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Minutes 08-18-15MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 18, 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 Lori LaVerriere, 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 6:30 p.m. Invocation The Invocation was offered by Commissioner McCray. Pledge of Allegiance to the Flag led by Commissioner Mike Fitzpatrick Commissioner Fitzpatrick led the Pledge of Allegiance to the Flag. Roll call revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Casello requested to add discussion on the process for demolition of the OId High School. Mayor Taylor added the item to Unfinished Business, 11.A. Commissioner McCray pulled items 6.A and 6.E. Mayor Taylor added under New Business, changing the Golf Course fees, as Item 12.C. Commissioner Fitzpatrick suggested the discussion on the OId High School demolition be moved to after Consent Agenda. There was consensus to move the discussion. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion 2. Adoption August 18, 2015 Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray thanked staff for all their contributions for the back -to- school drive for Pathways to Prosperity. Commissioner Merker had attended the rally to save the Old High School. Many of the participants lived in the City for a long time. It represented to them the present and future, not necessarily the past. He was proud of those who attended. Vice Mayor Casello attended the Chamber of Commerce luncheon and attended the Boynton Beach Police Academy for youth. The participants are taught what police actually do on a daily basis. Most importantly they are taught respect and he was impressed with the class. The Department should be commended. Vice Mayor Casello went to the Boynton Beach Fire Department Bru's Room Takeover fundraiser to benefit the American Heart Association. This year they raised $4,000. Both the Police and Fire Department do charitable work in the community and teach our youth. Commissioner Fitzpatrick had gone to the Forest Park back -to- school party, attended a Community Redevelopment Agency meeting and the Chamber of Commerce luncheon. He went to the opening of Genisis Agency at Bethesda Memorial Hospital that is partnering with the Florida Atlantic University medical school. Commissioner Fitzpatrick had gone to assist with the pack, a backpack for Pathways to Prosperity, but a contingent of Police Officers had completed the task. He was able to assist in passing out the backpacks. Mayor Taylor had attended the League of Cities Conference that was very valuable with tremendous workshops. Many ideas were exchanged. He was impressed with the guest speaker's talk on how governing Boards should communicate with the residents. Although most cities allow a specific time limit for public input, the trend is changing to 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 include more open workshops with no time limits to encourage consensus and citizen involvement. Commissioner McCray had gone to the Chamber of Commerce luncheon. He also thanked the Police Department and CRA for cleaning up MLK Boulevard. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce and invite the public to attend the Greenways, Blueways, and Trails Master Plan Public Workshop, which will be held on Thursday, August 20, beginning at 6 p.m. in the Library Program Room. Mayor Taylor announced the workshop to discuss the greenways, blueways and trails master plan. Ms. LaVerriere noted the workshop has been advertised as a public meeting and advisory boards have been invited as well as the Commission. B. The following are the September City Commission Meetings Regular City Commission Meeting and 1st Budget Public Hearing - Thursday, September 3, 2015 @ 6:30 p.m. in Commission Chambers; Special City Commission Meeting to Adopt the Final Fire Assessment Rate Resolution - Thursday, September 10, 2015 @ 6:00 p.m. in Commission Chambers; and Regular City Commission Meeting and 2nd Budget Public Hearing to Adopt the Final Millage Rate and Final Budget for FY 2015 -16 - Tuesday, September 15, 2015 @ 6:30 p.m. in Commission Chambers. The scheduled meetings to adopt the budget, millage rate and the fire assessment rate were announced as indicated. 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) Harry Woodworth, 1685 NE 15 Street, President of INCA (INlet Cove Association), gave an update on the removal of the wooden utility poles along Federal Highway. He questioned why liability insurance was now required to use the Senior Center for their meeting place. It is a barrier for a non - profit group, who does not own property or sell anything with the sole purpose to communicate with the citizens of the City. There has not been an issue for over 20 years and he urged the City to review the requirement. Commissioner McCray pointed out several homeowner associations in his District do not have clubhouses and use City facilities. He hoped the City would be more lenient with public organizations and those citizens that pay taxes. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 David Katz, 67 Midwood Lane, noted Commissioner Merker had announced being a candidate for Mayor. He has had an ethics violation and fine imposed for inappropriate behavior towards the CRA Director which was described as off putting and harassing, exhibited disrespect towards other members of the Commission and CRA Board and has verbally ranted toward staff, business owners and residents. A poll was taken of 600 registered voters in the City of Boynton Beach revealing 6% thought Commissioner Merker was doing a good job. Comparisons were made of liking Commissioner Merker or citrus canker with 67% voting for citrus canker, Brussel sprouts 69 %, colonoscopy 58 %, root canal 56% and 52% of those polled favored French Canadians over the District 1 Commissioner. Commissioner Merker asked how much Mayor Taylor had paid Mr. Katz to make the comments. Tom Wardkey, 2780 Wooster Road, commented on the procedure for public comment that had occurred at a prior meeting. He had not seen people being cross examined in any other cities or Commissioners or Mayors responding to comments. The speaker successfully baited people on the dais. He questioned if Boynton had a different procedure or if the public could expect their comments to be heard and go on to the next person. Mayor Taylor explained the procedure is not to get into a debate, rather hear the concerns of the citizens. The answers are not always readily available. The Commission does appreciate the input. If there is a readily available response, it can be shared. Basically debates are not permitted. Mr. Wardkey felt the previous exchange was uncomfortable to even hear and he hoped there would be less of that type of conduct. John McGovern, 3929 Palladium Lake Drive, believed the tradition has been if direct questions are asked and the answer is available, it is given. A year ago he had asked questions and got a response to one within a week. The second point was about lobbyists and he never got a response. His current issue was the renewal of the contract with the current lobbying firm. He had learned the firm has over 180 clients with net revenue of $9M annually. The firm contributes to political candidates all over the State. He was concerned with how the lobbyists influence public policy makers to view the public needs as vital to the life of the State. Mr. McGovern suggested a review of the new contract in the context of providing the public with good information about the firm's best successes. The $140,000 for the Women's Club was a pittance of the $11.9M that was awarded through the Department of State on behalf of cities and groups throughout the State. Millions of dollars have been awarded for restoration projects and could be the future for historical preservation growth. Other lobbyists are doing much better for their clients. Mayor Taylor added there was approximately $300,000 awarded for a lift station as a result of the lobbyist's efforts. 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Dr. Piotr Blass, 113 W. Tara Lakes Drive, felt Mayor Taylor was serving the City with dignity and composure. He asserted there is consensus to establish the University of Boynton. His vision was for a 24 -story building designed by top architects to give new direction to the City. Boynton Beach needs direction. Dr. Blass was very much against taxes. The City could decide that 65 year old residents, with 25 years in a house, would pay no taxes. James DeVoursney, 2625 Lake Drive North, felt having the Chair of the Planning and Development Board publicly make horrible remarks embarrasses the City and the citizens. It is a black eye on the City for developers to see. No one else 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: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Planning & Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts There were no applicants for appointment. August 18, 2015 B. Appoint Russell Faine as the fifth trustee on the Boynton Beach Police Officers' Pension Board. Commissioner McCray asked the City Manager to explain why the request was before the Commission. Ms. LaVerriere explained the Police Pension Board has five trustees; two elected by the members, two appointed by the Commission and a fifth trustee appointed by the Board. It would be an administrative appointment for the Commission. Commissioner McCray asked if there were other applicants. City Clerk Prainito interjected the City is unaware of the applicants. The Board acts as a body. It is actually a ratification by the Commission for approval. Motion Commissioner McCray moved to approve. Commissioner Merker seconded the motion. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. 6. CONSENT AGENDA August 18, 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 A. PROPOSED RESOLUTION NO. R15 -088 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for Montus Desulma of 316 S.W. 5th Avenue, Boynton Beach, Florida, 33435, and authorizing the City Manager to execute the Subordination Agreement. Commissioner McCray had pulled the item to point out the family is seeking to re- mortgage their loan for a $100 a month savings. It is due diligence for the City to approve the subordination. Motion Commissioner McCray moved to approve Proposed Resolution No. R15 -088. Commissioner Merker seconded the motion. Vote The motion passed unanimously. B. PROPOSED RESOLUTION NO. R15 -089 - Authorize the City Manager to sign Task Order No. R13- 063 -07 to CH2M Hill for professional hydrogeological services to support Class I injection well and Aquifer Storage and Recovery (ASR) well permitting in accordance with the award of RFQ 029 - 2821- 13 /DJL "HYDROGEOLOGICAL CONSULTING SERVICES ". The estimated cost for these services is $29,459.36. C. Approve the extensions for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for August 18, 2015 - "Request for Extensions and /or Piggybacks ". D. Approve the Bid Award for the "ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL - OFFS" Bid No. 059 - 2510- 15 /JMA to Iron Container of Miami, Florida as the lowest, most responsive, responsible bidder meeting all specifications for an estimated annual amount of $70,000 on an "As Needed" basis. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 E. Approve purchase of (2) 12 door lockers, (2) 8 door lockers, (1) kiosk module and (1) service agreement from American Locker of Coppell, TX in the amount of $19,039 as a sole source vendor. Commissioner McCray had pulled the item for further explanation of what was being purchased. Chief Katz clarified the lockers were for the storage and dissemination of sensitive items, such as AED machines, laptops, radio and other equipment that is issued to personnel. The items are very expensive. The current system costs $25,000 a year in extra personnel costs and it takes officers off the street. The security measures would allow the individual officers to check equipment in and out. The savings will be approximately $6,000 the first year and remain budget neutral for the remaining years. Commissioner McCray understood there needed to be more accountability in the Police Department. He questioned if there was any equipment missing at the present time. Chief Katz replied there was none missing. It is time management of officer responsibilities and the cost factor of the time involved. The money spent is forfeiture money and not taxpayer dollars. There will be a $1,000 a year expense. Motion Commissioner McCray moved to approve Item 6.E. Commissioner Merker seconded the motion. Vote The motion passed unanimously. F. Approve the minutes from the Regular City Commission meeting held on August 4, 2015. G. Approve the purchase of one (1) complete set of Hydraulic Extrication Tools and accessories from South Florida Emergency Vehicles (SFEV) of Fort Myers, FL, in the amount of $31,397.40. SFEV is the Sole Source vendor for Holmatro brand of equipment for the South Florida region, including Palm Beach County. H. Accept the written report to the Commission for purchases over $10,000 for the month of July 2015. Mayor Taylor indicated items not pulled from the Consent Agenda are automatically approved when the agenda is approved. (Item 11.A was addressed at this time.) MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R15 -090 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $113,449.40 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the Agreement. Motion Commissioner Merker moved to approve Proposed Resolution No. R15 -090. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None A. Discussion on process for demolition of the Old High School (Added to the agenda) Mayor Taylor advised Rick Gonzalez had met with Commission members individually and submitted a proposal. Commissioner McCray recalled a study by Mr. Gonzalez had been done in 2007. Mr. Gonzalez reported he had done three studies on the Old High School. The City had contacted Mr. Gonzalez for one of the studies. The other two studies were done at the request of private individuals in the Historical Society. Commissioner McCray thought the CRA had indicated $50,000 was spent for the studies. In 2008 it was reported that the Historical Society had started a pledge drive. He wanted to know if any pledge documents or dollars had been submitted to Warren Adams, Historical Planner. Mr. Adams corrected that he was a member of the Historical Society, not a board member or any type of affiliate. He did not receive any type of business reports. Commissioner McCray asked the City Manager to investigate what had been reported in the newsletter of the Historical Society. 8 August 18, 2015 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 Vice Mayor Casello believed the vote of 3 -2 for demolition of the Old High School was controversial and helped sparked community interest. Personally he was not impressed with survey numbers or perceived leaders spreading negativity without solutions or politicians who pan to the crowds. Vice Mayor Casello asserted his voting record on preserving the history of Boynton Beach was clear. He had spearheaded the effort to change the former Veterans Park to Dewey Park, honoring the Dewey name for the formation of early Boynton Beach. He assisted the Women's Club effort to receive $50,000 even if not successful in getting a matching grant. He fought for and was unsuccessful, as the only Commissioner, for the preservation and saving of the historical Dive Shop building at the Marina. Also, in the last two budgets he voted for funding to help supplement the Children's Schoolhouse Museum in excess of $500,000. Vice Mayor Casello had met with Mr. Gonzalez, a well -known architect and expert in historic preservation and architecture. The City has worked with Mr. Gonzalez on several studies. He presented a couple interesting concepts for preserving the building that are worth exploring. Mr. Gonzalez requested four months to develop the plans. He urged the Commissioners to agree to allow Mr. Gonzalez four months to vet every possible plan before demolition begins. Commissioner McCray had a study called Old Boynton High School Adaptive Reuse prepared December 12, 2009. Mr. Gonzalez acknowledged it was his report. Commissioner McCray echoed Vice Mayor Casello's remarks. He had met with Mr. Gonzalez previously. It would be due diligence to give Mr. Gonzalez the four months to submit a plan and if not convinced, Commissioner McCray would continue to vote no. Commissioner Merker wanted to hear Mr. Gonzalez's study and thanked him for coming. Mayor Taylor pointed out Mr. Gonzalez had served on the State Historical Commission, involved locally with saving the Church in the Town Square, Delray's Old School, Lake Worth Casino area and other projects. Mayor Taylor stressed his goal was not to tear down the Old High School. He clarified his desire was to see a plan to restore the building if the financial aspect can be arranged. The City does not have the money. Mr. Gonzalez has offered to cover the cost of his plan. Commissioner McCray asked how many studies had been done on the Old High School and Mr. Livergood replied nearly a dozen, specifically starting in 1993. In addition there has been a dozen or so discussing the structural integrity of the building and ability to adapt the building to other uses. In total there has been a couple of dozen studies. Commissioner McCray stated he has been in Boynton for many years and seen many changes. Mr. Gonzalez reviewed his credentials. He commented historical places change over time. It is how you manage and move with the change to ensure the essence of the 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 history is there, but it fits a modern use. He now has resources for a development team in house with a general contractor, engineer and finances to spend $500,000 in development, architectural and engineering fees. He was willing to spend $50,000 of their time and own money over the next four months and return in January with an alternative. The options include a private option, community option and perhaps a combination of both. The project would be extremely complicated. His team can present a viable solution. It is their area of expertise and he had been involved for 30 years in South Florida and Palm Beach County. If sufficient time is given, it will help the City of Boynton Beach realize the potential of redevelopment for the adjacent areas. Recently there have been proposals to reuse building, but do non - traditional or inappropriate changes for historical buildings. Commissioner Fitzpatrick had taken pictures that depicted the interior damage was not as bad as it could have been. He noticed there has been a tarp installed for some stabilization. Mr. Gonzalez had a team willing to spend the next four months to look at private options with CRA collaboration and study the cost and return on investment. There were several options to be explored with the CRA to develop the private option. The public option would encompass the Theatre, Civic Center, Art Center and other smaller uses to relocate to the building with some commercial uses in the front. If the use is for non - profit, a municipality or government institution, State grants could be sought. Available grants have increased from $350,000 to $500,000 as a partial funding for community -type projects. Through the private sector or CRA, TIF funding would be available. The cost may be different depending on the use. Any plan will take a collaborative approach with the goal to retain as much as possible. It was hoped to create an example of an adaptive reuse for the State of Florida. With the Commission's approval, Mr. Gonzalez looked forward to answering any questions and coming back in four months. Mayor Taylor remarked Mr. Gonzalez had addressed many of the concerns about the due diligence of the City to save the building. In discussion with Mr. Gonzalez, Mayor Taylor advised the City was currently paying over $200,000 a year to keep the Children's Schoolhouse Museum open. The Women's Club, the most historic building in Boynton Beach, needs a great deal of money. There are two houses on Ocean Avenue that are being preserved. Mr. Gonzalez has the extensive background and involvement in historic preservation efforts that could bring this project to reality. Mayor Taylor preferred to be optimistic that a solution can be found; however, there is the possibility that no plans could be developed or sufficient funding found. Commissioner Merker felt the citizens deserve the credit for forcing the issue back before the Commission for reconsideration. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 11 August 18, 2015 Vice Mayor Casello noted no one on the Commission was forced to do anything. The best result for Boynton Beach is the ultimate goal. It comes down to economics. Mayor Taylor commented he has never been forced to make any decision. He does listen. Mr. Gonzalez thanked Ms. LaVerriere for her input. Commissioner McCray echoed the remarks of Mayor Taylor and Vice Mayor Casello that none of his votes were forced either. Motion Commissioner McCray moved to extend to Mr. Gonzalez four months to come back in January and meet with the Commission and citizens who are interested to hear the proposals. Commissioner Merker seconded the motion. Commissioner Fitzpatrick reflected on Commissioner McCray's Toss when the first Poinciana School was torn down. There was no plan to replace the historic high school. The decision makers who voted to tear down the old Poinciana school are most likely dead and beyond retribution. Those trying to save the Old High School are mostly too young to know anything about the old Poinciana school and are not residents of Boynton Beach. Commissioner Fitzpatrick suggested one classroom could be saved as a Boynton Beach educational museum with a few desks and chairs to look like an old classroom and another area to be used as a memorial to other lost schools such as Poinciana, Boynton Beach Junior High rebuilt as Galaxy Elementary, Seacrest High School that is now a grass lot and Plumosa and St. Mark Catholic Schools that have closed. Another area could be used as an exhibit of Palm Beach County educational segregation and integration. The story needs to be told. Commissioner Fitzpatrick had no problem with the facts being raw and honest. After the vote on demolition of the OId High School, Commissioner Fitzpatrick decided he should take a leadership role in saving the OId High School. He had posted on social media on the Delray /Boynton's kid page, urging emails be sent to the City Commission and eventually 50 emails were sent to his mailbox. He invited those expressing interest to an organizational meeting at his home. In the interim, Jesse Feldman started an online petition and Barbara Ready informed more people. Commissioner Fitzpatrick entered the OId High School and took multiple pictures. The statements made relating to the condition of the School are exaggerated. Anthony Podray started an online fundraising site at gofundme.com. Commissioner Fitzpatrick gave $500 and the total contributions are now $1,670. A media protest was organized in front of the OId High School with at least 70 people in attendance. A project headquarters was established and various individuals assigned specific duties. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Mayor Taylor opened the issue for public comment. 12 August 18, 2015 Commissioner Fitzpatrick remained confident the participants would stay the course with the project and be present at the ribbon cutting in the future. Commissioner McCray stated for the record, "My vote was not a vote, you know, in retaliation. The people that went to the old Poinciana, I do admit half of them are dead, but I am very much alive." Mayor Taylor wanted the public to know it was obviously going to be a unanimous vote to extend the status quo another four months with a decision to be made in January. Dr. Piotr Blass, 113 W. Tara Lakes Drive, suggested giving Mr. Gonzalez six months until after the election. Mayor Taylor interjected only four months was requested. Dr. Blass contended it would be logical to allow more time. He offered to contact polish architects who restored Warsaw, Poland after World War 11, to work with the City free of charge. His dream and hope was to preserve the High School and create a University of Boynton. Brian Edwards, 629 NE 9 Avenue, thanked the Commission for reconsidering the matter and Mr. Gonzalez for offering his expertise. He appreciated consensus was accomplished. Mr. Edwards was proud of the citizens who were willing to unite in a peaceful rally for a cause and the Commission for listening to the public. Debbie Lytle, 1700 SW 14 Avenue, thanked the Commission for validating the citizens' interest in preserving the history of Boynton Beach and moving forward to a better future. Jesse Feldman, 1331 S. Federal Highway, was glad the citizens were being heard and thanked those who signed the petition and were present to speak on behalf of the School. He asked the City listen to others who have come forward to help develop the School, rather than limit the possibilities to Mr. Gonzalez. Mr. Feldman thought six months would be preferable to give the community an opportunity to raise money. Mayor Taylor advised any other interested developers should be directed to Mr. Gonzalez. He will be the point person for the City. Commissioner Fitzpatrick did not necessarily agree with the assertion. Ms. LaVerriere indicated there was a process or procedure for the City to accept proposals. The City is not advertising for a formal RFP or Request for Proposals. It is more of an unsolicited proposal that is a procurement process outlined by the State. Interested individuals could speak with Ms. LaVerriere and she would guide them through the same process as outlined to Mr. Gonzalez. It will be presented in the form of an unsolicited proposal for the adaptive reuse of the building. Mr. Feldman indicated he was proud to be a citizen of Boynton Beach. John McGovern, 3929 Palladium Lake Drive, recalled Mayor Taylor had stated, "The Commission is the voice of the people." Mr. McGovern surmised the current course of MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 action is political goodwill and will turn the preservation efforts around. He suggested a motion to reconsider should be offered by Vice Mayor Casello since he was on the prevailing side. Chris Montague, 222 W. Ocean Avenue, thanked the Commission for changing their views and considering the cries of the public. It was a great political move to bring the community together. Theresa Zimmerman, 121 SE 11 Avenue, indicated both her daughters had attended the School when it was an elementary school. They were all happy more time was being given to save the Old High School and make some new uses for it. She had heard $1M was being spent to demolish the dive shop and she felt it was a waste of money because it belongs where it is. The money could be used toward saving the beautiful School. Rev. Randall Gill, Pastor of the First Presbyterian Church of Boynton Beach, and new President of the Boynton Beach Historical Society, thanked the Commission for their wisdom and kindness in giving the citizens more of an opportunity to help save the Old High School and use it for the benefit of all the citizens in the community. The Commission was showing great leadership. James Devoursney, 2625 Lake Drive North, commented he was previously embarrassed to be a citizen of Boynton Beach because the Chair of the Planning and Zoning Board attacked a Commissioner. He was now proud to be a citizen of Boynton Beach. Michael Wilson, 1224 Isle Court, echoed the previous remarks. There is a lot of work needed downtown. The Old High School is a gem and the first stepping stone. The 500 Ocean project under construction and a cultural center area would anchor the west. Mr. Wilson suggested more listening should be done and it could be a new start for downtown Boynton Beach. Brad Druckenbrod, 1067 SW 25 Way, was very happy; however, he questioned how the building had reached its current condition and not maintained. Perhaps the neglect was intentional. Mayor Taylor recalled the school was shut down a long time ago by the School Board. Various endeavors were held in the structure and then it became a storage facility and ultimately nothing further was done. Voncile Smith, 1747 Banyan Creek Court, had attended the school when it was a high school. She was pleased it was going to survive. No one else coming forward, Mayor Taylor closed public comment and called for a vote on the motion. 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. August 18, 2015 Mayor Taylor was pleased with the outcome. These type of projects become emotional and things are said and done in haste. There is a national organization called "Black Lives Matter" and the followers wear black and wear their signs. Ms. Barbara Ready had posted an email that said, "Please come down to the school house, wear black shirts and bring a sign that says 'This building matters'." In Mayor Taylor's opinion, the comment equated Black lives matter with a building matters. He was offended by the comparison of a building with a person's life, regardless of the ethnicity. Some may be offended and it was a shameful thing to bring up. It was disrespectful because it compares people and buildings. Mayor Taylor apologized to anyone offended by the comment. Commissioner Fitzpatrick interjected the colors of the Old High School were black and gold, Boynton Tigers. When the rally was being organized there was not enough time to find black and gold clothing to wear. Equating the two is strange. 12. NEW BUSINESS A. Consider staff analysis of existing regulations applicable to gasoline sales uses contained in the Page 4 of 288 Land Development Regulations, Part 3. Zoning, Article IV. Use Regulations, Section D. Use Matrix & Notes, and direct staff relative to recommended amendments that in part, support continued operation and expansion of existing gas stations. (Moved from 8/4/15 meeting) Mike Rumpf, Planning and Zoning Director, pointed out the item had appeared on the strategic initiative list. It originated from a business owner who wanted to add gasoline sales to his convenience store on North Seacrest Boulevard. Staff was directed to study the applicable Land Development Regulations to determine if it was an eligible location. The plan to add gasoline sales was aborted, but the study was completed. Commissioner McCray suggested a brief summation would be sufficient since the original applicant has changed his plans. Mr. Rumpf remarked there are 18 gas stations within the City. At least half are non- conforming with current regulations. They are all located on arterial roadways which are the high -class roadways within the City. If half of the sites were damaged by a major storm event, the decision would have to be made if they could rebuild and continue to sell fuel and service to the community in great need. There is a current standard that all stations must meet a minimum 200 foot separation from a residential zoning district. There are five components to reduce the non- 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL 15 August 18, 2015 conforming stations from nine to three stations that were outlined by Mr. Rumpf. It was stressed there are no permitted provisions or scenarios for a gas station. Vice Mayor Casella inquired how the non - conforming stations were allowed to be built in their current locations. Mr. Rumpf noted most of the stations do not meet the minimum lot requirements. The stations are scattered throughout the City and only a couple in the CRA area will be covered or addressed through a more detailed study as the redevelopment plans are updated. All the stations are on major roadways, higher, intensive traffic corridors. It impacts residential areas the least. North Congress and South Congress are void areas and the changes would allow more intersections to allow gas stations. Vice Mayor Casello questioned why the changes were being made at this point giving a blanket amnesty to gas stations that non - conform, especially in a redevelopment area. Mr. Rumpf indicated it would significantly change the analysis. Those in the CRA area would be covered in more detail. Most stations are at major intersections where they should be located. Vice Mayor Casello wanted to know if the intent was, if a non- conforming station changes owners or goes out -of- business, could another non - confirming station open on the same lot. Staff would make that recommendation. The current stations are at appropriate locations and they serve the public well. Commissioner McCray was happy with the status quo. Commissioner Fitzpatrick questioned, if the changes were approved, would the Mall be able to include a gas station on one of the out parcels. Mr. Rumpf advised the regulations relate to stations at major intersections. As the regulations are currently written, all gas stations are conditional uses and locations have to be approved by the Commission. Mr. Rumpf noted it was good zoning theory to allow permitted uses rather than all conditional uses in areas. If most of the stations were closed due to a natural disaster, most could not be rebuilt under the current regulations, to sell gas in a time of extreme need. Commissioner Fitzpatrick opined the distribution of gas stations throughout the City is a benefit to the citizens and he was in favor of the proposed changes. Staff recommended the changes. Ms. LaVerriere added gas stations were a discussion item in June, 2014 strategic planning and was prioritized at that time. Vice Mayor Casello expressed concern that the regulations restrict the Commission's ability to dictate the location of gas stations. He did not agree with the proposed changes. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 Mayor Taylor agreed with Commissioner Fitzpatrick that it was serving the public throughout the City. He agreed with the suggested changes. Mr. Rumpf explained any changes would have to be advertised, go to the Planning and Development Board and return to the Commission in ordinance form. Commissioner Fitzpatrick asked how many of the stations had generators. Mr. Rumpf did not know. Vice Mayor Casello inquired if there was a State law that required gas stations to have backup generators. The County has a requirement for certain uses to have generators. Commissioner Fitzpatrick thought the proposed changes were going in the right direction to serve the citizens and he agreed to stay the course. Vice Mayor Casello thought there should be a local ordinance that mandates backup power for gas stations. Commissioner Merker concurred with Commissioner Fitzpatrick. Commissioner McCray agreed to bring it back. Mayor Taylor declared there was consensus to move forward and ultimately bring the final ordinance back before the Commission. B. Authorize the expenditure of $2,000 from Mayor Taylor's Community Support Funds to Boca Raton's Promise organization to assist the Boynton Beach Mental Health Committee. Motion Vice Mayor Casello moved to approve the expenditure. Commissioner Fitzpatrick seconded the motion. Commissioner Merker commented the cause is just, because it deals with mental health. It is a sham when it becomes political and is used to make a politician look good. It is taxpayer money and he was against the expenditure. Donations to charities should be personal. Taxpayer dollars should not be used to enhance the image of a politician when departments still have needs in the budget. Commissioner McCray was concerned that Mayor Taylor was using all of his funds for one cause. It is Mayor Taylor's discretionary funds. Other groups will come forward needing assistance and perhaps other Commissioners can use their funds to help those organizations. He would vote in favor of the expenditure. Mayor Taylor pointed out the request was for twice the amount allotted. The next budget starts the first of October, so there is only 30 days left for making donations out of the current fund accounts. The donation is for the Mental Health Committee and not about politics or individuals. Mayor Taylor did want some written documentation that the monies paid through the Boca Raton Promise Organization due to tax requirements, are brought back to the Boynton Beach Mental Health Committee. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 Commissioner Fitzpatrick commented he felt the donation was not being done for any political reasons and he applauded Mayor Taylor's efforts. Vice Mayor Casello agreed. Vote The motion passed 4 -1 (Commissioner Merker dissenting). C. Discussion on increasing golf fees. (Added to the agenda) Motion Vice Mayor Casello moved to approve increasing the golf fees. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 15 -021 - FIRST READING - Approve amendment to Chapter 16, Parks and Recreation, of the Code of Ordinances including Section 16 -82, increasing annual resident beach parking permits from $40 to $50, increasing non - resident parking permits from $90 to $200 and changing them from seasonal to annual, and increasing daily fees on holidays and weekends from May 1 - November 15 from $5 to $10. Attorney Cherof read Proposed Ordinance No. 15 -021 by title only, on first reading. Motion Vote City Clerk Prainito called the roll. The vote was 5 -0. 17 Commissioner McCray moved to approve Ordinance No. 15 -021 on first reading. Commissioner Fitzpatrick seconded the motion. Vice Mayor Casello inquired if there was a program to reduce the rates for veterans or handicapped or seniors. Mr. Majors recalled several years ago the courtesy of waiving fees was discontinued for those having disabled parking permits. It was determined that one -third of all the park users were having their fees waived constituting a significant revenue loss. Vice Mayor Casello asked if a reduced fee was considered. Mr. Majors explained there was discussion at workshops. The Commission establishes the policy MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 B. PROPOSED ORDINANCE NO. 15 -022 - FIRST READING - Approve Ordinance amending Article III of Chapter 18, Section 18 -169, Boynton Beach Police Officers' Pension Fund providing for a 3% multiplier for participants hired on or after October 1, 2015 Attorney Cherof read Proposed Ordinance No. 15 -022 by title only, on first reading. Motion Vice Mayor Casello moved to approve Ordinance No. 15 -022 on first reading. Commissioner Merker seconded the motion. Commissioner McCray inquired if the change had been verified by the Union. Ms. LaVerriere indicated it was a negotiated benefit. Commissioner Fitzpatrick applauded the Police Department for taking the first step to assist the City. It is a token improvement and it will not have any positive effects on the sustainability of the pension program for years and years. It is a first step and not a final step. Firefighters and police are a brotherhood and this action sets up a two - tiered benefit system. The benefits should all be the same. Vote City Clerk Prainito called the roll. The vote was 5 -0. C. PROPOSED ORDINANCE NO. 15 -019 - SECOND READING - PUBLIC HEARING - Approve amendments to the Land Development Regulations, Chapter 1, Article II (Definitions), and Chapter 3, Article IV, Section 3.D. (Zoning Matrix and Notes) to establish a new use — Landscape Debris Stockpiling, including the zoning district where such use is allowed (M -1), and corresponding approval processes, and site, use and operational restrictions and standards. City- initiated Attorney Cherof read Proposed Ordinance No. 15 -019 by title only, on second reading. An amended Ordinance was distributed that reflected the changes suggested by staff after first reading. The changes were reviewed by the Planning and Development Board last week and approved. There needs to be a motion to amend the Ordinance to reflect the changes and a motion to approve the Ordinance. Motion Vice Mayor Casello moved to approve the amended Ordinance as submitted. Commissioner McCray seconded the motion. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Vote The motion passed unanimously. Motion August 18, 2015 Commissioner Merker noted the new regulations would not allow the current business on the lot in question to sustain his business because the property is not large enough. Attorney Cherof clarified there is a provision in the Ordinance that allows time for the application for a conditional use. Any property owner, in conjunction with a conditional use application, can make an additional application for a variance. Commissioner Merker hoped there would be continued inspections of the dumping properties. Attorney Cherof pointed out the Ordinance moved very quickly through the process of review, drafting, review by the Planning and Development Board and there is a provision for an 18 -month pilot program so the Commission can vet any issues that may arise before the program ends and has to be renewed. Vice Mayor Casello moved to approve Ordinance 15 -019 on second reading. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. D. PROPOSED ORDINANCE NO. 15 -020 - SECOND READING - PUBLIC HEARING - Approve Ordinance amending the Green Building Fee section of the Land Development Regulations, Part III; Chapter 2; Article I; Section 5.D.2.C; to be incorporated into the Building Division fee schedule. Attorney Cherof read Proposed Ordinance No. 15 -020 by title only, on second reading. Motion Commissioner Merker moved to approve Ordinance No. 15 -020 on second reading. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public hearing and no one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL August 18, 2015 E. PROPOSED RESOLUTION NO. R15 -091 - Approve the update to the Building Division fee schedule; amending six (6) existing fees and creating four (4) new fees under the Building Division fee schedule for building and construction related activities in the City of Boynton Beach, changes to become effective immediately. Motion Commissioner McCray moved to approve Resolution No. R15 -091. Vice Mayor Casello seconded the motion. Mayor Taylor opened the issue for public comment and no one came forward. Vote The motion passed unanimously. F. Pursuant to Section 286.011(8), Florida Statutes, Attorney Cherof is requesting a private attorney /client session of the City Commission to discuss pending litigation in the following case: C.M., Plaintiff vs CITY OF BOYNTON BEACH and STEPHEN JAMES MAIORINO, Defendants, - Case No. 2014CA013942 Div. AN Attorney Cherof indicated this was a complicated case and approximately an hour of the Commission's time would be needed to discuss the litigation. It was decided the closed -door session would be held on Thursday, September 10 beginning at 5 p.m. 14. FUTURE AGENDA ITEMS A. City Commission discussion of Independent CRA Board - September 15, 2015 - per direction from the FY 15/16 Strategic Plan sessions. B. City Commission to review Legislative Priority List for upcoming Legislative Session - September 3, 2015 C. Extension of Lobbyist Contract - September 15, 2015 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:38 p.m. 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL ATTEST: J o rt M. Prainito, MMC Clerk J A. Pyle, CMC o puty City Clerk 21 CITY OF BOYNTON BEACH o Casello, Vice Mayor Mack McCray, Michael M. Fitzpatrick, Comm i ' loner August 18, 2015 ner