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Minutes 10-21-14MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 21, 2014 AT 6:30 P.M. PRESENT Jerry Taylor, Mayor Joe Casello, Vice Mayor Mack McCray, Commissioner Michael M Fitzpatrick, Commissioner ABSENT David T. Merker, Commissioner 1. OPENINGS A. Call to order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk B. Invocation by Reverend Dr. William Stomski, St. Joseph's Episcopal Church The invocation was given by Ms. Abigail Veccia, a 5 t " grade student at St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Commissioner McCray led the Pledge of Allegiance to the Flag. Mayor Taylor thanked Father Stomski and commended Ms. Veccia for offering the invocation She and her school should be proud of her efforts. D. Agenda Approval: 1 Additions, Deletions, Corrections Mayor Taylor asked to add another Proclamation as Item 3.D under Announcements and Presentations for National Arts and Humanities Month. Vice Mayor Casello pulled Item 6.E for discussion. Mayor Taylor also had comments on the item. Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 2 Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Fitzpatrick had gone to the Chamber of Commerce meeting at Bethesda Hospital, met with County Commissioner Steve Abrams and attended a neighborhood association watch meeting. He met with Carisse LeJeune, Assistant City Manager, and the consultant for the Greenways Plan. There was a ribbon cutting at the Pet Hospital he attended and the Metropolitan Planning Organization (MPO) meeting and South Central Regional Wastewater Disposal and Treatment Board quarterly Board meeting. Commissioner Fitzpatrick had met and spoken with other County Commissioners and had attended the County Commission meeting where they voted to sell 4.5 acres of lakefront property to Boynton Beach for $100,000. It is an important milestone and he thanked the Palm Beach County Commission for their vote of confidence in the City of Boynton Beach by supporting the quality of life initiatives of the City. Vice Mayor Casello had attended the Palm Beach County Commission meeting when Commissioner Fitzpatrick made a presentation convincing six out of seven Commissioners to sell 4.7 acres of parkland for $100,000. He should be commended for his effort. There was also discussion regarding the change of name for Boynton Beach Community High School. He supported keeping Boynton Beach in the name of the school. Vice Mayor Casello questioned the recent ruling regarding red light cameras and sought an explanation on the status of the City's use of the cameras. Attorney Cherof advised the case was based on an issue that is distinguishable from the methodology of the red light camera program in the City of Boynton Beach. The City of Hollywood, involved in the ruling, had delegated all the responsibilities of the program to ATS, the vendor. The City of Boynton Beach has a different system for reviewing the pictures and built a different system for viewing the tapes. The Court had held the delegation of responsibilities with no reserve of those duties by the City of Hollywood, was an Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 improper delegation of authority. The City of Boynton Beach does not utilize the same process. Vice Mayor Casello had also met with the City Manager and Mr. Hermann Zingg who owns an eight acre parcel that is landlocked on the Links Golf course. He made some suggestions on the use of the land. It would be an ongoing process. Commissioner McCray reported the County Commission had voted unanimously to rescind their red light program at least temporarily. He had also met with Michael Byrd, President of Boynton Wildcats to discuss their upcoming banquet. He had gone to the Boynton Beach High School "Meet the Candidates" night that was well attended. Mayor Taylor advised many members of staff and residents went all through the City reading to children for the Mayor's Literacy program. Last year the City of Boynton Beach won for reading to the most children. It helps to get children interested in reading books. Mayor Taylor thanked all those who assisted in the effort Mayor Taylor asked the City Manager to include an item on the next agenda for the Commission to make a decision whether to continue with the program. There was consensus to have further discussion on red light cameras. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Due to Election Day on Tuesday, November 4, 2014, the first City Commission meeting in November will be held on Wednesday, November 5, 2014. Mayor Taylor announced the change in date of the first Commisson meeting in November, from Tuesday, November 4tn to Wednesday, November 5 B. Early Voting for the November 4, 2014 General Election began on Monday, October 20, 2014 and will continue through Sunday, November 2, 2014. The Early Voting hours are 7 a.m until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard A listing of Early Voting locations throughout Palm Beach County is available in the boxes located in the parking lot outside of City Hall. Early voting would commence on October 20 from 7 a.m to 7 p.m. and continue daily through November 2 "d . The Ezell Hester Community Center on Seacrest Boulevard was a designated location. C. Proclaim October 24th, 2014 as Horace B. Murra, Sr. Day, recognizing him as the first elected Mayor and first family of Boynton Beach. Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 Mayor Taylor read the Citation recognizing Horace B. Murray, Sr. as an early settler in the City and the first elected Mayor. Mr Murray's heirs would be gathering in the City of Boynton Beach to celebrate their family's history and the Town of Boynton Beach. A descendant spoke and thanked the Commission for the honor bestowed on his great grandfather and his family. They were unaware of their family involvement in the early growth of the City, but were now able to celebrate their heritage. C. Proclaim October, 2014 as national Arts and Humanities Month (This Item was added to the agenda.) Mayor Taylor proclaimed October as National Arts and Humanities Month and presented the Proclamation to Deborah Bottorff, Chair of the Arts Commission Ms. Bottorff thanked the Commission on behalf of the Arts Commission and thanked Debby Coles - Dobay, Arts Manager, for her guidance and support. She announced the Kinetic Arts Exhibit and Symposium to be held on February 6 — 8, 2014 and hoped everyone would attend. 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) Minister Bernard Wright, 713 NW 2 nd Street introduced Mr. Joseph of 1104 S. Seacrest Boulevard from Lutheran Services who has taken over the Head Start program. They are doing a great job with programs on fatherhood and have educators to further explain the responsibilities of the parenting role. Many children are only raised by one parent, their mother and many have not even seen their father. Mr. Joseph has been a resident of Boynton Beach for many years and appreciated the opportunity to come to the meeting and address the Commission. There are some issues at the Head Start site that were being addressed by staff. Mayor Taylor was well aware of the program that has been in the City for many years and was glad to see it continue. Commiss,ioner McCray introduced himself to Mr. Joseph and advised he would visit the facility the next day. Mark Arnold, 405 NE 23` Avenue, loved his country but feared the government. Mr. Arnold outlined several complaints he had regarding Code violations on his property. He felt he was denied due process to address the alleged complaints and was harassed 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 by the Code Department. His letters to the City Manager regarding the issue had not been answered and his rights to hearings had been thwarted. He asked that the City abide by its own ordinances. Mayor Taylor recalled he had talked with Mr. Arnold and then discussed the issues with the City Manager. There are two sides to every story and staff would be reviewing the issues so the truth can be found. Commissioner McCray had spoken with Mr. Arnold and then talked with the Code Administrator. The City Manager would also be contacting Mr. Arnold. The Commission was monitoring the situation closely. John Peppi, 11887 Foxbrair Lake Trail, commented he opposed any moratorium with regard to medical marijuana that would restrict or delay any licensing associated with the industry. It would not benefit the City if there is a delay. The six months for the State to write the law would be sufficient time for the City of Boynton Beach to establish their guidelines. Mr Peppi felt there should be no moratorium and urged everyone to vote yes on Amendment 2. Mayor Taylor explained the purpose of the moratorium was to enable the City to act quickly when the State regulations were finalized. He supported medical marijuana, but it was necessary that the City deal with the industry efficiently and effectively for all. There was no intent to delay. Mr. Peppi contended there would be investors that would go elsewhere and could lessen the tax benefits for the City of Boynton Beach. Florence French, an Affordable Care Act Navigator, helped citizens to deal with the Affordable Care Act. The politics are removed so information can be obtained, enrollment completed and applicable credits obtained. They work with the Navigators of Palm Beach County to set up appointments for enrollment. Ms. French is at the Library every Tuesday to assist citizens with enrollment that starts on November 15 Presentations could be scheduled for entire communities or developments or individual phone calls can be made Commissioner McCray noted Ms. French should contact area churches to assist their parishioners. There was an advocate currently available to St. John Missionary Baptist Church Elayna Toby, thanked the Commission and congratulated the City for the support of the Kinetic Art Symposium. She was one of the commissioned artists for the event. Her project was community inspired and called "Kinetic Connections ". Everyone could participate to adorn the Kapok tree into a kinetic sculpture. Small items would be strung together and hung from the tree branches. It would be totally constructed with community objects. There would be three workshops in November and video "selfies" would be made for the contributors to relate the stories of the items submitted. The strands would then be sold with a portion of the proceeds to benefit the Art in Public Places program. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 Commissioner McCray pointed out the Sculpture 2014 magazine promotes Boynton Beach for the 2014 Kinetic Workshop. Suzanne Ross, Director of the Children's Schoolhouse Museum, reported September showed a slight decrease in activity; however October already had an increase in membership by 15% over last year with income up 45% than last year. Ms. Ross reviewed the upcoming events at the Museum including the Haunted House during the Pirate Fest. The fee would be $5 per child and parents were free and required to accompany the child Dr. Piotr Blass, 113 West Tara Lakes Drive, was concerned about the huge business interest in the medical marijuana market. The ill should receive the benefit; but no one should make millions on the sales. He commended the City for being cautious Dr. Blass, a candidate for Governor, indicated debates of the lesser known candidates was occurring at the IHOP Restaurant every evening. A Federal lawsuit had been filed by the candidates not recognized. Allen Hendricks, 122, SE 4 th Avenue, noted invitations to the Community Caring Center Annual Gala and fundraiser had been sent out for the event on November 14 It would have a Great Gatsby theme with a band and ballroom dancers. It would be held at Benvenutos and include a silent auction. Victoria Castello, 406 S. Seacrest Boulevard, recalled when two additional citizens were seated on the Community Redevelopment Agency Board. Ms. Casello questioned if the composition of the Board should be re- examined and the Board made more independent. Her experiences with the current Board were not favorable. Chris Williams, 1420 SW 20 Avenue, spoke on behalf of United for Care and for medical cannibus in the State of Florida. It took over one million signatures to get the issue on the ballot and was approved by the Florida Supreme Court to be on the November 0 ballot. It is not about recreational use, rather highly regulated and strictly controlled by the Florida Department of Health. He felt it was ridiculous for cities to put moratoriums in place for something that does not exist at this point. It is unfair to potential small business owners and those who need access to the product. If there is a moratorium it should be for no longer than three months. The creation of the State regulations will take approximately nine months. At this time, it discourages voters on the issue and could potentially block tax revenue that the City needs. He asked the Commission to research further and keep in mind it is medicine, natural and safer than many other drugs. Mayor Taylor reiterated a moratorium is used so the City can properly monitor the distribution to those who truly have a need. The purpose was not to delay the sale for medical need Attorney Cherof noted it was announced as a 12 -month moratorium but A Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 the process requires a public hearing and the exact time can be established. Mr. Williams implored the Commission to make the moratorium no longer than three months and there would be strict rules and regulations established by the State with very few licenses awarded. Vice Mayor Casello added public safety has to be a major concern and he supported Amendment 2. Steve Anton, 234 SW 2 nd Avenue, wanted the Commission to be more sensitive to preserving the history of the City of Boynton Beach Herb Suss, 1711 Woodfern Drive, asked the City investigate how prepared the local hospitals were to handle an ebola breakout. Having the proper protective equipment for first responders is essential to prevent any further spread of the disease. The waste created from the treatment then has to be properly destroyed and there needs to be regulations in place to address the issues. He hoped the hospitals had been contacted by the Center for Disease Control (CDC) to get the necessary training before the need arose. Mr. Suss further cautioned that climate change was happening and should not be ignored. No one else coming forward, Mayor Taylor properly 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 regular and 1 alternate Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 alternate and 1 student NN Financial Advisory Committee: 4 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 alternates Library Board: 1 alternate There were no applicants to fill the vacant positions. 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 Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 A Approve the purchase of three (3) battery- powered stretchers from Stryker - EMS Equipment of Portage, MI, as a sole source vendor for a total cost of $37,332. B. Approve and authorize the City Manager to execute Task Order U -2A -01 with MWH Americas of West Palm Beach, FL at a cost of $28,595 for the evaluation of the nanofiltration membrane elements used at the City of Boynton Beach's (the City) West Water Treatment Plant (West WTP) and provide recommendations on a suitable replacement. This is in accordance with the approval of RFQ 017 - 2821- 14 /DJL, General Consulting Services, Scope Category A as approved by the City Commission on July 1, 2014 C. Approve the minutes from the Regular City Commission meeting held on October 7, 2014 D. Accept the written report to the Commission for purchases over $10,000 for the month of September 2014. E. Approve payment to the Florida East Coast Railway for Grade Crossing Maintenance at NE 22nd Avenue in the amount of $52,025.69 and for Grade Crossing Maintenance at SE 5th Street in the amount of $31,669.40 for a total of $83,695.09. Vice Mayor Casello was concerned that $83,000 would be spent to improve the crossings and then All Aboard Florida would dig up the new street. Jeff Livergood, Director of Engineering and Public Works, advised the crossings would be partially rebuilt and asphalt removed when the other track is installed. It would be minimal expense at that time compared to the total cost. There was a request to the FEC to delay the repairs, but the FEC wanted to move ahead and they share the maintenance cost with the City. There will be additional expenses as the All Aboard Florida project progresses through the area and for the creation of the quiet zones. Mr. Livergood stressed the monies had been budgeted. Commissioner Fitzpatrick speculated any savings from delays could possibly be wiped out by a lawsuit if there is a safety concern. Motion Vice Mayor Casello moved to approve Item 6 E. Commissioner McCray seconded the motion Vote The motion passed unanimously. Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 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 October 21, 2014 - "Request for Extensions and /or Piggybacks ". G. PROPOSED RESOLUTION NO. R14 -103 - Approve the temporary closing of Federal Highway on December 6, 2014 for the Holiday Parade and authorize the City Manager (or designee) to apply for the State permit for the temporary road closure. H. PROPOSED RESOLUTION NO. R14 -104 - Approve Addendum to Professional Agreement between the City of Boynton Beach and Ballard Partners, Inc. for appropriation lobbyist services extending the agreement for one year in the amount of $45,000 plus expenses for FY 14/15. PROPOSED RESOLUTION NO. R14 -105 - Accept the Florida Department of State, Division of Historical Resources grant award (No. F1401) in the amount of $27,200 and authorize the City Manager to execute agreements and documents associated with the Historic Preservation Grant on behalf of the City of Boynton Beach. J. PROPOSED RESOLUTION NO. R14 -106 - Approve revised Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. (Schoolhouse Children's Museum) 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid with the Palm Beach County Cooperative Purchasing Council for Chemicals and Fertilizers to multiple vendors as listed below, as the lowest, most responsive and responsible bidders meeting all specifications. Items will be ordered on an "AS NEEDED BASIS ". The City's anticipated annual expenditure is $106,300. Motion Commissioner McCray moved to approve the award of the bid. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 9 Meeting Minutes Regular City Commission Boynton Beach, FL 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING October 21, 2014 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 RESOLUTION NO. R14 -107 - Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Boynton Beach Faith -Based Community Development Corporation (BBFBCDC) Motion Commissioner McCray moved to approve Proposed Resolution R14 -107 Vice Mayor Casello seconded the motion. Vice Mayor Casello questioned if the properties valued at $682,000 were being given away without a trade -off of some type. Octavia Sherrod, Community Improvement Manager, noted the lots were being given away and the CDC would be building affordable housing on the lots that would generate tax revenue when occupied. Ms. LaVerriere interjected the properties were bought with Community Block Grant funds and others were bought by the Community Redevelopment Agency and later conveyed to the City. Commissioner McCray established there were applicants in the approval process to be given the homes. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R14 -108 - Adopt the City of Boynton Beach Strategic Plan 2014 -2015. 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 Motion Commissioner McCray moved to approve Proposed Resolution No. R14 -108 Vice Mayor Casello and Commissioner Fitzpatrick seconded the motion. For the benefit of the public, Ms. LaVerriere announced the Strategic Plan would be posted on the web page next week. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. PROPOSED ORDINANCE NO. 14 -013 - SECOND 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. (TABLED TO 11/5/14) PROPOSED ORDINANCE NO. 14 -014 - SECOND 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. (TABLED TO 11/5/14) 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. (TABLED TO 11/5/14) Mayor Taylor noted Items 13.A and 13.13 had been tabled to November 5, 2014. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 C. PROPOSED ORDINANCE NO. 14 -027 - SECOND READING - PUBLIC HEARING - Approve Amendment to Ordinance 13 -003 to restate the terms of appointees Woodrow L. Hay and James "Buck" Buchanan Motion Vice Mayor Casello moved to approve Ordinance No. 14 -027 on second reading. Commissioner McCray seconded the motion Vote City Clerk Prainito called the roll. The vote was 4 -0. D PROPOSED ORDINANCE NO. 14 -028 - SECOND READING - PUBLIC HEARING - Approve the abandonment of an existing 12 ft. utility easement along Military Trail as part of the construction of a Walmart store at Military Trail and Coconut Lane. Accept dedication of additional right -of -way to Palm Beach County Attorney Cherof read Proposed Ordinance No 14 -028 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Fitzpatrick moved to approve Ordinance No. 14 -028 Vice Mayor Casello seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4 -0 14. FUTURE AGENDA ITEMS A. Commission discussion and direction for the Financial Advisory Committee for the FY 14/15. - TBD Vice Mayor Casello had requested an update on the existing Code violations at the site of the new hotel on Ocean Avenue next to Leisureville. There is now a homeless person living on the private property. He inquired if the owner could be brought before the Commission for an explanation of why the violations continue. Ms LaVerriere advised the property had been posted with "No Trespassing" signs that would now be enforceable. The Code violations were scheduled before the Special 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 21, 2014 Magistrate in November as they progress through the process. There is a Cease and Desist Order in place to stop work. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:38 p.m. CITY OF BOYNTON BEACH ATTEST 'n) - A-0� - ( M. Prainito, MMC lerk ith A. Pyle, C Peputy City Clerk Fitzpatrick, C ner 13