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Minutes 06-16-15MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 16, 2015, AT 6:30 P.M. PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation by Commissioner Merker Pledge of Allegiance to the Flag led by Vice Mayor Casello Lori LaVerriere, City Manager Shana Bridgeman, Assistant City Attorney Judith A. Pyle, Deputy City Clerk Mayor Taylor called the meeting to order at 6:31 p.m.. Roll call was taken and a quorum was present. Commissioner McCray gave the invocation. Vice Mayor Casello led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor added Discussion of Red Light Cameras to Legal as item 13 B. Vice Mayor Casello pulled items 6 F and 6 J from the Consent Agenda. 2. Adoption Motion Commissioner McCray moved to approve as amended. Commissioner Merker seconded the motion that passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Meeting Minutes City Commission Boynton Beach, Florida Commissioner McCray advised a few weeks ago he attended an ACE benefit held by NFL players at the Hester Center. It was professionally done and well attended. He praised the Hester Center staff who ensured all was top notch. He had to leave the event and did not know who won, but he explained it meant a lot to the players and the spectators. He appreciated all they do for all youth in the community. He also attended the Taste of Boynton. Vice Mayor Casello attended the Scholarship and Public Safety Awards held at the Boynton Beach Masonic Lodge 236, which honored two police officers, and two firefighters. A Detective and Police Officer of the Year, and Firefighter of the Year and Paramedic of the Year were recognized. He complimented both the Fire and Police Chiefs on the accomplishments. Commissioner Fitzpatrick shared he attended the D -Day ceremony at Veterans Memorial Park on June 5 Ten veterans that served in the European theater were recognized by French dignitaries and received the French Medal of Honor. He noted Tom Kaiser, Chair of the Veterans Advisory Commission, has been pursuing these medals for years and as a result, more veterans in Palm Beach County received this award than throughout the country. He also pointed out four or five of the veterans landed on the Omaha and /or Utah beaches during D -Day. He commented he attended Taste of Boynton last week. Mayor Taylor attended the Taste of Boynton. He mentioned the Chamber of Commerce always does a great job and the food was great. About 400 people attended and many restaurants participated. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement of the 4th of July Festivities at Intracoastal Park. 2 June 16, 2015 Wally Majors, Recreation and Parks Director, announced they were hosting the July 4 fireworks event which will have two new bands: the New Horizons Band, playing jazz, rhythm and blues, and the Big Night Out Band having a Latin flavor. Face painting, rock climbing, watermelon eating contests, and many other activities will start at 6 p.m. This year, there would be music after the fireworks to help avoid a mass exodus after the fireworks and all were invited to attend. B. Recognition of Boynton Beach Community High School's Valedictorian, Samuel Rachelson, and Salutatorian, Paul Busheme. Mayor Taylor recognized Salutatorian Paul Busheme and highlighted Mr. Busheme earned a 3.8 GPA. He was a graduate of the Embry Riddle Aeronautical Space Academy and was certified to work on airplanes. He recognized his accomplishments Meeting Minutes City Commission Boynton Beach, Florida including his work on the school stage crew, yearbook and conducting all school announcements. He will attend the University of Florida for Mechanics and Physics. Mr. Busheme was presented with a plaque acknowledging him as the student with the second highest ranking among his graduating class. Mayor Taylor read Samuel Rachelson's award as High School Valedictorian in his absence. Mr. Rachelson obtained a 4.82 honor roll average and was dual enrolled in Palm Beach State College, earning 54 college credits. His volunteerism encompassed the Palm Beach County Library system and the school theater in all stage activities. He was a member of the bowling and video games teams. He planned to attend Embry Riddle Aeronautical University to obtain a Master's Degree in mechanical and cyber engineering within the next three years. The City Commission and attendees applauded his accomplishments. 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) Mayor Taylor opened the public audience 3 June 16, 2015 David Katz, 67 Midwood Lane, commented at the Strategic Planning meeting, action items included the temporary storage of landscape material which came about as the result of a Code Compliance matter. Mr. Mignano, of Mignano's Landscaping, has been conducting his business in the City for over 30 years. Storage takes place on his property until the debris is moved to a cooperative in Pahokee. If the City worked on the Code to permit the use, Mr. Mignano offered the City could use his site for their landscaping debris, saving the City thousands by not having to pay to take it to the Lantana Transfer Station. Should an agreement not be worked out, 10 to 12 Mignano employees that live in Boynton Beach will be laid off. Mr. Katz also advised there was discussion earlier in the day regarding food trucks. He thought if that section of the Code could be revisited, the Mignano issue could be revisited and easily changed. Commissioner Merker requested the address of the Mignano property so he could visit the premises and received the details for the fenced in M -1 property that abutted the railroad tracks. Every four to five weeks, 10 or 12 trucks haul the inert material to the Pahokee cooperative. Mr. Katz opined if the City would agree to the offer, perhaps it would be hauled every two weeks. Mayor Taylor advised the City was aware of the matter and would direct staff tomorrow whether or not to address the Code. Commissioner McCray attended the Code hearing Meeting Minutes City Commission Boynton Beach, Florida 4 June 16, 2015 and thought Mr. Mignano was falsely accused and did not get a fair deal. An individual wrote to State Representative Bobby Powell, indicating their parents' home abuts the subject property and there were issues with vermin. He hoped something could be put in place and thought it was a shame individuals would be laid off. Suzanne Ross, Schoolhouse Children's Museum, announced May membership increased significantly due to their advertising efforts and word of mouth. They almost reached capacity earlier in the day, which would result in a queue to enter the building. June was very busy. Summer programs offered were: Little Hands, Big Art; Kids Cook, S.T.E.A.M. (Science, Technology, Engineering, Art and Math) Motion in the Ocean; Zumba for Children; and Fantastic Voyages started this week. On Saturday, kids and dads will celebrate Father's Day by creating and making water rockets. They added mobile exhibits to enhance visitor experiences that will be used at certain times and facilitated with a Museum staff member. She noted they are interactive and ideal for families with older and younger children to do together. Tickets for the 4 of July at Intracoastal Park Clubhouse are on sale at the Museum. The price was $30 in advance and $40 at the door. The Museum was participating in the Library Adventure Museum Pass with the County Library system and the Blue Star program which provides for free Museum admission for active military members and their families. They are participating in a cooperative marketing effort with the Association of Children's Museums and Howard Johnson Hotels. The program offers museum admission with a stay at Howard Johnson's. They have not yet received any vouchers; however, exposure for the Schoolhouse Children's Museum in Boynton Beach was extremely significant. Cindy Rovovich, Women's Circle, 912 SE 4 Street, thanked the City Commission for being part of the Grand Ribbon Cutting and for their help through the years. She advised the new parking lot helps the Women's Circle to grow and expand their activities. Mayor Taylor thanked the Women's Circle for all they do. Richard Gonzales, 6 Danbe Place, explained he is a Boynton Beach resident and the General Manager of First Transit, owner of Greyhound with his office in Boynton Beach. First Transit opened an office a few months ago and employs about 150 people, mostly residents. He lived and worked in other municipalities and complimented Boynton Beach as being one of the best run cities he has resided in. He commented the parks, events and beaches are exemplary and it is pleasure to work and live in the City. Community outreach is important to First Transit and he left his contact information if there was a transit issue with residents or if they need transportation support. Commissioner McCray appreciated Mr. Gonzales' comments, and it was explained the City has a contract with Palm Beach County for para- transit services for the elderly and disabled. Mayor Taylor thanked him and welcomed him to the City. Meeting Minutes City Commission Boynton Beach, Florida Mary Lou Guzman, 19 Miller Drive, was concerned about the Publix renovations on Congress Avenue. The handicapped parking was centered in front of the entrance of Publix and they deleted handicap access spots at other store entrances on the strip center. She inquired who could address this issue. Mayor Taylor requested she provide her contact information and Development staff would contact her. Ray Whitely, 5503 Wishing Star Lane, Greenacres, thanked the City Commission for attending the Children's Oasis Banquet on May 30 He also thanked them for connecting with their vision to enable today's youth to become tomorrow's leaders. He advised three scholarships were awarded for $1,500, $1,000 and $500. Mr. Whitely explained they have identified the East Boynton Wildcat organization to serve in the next two years. There are nearly close to 400 people in the organization and their goal was to provide about $25,000 in support over the next few years. He thanked all and the Mayor for their support. Mayor Taylor thought the event was great and commended him and the organization for their work with the youth. No one coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 NN Stu Golf Course Advisory Committee: 1 Reg and1 Alt Historic Resource Preservation Board: 1 Alt Library Board: 1 Alt Planning and Development Board: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Motion Commissioner McCray moved to table his appointment at this time. Motion Commissioner Fitzpatrick moved to appoint Kevin Fisher as an alternate to the Planning and Development Board. Vice Mayor Casello seconded the motion that passed 3 -2 (Commissioners McCray and Merker dissenting.) 5 June 16, 2015 Meeting Minutes City Commission Boynton Beach, Florida 6. CONSENT AGENDA Motion June 16, 2015 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 Commissioner Merker moved to approve the Consent Agenda less items pulled. Commissioner McCray seconded the motion that unanimously passed. A. PROPOSED RESOLUTION NO. R15 -066 - Approve and authorize signing of an Agreement for Water Service outside the City limits with G4A2, LLC for property at 1084 Ridge Road, Lantana, FL 33462. B. PROPOSED RESOLUTION NO. R15 -067 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Beauly LLC for the property at 3917 Barkis Avenue, Boynton Beach, FL. C. PROPOSED RESOLUTION NO. R15 -068- Approve and authorize signing of an Agreement for Water Service outside the City limits with Marie L. Fervil for the property at 1220 Alto Road, Lantana, FL 33462. D. PROPOSED RESOLUTION NO. R15 -069 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Alireza Barzroodipour for the property at 1090 Ridge Road, Lantana, FL 33462. E. PROPOSED RESOLUTION NO. R15 -070 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Debra Fusco for the property at 1237 Peak Road, Lantana, FL 33462. F. PROPOSED RESOLUTION NO. R15 -071 - Approve the purchase of 29 sets of Turn Out Gear from Fisher Scientific by utilizing Orange County, FL Term Contract No. Y12 -1086F that expires September 21, 2015. The estimated purchase is $53,000 and Orange County, FL complied with Public Bid requirements that satisfies the City of Boynton Beach Public Bid requirements. Mayor Taylor read Proposed Resolution R15 -071. Vice Mayor Casello inquired how many sets of bunkers were cycled in and out each year. Ray Carter, Fire Chief explained they try to cycle one -third to one - quarter of their sets of gear each year, but with the economic downturn, they only replaced one -fifth a 6 Meeting Minutes City Commission Boynton Beach, Florida June 16, 2015 year and they were trying to catch up. He advised the maximum life span was 10 years, but they do not always last that long contingent on the way they are used, the environment they are in and they constantly have to wash them due to regulations regarding exposure issues. He thought five to eight years was typical and noted the crew was required to have two sets of gear. Vice Chair Casello inquired why they did not piggyback with Palm Beach County and learned their gear was slightly different. They established a standard after a study of brands and styles of gear was conducted. They wrote the specifications they needed and Orange County used the same and received a better price than the City so they piggybacked on the Orange County contract. Motion Commissioner Merker moved to approve Proposed Resolution No. R15 -071. Commissioner Fitzpatrick seconded the motion that unanimously passed. G. PROPOSED RESOLUTION NO. R15 -072- Approve and authorize the City Manager to execute a contract with B &B Underground Contractors, Inc. for the Reclaimed Water Main Extension to High Point project, Bid No. 047 -2821- 15 /KTR in the amount of $89,030 plus a 10% contingency of $8,903, if needed, for staff approval of change orders for unforeseen conditions for a total expenditure of $97,933. H. Accept the written report to the Commission for purchases over $10,000 for the month of May 2015. I. Approve the minutes from the Regular City Commission meeting held on June 2, 2015. J. Approve cancellation of Bid #048 - 2210- 15 /JMA "Fire Rescue Station No. 1 - Minor Renovation" that was opened on May 19, 2015. Vice Mayor Casello inquired what minor repairs were needed for $133,000. Chief Carter responded he would not classify the renovations as minor. They planned to reconfigure the bay doors and the bay configuration. Fire Station No. 1 was the City's oldest fire station and the doors do not conform to hurricane standards. Years ago, fire trucks were more narrow, but now, they only have a one to two inch clearance so scratches and scrapes occur. Reconfiguration would solve those issues. Vice Mayor Casello inquired if the $133,000 that was budgeted would stay in the Capital Fund balance for other projects and if the funds could be used to pay for the bunker 7 Meeting Minutes City Commission Boynton Beach, Florida June 16, 2015 gear. Lori LaVerriere, City Manager, explained bunker gear was an operational expense and she and Chief Carter worked out a replacement plan. Motion Commissioner Merker moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner McCray asked if the doors were a foreseeable problem as it pertained to hurricanes. Chief Carter responded they were not because a hurricane was not currently identified. If one was, it could cause a problem with their response plan because doors can blow on top of the apparatus and damage it. If a significant storm was identified, they would move the equipment to another location. The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R15 -073 - Approve award of the bid for a "Two Year Term for the Supply of Injection Molded Mobile Refuse Containers and Parts for the Automated Garbage Collection Program ", Bid No. 048 -2510- 15 /JMA, to Rehrig Pacific Company of Orlando, FL. Purchases will be made on an "AS NEEDED" basis, the annual anticipated expenditure is $100,000. Mayor Taylor read Proposed Resolution R15 -073. Motion Commissioner Merker moved to approve Proposed Resolution R15 -073. Vice Mayor Casello seconded the motion. Commissioner McCray inquired how many containers were needed. Jeff Livergood, Public Works and Engineering Director, responded it could be 1,000 to 1,200. There were varying sizes and prices. He advised they were still replacing containers implemented in the 1990s. Commissioner McCray requested further information on the sizes. Mr. Livergood explained they both meet the specifications for materials and size and they can save 25 or 30 cents each. City customers are used to 60 and 90 gallon carts. Commissioner McCray thought the life of the containers could be extended if handled with care. The motion unanimously passed. 8 Meeting Minutes City Commission Boynton Beach, Florida 8. CODE COMPLIANCE and LEGAL SETTLEMENTS — None 9. PUBLIC HEARING June 16, 2015 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. 15 -011 - SECOND READING - PUBLIC HEARING — Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10 -Year Water Supply Facilities Work Plan and to policies in the Potable Water, Sanitary-Sewer and Solid Waste sub - elements. Mayor Taylor read Proposed Ordinance No 15 -011 on second reading by title only. Motion Commissioner Merker moved to approve Proposed Ordinance 15 -011. Commissioner McCray seconded the motion. Mayor Taylor opened the Public Hearing. No one coming forward, Public Hearing was closed. Deputy City Clerk Pyle called the roll. Vote The vote was 5 -0 10. CITY MANAGER'S REPORT — None 11. UNFINISHED BUSINESS A. Consider the recommendation from the Recreation & Parks Advisory Board to extend the one year trial period of one year that allows leashed dogs at Jaycee, Intracoastal, Dewey and Boynton Lakes Park for one more year. Commissioner McCray asked if there were any problems with the program. Wally Majors explained the Department has received a lot of feedback from Parks maintenance staff they had repeatedly encountered a lot of dog waste and the equipment has come in contact with the waste in their course of maintaining the parks. Mr. Majors received one complaint from one person about Boynton Lakes who complained about 12 times and another complaint from a man regarding Jaycee. He 9 Meeting Minutes City Commission Boynton Beach, Florida had not personally received any public complaints. They installed a sign with contact information if the public needed to contact the department. He and Carisse LeJeune, Assistant City Manager, walked Intracoastal and Jaycee Parks, and he personally walked Boynton Lakes and Dewey Park three or four times. He had not noticed waste. Additionally, they held two events at Intracoastal Park with over 2,000 people without incidence. Nothing had reached Mr. Majors' level, but from a staff standpoint, it was something they had to deal with. Commissioner Merker thought education was a component to the issue and the blame for the waste was on the owner. He thought another year of training would help improve the matter. Vice Mayor Casello inquired if the poo fairy was being used. It is an emblem on the park sign to get the dog owners' attention to know how to contact the department. Commissioner Fitzpatrick received confirmation dog waste appears to mostly be picked up, but when mowing, they find it. He asked if there was a way to temporarily close the park down for a week to increase compliance. Mr. Majors explained if dealing with responsible people, there are no problems. Motion Commissioner McCray moved to approve the extension for another year. Commissioner Merker seconded the motion. Mr. Majors advised he could come back with a recommendation from the Recreation and Parks Board again next June regarding the matter. The motion unanimously passed. 12. NEW BUSINESS Mayor Taylor requested a motion for 137 West Martin Luther King Jr. Boulevard. 10 June 16, 2015 A. Approve the release of the following land parcels as requested by the CRA: 480 East Ocean Avenue to Ocean Ridge Hospitality, LLC. 137 West Martin Luther King, Jr. Boulevard to Neighborhood Renaissance. Lot 23, Block 1, The Frank Weber Addition to Boynton Beach PB 9, Page 3 - PCN 08- 43- 45- 21 -25- 001 -0230 to Neighborhood Renaissance. Mayor Taylor presented the item and requested a motion on 480 East Ocean Avenue. Motion Commissioner Merker so moved. Commissioner McCray seconded the motion that unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida 13. LEGAL 1 1 June 16, 2015 Motion Commissioner Merker so moved. Commissioner McCray seconded the motion. Commissioner Fitzpatrick commented he did not believe the City should be in the single - family home business, and thought there should be townhouses. The motion passed 3 -2, (Vice Mayor Casello and Commissioner Fitzpatrick dissenting.) Commissioner McCray inquired how much would be spent for the transfer of the property. Vivian Brooks, Executive Director, responded they assumed, for the 137 West Martin Luther King, Jr. property, it was $10 because that was the City's price used for the for Model Block for the Community Development Corporation. Mayor Taylor requested a motion for Lot 23, Block 1, Frank Weber Addition. Motion Commissioner Merker so moved. Commissioner McCray seconded the motion that passed 3 -2, (Vice Mayor Casello and Commissioner Fitzpatrick dissenting.) A. PROPOSED ORDINANCE NO. 15 -015 - SECOND READING - PUBLIC HEARING — Approve Ordinance amending Part II, Chapter 13, Section 13 -4 Classification and Fee Schedule; Chapter 13, Section 13 -20 Special Events; Part III LDR Chapter 1 General Administration, Article II Definitions; Chapter 4 Site Development Standards Article IV Sign Standards; Part II Chapter 3 Alcoholic Beverages Mayor Taylor read Proposed Ordinance 15 -015 on second reading by title only. Motion Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Mayor Taylor opened the Public Hearing. No one came forward. Deputy City Clerk Pyle called roll. Vote The vote was 5 -0. Meeting Minutes City Commission Boynton Beach, Florida B. Red Light Cameras June 16, 2015 Assistant City Attorney Shana Bridgeman explained the City Commission instructed Legal staff to provide a termination notice of the ATS contract. The contract requires a 45 -day period to cure the defects specified in their letter. ATS was requesting an additional 45 days, while they work with City Legal Counsel to agree on how to modify the contract and the Business Rules Questionnaire (BRQ). ATS has been cooperative and there have been various conferences with them. The recommendation was for the City Commission to agree to the extension. Vice Mayor Casello received clarification the 45 -day extension would provide time to complete the revisions and modifications to the contract between the City and ATS and the BRQ which governs the relationship between the parties. Legal staff would consult with the City Commission regarding any proposed modifications. The City is within its legal rights to terminate the contract, but ATS would have a strong argument they were working on the contract and the City was not making a good faith effort to reach agreement or resolution. Attorney Bridgeman clarified the remedy had to include both parties. ATS proposed solutions which the City had to evaluate and discuss with the Commission and 45 days may or may not be enough time to resolve the issue as it depended on what the issue and remedy was. ATS was reimbursing the City its legal costs to appeal the court's decision. She advised they were handling the appeal and ATS and the City were both co- defendants in a class- action lawsuit. She explained if an agreement was reached regarding the contract and BRQ revisions, the cameras could be turned on. The goal was to make those revisions in line with the parameters the Courts want to see in the cities' programs. The contract would officially terminate on May 20, 2016. Commissioner Merker commented the City does not need another lawsuit or contract issues and there was good faith. Commissioner McCray asked how long the appeal process would take and learned it could be up to a year. Commissioner McCray agreed with Commissioner Merker, but only favored another 45 -day extension. The City's cost per camera was $4,250. He asked if ATS realized the City would not be so enthusiastic about getting out of the contract if the City did not have to still pay them. Attorney Bridgeman explained that was something the City would bring to them as part of an amendment of the contract. A discount, payment deferral or reimbursement would be negotiated due the lack of income. 12 Meeting Minutes City Commission Boynton Beach, Florida Motion Commissioner Merker moved to give another 45 days. Commissioner Fitzpatrick seconded the motion that passed 4 -1, (Commissioner McCray dissenting.) 14. FUTURE AGENDA ITEMS A. Budget Workshops dates /times for FY 15/16 Operating and Capital Budget to take place in City Library Program Room on the following dates: 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) B. Appointment of Voting Delegate and authorize Commissioner(s) to travel to Orlando for FLC Annual Conference, August 13 -15, 2015 - (July 7, 2015) Vice Chair Casello requested an agenda item regarding model airplanes and drones in City parks be put on the next month's agenda. He thought it was permitted, but learned there was a conflicting Ordinance on the books. He thought discussion was warranted. Commissioner McCray received confirmation the appointment to attend the annual conference in Orlando would be addressed on July 7, 2015. 15. ADJOURNMENT There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 7:26 p.m. (Continued on next page.) 13 June 16, 2015 Meeting Minutes City Commission Boynton Beach, Florida ATTEST: Ja yet M. Prainito, MMC ity Clerk CatLau Catherine Cherry Catherine Cherry Minutes Specialist cin 14 CITY OF BOYNTON BEACH June 16, 2015 Michael M. Fitzpatrick, Comm' /loner