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Minutes 12-02-14PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS Mayor Taylor called the meeting to order at 6:31 p.m. The Invocation was given by Pastor Clark from the First United Methodist Church followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. Motion MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 2, 2014 AT 6:30 P.M. A. Call to Order - Mayor Jerry Taylor Invocation by Pastor H. "Clark" Edwards of First United Methodist Church Pledge of Allegiance to the Flag led by Mayor Taylor Agenda Approval: 1. Additions, Deletions, Corrections Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Commissioner Merker suggested tabling Proposed Ordinances Nos. 14 -031, 14 -032, 14 -033 and 14 -034 and Item E to give the developers and area residents time to discuss and compromise for the benefit of all of the City of Boynton Beach. It is important to the City, to the residents of the area and to the developer to be satisfied with the project. Commissioner Merker moved to continue to table the matters until the first meeting in January. Commissioner McCray seconded the motion. Commissioner McCray represents District 11 where the project and concerned residents are located and had met with both sides. He agreed it would be beneficial for further discussion to be undertaken before a decision would be made. 1 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. Vice Mayor Casello wanted to hear from both parties if they agreed with tabling the matters. Mayor Taylor directed, once a motion to table had been made, there could be no further discussion. Attorney Cherof concurred. Vote The motion to table passed 4 -1 (Vice Mayor Casello dissenting). Vice Mayor Casello requested Item 6.B be pulled for discussion. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Casello had attended the 7 Annual Ending Homeless Breakfast held at the Kravis Center. The Boynton Beach Fire Department was recognized for collecting and distributing toys to the children in the City of Boynton Beach. The Department also does the Muscular Dystrophy Drive and collects for the Heart Association. Vice Mayor Casello was proud to be with Chief Carter as he accepted the award. The Shop with a Cop program was another event by the Police Department that garners donated toys and cash for the kids and an Officer to shop for their own gifts. Two officers responded to a 9 -1 -1 call and found a little girl who was sad because there was no Christmas tree in her home. The two Officers later delivered a Christmas tree to the home, complete with a stand, lights and ornaments; an example of the compassion and dedication of the Officers representing the City of Boynton Beach. Vice Mayor Casello recalled a tragedy he experienced in his personal life and hoped the true meaning of Christmas and the many blessings would not be forgotten. The holiday season has morphed from 12 days of Christmas to 120 days. The real gifts are the loved ones around each and everyone that should be kept in our hearts with humanity and kindness. He wished everyone a happy and safe holiday. 2 DECEMBER 2, 2014 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. DECEMBER 2, 2014 Commissioner Fitzpatrick had attended the Forest Park Neighborhood Association meeting and the League of Cities luncheon. He had met with the Casa Del Mar developers and the Dimick Road neighbors. After the tree lighting ceremony the Sister Cities organization would be selling poinsettias at Ace Hardware. Commissioner Fitzpatrick noted the passing of Coach Cooper, his high school coach at Seacrest Atlantic High School. Commissioner McCray had gone to the League of Cities luncheon. He pointed out today is the season of giving and was honored to be present at the Habitat for Humanity dedication of their last house in District II. He echoed Vice Mayor Casello's remarks and wished the season of giving could be 365 days as representatives of the City of Boynton Beach. He thanked the residents and was proud to represent each and every one. Commissioner Merker totally agreed with the remarks of his fellow Commissioners. He reminded everyone of the Christmas tree lighting and Hanakkuh lighting that would bring people together to share the moment and the parade on Saturday. Mayor Taylor thanked all of those who come to the Commission meetings and provide comments and feedback. Participation of the citizens is vital for the City to grow. Mayor Taylor displayed luggage tags that would be handed out so those who travel can market the City for others to come, work, play and live here. Mayor Taylor had gone to Cross Pointe Elementary School for Career Day and spoke with two fifth grade classes. On Friday he went to the ribbon cutting at Tijuana Flats on Congress Avenue. He chaired the General Employees' Pension Board meeting and attended the Legislative Luncheon at Bethesda Hospital with various governmental representatives. There was hope to get some type of legislation to regulate sober homes that affects all communities. The City of Boynton Beach hosted the League of Cities luncheon and it was announced that Boynton Beach won the Literary Reading contest for all large cities in Palm Beach County having read to over 2,000 children. The City Manager and Mayor had gone to the Palm Beach County Board of Commissioners meeting to support the County staying with the Treasure Coast Regional Planning Council, a partner for over 20 years with the City of Boynton Beach. There was a unanimous vote to stay with the Treasure Coastal organization. Commissioner McCray thanked Eleanor Krusell, the Communication Manager and Lori LaVerriere, City Manager, for going to the meeting at Rolling Green with him. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. A. Presentation of a plaque to Sister Lorraine Ryan by Mayor Taylor in recognition of being selected the Grand Marshal of the 2014 Holiday Parade. Wally Majors, Recreation and Parks Director, said it was his honor to present the Grand Marshal of the Holiday Parade, Sister Lorraine Ryan. She has been a vibrant force in the community to assist poor and underprivileged women in the community to gain employment. She takes an active interest in local affairs and has a strong link with other local organizations. Mayor Taylor presented Sister Lorraine with the plaque acknowledging her as the Grand Marshal of the Parade. Mayor Taylor added her facility was expanded to accommodate her successful programs. Sister Lorraine asserted the women at the Women's Circle should also be honored for their efforts to be educated and find jobs. The journey goes on for everyone. B. In observance of the Jewish holiday of Hanukkah, the second meeting in December will be held on Monday, December 15, 2014 at 6:30 p.m. in City Commission Chambers. Mayor Taylor announced the change of the Commission date from December 16 to December 15 in observance of the Jewish holiday. C. City Hall will be closed on Friday, December 26, 2014. It was announced City Hall would be closed on Friday, December 26 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) Vivian Brooks, CRA Director, invited everyone to the tree lighting in front of the Children's Schoolhouse Museum. Vendors would be present and there would be a free concert with the festivities starting at 5:30 p.m. At 3 p.m. the next day would be the Holiday Parade, a long time tradition. The next weekend is the Boat Parade that could be viewed from the Two George's area and Intracoastal Park starting around 5:30 p.m.with entertainment available in the Marina area. The following Saturday would be a holiday movie at the amphitheater with other children's activities. Rev. Bernard Wright commended the City for being effective and efficient in getting things done and added it was appreciated and the City was doing a great job. 4 DECEMBER 2, 2014 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. DECEMBER 2, 2014 Gary L. Fishman, 3504 Diane Drive, loves the City of Boynton Beach and was President of the Diane Drive Neighborhood Association. He commented on the potential of a park on the south end of the neighborhood and north of the L30 canal along Lake Ida. He observed the traffic created by the park would be of grave concern as well as the disruption and crime potential. The creation and maintenance cost would be extreme and at a great expense to taxpayers. The obvious problem was the land is landlocked. The funds expended could be much better used for other City worthy causes. Audrey Gerger, 331 NW 1 Avenue, did not want grass in her front yard where the utility repairs were being done. Her lot did not include grass and she designed the area with sculptures and stepping stones, gardens and fountains. There is no grass and she did not want to maintain any grass area. The front is a parking area with a very narrow driveway that is gated as well as the entrance. She requested the area be graveled and with pea pebbles and no grass. The parking has to be in the front area so the gates are not damaged. Mayor Taylor advised the matter would be investigated. Suzanne Ross, Director of the Schoolhouse Children's Museum, reported November had solid visitation figures and increased donations by individuals. The Museum realized increased gross income of over 25% over last November. There would be a gift bazaar on Sunday with 20 vendors and a visitation by Peter Pan and Tinkerbell as well as Santa from 10:30 to 11:30 a.m. Hanukkah with Miss Helen would be held on December 18 and there would be a Happy New Year event to offer children the opportunity to celebrate like their parents. Everyone looked forward to a New Year. On February 28, 2015 a reunion bash would be held to bring together former Boynton Beach school students and Museum supporters. Mayor Taylor commended Ms. Ross for the many activities at the Museum that bring in revenue to support the Museum which is greatly appreciated. James DeVorsney, 2625 Lake Drive North, thanked the Commission for the countless hours and phone calls in an attempt to resolve issues in his neighborhood. The residents looked forward to coming back to the Commission with items that would provide a nice resolution for all. Tony Mauro, 2611 Lake Drive North, and his neighbors, had spent a great deal of time with staff and he appreciated the staff and City for the effort to resolve the problems. He contended Boynton Beach was in a position to be a unique City. He hoped the opportunities would be a seized to improve the City of Boynton Beach. Howard Finger, a seasonal resident of Boynton Beach, requested• the Commission consider giving free beach decals to the handicapped, as it had done in the past. No one else coming forward, Mayor Taylor closed Public Audience. 5 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 4 Regs and 2 Alts Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 2 Regs and 1 Al. Education and Youth Advisory Board: 4 Regs, 2 Alts, 2 Stus, 1 NN Stu Employee's Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 2 Regs and 2 Alts Planning and Development Board: 3 Regs and 2 Alts Recreation and Parks Board: 2 Regs and 2 Alts Senior Advisory Board: 5 Regs and 2 Alts Veterans Advisory Commission: 2 Regs and 4 Alts Police Pension Trustees: 2 Regs The following appointments were made: DECEMBER 2, 2014 Vice Mayor Casello appointed Cynthia Edward as a regular member of the Arts Commission. Commissioner Merker seconded the motion. The motion passed unanimously. Mayor Taylor appointed Deborah Bottorff as a regular member of the Arts Commission. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner Merker appointed Anderson Slocombe as a regular member of the Arts Commission. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner McCray tabled his appointment to the Building Board of Adjustment and Appeals. The motion to table passed unanimously. Mayor Taylor appointed Claudia Stine as a regular member of the Cemetery Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner Merker appointed Carla Colebrooks as a regular member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. 6 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. DECEMBER 2, 2014 Commissioner McCray appointed Hattie Miller as a regular member of the Education and Youth Advisory Board. Vice Mayor Casello seconded the motion. The motion passed unanimously. Commissioner Fitzpatrick appointed Dr. Stephanie Hayden as a regular member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. Vice Mayor Casello appointed Barbara McGee as a regular member of the Library Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner Fitzpatrick nominated Trevor Rosecrans as a regular member of the Planning and Development Board. Commissioner McCray seconded the motion. The motion passed unanimously. Vice Mayor Casello appointed Nicholas Skarecki as a regular member of the Planning and Development Board. Commissioner Fitzpatrick seconded the motion. The motion passed unanimously. Mayor Taylor appointed Stephen Palermo as a regular member of the Planning and Development Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner Merker appointed Sharon Grcevic as an alternate member of the Planning and Development Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner McCray appointed Patricia Conlon as an alternate member of the Planning and Development Board. Commissioner Merker seconded the motion. The motion passed unanimously. Vice Mayor Casello pointed out Sharon Grcevic was a regular member and was now appointed as an alternate member of the Planning and Development Board. Mayor Taylor appointed Renee Stern as a regular member of the Recreation and Parks Board. Commissioner Merker seconded the motion. The motion passed unanimously. Commissioner Merker appointed Robert Lapin as a regular member of the Recreation and Parks Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner McCray appointed Julie Mondello as an alternate member of the Recreation and Parks Board. Commissioner Fitzpatrick seconded the motion. The motion passed unanimously. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. DECEMBER 2, 2014 Commissioner Fitzpatrick reappointed Jean Young as a regular member of the Senior Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. Vice Mayor Casello appointed Janet Harris as a regular member of the Senior Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. Mayor Taylor appointed Tony LaRiccia as a regular member of the Senior Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner Merker appointed Katherine Lynch as a regular member of the Senior Advisory Board. Commissioner McCray seconded the motion. The motion passed unanimously. Commissioner McCray appointed Denise Chamberlain as regular member of the Senior Advisory Board. Vice Mayor Casello seconded the motion. The motion passed unanimously. Commissioner McCray appointed Karl Washington as a regular member of the Veterans Advisory Committee. Commissioner Merker seconded the motion. The motion passed unanimously. Commissioner Fitzpatrick appointed Kenneth Nichols as a regular member of the Veterans Advisory Committee. Commissioner McCray seconded the motion. The motion passed unanimously. Vice Mayor Casello appointed Robert Manson as an alternate member of the Veterans Advisory Committee. Commissioner McCray seconded the motion. The motion passed unanimously. Vice Mayor Casello appointed Toby Athol to the Police Pension Trust Fund Board. Commissioner McCray seconded the motion. The motion passed unanimously. Mayor Taylor appointed Scott Caudell to the Police Pension Trust Fund Board. Commissioner Fitzpatrick seconded the motion. The motion passed unanimously. 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 MEETING BOYNTON BEACH, FL. 9 DECEMBER 2, 2014 A. PROPOSED RESOLUTION NO. R14 -125 - Approve the one -year renewal to the Towing Franchise Agreement with Beck's Towing and Recovery, Inc. and Zuccala Wrecker Service, Inc. under the same Terms and Conditions and annual Franchise Fee of $95,000 from each vendor; authorize the City Manager to sign the renewal. B. PROPOSED RESOLUTION NO. R14 -126 - Approve Settlement Agreement with Yachtsman Properties, LLC., for underbilled water, sewer and garbage services; authorize the Mayor and City Clerk to sign the Settlement Agreement. Vice Mayor Casello understood the property was for sale and there is a balance owed of $125,000 for water. The request was to negotiate the sum owed from $125,000 to $70,000. Vice Mayor Casello disagreed with any settlement since many residents had their water disconnected for non - payment of a bill. There would be a profit made on any sale and the full amount owed should be paid for the water used. He opposed the settlement offer. Commissioner McCray offered the owner was negotiating in good faith to improve the property. It was not his mistake and the owner should not be held liable. Commissioner Merker concurred and the improvement would be a positive for the City. It would be a good business investment. David Katz, 67 Midwood Lane, noted the property value was approximately $2.8 million and the water bill settlement was insignificant. A compromise would send the wrong message to the residents who use the water, sewage and garbage and pay their bill every month. The City should collect the amount due. Commissioner Fitzpatrick noted the owner was not billed and did not know he owed the monies. It would have been shut off if it was not paid, but the billing did not occur. He favored the settlement offered. Mayor Taylor understood both sides and wondered if there could be a middle ground of perhaps $100,000 rather than $70,000 settlement. Vice Mayor Casello conceded the $100,000 would be acceptable. It was a commodity that the property used and the bill has to be paid. Commissioner Merker felt the City should correct its mistake and negotiate. Vivian Brooks, CRA Director, had spoken with the current owner and the sale was a short sale with no profit gained. The owner was concerned with the amount. The new owners do have plans for improvement. There is precedent for a settlement under the same circumstances. She requested the Commission view the big picture and the importance of getting the property improved and return value to the City. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. Commissioner McCray asked staff for the initial proposed amount to be paid. Ms. LaVerriere reported the initial offer was for $52,000 and the City countered higher and got an agreement at $70,000. Motion Commissioner McCray moved to accept the $70,000 settlement figure. Commissioner Fitzpatrick seconded the motion. Commissioner Merker noted the prior large settlement was with Hunters Run. Vote The motion passed 3 -2 (Mayor Taylor and Vice Mayor Casello dissenting). C. Approve the payment in the amount of $32,879 to Laserfiche, Inc. for annual Laserfiche software maintenance. D. Declare 13 City vehicles as surplus and approve the sale of these vehicles via the auction process. DECEMBER 2, 2014 Approve one -year extensions for RFPs /Bids and /or piggy -backs for the procurement of services and /or commodities as described in the written report for December 2, 2014 - "Requests for Bid Extensions and Piggy- backs ". F. Approve the minutes from the Regular City Commission meeting held on November 18, 2014. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 14 -031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right -of -way to be abandoned is 40 feet wide and extends a 10 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. DECEMBER 2, 2014 distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (Tabled to 12/02/14) B. PROPOSED ORDINANCE NO. 14 -032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14 -001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (Tabled to 12/02/14) C. PROPOSED ORDINANCE NO. 14 -033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14 -001) from R -1 -AA (Single - Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (Tabled to 12/02/14) D. PROPOSED ORDINANCE NO. 14 -034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14 -005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (Tabled to 12/02/14) E. Approve a New Master Plan /Site Plan (NWSP 14 -004) to allow construction of 80 fee - simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant/Owner K. Hovnanian T & C Homes at Florida LLC. (Applicant requests tabling to 12/02/14) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discuss process to appoint the CRA Board seat that will become vacant in March, 2015. Commissioner Merker requested the City Commission discuss how the selection process would take place Commissioner Merker contended citizens' willingness to participate in government is healthy. New volunteers are important as are those currently willing to serve. 11 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. Advertising for volunteers is a plus and called open government to get more citizen involvement. He felt it was important and in December, advertisements should be done. Mayor Taylor noted citizens can apply for any opening on the boards. Commissioner Merker stressed advertisements would be appropriate to ensure all citizens are aware of the opening. Ms. LaVerriere offered that the opening could be advertised in the Palm Beach Post or noted on the web page or CRA web page, social media and Facebook. Motion Vice Mayor Casello moved the opening be placed on the web site. Commissioner McCray inquired how all board openings are advertised. City Clerk Prainito advised when the agenda is published, the openings are listed. Commissioner McCray felt the procedure in place should be utilized. Commissioner Merker wanted to try other avenues with an advance procedure. The motion failed for lack of a second. 13. LEGAL DECEMBER 2, 2014 Commissioner Merker was amazed the City did not believe in open government. Vice Mayor Casello countered he made the motion to advertise. A. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney - client session of the City Commission to discuss pending litigation in the following case: C.M., Plaintiff vs. CITY OF BOYNTON BEACH and STEPHEN JAMES MAIORINO, Defendants — Case No. 2014CA013942 Division AN Attorney Cherof suggested the session be held before or after the next Commission meeting. Mayor Taylor suggested it be prior to the meeting. There was consensus to meet at 5:45 p.m. on December 15 prior to the regular meeting. 14. FUTURE AGENDA ITEMS A. Commission discussion and direction for the Financial Advisory Committee for the FY 14/15 - TDB 15. ADJOURNMENT 12 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. DECEMBER 2, 2014 There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:37 p.m. 13 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL. ATTEST: t M. Prainito, MMC City Clerk ith A. Pyle, C eputy City Clerk Pka.L., fD 14 DECEMBER 2, 2014 CITY OF BOYNTON. BEACH Michael M. Fitzpatrick, Com ssioner