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Minutes 08-19-14MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 19, 2014 AT 5:30 P.M. PRESENT Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. CaII to order - Mayor Jerry Taylor 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk A closed -door session of the City Commission is scheduled for 5:30 p.m. on August 19, 2014 to discuss pending litigation in the following case: YMANNE LAURENT, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant. Case No. 502013CA012688XXXXMB (slip & fall) Mayor Taylor called the meeting to order at 5:31 p.m. Roll call was taken and all members were present. Attorney Cherof announced it was a closed -door session of the City Commission to discuss the lawsuit of Laurent vs. City of Boynton Beach pending in Palm Beach County Circuit Court. The meeting would be recessed to a closed -door session with the City Commission, City Manager, City Attorney and Ben Bedard, Special Counsel to the City present. The session would take 30 to 40 minutes and then the public meeting would be resumed. Attorney Cherof understood the actual meeting agenda would not commence until 6:30 p.m. Mayor Taylor recessed the meeting to the closed -door session at 5:33 p.m. Mayor Taylor reconvened the meeting at 6:30 p.m. and announced the closed -door session had concluded at 5:50 p.m. B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner McCray MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Police Chaplain Hay gave the invocation followed by the Pledge of Allegiance led by Commissioner McCray. Roll call revealed all members were present. D. Agenda Approval: 1. Additions, Deletions, Corrections None Motion 2. Adoption Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission August 19, 2014 Vice Mayor Casello reported comments relating to the construction site on Ocean Avenue in Leisureville were brought to the attention of the owner who is addressing the concerns. He had gone to the children's summer art showcase and evening reception hosted by Recreation and Parks. The Commission present judged the submissions. The entire Commission had attended the CRA budget meeting. Vice Mayor Casello had gone to the Coalition of West Boynton Residential Associations (COWBRA) meeting as the City's representative and went to the six -year anniversary for the Carolina Ale House being in the City of Boynton Beach. Commissioner Fitzpatrick had gone to the ribbon cutting for Primo Hoagies and the arts showcase from the summer Recreation and Parks program. On August 7 there were no bids opened for the Lake Ida 4.5 acres owned by the County. He would contact the County Manager on the next step for the City to obtain the parcel. Commissioner Fitzpatrick met with the High Ridge developers and Auburn Group developers, attended the League of Cities luncheon and Seagate Condo Association to give an update on City business. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 Mayor Taylor attended a three -day conference of the Florida League of Cities in Hollywood, Florida. There were intensive seminars with good information presented. He distributed copies of the final legislative report from Tallahassee to each Commissioner The resolutions passed at the session would be sent to the State and Federal offices for review. The information gathered would be very valuable to compare and study other municipalities. The guest speakers were excellent. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Mayor Taylor indicated the FAC Chair was out of town and the presentation would have to be tabled until September 3rd Motion A. Consider the recommendations of the Financial Advisory Committee (FAC) presented by Steven Grant, FAC Chair. Commissioner McCray moved to table the item. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. Save the date for the FEMA Flood Map Public Open House to be held on Monday, September 8, 2014 from 4:00 p.m. to 7:00 p.m. at the Boynton Beach City Library in the Library Program Room, located at 208 S. Seacrest Boulevard, Boynton Beach, FL. The Public Open House relating to the new FEMA flood maps would be held on September 8 at the Boynton Beach Library from 4 to 7 p.m. to answer any questions regarding the need for flood insurance. C. Announce the date change of the first meeting in September from Tuesday, September 2 "d to Wednesday, September 3 Mayor Taylor pointed out the first Commission meeting in September had been moved from Tuesday the 2 "d to Wednesday the 3 at the same time. D. Public Budget Hearing dates /times to adopt FY 14/15 Budget, Millage Rate and Fire Assessment: Wednesday — 9/3/14 Beginning at 6:30 p.m., First Public Budget Hearing to Adopt FY 14/15 Proposed Budget; 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Thursday — 9/11/14 Beginning at 6:00 p.m., Special Commission Meeting to Adopt Final Fire Assessment Resolution; Tuesday — 9/16/14 Beginning at 6:30 p.m., Second Public Budget Hearing to Adopt Final Millage Rate and FY 14/15 Final budget; All meetings will be held in City Hall Commission Chambers. The public budget hearings were announced for FY 2014/15. The first meeting would be Wednesday, the 3 at 6:30 p.m. to adopt the proposed budget, a special meeting to adopt the final fire assessment would be September 11, 2014 at 6 p.m. and the second and final budget hearing on Tuesday, September 16 at 6:30 p.m. All meetings would be held in City Hall Commission Chambers. E. Announce the Primary Election will be held on Tuesday, August 26, and the Early Voting Period will be Monday, August 11 to Sunday, August 24. The Ezell Hester, Jr. Community Center will be one of the fourteen locations in Palm Beach County at which people can vote early, and will be open from 10 am to 6 pm daily. The State Primary Election would be held on Tuesday, August 26 with early voting commencing Monday, August 11th to Sunday, August 24th. The Ezell Hester Jr. Community Center would be a location for early voting, being open from 10 a.m. to 6 p.m. daily. 4. PUBLIC AUDIENCE 4 August 19, 2014 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) Rev. Nathanial Robinson, III, Pastor of the Greater St. Paul African Methodist Episcopal Church, 315 Martin Luther King Boulevard, spoke on behalf of the Boynton Beach Coalition of Clergy and thanked the staff who helped with the Backpack Rally held on Saturday. Certificates of Appreciation were distributed for the City Manager's office, Recreation and Parks Department, Commissioner Mack McCray and the Boynton Beach Police Department. State Representative Bobby Powell attended the event and assisted. Commissioner McCray noted the City and staff had stepped up and contributed to the drive and he was grateful for those efforts. Minister Bernard Wright discussed the charge to use the Denson Pool. He felt the residents in the Heart of Boynton were not able to enjoy the pool due to the $1 fee for MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL children and $2 for adults and there were no programs available for the children at the Carolyn Sims Center. He requested a change in the fee. Commissioner McCray pointed out there was a grant for $5,000 for swimming lessons for the youth in the community. There are activities at the Carolyn Sims Center, but registration is required to participate. Suzanne Ross from the Schoolhouse Children's Museum, commented the August statistics were greater than last year and the last event called Turtles and Taekwondo had been a success. The facility would be closed for a week to do the annual refresh and reopen on August 28 The Board of Directors, staff and children again expressed their thanks with a token gift that was given to the Commission. Dr. Piotr Blass, 113 W. Tara Lakes Drive, spoke about the possibility of using a portion of the Old High School for the University of Boynton Beach that is functioning with a high level of research. Dr. Blass wanted the community and City to continue to support the Carolyn Sims Center and the pool. Also, he was a write -in candidate for Governor who would be a strong voice for Boynton Beach, if elected. 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 1 alternate Building Board of Adjustment and Appeals: 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 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: 1 alternate Recreation and Parks Board: 1 alternate There were no applicants for appointment. 6. CONSENT AGENDA August 19, 2014 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 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 Commissioner McCray pulled items 6.A, 6.E and 6.G for discussion. Motion Commissioner McCray moved to approve the Consent Agenda items with the exception of those pulled for discussion. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. A. PROPOSED RESOLUTION NO. R14 -071 - Authorize the City Manager to execute an Agreement with Paddleawaysports.com Inc. for a concession to provide kayak lessons, rentals and tours from a portion of the designated property at the back of Intracoastal Park, for a monthly rental fee of $150. It was noted the vendor was renting the space for $100 that was being increased to $150. Motion Commissioner McCray moved to approve Proposed Resolution No. R14 -07. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. B. Approve reduction of the performance bond #09065362 that was submitted by D.R. Horton, Inc. in the amount of $412,211.80 by the amount of $391,601.21 for the completion of the paving, grading, and drainage improvements in association with the Estates of Heritage project. C. Approve the Bid for "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Bid # 063 - 1412 -14 /MFD to the lowest, most responsive, responsible bidders meeting all specifications to the following three (3) companies as a Primary, Secondary and Third vendor: Ferguson Enterprises (Primary), Fortiline (Secondary) and HD Supply (Third). These items will be ordered on an "AS NEEDED" basis and the estimated annual expenditure is $65,000. D. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid # 064 - 1412 -14 /MFD to the lowest, most responsive, 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL The contract for $35,000 to Stokes Mechanical Contractor for a 20 -ton condensing unit was questioned and if there was a warranty and the length of any warranty. Colin Groff, Director of Utilities, was sure there was a warranty and would make the information available as soon as possible. Motion Commissioner McCray moved to approve Item 6.E. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Commissioner McCray asked about the warranty for the three units. Tim Howard, Director of Finance, replied there was a one -year warranty on the parts, five -year warranty on the compressor and one year for the labor. Commissioner McCray asked for a full report as soon as possible. Motion Vote August 19, 2014 responsible bidders meeting all specifications to the following four (4) companies as a Primary, Secondary and two (2) Third vendors: Ferguson Enterprises (Primary), Fortiline (Secondary), HD Supply (Third) and Marilfow (Third). These items will be ordered on an "AS NEEDED" basis and the estimated annual expenditure is $99,000. E. Accept the written report to the Commission for purchases over $10,000 for the month of July 2014. F. Approve the one -year extension for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for August 19, 2014 - "Request for Extensions and /or Piggybacks ". G. Award the bid for "The Replacement of Three Air Conditioning Systems at the Intracoastal Clubhouse" to Cedars Electro- Mechanical, Inc. of Lake Worth, Florida in the amount of $47,537. Commissioner McCray moved to approve Item 6.G. Commissioner Merker seconded the motion. The motion passed unanimously. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 7. BIDS AND PURCHASES OVER $100,000 Motion H. Approve the minutes from the Regular City Commission meeting held on August 5, 2014 A. Approve the employee group benefits insurance programs for fiscal year 2014- 2015 and authorize City Manager to execute required documents for the following policies per the Request for Proposal for "Fully Insured: Group Medical, Dental, Life, and Long Term Disability Insurance" RFP No. 048 -1610- 14/J MA: (1) PROPOSED RESOLUTION NO. R14 -072 - Approve and authorize the City Manager to execute an agreement with CIGNA Healthcare for City's Group Medical Insurance for the plan year October 1, 2014 thru September 30, 2015; (2) PROPOSED RESOLUTION NO. R14 -073 - Approve and authorize the City Manager to execute an agreement with CIGNA Healthcare for City's "Fully Insured Dental Plan" for the plan year October 1, 2014 thru September 30, 2015; (3) PROPOSED RESOLUTION NO. R14 -074 - Approve and authorize the City Manager to execute required documents with The Hartford Group for the City's "Life and Accidental Death & Dismemberment and Group Long Term Disability Insurance Plans" for the contract term October 1, 2014 thru September 30, 2017. Vice Mayor Casello moved to approve the Proposed Resolutions. Commissioner Fitzpatrick seconded the motion. Commissioner McCray thought it was significant to point out there was a savings of $850,000. Ms. LaVerriere added the Gehring Group negotiated a zero percent increase in the insurance premium. There was a bid with 17 responses initially. Commissioner Merker inquired if group long term care insurance coverage could be offered to the employees at their expense. Julie Oldbury, Director of Human Resources and Risk Management, confirmed quotes could be obtained. Mayor Taylor indicated it could be added to Future Agenda Items for discussion. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 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. PROPOSED ORDINANCE NO. 14 -013 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14 -002) from a PUD (Planned Unit Development) with the Master Plan for 110 single - family homes, to a PUD to be combined with adjacent property to the north, establishing a Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Miner Road. Applicant: Ron Roan, High Ridge Housing, LLC. PROPOSED ORDINANCE NO. 14 -014 - FIRST READING - PUBLIC HEARING - Approve High Ridge Landing PUD rezoning (REZN 14 -002) from R -2 (Single and Two - Family Residential District) to a PUD to be combined with adjacent property to the south establishing a new Master Plan consisting of 184 apartments, the Imagine Charter School and athletic fields, located at the NW corner of High Ridge Road and Minor Road. Applicant: Ron Roan, High Ridge Housing, LLC. B. Approve a Major Site Plan Modification (MSPM 14 -002) to allow construction of 184 multi - family rental units (High Ridge Landing) consisting of eight (8) two - and three -story apartment buildings, amenity area, and related site improvements at the northwest corner of High Ridge Road and Miner Road, on 8.44 acres within a PUD (Planned .Unit Development) zoning district. Applicant: Ron Roan of High Ridge Housing, LLC. Mayor Taylor advised Items 9.A and 9.B would be tabled; however, he allowed public comment on the items. Randi Flank, 115 Spruce Street in Cedar Ridge, voiced concern that both Miner and High Ridge Roads were only two lanes. There is currently an elementary/middle school on the corner that has over 1,000 cars converging on the area twice a day during the school year. There are residential developments, retail stores, and light industrial in the immediate area. The rezoning would add 300 to 400 vehicles on a daily basis for the residents of the new proposed community. The traffic, congestion and safety of the residents should be reassessed as well as the overflow for school events and residential events. There is already a reduced parking requirement proposed. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 Vice Mayor Casello advised he had been in discussion with the developer and a traffic analysis would be done to determine any problems. The agenda items were being tabled to give the developer additional time to do the traffic study and provide the data and statistics. Vice Mayor Casello indicated he traversed the area daily and was well aware of the issues in the area. Mayor Taylor indicated nothing is approved without traffic studies and complete information on the traffic capacity. He did indicate there is backup and traffic congestion at almost every school. Ms. Flank acknowledged all schools do have traffic issues in the morning and afternoons, but the additional residential units would add another 300 to 400 vehicles to the existing issue. Walter Vosburgh, 107 Spruce Street, supported Ms. Flank's statements and distributed some photos of the area reflecting the current problems. He questioned how many new parking slots would be added to the school athletic field. Mayor Taylor responded the information would be available at the time the items are discussed at the next meeting. Mr. Vosburgh was totally opposed to the project based on the traffic impact. Melissa Veal, 305 Spruce Street, was opposed to the changes for the same reasons as previously stated, but more importantly did not agree with taking single - family home zoning and converting it to a rental community. Rental properties were prone to have a constant influx of diverse residents and could deflate her property value. Ms. Veal noted the maintenance of the roads needed to be addressed in conjunction with this project. Stormy Rosa, 17 Pepperwood Court, explained 90% of the students at the Charter School and Lake Worth Christian School are transported by vehicle. There is also a preschool. The Charter Schools only service a few students from the immediate area and there is a waiting list so new residents would have to transport their children to another location. Ms. Rosa found 19 rental properties throughout the City that are all on four -lane roads. She was concerned for the cross country runners and cheerleaders that traverse the roads for training. Kelly Sciullo, 7621 High Ridge Road, had been upset about the proposed project and did not feel High Ridge Road was appropriate for a rental development. She had experienced many traffic delays attempting to get to her home. There were also environmental concerns due to the lack of sufficient gutters to avoid flooding and the impact on the Hypoluxo Scrub area and the endangered species living in the wooded area living in the neighborhood. Danny Underwood, 28 Maplewood Court, was totally against the project. He recalled the City had approved 110 single - family homes on the 18.4 acres. Approximately five acres was sold to the school and now four more acres was being sold off. A new 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 developer now wants to construct 184 units on less than 9 acres. There are sufficient rental properties within the City of Boynton Beach. Mr. Underwood questioned if the taxes raised on the new project would be more than the current residents had paid annually for many years. The shortage of parking spaces in the project was a concern because the renters would have visitors and there would be no parking. Many days, Mr. Underwood had seen children being dropped off or picked up in the middle of the road which is against the law. He did not understand why there were no natural areas required for the project as other developments had to do in the past. John Potter, 199 Pepperwood Court, had moved to the Cedar Ridge development because of its small town atmosphere for family living. He could not believe the need for single family homes was being set aside. He asked the Commission to consider the long -term ramifications of letting transient renters into an overwhelmingly long -term community along High Ridge Road. Dr. Piotr Blass, 113 Tara Lakes Drive, urged the Commission to discontinue the project because no money was worth undermining the family structure. Single- family homes would be a better use. Motion Commissioner Merker moved to table Item 9.A, Ordinance 14 -013 and Ordinance 14- 014. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Motion Commissioner McCray moved to table Item 9.B. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Mayor Taylor advised the items would be revisited on September 3, 2014. Commissioner McCray sympathized with the new resident, Mr. Potter, and advised he had lived in Boynton Beach for 60 years. Vice Mayor Casello indicated he was aware of the situation and would work closely with the developer to get a traffic study done to make a more informed decision. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Vice Mayor Casello moved to approve Proposed Ordinance No. 14 -015 on first reading. Commissioner Fitzpatrick seconded the motion. Attorney Cherof read Proposed Ordinance No. 14 -015 by title only, on first reading. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. Approve a Major Site Plan Modification (MSPM 14 -003) to allow expansion of an existing Social Service Agency (The Women's Circle) from 1,150 square feet to 5,731 square feet, consisting of a one -story addition of 4,581 square feet and related site improvements, located at 910 -918 SE 4th Street. Applicant: Sister Lorraine Ryan, The Women's Circle, Inc. Motion August 19, 2014 C. PROPOSED ORDINANCE NO.14 -015 - FIRST READING - PUBLIC HEARING - Approve request for The Women's Circle rezoning (REZN 14 -003) of subject property from C -3 (Community Commercial) to C -2 (Neighborhood Commercial), located at 910 -918 SE 4th Street. Applicant: Sr. Lorraine Ryan, The Women's Circle, Inc. Commissioner McCray moved to table the Major Site Plan Modification to September 3, 2014. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 14 -016 by title only, on first reading. Motion E. PROPOSED ORDINANCE NO.14 -016 - FIRST READING - PUBLIC HEARING - Approve request for Family Dollar rezoning (REZN 14 -004) of portion of subject property from R -2 (Single- and Two - Family Residential District) to C -2 (Neighborhood Commercial District), located at 1010 N. Seacrest Boulevard. Applicant: Paul Tremblay, BOOS Redevelopment Group Ltd. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Commissioner McCray moved to approve Ordinance No. 14 -016 on first reading. Commissioner Merker seconded the motion. Vice Mayor Casello inquired if the proposed merger of Family Dollar with other entities would have any effect on the project in Boynton Beach. Henry Dirkson of BOOS Development Group, Miami Lakes, advised Family Dollar was continuing the search for new locations. There has been no indication of any desire to postpone the project. Any information received would be shared as soon as possible. Commissioner Merker questioned if the developer could discontinue the project. Mr. Dirkson was unaware of any change in the plans. Commissioner McCray felt the developer should continue with the project in spite of the media coverage on mergers. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion Commissioner McCray moved to table the new site plan to September 3, 2014. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Motion 13 August 19, 2014 F. Approve request for New Site Plan to construct a one -story, 8,136 square foot retail building and related site improvements, on a 0.80 -acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc. G. Approve request for Community Design Plan Appeals (CDPA 14 -001 & 14 -002) in conjunction with the request to construct a one -story, 8,136 square foot retail building and related site improvements, on a 0.80 -acre parcel located at 1010 North Seacrest Boulevard. Applicant: Paul Tremblay, Boos Development Group, Inc. Commissioner McCray moved to table the Community Design Plan Appeals. Commissioner Fitzpatrick seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. Boynton Beach Utilities Monthly Operations Report to Commission for August 2014. Colin Groff, Utilities Director, indicated monthly reports would be prepared and quarterly reports brought before the Commission. All the information would be posted on the website. An initial goal was to change the culture to make safety the number priority for the employees. The Recordable Incident Rate (RIR) would be the measurement to compare with other industry standards in the area. It is the number of lost -time injuries per 100 employees. There have been no serious injuries. The current rate is 2.5 and the industry leading rate is below one. It affects the cost for lost time for workers, medical expenses and worker compensation. Gathering the data to improve those areas of injuries is needed to keep the workers healthy and working. Treatment operations are the next area for improvement. The consumptive use permit is a measurement of compliance with the permits and plant reliability. The allowance is five billion gallons of water and approximately three billion has been used. The higher levels of rainfall have contributed to the lower use and water conservation efforts. Average water pressure is another measurement that should be maintained at 50 psi. There are monitors throughout the system and an average is taken. The third measurement is water quality. There is a target of about three milligrams per liter for chlorine in the system. It is measured throughout the system to make sure the taste remains consistent. All three of the measurements indicate the operation of the plants is doing well. The field operation is another area to be monitored. Unplanned outages are a concern usually caused by breaks. The goal is less than 30 customers a month impacted by unplanned outages. The goal has not been reached. A root cause analysis is done for each unplanned break. It assists in identifying projects in the future. Sanitary sewer overflows is a major concern and there has been only one this year. The workers are keeping the system clean, lines optically monitored, and manholes maintained to keep the sewage flowing to the sewer plant. Lastly, customer trouble calls are assessed. Less calls have been incoming which means the system is more reliable with fewer problems. More customer communication, electronic communication, more ways customers can communicate with the water department before problems 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 19, 2014 occur, have been implemented. The maintenance schedule will assist in fixing problem areas that should reduce the call volume significantly. Vice Mayor Casello asked why the calls were increasing slightly. Mr. Groff would have more answers after data for at least six months is studied. Some of the calls were from the flooding that occurred in January this year. There are some old sections scheduled for improvements that accounts for some of the calls. More and better data has to be collected before any conclusions are drawn. Major projects include the central Seacrest corridor improvement that has been bid and awarded. Construction will start in four to six weeks after community meetings are held. The raw water project is the last component of the bigger project to meet the parameters of the consumptive use permit. It will go out for bid in the near future. The Lake Boynton Estates project would start on Tuesday after the community meeting and should go quickly with the restoration being done as soon as the improvements are completed. Other major projects would be the master lift station being built at Pence Park and the water meter project is almost finished. The Oak Street project is almost complete to fix the flooding. A project in design is the water plant and the maximum price would be brought to the Commission soon for approval. The North /South Road stormwater improvements were moving forward. Some slight redesign had been initiated due to easement issues. There is a five -year plan for the re -use water and a couple projects are moving forward to add more customers to the system. Four condo units at High Point would be converted to reuse water. Another neighborhood improvement project was Lakeside and NE 29 Avenue that would encompass drainage and water line improvements and sewer line repairs. All the stormwater improvement projects are in concept design and on schedule to finish by next May or June. Vice Mayor Casello mentioned Treasure and Venetian Islands have no drainage and Mr. Groff indicated some would be installed. There were some good ideas that would provide drainage on the road during large storm events. The engineer is studying the options to find the most cost effective solution. The east Heart of Boynton area has many intersections that flood and study of the entire area has to be done to determine the best use of the funds to fix the problem areas. The cause of the flooding is not entirely clear. A comparison of the dollars per thousand gallons treated for water and for waste water to be treated, delivered and customer service is the basis to determine the best use of funding to provide water and sewer service to all customers. There is no metric for stormwater because it is a flat fee each month. The target for the year on cost should be met for water and sewer. The budget was about $40 million, but the water plant project had been delayed and money not spent. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion August 19, 2014 There was a good flood preparedness workshop held that went well. Eleven homeowner associations were present and three or four had problems and were given guidance on maintaining their privately owned systems. Posting as much information as possible to the Facebook site and Twitter tweets on road closures has been helpful. Commissioner Fitzpatrick inquired how many employees were in the Utilities Department and Mr. Groff advised it was 131. He asked if there were any permitting problems on Treasure Island of dumping untreated water into the canal system. Mr. Groff advised it would be part of the engineering study. There are some exemption rules that allow for stormwater drainage on existing areas. There would be no new impervious added. Some solutions would provide treatment and there may be a combination of exfiltration systems and piping. The lots are very small. Commissioner McCray thanked Mr. Groff for the information. He thought all the departments should showcase their projects on a regular basis. It would be a means to provide worthwhile information to have at budget time and know how money is spent. Mayor Taylor felt quarterly presentations by Utilities would be sufficient. The monthly data could be sent on paper to the Commission. Vice Mayor Casello commended Mr. Groff for doing a great job for his short time on the job. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 14 -012 - SECOND READING - PUBLIC HEARING - Approve the "Emergency Medical Services Ordinance" to establish the new fee structure and rates for Emergency Medical Transport services by Boynton Beach Fire Rescue Department Attorney Cherof read Proposed Ordinance No. 14 -012 by title only, on second reading. Commissioner McCray moved to approve Proposed Ordinance No. 14 -012. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion Vote August 19, 2014 B. PROPOSED ORDINANCE NO 14 -017- FIRST READING - Approve request to amend Part II, Chapter 14 of the City Code of Ordinances entitled "Motor Vehicles and Traffic ", by creating a new section 14 -12 entitled "Curbstoning ", regulating the purchase and sale of motor vehicles from individuals other than a dealer; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Attorney Cherof read Proposed Ordinance No. 14 -017 by title only on first reading. Commissioner Merker moved to approve Proposed Ordinance No. 14 -017 on first reading. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor mentioned cars were being parked on vacant Tots with signs for sale. The Ordinance prohibits the selling of cars on the curb and vehicles will be towed and the owner fined $100. Mayor Taylor suggested a warning period be utilized until the public is informed of the new regulation. Commissioner Merker contended it was actually a business of buying used cars and selling them on lots throughout the City. Commissioner McCray wanted the 60 -day warning period to be included in the Ordinance. Diane Springer, Code Compliance Coordinator advised there would be media releases and information on the water bills and then enforcement of the terms would be implemented. Vice Mayor Casello wanted to forward the proposal to the County to cover all parcels. City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 14 -018 - FIRST READING - Approve amendments to Code of Ordinances Part II, Chapter 13 "Licenses ", renaming the application review to "Business Use Certificate" and clarifying inspection process and fees associated with "Certificate of Use and Occupancy." 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Attorney Cherof read Proposed Ordinance No. 14 -018 by title only, on first reading. Motion Commissioner McCray moved to approve Proposed Ordinance No. 14 -018. Commissioner Fitzpatrick seconded the motion. Commissioner Fitzpatrick sought clarification on enforcement. Nancy Byrne, Director of Development, reported there is a revocation clause for Business Tax in the Code. If there are illegal activities there is a revocation process to release the Business Tax. As soon as they rectify the violation the business can be reopened. The purpose of the Ordinance is to ensure if the State takes away the right of the cities to tax businesses through the Business Tax Receipt, there will be a process to examine the business uses. The Business Use Certification would be under the Building Code and Zoning Code and would replace the Business Tax Receipt Application. The Certificate of Use and Occupancy is for leased and rented property and would punish the owner for any violations rather than the tenant. It would help Code Enforcement. Ms. LaVerriere interjected it was an attempt to eliminate slum lords that provide sub - standard housing and commercial properties. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion 18 August 19, 2014 D. PROPOSED ORDINANCE NO. 14 -019 - FIRST READING - Amending Article IV, Chapter 18 of the Boynton Beach Code of Ordinances entitled Pensions for Firefighters. Attorney Cherof read Proposed Ordinance No. 14 -019 by title only, on first reading. Commissioner Fitzpatrick moved to approve Proposed Ordinance No. 14 -019 on first reading. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. E. PROPOSED ORDINANCE NO. 14 -020 - FIRST READING - Approve amendment to the Land Development Regulations, Chapter 4, Article 5, Sections 3, 4 and 5 inserting Flexible Parking Provisions Promoting Smart Growth (CDRV 14 -002) through the addition of reduced parking ratios and eligibility criteria for projects justifying lower parking needs and MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion Motion Motion 19 August 19, 2014 accommodating, in part, fuel efficient vehicles, EV charging stations, incentives for use of mass transit and ride sharing. Applicant: City- initiated. Attorney Cherof read Proposed Ordinance No. 14 -020 by title, only on first reading. Commissioner Merker moved to table the matter to September 16, 2014. Commissioner McCray seconded the motion. Vice Mayor Casello would go forward with the first reading, but requested to postpone the second reading until September 16, 2014. Commissioner Merker agreed with Vice Mayor Casello's request. Vote City Clerk Prainito called the roll. The vote was 5 -0. F. AMENDED RESOLUTION NO. R14 -075 - Restating date of budget adoption public hearings Commissioner Merker moved to approve Amended Resolution No. R14 -075. Commissioner McCray seconded the motion. Vote The motion passed unanimously. G. PROPOSED RESOLUTION NO. R14 -076 - Approve ratification of new Collective Bargaining Agreement for Officer and Detective bargaining unit. Vice Mayor Casello moved to approve Proposed Resolution No. R14 -076. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL B. Hear presentation from All Aboard Florida - 9/3/14 15. ADJOURNMENT (Continued on the next page) 20 August 19, 2014 A. Discuss impact of pending legislation legalizing restricted use of medical marijuana. TBD Mayor Taylor suggested this item be heard in either September or October. Vice Mayor Casello had requested the item initially and agreed with September or October for discussion. Ms. LaVerriere remarked information was being gathered and several cities were watching the legislation. It was hoped to have more data by then. C. Public Works to bring forward an ordinance revising monthly refuse charges to single - family and multi - family residences to be effective 9/03/14 - TBD D. Staff report on Human Rights Council's request for City to update its non- discrimination policy and offer domestic partnership benefits. - September 16, 2014 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:02 p.m. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: '111 Fk0.4JvtAir3 t M. Prainito, MMC ty Clerk ,i di//1 l /%dith A. Pyl-/ CMC Deputy City C erk er ry T.'Ior, , ayor Casello, Vice M 21 Mack McCray, C August 19, 2014 CITY OF BOYNT N BEACH issioner er Michael M. Fitzpatrick, Commissi er