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Minutes 04-21-15PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Michael M. Fitzpatrick, Commissioner ABSENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN THE LIBRARY PROGRAM ROOM, LIBRARY, 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 21, 2015 AT 5:30 P.M. Mack McCray, Commissioner 1 Carisse LeJeune, Assistant City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 5:30 p.m. He turned the meeting over to Attorney Cherof to announce the closed -door session. CLOSED -DOOR SESSION held on April 21, 2015 at 5:30 p.m. for a private attorney - client session to discuss pending litigation in the case of CHRISTOPHER PARKER, individually and on behalf of others similarly- situated, Plaintiffs vs. ATS CONSOLIDATED, INC., et al, Defendants -- United States District Court for the Southern District of Florida, Case No. 1:14 -CV- 24010 -FAM Attorney Cherof advised the session should be 30 to 40 minutes. In attendance will be the members of the Commission, Shana Bridgeman, Assistant City Attorney, Attorney Cherof and a Court Reporter. At the conclusion of the closed -door session there will be another short closed -door session regarding collective bargaining with the Police Benevolent Association (PBA). There is no notice requirement for bargaining negotiations. Upon return, it would be noted the closed -door session had concluded on the Parker case, and the regular agenda would resume. Mayor Taylor called the meeting in recess for the closed -door session. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Mayor Taylor announced the closed -door session had concluded and called the regular City Commission meeting to order at 6:50 p.m. He thanked the audience for their patience. Invocation The invocation was given by Police Chaplain Woodrow Hay. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor The Pledge of Allegiance to the Flag was recited. Roll call showed Commissioner McCray was absent and all other members were present. Carisse LeJeune, Assistant City Manager, thanked those present for coming and apologized for the immediate change in venue. She thanked the staff who assisted with the relocation of the meeting. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof added under Legal, a request for a private attorney - client session in the lawsuit, Lloyd E. Minnis versus the City of Boynton Beach. He requested it be in conjunction with the next Commission meeting and would require about 30 minutes. Vice Mayor Casello pulled Item 6.I for information. Motion 2. Adoption Commissioner Merker moved to approve the agenda as amended. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission 2 April 21, 2015 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA April 21, 2015 Vice Mayor Casello asked a future agenda item be added to discuss the disposition of the tanks at the former AmeriGas site on Federal Highway. Commissioner Fitzpatrick had gone to the County Commission meeting where the sale of the Lake Ida property to Delray Beach for $100,000 was approved. There was irritation toward the City of Boynton Beach for rejecting the offer after indicating the City of Boynton Beach wanted to purchase the property. He met the situation head on by throwing the majority of the Boynton Beach City Commission under the bus. He remarked it was rejected because there were three old men with 1950 mindsets. The next person to speak called the three Commissioners grumpy old men. He wanted to apprise the Commission of the remarks. Vice Mayor Casello also wanted to add to Future Agenda items, a discussion on delinquent water bills. One is the Crossings for $142,000 and the other for Yachtsman's Plaza. Agreements were made for both establishments to pay the amounts owed and there has been no compliance. Mayor Taylor understood the two entities were given 45 days to respond. Mayor Taylor had gone to the INCA picnic that was attended by Commissioners Merker and McCray and Buck Buchanan, CRA Board member. Mayor Taylor announced a Children's Disaster Services Volunteer Workshop would be held at the First United Methodist Church starting on Friday, April 24 He mentioned the committee on Mental Health has been working very hard and doing a great job. Commissioner Merker spoke about the reference of being called grumpy old men and stressed the grumpy old men got their way. No money was expended and maintenance expenses eliminated. The money could go for the existing parks. It was a success for the City of Boynton Beach. Mayor Taylor mentioned he regretted that Commissioner Fitzpatrick had made some unprofessional comments in a derogatory manner about his fellow Commissioners at the City of Delray Commission meeting and at the County Commission meeting. He understood Commissioner Fitzpatrick was very close to the issue. It is now in the past. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim April, 2015 as "Paralyzed Veterans of America Awareness Month ". Mayor Taylor read the Proclamation for Paralyzed Veterans of America Awareness Month. He encouraged the citizens to honor the paralyzed veterans. B. Announce Earth Week 2015 Activities for the City of Boynton Beach 3 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 4. PUBLIC AUDIENCE April 21, 2015 Carisse LeJeune, Assistant City Manager, recognized Earth Week and indicated there would be an Arbor Day tree planting at 9 a.m. at the Boynton Lakes Park. The challenge for Water Conservation was still open for entries at www.mywaterpledqe.com. Residents in the winning cities may win prizes. Thursday at 6 p.m. the Boynton Beach Utilities Department would be hosting a Water Conservation Workshop with Water Management District Representatives and do- it- yourself demonstrations from Lowe's and the University of Florida for drought resilient landscaping and low flow plumbing. There would be light refreshments served. She invited everyone to celebrate Earth Week and help conserve water for the City. 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) Harry Woodworth, 685 NE 15 Place, President of INCA, thanked the Commissioners, Fire and Police personnel who attended the picnic on Sunday. There are six empty poles on Federal that should be removed shortly and there remains 10 or 11 with wires. He suggested Federal Highway is embarrassing heading south into the City. It reflects on the entire City. The plants could be fixed and litter cleaned from the medians. Ray Whitely, 5503 Wishing Star Lane, Greenacres, thanked the Commission, Chief Katz and Ms. LeJeune for their help with the MLK candlelight vigil. He gave a special thank you for the anonymous donation that contributed personal funds for the event. There were 250 to 300 people in attendance. Kevin Hallahan, City Forester and Environmentalist, introduced two individuals from the Landscape Inspectors Association of Florida. Ted Cosak, representing the Association and as the Zoning Administrator for the City of Greenacres, related the organization is a collaboration of landscape professionals whose mission is to train, certify and provide peer leadership in the landscape profession and promote landscape best practices. The organization is three decades old and has been setting standards for professional members and providing education to the public. The members are responsible for landscape inspections, landscape ordinance development and management, plan reviews and compliance with Florida Department of Plant Industry grades and standards. Education opportunities for home owners, arborists, tree trimmers, nursery professionals and contractors on proper installation techniques are provided. Certification is a fundamental value of the Association. Water conservation is encouraged and even elimination of landscape watering by using native plants requiring little or no irrigation. 4 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA April 21, 2015 December Haynes, a member of the Landscape Association, congratulated the City of Boynton Beach and staff for selection of parks and plants. The City was doing a fantastic job and obviously the City cares about water and best management principals. Robert Pollock, 210 NE 27 Avenue, had gone through the Heart of Boynton and it was coming along fine. He would continue to watch the area and attend any meetings to ensure the area is not forgotten. 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: 2 Alts Building Board of Adjustments and Appeals: 2 Alts Cemetery Board: 1 Reg and 1 Alt. Education and Youth Advisory Board: 1 NN Stu Employees' Pension Trustees: 1 Reg. Golf Course Advisory Committee: 1 Reg and1 Alt Historic Resource Preservation Board: 1 Alt Library Board: 1 Reg and 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Motion Commissioner Fitzpatrick nominated Lisa Hyman as an alternate member of the Arts Commission. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Commissioner Merker moved to appoint Christina Romelus to the Building Board of Adjustment and Appeals as an alternate. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker asked to table his regular appointment to the Library Board. 5 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA April 21, 2015 Mayor Taylor moved to appoint D'ette Mathews as an alternate on the Library Board. Commissioner Fitzpatrick seconded the motion Vote 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 A. Approve the sole source purchase of three (3) battery- powered stretchers as per the Palm Beach County Emergency Management (PBCEM) recently awarded Emergency Medical Services grant cycle for 2015. The purchase will be made through Stryker -EMS Equipment, Portage, MI, for a total expenditure of $37,332. B. Accept the written report to the Commission for purchases over $10,000 for the month of March 2015. C. Approve purchase of replacement pumps from Florida Bearings a division of Kaman Industrial Technologies of Riviera Beach, FL to replace the pumps for Lift Stations # 413, 403, 606 and 812 in the amount of $35,052.03 as a sole source purchase. D. Approve the acceptance of the reimbursement agreement between the City and the Bureau of Medical Oversight (BEMO) and Florida Department of Transportation (FDOT) in the amount of $33,800 for EMS Data Collection funding assistance. E. Approve a purchase order for the removal of approximately 7000 cubic yards of lime sludge from the East Water Treatment Plant by WestWind Contracting for the estimated cost of $68,500. This removal is immediate due to the start of construction for the upgrading of the East Water Treatment Plant. 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 April 21, 2015 - "Request for Extensions and /or Piggybacks ". G. Authorize rejecting the one bid submitted in response to the solicitation for a "Two Year Bid for Diesel /Propane Generator and By -Pass Pump Maintenance and 6 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA April 21, 2015 Repair Service ", Bid No. 036- 2821- 15 /JMA for the Utilities and Facilities Departments, and re -bid the services with minor changes in the specifications. H. Approve the minutes from the Regular City Commission meetings held on April 7, 2015 and the Special City Commission meetings held on January 13, 2015 and September 11, 2014 I. PROPOSED RESOLUTION NO R15 -038 - Adopt the City's Local Housing Assistance Plan (LHAP) which has been updated for State Fiscal Years 2015/16, 2016/17, and 2017/18. Plan approval is for the continuation of the State Housing Initiatives Partnership (SHIP) Program. Vice Mayor Casello understood the program had been suspended. Octavia Sherrod, Community Development Manager, did not agree. Nancy Byrne, Director of Development, advised the Florida Housing Plan had been suspended. The Local Housing Assistance Plan is the state housing initiative program plan. Commissioner Casello understood the City's Affordable Housing Ordinance had been suspended. He asked if it would be reinstated. Ms. Byrne replied it would be a discussion and decision for the Commission. An analysis is done every year. She felt confident the recommendation would be to reinstate the plan because of the increase in rental rates and housing prices. Vice Mayor Casello had read that a developer could opt out of the program by paying a fee. Ms. Byrne replied that was the County's policy. The City's policy has not had a buyout. The preference would be for the developer to build the affordable housing into the project. Local Ordinances would require builders to provide affordable housing units in a project. The effect would depend on the market. The City may have to provide affordable housing somewhere else in the City than the proposed project. All the service workers cannot be pushed from the City because there is not an affordable place to live. It is being done by the City in the Model Block program. It would be a City -wide program and not confined to the CRA or CDBG districts. There would be more discussion in September. Commissioner Merker asked if there was room for negotiations with these people. Ms. Byrne projected it would be discussed during strategic planning. It will be first and foremost on Development's list of items to be covered. The current issue only relates to State housing monies. Motion Commissioner Merker moved to approve Resolution No. R15 -038. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA April 21, 2015 J. PROPOSED RESOLUTION NO. R15 -039 - Approve entering into the Legal Records Escrow Agreement (Civil Traffic and Criminal Court) establishing an account with the Clerk and Comptroller of Palm Beach County in the amount of $1,500 and authorize the City Manager or designee to sign required documents. K. PROPOSED RESOLUTION NO. R15 -040 - Authorize the conveyance of 480 E. Ocean Avenue to the CRA, and to authorize the Mayor and City Clerk to sign the conveyance documents. L. PROPOSED RESOLUTION NO. R15 -041 - Authorize the City Manager to sign the application to the Florida Department of Environmental Protection for $57,000 to provide a non - motorized vessel launching facility at Intracoastal Park and execute all application related documents and to approve the inclusion of the Intracoastal Park non - motorized vessel launch facility project in the FY2015/2016 Capital Improvement Plan. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement of $39,000 in case of William Patterson vs. City of Boynton Beach. Motion Vice Mayor Casello moved to approve the negotiated settlement of $39,000. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 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. FIRST PUBLIC HEARING to approve land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC that involves defining the developer maintenance obligations and process for credits to certain impact fees. (Tabled on 4 -7 -15) 8 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Motion Commissioner Fitzpatrick moved to remove Item 7.A from the table. Vice Mayor Casello seconded the motion Vote The motion passed unanimously. Motion Vice Mayor Casello moved to approve the land development agreement. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Mayor Taylor opened the issue for public hearing. No one came forward. Vice Mayor Casello asked if there was a timeline when the project may start. Tom Hayden, with Lecesee Development, in Altamonte Springs, advised they were targeting for a starting date of mid -May. There are many documents being circulated between the parties. Mayor Taylor located the property across from Hurricane Alley. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R15 -042 - Authorize the City to enter into a Rate Lock agreement with Bank of America, N.A. with respect to the proposed Public Service Tax Revenue Refunding Bond, Series 2015. Motion April 21, 2015 Vice Mayor Casello moved to approve Proposed Resolution No. R15 -042. Commissioner Merker seconded the motion. Vice Mayor Casello suggested the agreement would be saving the City of Boynton Beach some money. 9 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 10 April 21, 2015 Tim Howard, Director of Finance, recalled there was a recent refinancing at the CRA Board. The Financial Advisor issued a RFP (Request for Proposal) for the City to refinance the public service tax debt of about $25 million to 2026. The most responsive proposal was from Bank of America through their affiliate Banc of America Preferred Funding Corporation. The request was to approve a rate lock agreement and the proposed closing is May 15 As of today it was believed Bank of America would lock in a rate of 1.95% and we are currently paying 4% and 5% on our bonds. The next fiscal year the debt service will be reduced by in excess of $130,000 and the next 11 years thereafter it will reduce over $200,000 a year for a total of more than of $2.3 million over the next three years as a reduction in debt service payments. Mayor Taylor repeated the City would be saving $2.3 million over the life of the bond by refinancing. Vote The motion passed unanimously. 13. LEGAL A. Discussion of the City of Boynton Beach Red Light Camera Program (Tabled on 4 -7 -15) Motion Vice Mayor Casello moved to remove Item 13.A from the table. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Attorney Cherof realized the public and officials had been following the media stories regarding the City's red light camera program. Boynton Beach is one of the last cities standing with respect to continuing enforcement of the program. On April 1 there was a hearing before a local judge with 200 cases. One case was heard specifically. The media has created the red light program as a money grab for the City with little said about the public safety issue. Attorney Cherof explained how the videos were taken and record the picture of the violation. After viewing the video, the judge acknowledged the technical violation. There could have been a dangerous accident resulting in personal injury. Nevertheless, the Court dismissed all the cases. Four other videos of violations were shown. The safety issue involved is obvious. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 11 April 21, 2015 On the basis of some technicality about who has the authority to issue a ticket, the Courts have ruled that the program should result in dismissal of the cases because ATS conducts the program for the City. In reality, the City of Boynton Beach has not delegated its responsibility to ATS and maintains it. A written order has not been entered. The City has a contract with American Traffic Solutions (ATS) that allows the City or ATS to terminate the agreement if written notice is provided. Another section provides if any court rules or declares that the City's red light enforcement program or the program set forth by State law is invalid, the contract can be terminated. Another section says the contract can be terminated if a decision by the court makes it impractical to operate the red light enforcement program. If the City decides to terminate the program, ATS has 45 days to try to cure the defect as a result of the termination. Attorney Cherof's recommendation was to put ATS on notice that the City thinks the contract cannot be enforced, give them written notice and provide the 45 days to provide a remedy to fix the program. The request was for the authority to write a letter to ATS and see how they react. Mayor Taylor commented the judge stated there was no doubt the people had broken the law. The process is the Police Department reviews the videos and forwards only valid violations to ATS. Mayor Taylor stressed that running red lights puts lives in danger. Vice Mayor Casello opined a red Tight or stop sign has never stopped anybody. With all the publicity on the red light cameras people are still running the lights. In March, the City collected the most money since the cameras went up. The cameras do not deter people from running the red lights. He believed the contract was defective. He had gone to the appeal hearing and the judge had no appetite to prosecute and he dismissed the tickets and all future tickets. The confusion is for people who have gotten tickets if they choose to appeal. As a Commissioner, he wanted to bring the cameras down. If they are given notice and return with a solution, who judges if their solution truly fixes the issues? Attorney Cherof advised unless the City Commission believes the fix is a fix, there is no agreement and the contract would end. If the Commission agreed with ATS that the proposal was a fix, it would not likely deter anyone from challenging the next red light ticket. In Vice Mayor Casello's opinion the cameras should go dark and give ATS their 45 -day notification to terminate the contract. Mayor Taylor agreed. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Commissioner Merker agreed it had to be done. He reiterated the issue is safety. No one likes to pay $158, but people make mistakes and maybe not purposely. The idea is a potential fix could be good for the majority of the people. As a firefighter in Boynton Beach, Commissioner Fitzpatrick had been on several calls where drunks had run red lights. He felt the red light cameras do perform an excellent service of attracting attention for offenders who may receive some intervention before the accidents are worse. If the tickets are being thrown out for legal technicalities there is not much the City can do to keep it going. He agreed with the 45 -day letter to see if they can fix it. Vice Mayor Casello was not sure all the red light camera violators are drunk. Mayor Taylor opened the issue for public comment. April 21, 2015 Mary McCarthy, 2016 S. Federal Highway, understood the tickets are now all null and void without any further process. She had written a letter asking for an administrative hearing. She asked if the previous advice to go back to New Jersey was correct. Mayor Taylor cautioned the Commission was not addressing any tickets that have been issued. The recommendation is for the cameras to now go dark and no tickets issued. Attorney Cherof advised Ms. McCarthy if she ran a red light, she should pay the fine. He emphasized things were not being put on hold. The Commission is deciding what should be done going forward from today. Mayor Taylor indicated if she got a ticket there is photographic proof there was a red Tight violation. He suggested she pay the ticket and let it go. She attempted to make a legal argument and Mayor Taylor advised she would have to work that out with the judge. Any potential law goes through stages before it settles in. Sunny Garcia, 1631 NW 3rd Lane, repeated his suggestion to install a blinking light that warns you when the light is going to change. Mayor Taylor suggested that was the purpose of the yellow light. Vice Mayor Casello indicated if he received a ticket he would file an appeal if he felt he was innocent. If he was guilty, he would pay the ticket. If there was any doubt, he would file an appeal. Motion Commissioner Merker moved that the cameras go black and the City submit a letter to ATS to cancel the contract. Vice Mayor Casello's recommendation was to go dark with the cameras and give ATS their 45 days of notice and if there is no fix in that time, the contract be terminated. Mayor Taylor declared it was a motion and Commissioner Merker seconded the motion. 12 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA Vote The motion passed unanimously. April 21, 2015 Attorney Cherof noted there was a second part to the item. When the judge signs an order, the clock will begin for the time to take an appeal. In discussion with ATS, they agreed to pay all the costs of an appeal. Attorney Cherof asked for authorization to take an appeal once the order is signed. Motion Commissioner Merker so moved. Commissioner Fitzpatrick seconded the motion. Vice Mayor Casello asked if it truly meant "all" costs and Attorney Cherof verified ATS had said "all" costs. There would be a written acknowledgement. Vote The motion passed unanimously. An item was added to ask for a closed -door meeting. Attorney Cherof advised a half hour would be sufficient to discuss the case. Motion Vice Mayor Casello moved to have the session one -half hour before the next City Commission meeting. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. 14. FUTURE AGENDA ITEMS A. Recommendation to amend fee schedule and related Code language involving special events - May 5, 2015 15. ADJOURNMENT Vice Mayor Casello thanked Ms. LeJeune for filling in for the City Manager while she was unable to work and he thanked staff for supporting her efforts. There being nothing further to bring before the Commission, Mayor Taylor properly adjourned the meeting at 7:52 p.m. 13 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ATTEST: et M. Prainito, MMC City Clerk dith A. Pyle, C Deputy City Clerk 14 CITY OF BOYNTON BEACH April 21, 2015 • 1 1 Tayl • • - �- yo sello, Vice Mayor David T. Merker, C iG Mack McCjay, Commissioner Michael M. Fitzpatrick, Com rssioner