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Minutes 05-19-15PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 19, 2015 AT 6:30 P.M. Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Lori LaVerriere City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation by Mayor Taylor Mayor Taylor called the meeting to order at 6:30 p.m. and offered the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray Commissioner McCray led the reciting of the Pledge of Allegiance to the Flag. Roll call revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor asked that Item 13.0 be tabled to the next meeting. Motion Commissioner McCray moved to table Item 13.C. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Commissioner Fitzpatrick wanted to add under New Business, a discussion on a Code violation case regarding Mignano and Richardson. Mayor Taylor indicated it would be Item 12.C. 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vice Mayor Casello pulled Item 6.0 for discussion Motion 2. Adoption Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER May 19, 2015 A. Informational items by Members of the City Commission Commissioner Fitzpatrick disclosed he had met with Attorney Michael Weiner about a Code issue. He attended the Police Memorial Dinner at Village Royale on the Green and the Korean War Veteran Memorial. There was a discussion with the strategic planner, Lyle Sumek and he rescued plants from a scrub area in Lantana. Vice Mayor Casello attended the golf charity tournament for Arts and Disabilities providing services to children with disabilities through arts and songs. He attended the Police Memorial and Award ceremony that gives honor to those who serve and those who passed and meritorious service awards. Commissioner Merker disclosed he had met with Attorney Martin Perry. Commissioner McCray had no disclosures. He did point out the late Mr. Davis had been inducted into the Civil Rights Hall of Fame. Terrence Davis, his grandson, is an elected official from the City of Riviera Beach. In discussion, a history lesson was revealed and well worth hearing. Mayor Taylor had also attended the Korean War Memorial celebration and it was Armed Forces Day. He went to the Police Memorial ceremony and noted to date, this year, 44 police officers have been killed in the line of duty. The death rate is unacceptable. He asked that the police officers be kept in everyone's prayers and thoughts. The Police are the only line of defense between us and the evil that surrounds us. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH. FL May 19, 2015 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Post - Legislative Session update from Florida House Representative Bill Hager, District 89. Bill Hager, representing District 89 in the Florida House of Representatives, outlined his district along the coast line from Boca Raton up to West Palm Beach. He reported he had sponsored an $850,000 appropriation for the beach sewer plant. The budget should be finalized in the next couple weeks. There was $140,000 for renovation of the Woman's Club that has passed both the House and Senate. He worked closely with the City's lobbyist, Mat Forrest, who advocates on behalf of the City of Boynton Beach. The Sober Home Bill has been an ongoing discussion for three years and the related challenges. The Governor should sign the bill that calls for voluntary registration of the homes, licensure of the administrator, licensure of the home itself, criminal background checks in term of investors, executive and CFOs. The Federal government recognizes drug addiction as a disability that is protected. The Bill weaves its way through the Americans with Disabilities Act and the Federal Fair Housing Act. It should address 85% of the problems. Another issue that passed both the House and Senate allows military personnel with an ID to be eligible to check into hotels. Taxes would be cut by 2 /3rds of $1 billion with a reduction of the phone tax, stepping up sales tax holidays and capping testing time for students at 5 %. Drug courts, mental health courts, veterans' courts that are freestanding, were expanding. Beach funding continues in the $3 to $5 million range, including the Lake Worth facility. In education, there was funding for FAU and K -12 funding increased by approximately $200 per student. Commissioner McCray thanked Representative Hagar for work done and understood a special session for the budget had been scheduled. Relating to sober homes, District II was inundated with them. Commissioner Merker concurred with the previous remarks. He requested the Sunshine Law be amended to improve communication. The legislature created the Sunshine Law, but it does not apply to the legislature. Commissioner Merker contended the Law should be amended to be the meeting of three rather than only two talking together. The law was ludicrous in his view. Representative Hager responded he understood the dilemma and was familiar with the restrictions on communication. Any attempt to alter the Sunshine Act results in 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 confrontations and accusations of conspiracies or hiding information. Representative Hager would review the issue. Vice Mayor Casello thanked Representative Hager for appearing and praised him for his ability to work across the aisle and being available to his constituents to answer any questions. Commissioner Fitzpatrick agreed. He asked about the next step in the sober home issues and if there is relief available through Congress. Representative Hager explained the bill takes effect July 1 2015; however, the practical date is January 1 2016 because there is credentialing that has to be established, record checks and standards that were contemplated by the bill. It will take some time. The concept was the advertisement of facilities that are "certified" sober homes would be beneficial. Educating those searching for assistance will be a necessary step. It was questioned if the insurance companies would only pay money to certified homes and Representative Hager responded it would be a function of private contract. There has been significant insurance fraud in many of the homes in place. Sober homes are at the end of the care continuum for those addicted. No licensed drug therapist can refer a patient into a sober home unless it is certified going forward. Commissioner Fitzpatrick asked for Representative Hager's position on the State buying land as indicated in the First Amendment. Representative Hager agreed with the language passed by the voters, that is now an amendment to the Constitution. Emphasis is on how the monies can be used in any number of ways relating to water. It is not solely being used for the purchase of land. The request for funds should be reviewed on a case -by -case basis in Representative Hager's opinion. Medicaid expansion was not fully resolved due to the abrupt end of the legislative session. It related to Medicaid's application to able- bodied individuals. In Florida, under Kids Care, any child under 18 is covered with the cost based on income. Currently Medicaid consumes 35% of Florida's budget. It covers all low income children, pregnant women and people with disabilities. The expansion is to include able- bodied individuals who are up to 138% of the poverty level. Representative Hager was going to keep an open mind. If agreement could not be reached it will be an ongoing dispute due to the challenges facing hospitals and other medical facilities. Commissioner Fitzpatrick referred back to the reduction in phone tax and asked who would not get the revenue being generated. Representative Hager responded a good share is revenue to municipalities. The revenue to the City was cut. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 Mayor Taylor expressed his appreciation for Representative Hager's openness in Tallahassee. He had obviously listened to the concerns and was looking into the issues. Representative Hager could not promise the world, but would give his most pronounced efforts. B. Presentation by Mat Forrest of Ballard Partners, Inc., on the 2015 Legislative Session for the State of Florida. Mr. Forrest reported the legislative session did not end smoothly. The largest dispute involved the health care issue. Based on the legislative goals established in discussion with staff, it was a good session. No unfunded mandates were passed on a large scale. The cell phone tax has to be determined. The revenue stream was not widely discussed. The Communication Services Tax has been discussed at several sessions. The State has a tax and local government has a communication services tax. The last several years, the State wanted to reduce their tax. It has been jokingly referred to as the Telegraph Tax. It is a tax on hard line phone services that are greatly reduced by the use of cell phones. The State wants to cut their tax, but have not discussed whether the local tax should be cut. The Sober Home legislation or Recovery Residence did pass. It will have a State -wide impact and the initiative came from Palm Beach County. As it is being implemented, Mr. Forrest suggested the Police and staff review the parameters so it can be used to benefit the residents and individual districts. It sets up a voluntary credentialing process for facilities. A criterion was outlined for the establishment of a sober home, including periodic inspections, staffing requirements and indicates those that are certified. The Department of Children and Families would establish the regulatory framework. Companies would be involved to set up the credentialing and the City needs to seek the best use of those tools. Renewing enterprise zones did not pass. None exist in Boynton Beach currently, but it was hoped the zones would be available if needed. It might come back next year, but there is opposition to the old plan and it probably will not happen. Government owned utilities was another hot button and the storm water utility charges to government entities did not change. The beach /sewer treatment plant replacement project was lobbied extensively. It is on the list to be resolved in the budget. The health care issues have to be resolved before other projects can be considered. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 The $140,000 for the Woman's Club is in the House and Senate budget versions. Joint budget conferencing committees are now established to negotiate the final budget numbers. The ultimate budget figures prevail. The park matching grant program, Florida Recreation Development Assistance Program (FRDAP), has not been funded for several years for the large, $200,000 project. The House budget included money to cover all the large projects that include Boynton Beach. If the Senate agrees there may be money for that program. There is an active budget agenda for Boynton Beach going into June when the special session will start. Next year's regular session will begin in January with committee weeks in October or November. Any legislation that fails in this session could be brought back in the next session. The economic development package failed which did address certain transportation impact fees. It needs to be monitored for next year. The Growth Management Bill did pass. It includes provisions that eliminates one DRI to 10 in the State and changes the funding. The Bill did not change any local impact fees. There was legislation that passed regarding local preferences in the procurement process. If State funds comprise over 50% of the project, then local preferences cannot be used. The Uber Bill (Transportation Network Companies) failed. It will probably be back regarding ride sharing services. The bill relating to local police and fire pensions did pass almost unanimously. It addresses what can be done with premium tax funds, 175 and 185 funds. Legislation regarding body cameras for law enforcement personnel did pass. It is not a mandate, but does establish parameters and public record criteria. Mayor Taylor asked about the storm water fee exemptions. Mr. Forrest reported no legislation was filed that would address the issue. It could be a goal for the next year. Commissioner McCray thanked Mr. Forrest for his efforts and for obtaining the funds for the Woman's Club. It is long overdue and any money would be a benefit. In regards to the sober homes, Commissioner McCray pointed out there are sober homes within blocks of Galaxy Elementary School. He was glad there was legislation in place and hopefully Chief Katz would be prepared to move expeditiously. Vice Mayor Casello inquired if the body cameras for police would be a City expense or State funds would be available. Mr. Forrest replied there was nothing in place. Pilot programs were discussed for certain areas. If it was established as a goal for the City to obtain funds for a pilot program, it could be addressed next year. Some municipalities and counties are using body cameras. The public records requirements and associated issues are a concern. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor thanked Mr. Forrest for the update. May 19, 2015 C. There will be joint City /CRA Special Meetings and Workshops for Strategic Planning on the following dates at Intracoastal Park Clubhouse: Tuesday, June 16, 2015 beginning at 9:OOam Wednesday, June 17, 2015 beginning at 9:OOam Mayor Taylor announced the plans for special meetings and workshops on the topic of Strategic Planning. Plans for the City for the next year to five years will be discussed in an open forum. The public is invited. D. The City's FY 14/15 Budget Document has been awarded the Distinguished Budget Presentation Award by the Government Finance Officers Association. Mayor Taylor presented the award to Tim Howard, Director of Finance and commented there was a tremendous amount of work done to achieve the recognition. It is well deserved. Mr. Howard commented it is a team effort with credit given to Tony Davidson, Budget Manager. The Commission, Mayor and City Manager give the direction during the budget season and the Finance staff and other departments compile the necessary information. It is a joint effort. Commissioner Merker thanked Mr. Davidson for the time he spent with him explaining the budget. 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) Al Jones, 365 Main Boulevard, High Point Condominium West, chairs the annual meeting for all five sections and was present representing the 750 homeowners. He requested the Adopt -a -Tree Program be reinstated. It enables the citizens to obtain trees, free of charge, which would be planted by the City to beautify properties. The homeowners have to agree to maintain the trees for the future. The trees would form canopies and shade roads and entrances. The Department of Recreation and Parks supervises the program. Commissioner McCray commented Fort Lauderdale had an Adopt -a -Tree plan and provided 2,500 trees. It was very successful. He would support reinstating the program. Commissioner Merker wanted more information before any vote was taken. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Wally Majors, Recreation and Parks Director, responded the program was eliminated many years ago due to the economy. Mayor Taylor recalled the City purchased the trees. Ms. LaVerriere added there are different forms of the program. There may be grant funds available to obtain the trees. After further research it could be brought forward as a budget item. Commissioner Fitzpatrick commented Glenda Hall and Kevin Hallahan are most knowledgeable and perhaps the program should be under their direction rather than Recreation and Parks. Mark Karageorge, 240A Main Boulevard, concurred with having a tree program. He thanked the Commission for their service. The County Commissioners voted unanimously on the Marina project. It has been ongoing for several years and he thanked those who have supported the initiative. It would benefit the City and the citizens. Mr. Karageorge cautioned pension reform does need to be reviewed. Vice Mayor Casello established the Marina project mentioned was demolition of the existing Dive Shop and creating green space. He did not support the project. Vice Mayor Casello questioned how many accidents the building had caused and if Marina Village wanted the building demolished or the Community Redevelopment Agency. Mr. Karageorge advised it was in the Master Plan developed after extensive public input. Vice Mayor Casello reiterated his contention that the building could be better utilized. Commissioner Merker voiced his opinion in support of the project. It would improve the area and attitude for business. Commissioner McCray clarified the Marina project is in District III. No one else coming forward, Mayor Taylor closed Public Audience. Commissioner McCray stated for the record, 8 May 19, 2015 Suzanne Ross, Schoolhouse Children's Museum, Director, advised April and May have been incredibly busy with a 35% increase in admission revenue for the month of April over the previous year. A very lively summer was anticipated with many classes and programs planned. The 4th of July Celebration and Fundraiser would be hosted again at the Intracoastal Clubhouse. Ms. Ross announced the Museum would be featured in Palm Beach Gardens Lifestyle Magazine in their sensational summer issue. It will further the reach of the Museum and provide positive exposure for the community. Mayor Taylor indicated he was aware of all the activities at the Museum and commended all the efforts. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL "Renaissance Commons, for the new project that they was doing over in District II, they had piles and piles of cement broken up, okay. I called Mr. Livergood because there was kids coming from school that was literally getting on top of those piles and playing. He got with the company, they moved them. I want to personally, openly say to you, sir, thank you. Job well done. Also, at the Senior Center, I go down there, I call it the camp because I don't want anybody to know how old I am, but the refrigerator and the freezer was out. They got that repaired. Thanks again. Also we was looking for ceiling fans. They had to hot wire it, Carisse, and you all for your hard work that's being done. Thank you. I just want to publicly say, you know, when I come with a problem, they have already given it to me. When staff comes back with a solution, I like for it to be open publicly and for the record." Vice Mayor Casello thanked staff for the mattress pickups on Miner Road. 5. ADMINISTRATIVE May 19, 2015 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: 1 Alt Building Board of Adjustments and Appeals: 1 Alt Cemetery Board: 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 Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Mayor Taylor pointed out the applicant for the Arts Commission lives in Delray Beach. It is okay to appoint them if you so choose, for certain committees. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion May 19, 2015 Vice Mayor Casello nominated Sarah Offutt to serve as an alternate member of the Arts Commission based on her love of the arts. Commissioner Merker 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 Motion Commissioner Merker moved to approve the Consent Agenda with the exception of Item 6.C. Commissioner McCray seconded the motion. Vote The motion passed unanimously. A. PROPOSED RESOLUTION NO. R15 -049 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R15 -050 - Accept the offer of $4,500 settlement as a result of a proposed short sale for David and Alexis Massey of 8 Via de Casas Sur, #103, Boynton Beach, Florida, 33426, on which the City holds a second mortgage of $45,000. C. PROPOSED RESOLUTION NO. R15- 051 - Approve and authorize signing of an Agreement for Water Service outside the City Limits with Lennar Homes, LLC. (Silverwood Estates) for the properties 7149 Hypoluxo Farms Road, 5978 Hypoluxo Rd, 5850 Hypoluxo Road, 5376 Hypoluxo Road, 7333 Hypoluxo Farms Road, 7359 Hypoluxo Farms Road, and other unnamed parcels on Hypoluxo Farms Road. The parcels are in the process of platting for a proposed 57.16 acre residential development consisting of 190 single family and 32 multifamily units. Vice Mayor Casello understood the water service agreement could be used to annex the development into the City limits. Mr. Groff agreed, if the development was adjacent 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 to the City. Silverwood Estates was not adjacent to the City limits. An affidavit is signed and a notarized attorney agreement goes with the water service agreement and property that indicates if the City chooses to annex, they cannot protest the annexation. Vice Mayor Casello wanted to know why there have been no annexations. In his opinion the northwest corner of the City boundary is very jagged and practically stops at Lawrence Road. Mr. Groff noted the service area goes to Military Trail. The sprawl goes further and further west. Vice Mayor Casello questioned if this would be an opportunity to start including parcels through the water service agreements to expand the base of the City. Mr. Groff agreed it would be and there are many agreements in the area. Unfortunately there are parcels between the City border and the developments that do not have the same agreements and are not contiguous to the current City limits. If there are parcels adjacent to the City limits, annexation is required to provide water and sewer. Ms. LaVerriere interjected annexation is in the Strategic Plan. Nancy Byrne, Development Director, added the parcels are approximately two miles outside of the nearest City parcel. There are over 300 parcels in between the nearest contiguous parcel. In the Interlocal Service Boundary Area (ISBA) there is the ability to annex. The Commission and County Commission have to agree and then each homeowner has to agree to annex into the City. It is a complicated and long term project. Attempts are being made to add Lakeside Christian Church because the lot is contiguous. As other parcels become available, annexation is sought. Ms. LaVerriere noted the development Palmyra is interested but further contact is necessary. Attorney Cherof advised there was one parcel of property that separates the development from the City line. There have been negotiations with the County. Commissioner Fitzpatrick understood half of the development is within the City limits. Vice Mayor Casello noted it is a gated community with half in the City and half in the County being held hostage by the one parcel. Attorney Cherof reiterated contact has been made with individuals through the association and through their lawyer and an invitation extended for them to submit a petition for annexation. A response has not been received. Vice Mayor Casello felt a more forceful approach should be taken with more discussion at Strategic Planning. The City borders need to be expanded. Ms. LaVerriere indicated it was policy direction. Mayor Taylor inquired how many homeowners had to agree. Ms. Byrne replied, with a development, there is a percentage that has to agree to come into the City. The developer entered into the agreement and cannot be binding on the individual homeowners. Mr. Groff interjected the Palmyra agreement was an older agreement. The new agreements have the individual owners as part of the agreement. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 Vice Mayor Casello asked how far west the service area extended and Mr. Groff responded it was two blocks west of Military Trail and was almost built out. Commissioner Fitzpatrick inquired about the County involvement. Ms. Byrne explained the unincorporated area is in the ISBA and that falls under County jurisdiction. They could block any further growth potential. Ms. LaVerriere advised it was a much bigger picture for annexation. She encouraged the Commission to have more discussion in the Strategic Planning Workshop. Mayor Taylor confirmed with Attorney Cherof that only a little over 50% of the homeowners have to agree to annexation. Mayor Taylor related he had once proposed that Military Trail be the City limit and the residents were not receptive to the idea. Motion Vice Mayor Casello moved that Item 6.0 be passed. Commissioner Merker seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R15 -052 - Approve Subordination Agreement allowing for a subordination of the City's mortgage for Laura Gary of 2501 N.E. 1st Lane, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. E. PROPOSED RESOLUTION NO. R15 -053 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 16, 2015 meeting and give authorization to do the following: 1) Establish wastewater user rate at 1.062/1,000 Gal (O &M rate of $1.03/1,000 Gal and R &R Reserves Rate of $0.032/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2015/2106; 2) Establish reclaim user rate at $0.147/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2015/2016; 3) Maintain the reclaim user rate for Hunters Run, County Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2015/2016 at $0.2000/1,000 Gallons. 4) Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2015/206; 5) Accept the 2015/2106 Organization Chart and Salary Ranges; 6) Accept the 2015/2016 Wastewater and Reclaim O &M Budgets. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 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 May 19, 2015 - "Request for Extensions and /or Piggybacks ". G. Accept the written report to the Commission for purchases over $10,000 for the month of April 2015. H. Approve the minutes from the Regular City Commission meeting held on May 5, 2015 and the Strategic Planning Workshop held on June 19, 2014. 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one -year extension to the "Annual Supply of Medical and Medication Supplies ", Bid No. 051 - 2210 -14 /JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Nashville Medical & EMS Products, Inc. with cost adjustments for pharmaceuticals and medical supplies as indicated in the documentation. Items will be ordered on an "As Needed" basis. Motion Commissioner McCray moved to approve the extension. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R15 -054 - Approve award of RFP No. 040 - 2411 -15 /JMA for an "Interactive Voice Response (IVR) System for the Building Division" to Selectron Technologies, Inc. of Portland OR, and authorize the City Manager to sign a five (5) year Hosted Managed Service Agreement with Selectron Technologies with a one -time startup fee of $21,600 and annual hosting fees $26,400 in year one increasing to $29,503 in year five for a total cost of $139,569.00 over the next five (5) years. Motion Commissioner McCray moved to approve the award. Commissioner Merker seconded the motion. Vice Mayor Casello understood this was a phone system that callers could call in and make or cancel appointments, ask for balances on their bills and other features. Ms. LaVerriere concurred it would allow query by permit number and other key pieces of information. The old system has completely failed and causing serious customer 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 service issues in the Building Department. The proposed system is hosted in the cloud and portable. Vote The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in the amount of $100,000 in the case of Barrey Griffiths v. City of Boynton Beach. Motion Vice Mayor Casello moved to approve the settlement. Commissioner Fitzpatrick seconded the motion. Vote The motion passed unanimously. Mayor Taylor offered there was a tremendous amount of medical bills. It involved an accident with the City vehicle. The settlement reduced the demand by at least half if it had gone to Court. 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. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Request the City Commission discuss possibility of holding workshops Request from Commissioner Merker. Commissioner Merker thought communication and understanding one another was essential. Any workshop would be open to the public and no votes would be taken. The purpose would be to learn the facts. He believed a regimented workshop session 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 15 May 19, 2015 should be held every month to discuss matters for the benefit of the public, staff and Commission. Attorney Cherof advised the Commission could call a workshop meeting, a form of special meeting, at its discretion and add anything to the agenda. Commissioner Merker suggested the matter be placed on a future agenda for consideration and a vote. Vice Mayor Casello was not against workshops and should be held. He did not agree with mandated workshops. Workshops should be held when issues arise that require further discussion and information. Commissioner Merker argued every meeting has at least one issue where all the Commissioners ask questions. It is important that the Commissioners understand one another. Mayor Taylor added at any time a Commissioner could ask for a workshop on a particular topic and the Commission could vote on the request. Commissioner Merker wanted to workshop the negotiations with the bargaining units. Mayor Taylor responded contract negotiations are done in closed -door sessions. Attorney Cherof agreed and added meetings between the bargaining unit and the Commission would be a violation of the statutory provision that states the bargaining process belongs to the City Manager, in consultation with the Commission, in closed - door sessions. It is a statutory provision that describes the role of the City Manager as the Chief Executive Officer who has the authority to negotiate on behalf of the City with the unions that represent Police and Fire. B. PROPOSED RESOLUTION NO. R15- 055 - Establishing a Community Support Fund Policy and Procedure. Ms. LaVerriere recalled there was a Community Investment Fund Program. Money was appropriated in the budget to allow for discretionary funds for each of the Commissioners to donate to community programs or a charity or an organization that provided a service or benefit to the City. The funding was discontinued due to budgetary concerns. Under the new guidelines and rules, further research was needed to make sure it is appropriate. The Inspector General agreed the program as outlined can be considered by the Commission. There is $10,000 in the budget that would allow $2,000 per Commissioner to be able to donate funds to local organizations as long as it benefits the City of Boynton Beach. The biggest issues are public purpose and use of public funds. Commissions have wide discretion on what they define as a public purpose. As long as it is not administration or decided by one individual, it is acceptable. If adopted, the current program requires an application for funds with certain documentation and the MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 entire Commission would consider it and vote. The funds would be dispersed and backup documents required within a specific timeframe. Commissioner Merker found the entire concept insulting and phony. Each Commissioner has an expense account of $500 per month and it should be used for those donations to organizations. He asserted it was a superficial way of giving. If the program is approved, he requested his $2,000 remain in the budget. Vice Mayor Casello clarified that a majority vote would be required. He did feel it was a slippery slope. The concept is good, but the results may not be good. It could create animosity if votes are not reciprocated. It is taxpayer money. Commissioner McCray had experience with the prior program and there was never a problem. Individuals who requested funding went off and represented the City and brought home trophies without any funding. It was done before and there does need to be something in place. Mayor Taylor offered the previous program was productive for the community. Several organizations were supported who won national awards. The monies assisted the groups by offsetting some of the costs to compete and support the City. There was no animosity. It only took three votes for approval. Commissioner Fitzpatrick noted a budget plans for the revenues and expenditures for the next year. Many requests for funding come in the middle of the fiscal year and the citizens are not aware of the budget process and the time to request funding. The program would allow for unforeseen events in the coming year. He did not see a problem with the program. He made a friendly amendment that Commissioner Merker's funds be divided among the remaining members. Commissioner Merker emphasized it was not the Commission's money. Charity should come from the heart and soul and personal funds. He suggested it be set aside as one account and not set up individually. Commissioner McCray pointed out every dollar spent by the Commission belongs to the citizens. Mayor Taylor allowed public comment. Mark Karageorge, 240A Main Boulevard, agreed it was helpful in the past. There was an instance where an elected official gave to two homeowner associations to beautify Federal Highway. The funds ultimately beautified a clubhouse and an area on the Intracoastal. It was used for political reasons. He agreed with Vice Mayor Casello's remark. It needs to have a narrow scope with transparency for the entire City. Any 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 17 May 19, 2015 benefit that could be construed as political is problematic. In his opinion, any request should have to be approved unanimously. Mayor Taylor responded it was very specific that the monies have to be spent for the public good with requirements to apply and follow up on the expenditure. Woodrow Hay, 427 NW 5 Avenue, commented the proposed procedure has been improved from the prior program. Overall the program was highly beneficial to the struggling organizations representing the City. It is a gesture that the leaders are interested and supporting their efforts. The image of Boynton Beach has to improve. Vice Mayor Casello suggested the program be implemented for a one -year trial period and then revisit it the next year. Commissioner Fitzpatrick pointed out the funding has been approved in the budget. Motion Commissioner McCray offered a motion to approve the program, R15 -055. Commissioner Fitzpatrick seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). There was agreement the program would be revisited next year. Ms. LaVerriere added it would be subject to appropriation in the budget every single year. Commissioner Merker reiterated his request that the $2,000 for his use remain in the budget and not be distributed. Commissioner McCray felt the money should be available, if needed. Attorney Cherof advised there was a motion, second and a majority vote to approve. No further discussion was needed. C. Discussion on Code Compliance case relating to Mignano and Richardson to be heard before the Special Magistrate. Commissioner Fitzpatrick had requested Code Compliance not pursue a case before the Special Magistrate and table it for a month or two. He asked if the Commission could stop a Code violation case from proceeding. Attorney Cherof advised the Commission could not. It was an administrative function established under City Code and State statute. The Commission has no role in the process. He explained the limitations of the Commission's authority under the current Code. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL May 19, 2015 Commissioner Fitzpatrick was interested in the case because it involved a leased, vacant piece of property that was used to store landscaping debris. It is eventually taken to Pahokee and recycled through a cooperative to create charcoal and soil. It is a good, sustainable effort. The bigger picture is how much industrial property does Boynton Beach have and how much is needed for the good of the City. In an industrial area there can be offensive odors and sights. The current use seemed appropriate. The area has always been industrial with the residences growing up around it. It would harm the business and could take six months to be resolved. Mayor Taylor had received a call from the owner's attorney. The Commission has no power to delay the process before the Magistrate. He understood, while the materials have been removed, it was not removed in a timely manner. Commissioner McCray had been approached by the group and of the three homes adjacent to the property, two are vacant and one is occupied. There is a problem at the site. Ms. LaVerriere interjected the property owner is cited for an unpermitted use of his property. All of the arguments and beliefs should be heard and decided by the Special Magistrate. There will be opportunity at the hearing for all parties to be heard. Vice Mayor Casello clarified the Magistrate's decision had to be appealed to the Courts and not the Commission. 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -013 - SECOND READING - PUBLIC HEARING - Scheduling the date of the City's 2016 General Municipal Election, Pursuant to section 101.75, Florida Statutes to March 15, 2016 to coincide with the 2016 Presidential Preference Primary; providing for the qualifying period for the 2016 Municipal General Election. Attorney Cherof read Proposed Ordinance No. 15 -013 by title only, on second reading. Motion Commissioner McCray moved to approve Ordinance No. 15 -013. Vice Mayor Casello seconded the motion. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote City Clerk Prainito called the roll. The vote was 5 -0. May 19, 2015 B. PROPOSED ORDINANCE NO. 15 -014 - FIRST READING - Approve Ordinance amending Article III of Chapter 18, Section 18 -169, Requirements for retirement - benefit amounts to provide for clarification to apply for disability benefit. Attorney Cherof read Proposed Ordinance No. 15 -014 by title only, on first reading. Motion Commissioner Fitzpatrick moved to approve Ordinance No. 15 -014 on first reading. Commissioner McCray seconded the motion. Vice Mayor Casello wanted to know specifically what was amended. Ms. Bonni Jensen, the Police Pension Board Counsel, explained the change allows for the 30 -day period for the application. The provision had been only a member could apply, but in the event someone is terminated, due to a medical reason, they have 30 days after the date of termination to apply. Commissioner Fitzpatrick asked if it was the result of a specific case and Ms. Jensen replied it came up as the result of a case. Someone had applied within a month after they were terminated from employment. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED RESOLUTION NO. R15 -056 - Authorizing the City Manager to sign the Memorandum of Understanding (MOU) between The Crossings Homeowners Association and the City of Boynton Beach to pay delinquent utility payments in the amount of $125,062.80. (This matter was previously tabled.) 14. FUTURE AGENDA ITEMS A. Recommendation to amend fee schedule and related Code language involving special events - June 2, 2015 B. Budget Workshops dates /times for FY 15/16 Operating and Capital Budget to take place in City Library Program Room on the following dates: 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Monday July 20, 2015 2:00 p.m. Tuesday July 21, 2015 10:00 a.m. Wednesday July 22, 2015 2:00 p.m. (if needed) C. Discussion on the City's two (2) cemeteries current and future operations and challenges - June 2, 2015 15. ADJOURNMENT Motion Commissioner McCray moved to adjourn. Vice Mayor Casello seconded the motion. There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:20 p.m. ATTEST: y Clerk M. Prainito, MMC dith A. Pyle, t�� C eputy City Clerk 20 CITY OF BOYNJ 7 EACH - Gesello Vice Mayor May 19, 2015 Michael M. Fitzpatrick, ' mmissioner