labor practice allegations and impasses filed for the three bargaining units, were initiated by the PBA The City remains ready to negotiate. David Silvers, candidate for House District 89, introduced himself and advised he would like to represent the eastern portion of Boynton Beach in the House. Billy Warrant, owner of 3001 N. Seacrest Boulevard, had asked the City to allow for modification to have a gas station in the City in other locations. It was to be included in the next long range plans. Mayor Taylor and Ms. LaVerriere indicated it was added to the list for discussion. Herman Stevens, 75 SW 5 Avenue in Delray, reported on the issue involving confiscated monies that belonged to his client, Conswana Bean. She was not present due to fear of retaliation. She lived with Willy Wesley who had a warrant and monies were seized at the address. She challenged the seizure of the funds and was initially told the police were not going to retain the funds. Subsequently, Detective Haugh, sent an email to the State Attorney requesting the issue of the money be negotiated in a plea deal being a forced coercion. Mr Stevens attended five hearings to have the money returned to his client and called Chief Katz to discuss the issue. Officer Haugh did not appear at a court hearing as subpoenaed and the court returned the money to Ms. Bean. Ms. Bean is fearful of the police at this point and upset. Mr. Stevens asked the Police Department to implement a policy to establish an oversight committee comprised of officers and civilians to address the forfeiture of funds. He asked the Commission assist in implementing a process to avoid these types of issues and not victimize the poor. Susan Ross, with the Schoolhouse Children's Museum, reported on Friday would be "Networking Over Easy" through the Chamber of Commerce, at the Museum from 8 a.m. to 9 a.m. The Summer Rocks program with the Palm Beach Pops was scheduled for June 16 through the 19 at the Museum. Individual classes were almost full. On Friday, June 20 there would be a mini concert at the Boynton Beach Library from 9 a m. to 9:45 a m. Tickets were still on sale for the 4 of July VIP celebration. Woodrow Hay, 427 NW 5 Avenue, thanked the Commission for their support in appointing him to the Community Redevelopment Agency Board. He hoped everyone could work together for the betterment of the citizens and the City of Boynton Beach. Commissioner Merker thought there was agreement that the City needed change and new people. The person he recommended for the appointment was highly qualified professionally and intellectually. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Dr. Piotr Blass, 113 West Tara Lakes Drive, supported the appointment of Woodrow Hay. He continued to urge keeping the Boynton Beach Police Department even though he is a union supporter. He appreciated the State Representatives visiting Boynton Beach and giving their updates. Dr. Blass reiterated the Old High School must not be demolished. Doug Brueggemann, 713 SE 4 Street, represented the Forest Park neighborhood and asked the Commission to budget for the continued beautification of Seacrest Boulevard He thanked Sgt Danysh and Officer Rita Swan for their involvement in the neighborhood The community also supported saving the Old High School as a beautiful part of the history of Boynton Beach Mayor Taylor agreed the southern end of Seacrest Boulevard should be beautified to Woolbright Road. Brenda Lee Williams, 337 NE 24 Avenue, addressed the bust of the soldier killed in the Afghan War and pointed out there were other veterans killed during other conflicts that were Boynton Beach citizens also Mayor Taylor responded there would not be another memorial and no monies were being expended. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE Motion JUNE 3, 2014 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 1 alternate Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student NN Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board 2 alternates Library Board: 2 alternates Recreation and Parks Board: 2 alternates Veterans Advisory Commission: 2 alternates Commissioner Fitzpatrick moved to appoint Kathleen Wilkinson as a student member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 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. R14 -045 - Authorize the City Manager to sign an interlocal agreement between the Community Redevelopment Agency (CRA) and the City of Boynton Beach for the City's I T.S. Department to provide technical support services in connection with the day -to -day governmental operations of the CRA. The initial term of the agreement is three (3) years with the option to renew with a first year payment by the CRA of $23,486.00. Vice Mayor Casello commented he had suggested the sharing of resources between the City and CRA and the idea was rejected. This request involves the I.T. Department sharing technical support with the CRA at the cost of $23,000. He found it ironic and thought the money should be spent on a new store front or facade or build out in the CRA district, rather than the I.T. expense that could be shared. Motion Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R14 -046 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Phillip Russo for the property at 1064 Brown Road, Lantana, FL. C. Approve modifications to the Development Department budget, personnel allocation, and organizational chart for the FY 13/14 budget. D. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the seven (7) month period ended April 30, 2014. E. Approve the recommendations of the Community Development Block Grant review committee for funding activities in preparation for the City of Boynton Beach's One Year Action Plan for FY 2014/2015. The anticipated Community Development Block Grant allocation is $478,192. Mayor Taylor had pulled the item for discussion. He had questioned the $90,000 for administrative expenses, but understood it funded three employees. There was a committee that reviewed the applications and in two instances the staff recommended a 10 JUNE 3, 2014 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion JUNE 3, 2014 different amount than the committee. Octavia Sherrod, Community Development Manager, replied it was not unusual. Staff's decision varied because both agencies had received grants to provide redevelopment services in the community. Neighborhood Renaissance and Boynton Beach CDC have received the Urban Lift Grant and the intent was to ensure there was enough money to complete the projects and sustain them Vice Mayor Casello asked whose recommendation was final. Ms. Sherrod simply wanted the Commission to approve staff's final recommendation and pointed out the increase in the funding for the two agencies. Mayor Taylor passed the gavel and moved to approve the funding. Commissioner Merker seconded the motion. Vote The motion passed unanimously. F. Approve the minutes from the Regular City Commission meeting held on May 20, 2014 G. Approve a one year piggy -back of the City of Pompano Beach Bid No. E -25 -14 for antiscalant with Nalco Company (NALCO) with the same terms, conditions, specifications and pricing. The City will use this piggy -back to purchase antiscalant (PC- 1850T) for the removal of solids at the West Water Treatment Plant on an "AS NEEDED BASIS" for an estimated annual expenditure of $50,000 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None Commissioner McCray mentioned that in the past public audience questions or public comments were addressed in letters after the meeting without heated discussion. Mayor Taylor explained if answers are not immediately available, the staff does a report on the resolution of the issue and reports it to the Commission. Commissioner McCray did not like the one -on -one conversations with the Commission and the public. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion JUNE 3, 2014 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 14 -008 - FIRST READING - Approve and adopt the update to the Community Redevelopment Plan (Heart of Boynton sub - plan). Attorney Cherof read Proposed Ordinance No 14 -008 by title only on first reading. Commissioner McCray moved to approve Ordinance No. 14 -008. Commissioner Merker seconded the motion. Commissioner Fitzpatrick was not convinced single - family homes were appropriate in highly urban areas. He also favored greenways along the FEC Railroad, but there could be segments put together and this would be a lost opportunity. He would not be in favor of the updated plan as is. Commissioner Merker asked if the Florida Statutes dictate that money should be given for qualified, individual homes. Mayor Taylor noted the CRA does have the authority. Vivian Brooks, CRA Director, advised it is one of the activities the CRA can do if approved by the Board and it is in the Plan. Commissioner Merker questioned the ratio of defaults on the investment. Ms. Brooks replied the only issue had been in the Preserve and the CRA allowed the developer to go from home ownership to low income rental and the homeowners defaulted. The Plan does not encompass that scenario. The Plan addressed developing housing and not helping with home ownership. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Fitzpatrick dissenting). 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R14 -047 - Adopt the City of Boynton Beach Strategic Plan 2013 -2014 in its entirety. Ms. LaVerriere explained the strategic planning process has been an extremely helpful process for staff and the Commission. The actual action agenda item was adopted and 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 final changes had to be made to the document before it was brought to the Commission for formal adoption, that was now before the Commission. Motion Commissioner McCray moved to approve Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public comment and no one came forward. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discuss amending the Land Dedication Requirement of the Land Development Regulations, Chapter 2, Article VI. Section 2. "City Parks and Recreation Facilities Impact Fee or Land Dedication" - per the request of Commissioner Fitzpatrick Commissioner Fitzpatrick recalled there was an Ordinance in effect some years ago that required a development had to provide 6 acres of land per 1,000 people for open space. It mysteriously went away. Things have changed over the years. He requested staff be directed to research the applicable use of the same standards in the future. Commissioner McCray felt it should be discussed in the next Strategic Plan session. If not, he would not be in favor of the request at this time. Commissioner Merker was not in favor the request. Vice Mayor Casello did not see an issue with allowing staff to research the matter. Mayor Taylor asked if it would be appropriate to discuss at the next Strategic Plan meeting and Commissioner Fitzpatrick agreed. CONSENSUS Mayor Taylor declared there was consensus of four to discuss the issue at the next strategic planning session. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 13. LEGAL Motion JUNE 3, 2014 A. PROPOSED ORDINANCE NO.14 -003 - SECOND READING - PUBLIC HEARING - Approve amendments to the Comprehensive Plan Future Land Use, Transportation, Coastal Management, Public School Facilities and Intergovernmental Coordination Elements. Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No 14 -003 by title only on second reading. Commissioner McCray moved to approve Ordinance 14 -003. Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick pointed out there was language that the City should protect industrial lands from encroachment by other land uses that would reduce the economic viability of industrial lands along the FEC Railroad and certain pockets of the City that are industrial lands. He appreciated that the City needs more industrial land and Quantum should not have been utilized for housing. The Motorola property was another loss of industrial land. Not all industrial land was well developed, especially east of 1 -95 where the uses are intermingled. If the proposed changes are made, would it mean the land along the FEC Railroad cannot be used for anything else? Mike Rumpf, Planning and Zoning Director, advised the changes would be best to use on a day -to -day basis and dealing with different land use decisions. The greenway initiative is another major policy decision that will need to be addressed. The Federal Highway Corridor update is also in the current strategic initiative task. If a major policy is approved, that is in conflict with the proposed changes, staff would have to bring it into conformance Commissioner Fitzpatrick was concerned in regard to the Bert Harris Act and the possibility of diminishing the value of property. It may be more prudent to not designate the Future Land Use plan and just do it as it comes along. Attorney Cherof advised it could not be done if it is inconsistent with the Comprehensive Plan. The Comprehensive Plan is the master building block for future planning and guidance. There was a question if the language was so restrictive that it always favors the preservation of industrial land versus all other uses, including parks and greenways. Attorney Cherof agreed it was very strong language and there should be some way to soften that language to give it priority. An issue of priority would give some legislative guidance in the future for changing priorities. Discussion continued on the issue of the liability under the Bert J Harris Act and Attorney Cherof advised the designation is not as significant as the applications and permits issued. In his opinion, the liability would be limited at best. It would be safe to make the change in the Comprehensive Plan. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mr. Rumpf commented if the Commission adopted a policy in conflict with the current language, the issues could be reviewed and revised. He did not want to change any language until it was in conflict with an established Plan. The Commission can change the policies. Staff has not found any industrial properties that are not worthy of being maintained A couple areas have been expanded to offset the past losses of industrial land or to square off boundaries. Compatibility is addressed with zoning and development regulations rather than phasing out parcels. Mayor Taylor opened the issue for public hearing. No one came forward Mark Karageorge, 240A Main Boulevard, thanked the staff for the proposed changes. The industrial land had been eroded over a 10 to 15 year period. It is more economically feasible being Tess expensive to service an industrial entity as opposed to a residential entity There could be great tax revenue involved also. It was agreed on several occasions that it would be a policy to preserve the industrial land to increase the tax base and reduce expenses. He fully supported the current language knowing it could be addressed at a later date depending on the circumstances. Vote JUNE 3, 2014 City Clerk Prainito called the roll. The vote was 3 -2 (Commissioners Merker and Fitzpatrick dissenting). B. PROPOSED ORDINANCE NO. 14 -007 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending City Code of Ordinance Sections 4- 33 and 16 -39 to permit leashed dogs at Jaycee, Boynton Lakes, Dewey and Intracoastal Parks Attorney Cherof read Proposed Ordinance No. 14 -007 by title only, on second reading. Motion Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Vice Mayor Casello voiced concern about leashed dogs at the Intracoastal Park for large events and how the prohibition for the 4 of July event would be disseminated. Wally Majors, Recreation and Parks Director, indicated signage would be immediately placed at the parks and there could be additional signage installed until July 4 indicating dogs would not be allowed on that day, at that event. Press releases would include all the restricted items. Staff would be on duty to also enforce the rule. Responsible owners would not expose their animals to that type of environment. Ms. LaVerriere added all the marketing would include "No Pets Allowed ". Mayor Taylor opened the issue for public comment. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL JUNE 3, 2014 Carol Volkin, 31101 SE 4 Street, opined dogs on a leash in parks was not a good idea. The cleanup would be problematic Bitings would be a concern. She did not agree that parks should be for animals. Dr. Piotr Blass, 311 West Tara Lakes Drive, was in favor of allowing dogs in parks and there was an element of enrichment. Generally speaking it is a good idea. Mr. Perez, a resident of Boynton Beach, had an issue with dogs and the owners who do not cleanup after their pets. Parks are made for people and dogs can be aggressive. Mayor Taylor pointed out it would be done for a one -year trial period. If there are significant violations it can be changed Brenda Williams, 337 NE 24 Avenue, had an issue with the use of Intracoastal Park for dogs. Dogs are unpredictable and can be startled by children and attack. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Post - Legislative Update by District 89 Representative Bill Hager - June 17, 2014 B. Budget Workshop dates /times for FY 14/15 Operating and Capital Budget - Monday — 7/21/14 Beginning at 2:00 p.m.; Tuesday — 7/22/14 Beginning at 10:00 a.m.; Wednesday — 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room. C. Beginning July 7, 2014, City Hall hours of operation will be Monday through Friday, 8 a.m. to 5 p.m D. Discuss zoning density in Districts II and III - TBD E Discussion of Code enforcement issues related to property ownership and deterioration - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" Those present recited the Brand Promise Statement. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8.23 p.m. ATTEST et M. Prainito, MMC ty Clerk /e1 dith A. Pyle, C / eputy City Cler CITY OF BOYNTON BEACH + e Casello, Vice Mayor David idler ack Mc Michael M. Fitzpatrick, 17 ay, C ssiy ioner mmissioner JUNE 3, 2014