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Minutes 10-06-15PRESENT 1. OPENINGS MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 6, 2015 @ 6:30 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael Fitzpatrick, Commissioner 2. Adoption 1 Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:34 p.m. Invocation Commissioner McCray offered the Invocation. Pledge of Allegiance to the Flag led by Commissioner David Merker Commissioner Merker led the Pledge of Allegiance to the Flag. Roll call revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor advised two items would be added under New Business. Item 12.C. would be the PBA Contract Ratifications and Item 12.D would be the Globaltech contract for the East Water Treatment Plant. Mayor Taylor pulled Item 6.F. for further explanation from staff. Commissioner Fitzpatrick received requests to speak on the CRA Resolution and he asked to move Item 13.C. forward on the agenda. Mayor Taylor suggested hearing Item 13.C. immediately following section 6. Consent Agenda. Vice Mayor Casello pulled Items 6.0 and 6.G for discussion. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion 2 OCTOBER 6, 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 Vice Mayor Casello advised he had participated in the Chamber of Commerce Golf Tournament. Commissioner Merker had the privilege to learn and attend the 107 Anniversary of St. John Missionary Baptist Church. The people came together to celebrate the history and thoughts of the past, present and into the future. The Pastor was exciting and dramatic. Commissioner McCray recognized the demise of Ms. Elizabeth Jenkins, 93 years young. She was a community activist in the City and lived in District II. He asked her family be kept in prayers. On October 1 Commissioner McCray went to the Links Golf Course to plant a tree, as did Mayor Taylor and Vice Mayor Casello. He had met with Vivian Brooks, after having refused to meet with her because of past experiences. She had sent a note of apology to Commissioner McCray which he accepted and would work to move the City forward. Mayor Taylor had gone to the Mayors' Literacy Coalition and swore in the Americorps volunteers. They are young people who volunteer their time in libraries or schools and get paid very little. The "Read for the Record" event was announced. The featured book is Not Norman. For the last two years, the City of Boynton Beach has won by reading to the most children. Volunteers to read are needed. On September 18 Mayor Taylor, welcomed Lady Mayor of Westminster England to the Boynton Beach Community High School where the Dimensional Harmony Choir performed for her. An official invitation was delivered for the Choir to attend and perform at the London International Choir Festival. Mayor Taylor also attended the Senior Health Fair at the Senior Center that had a tremendous turnout. He went to the St. John Missionary Baptist Church's 107 Anniversary celebration, the Avenue of the Arts reception and the League of Cities luncheon. Mayor Taylor explained the County is proposing a half cent or one cent MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 increase in the sales tax to cover a $700,000 to $800,000 shortfall to improve the infrastructure and roads in Palm Beach County. The cities are in the same situation. The two options would be to raise property taxes or the sales tax assessment. The Cultural Council will be assessing the public opinion. The issue would have to be decided by a referendum vote of all residents. The revenue from a half cent increase would be $1.2B that would be divided 60% to the County and 40% to the municipalities based on population, The City of Boynton Beach would realize $5M for a half cent increase and a one cent sales tax increase would result in $10M in revenue. Mayor Taylor noted the golf course tree planting included 175 trees as a result of grant funding. The Chamber of Commerce Golf Tournament was another event attended and the concert featuring the Gold Coast Band held at the Civic Center. Mayor Taylor acted as conductor for the opening and closing numbers for the band performance that was well attended. Vice Mayor Casello added kudos for the golf course staff for making The Links a five - star golf course. Commissioner McCray added he had visited Boynton Beach High School to meet with the Principal and stressed all individuals have to abide by the rules of the Palm Beach School District. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Boynton Beach Community High School's Principal Mr. Fred Barch on the latest fundraising efforts for the Dimensional Harmony to travel to London and perform at the London International Choral Festival. Mr. Barch will introduce Sterling Frederick, Choir Director, who in turn, will conduct the choir in several songs for the audience. Fred Barch, Principal of Boynton Beach Community High School, indicated the choral program was well known locally, state -wide and nationally, under the direction of Mr. Sterling Frederick. The invitation to sing at the London Festival is only given to nationally recognized programs. It is an honor bestowed on only seven choral programs in the world. There is an ongoing fundraising campaign to offset the cost of the trip. The group was present and sang, Somewhere Over the Rainbow and a gospel selection. Commissioner McCray announced he would be donating $1,000 to the choir from his community funds. Mr. Barch explained the ways to donate to the Choir. The discipline and structure of the group is outstanding. 3 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 B. Vice Mayor Casello to introduce Ms. Beverlee Miller Raymond who intends to present a donation to assist the Dimensional Harmony Choir of Boynton Beach Community High School to honor the invitation of Past Lady Mayor of Westminster Catherine Longworth to sing at the London International Choral Festival. Beverlee Raymond commented to have the opportunity at such a young age is amazing. She donated $5,000 to the Choir for the trip. She explained her family has lived in Boynton Beach since 1971 operating the Royal Manor development. She hoped the students would have a great time in London. Vice Mayor Casello noted Ms. Raymond is involved in the organization Extraordinary Charities, a Palm Beach based, non - profit organization devoted to raising awareness of small, but deserving charities. The organization was co- founded by Beverlee and John Raymond, Jr. Their focus is on cultural, educational and human services. Vice Mayor Casello thanked her for their generosity and for being a good neighbor in District IV. Mayor Taylor commented the Choir has performed nationally and it is now time to share their talents with the rest of world. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Fall Festival" event, which will be held at Intracoastal Park on Saturday, October 10, 2015 from 3:00 to 6:00 p.m. Wally Majors, Recreation and Parks Director, announced another Play Unplugged event. It is the Fall Festival to be held on October 10 from 3 to 6 p.m. The first 50 kids at the pumpkin table will receive a free pumpkin. There will be pony rides, a petting zoo, a climbing wall, face painters and much more. It is a free family event. D. Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2016 Calendar. Eleanor Krusell, Communications Manager, announced the City was accepting pictures for the 2016 Calendar, from residents and the public, depicting images portraying the City of Boynton Beach and its amenities. There have been over 40 entries. There is no entry fee or limit on the number of photos submitted. The entries can be submitted online by October 19 Each photo selected will receive a $100 award. 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) 4 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 Harry Woodworth, 685 NE 15 Place, President of the Inlet Cove Association (INCA) reported FPL had pulled out all the wooden poles along N. Federal Highway except one. The pole on the bridge at the C -16 Canal now has electricity. Joyce Mura, 1555 Palmland Drive, wanted a response to an email she had sent on August 19 relating to assisting the City to garner information on the police and fire services. There was to be a survey of the citizens included in the utility bills. Within her association, the unit owners do not get individual utility bills. She offered to distribute the survey to the residents in her area. She had not received a response to her email. Vice Mayor Casello explained the survey had not been started and when and if it is ready for distribution, her name and information would be available. He thanked her for her interest in assisting. Susan Oyer, 140 SE 27 Way, works in Boca Raton, Florida and their City Commission is very unresponsive. Ms. Oyer commended the Boynton Beach Commission for addressing the concerns of the citizens that come forward at the meetings. It is done on a timely basis and issues are generally resolved. Audrey Gerger, 331 NE 1 Avenue, owns a historical double townhouse that has an issue with parking. After over 80 years, parking in the front of the property is no longer possible. It is now a deep ditch with grass. Her property has no grass and she now has to maintain the grass at her expense on the City's property in front of her house. She was not consulted on the parking and a ditch was created. She contended she pays for an occupational license and taxes and should not have to pay for lawn service. She felt she did not deserve the burden and requested reimbursement. Dr. Piotr Blass, 113 W. Tara Lakes Drive, felt the City was doing well. He mentioned the beach has deteriorated with pollution and bacteria in the water. Whoever is polluting the ocean should be confronted and stopped. The conditions should be closely monitored. Dr. Blass reiterated his desire to have the Old High School converted to the University of Boynton Beach. Mayor Taylor responded there has been an issue with seaweed along the entire Florida coast. It is cleaned regularly and the water is tested and the beach closed, if necessary. Rev. Bernard Wright, 713 NW 2" Street, commended Jeff Livergood and City staff for the work being done in the Heart of Boynton. Staff is responsive and Commissioner McCray assists when needed. Herb Suss, 1711 Woodfern Drive, had attended a climate change meeting and reported on upcoming events. There would be a County Commission meeting with an item relating to the Ag Reserve. It should be saved. Mr. Suss cautioned the tides are rising. 5 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL He was upset with meetings scheduled on the 2 day of Rosh Hashanah and distributed Jewish calendars to assist in avoiding scheduling conflicts. Steven Grant, NE 3 Avenue, informed the Commission and community he was a candidate for the office of Mayor in the upcoming election. He had been Chair of the Financial Advisory Committee and believed a youthful viewpoint of the City was needed going forward. He noted West Palm Beach and the County had decriminalized possession of 20 grams or less of marijuana and asked if Boynton Beach could do the same. Mayor Taylor advised he had discussions with the Criminal Commission and the Boynton Chief of Police relating to marijuana. 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 Student (Stu) and Non- voting 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 Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Motion Alternate (Alt) Mayor Taylor moved to appoint Floyd Zonenstein to the Planning and Development Board. Commissioners McCray and Fitzpatrick seconded the motion. Vote The motion passed unanimously. 6 (Reg) and OCTOBER 6, 2015 B. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, January 12 -13, 2016 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion OCTOBER 6, 2015 Commissioner McCray moved to authorize travel to Tallahassee. Commissioner Merker seconded the motion. Ms. LaVerriere explained there were monies budgeted for two attendees. It is a decision for the Commission. Mayor Taylor, Vice Mayor Casello and Commissioner Merker volunteered to attend. Vote There was consensus that three members could attend. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R15 -120 - Approve the expenditure of $7,825 for the Subscription Agreement with American Funding Innovators, Inc. and authorize the City Manager to execute the agreement. B. PROPOSED RESOLUTION NO. R15 -121 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Special Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. C. PROPOSED RESOLUTION NO. R15 -122 - Allow for a Waiver of Right of First Refusal for PNC Bank, National Association, owner of 293 Meadows Drive, Boynton Beach, Florida, 33426, and authorizing the Mayor or his designee to sign this document. Vice Mayor Casello had pulled Item 6.0 for discussion. He understood the house went into foreclosure and as a lienholder, the City lost all rights to any money resulting from the eventual sale. Andrew Mack, Interim Director of Development and City Engineer, explained the lien on the property had been dissolved due to the foreclosure. Vice Mayor Casello questioned if a trend was being set and total monies lost through the foreclosure process. Mr. Mack responded this property was first before the Commission as a short sale that would have resulted in some monies being returned to 7 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL the City. Unfortunately the sale did not materialize. The waiver involves an opportunity for the City to purchase the property, but funds are not available. Vice Mayor Casello wanted to know how much money has been lost in similar situations of foreclosure for the homes in the first -time home buyers program. Mr. Mack would supply the information. The program remains in effect through SHIP (State Housing Initiative Partnership). Mr. Mack advised the second mortgage was for $58,930 that was grant funding from the State. Motion Commissioner Merker moved to approve the Item. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. D. PROPOSED RESOLUTION NO. R15 -123 - Authorize the City Manager to sign a three (3) year equipment /software maintenance agreement with Physio Control for Lucas CPR devices for an annual cost of $6,330. E. PROPOSED RESOLUTION NO. R15 -124 - Authorize the City Manager to have signature powers on behalf of the City of Boynton Beach for the establishment of quiet zones along both the CSX and FEC Rail corridors. F. PROPOSED RESOLUTION NO. R15 -125 - Amend the FY2014- 2015 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as need to cover anticipated expenditures for FY 2014 -2015. Mayor Taylor had pulled the item for informational purposes. Mr. Howard clarified this was an annual balancing process undertaken prior to the audit. The Statute allows for a budget amendment of the previous year's budget for up to 60 days after the end of the fiscal year. If department level approval monies are moved between departments, it requires City Commission approval. Examples of such changes would be an underestimated expense, payouts for employee benefits and DROP benefits that are not budgeted at the beginning of the year. All departments are reviewed for any shortages and anticipated revenues. The Building permits and Code Enforcement fines revenue are more than anticipated. Mr. Howard reviewed the larger issues to be brought before the Commission. He anticipated the overall budget coming in $1.5M under budget for the year before the audit is done. 8 OCTOBER 6, 2015 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion Commissioner Merker moved to approve Item 6.F. Commissioner McCray seconded the motion. Vote The motion passed unanimously. OCTOBER 6, 2015 G. PROPOSED RESOLUTION NO. R15 -126 - Award and authorize the City Manager to sign a Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc. to operate the Restaurant at the The Links golf course as a result of RFP No. 061 - 2910- 15 /JMA. Vice Mayor Casello had pulled the item for further discussion. Ron Tapper, Golf Course Manager, noted the rent for the restaurant concession was $7,000 or 6.5% of gross sales, whichever is greater, for the first year, with an increase the second year. Vice Mayor Casello asked if the current vendor had submitted a bid. Mr. Tapper advised they had not submitted a bid and was unaware if they were profitable at the location. Their rent was based on 7¢ per round or $4,500 to $5,000 a month. There were 60,000 rounds. Vice Mayor Casello inquired if the menu included any specialties and Mr. Tapper indicated some fried foods were added, grilled items, fresh eggs used. The kitchen was up to Code and any problems had been resolved. The golf course would be responsible for any maintenance issues with the equipment. The expenses and revenue were at break even. The rent is higher, but there will be more food items. Based on the fact all prior vendors have left the facility, Vice Mayor Casello was concerned another vendor would ultimately fail. He questioned how the quality could be improved. Mr. Tapper advised the vendor selected has operated at other golf courses for a number of years at each location. It appears there is now a quality vendor to operate at an approved facility with no unforeseen expenses. Mr. Tapper noted the air conditioning system was being totally replaced. Commissioner Merker inquired if there was dialogue with the vendor to provide the proper menu and services for the customers. Mr. Tapper stressed the vendor does not work for the golf course or the City. There is dialogue between the staff and the vendor. 9 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion Vice Mayor Casello moved to approve Item 6.G. Commissioner McCray seconded the motion. Vote The motion passed unanimously. H. Approve the purchase of three (3) Thermal Imager Cameras from Municipal Equipment Company of Orlando, FL, by utilizing Lake County Contract 12- 0806M for an estimated total cost of $29,198.55. I. Accept the Fiscal Year 2014 -2015 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2015. J. Approve the minutes from the Regular City Commission meeting held on September 15, 2015 and the Special Meetings held on September 9th and 30th, 2014. (Item 13. C was discussed at this time). 7. BIDS AND PURCHASES OVER $100,000 Motion Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 10 OCTOBER 6, 2015 A. Award the bid for a "Two Year Bid for Diesel /Propane Generator and By -Pass Pump Maintenance and Repair Service ", Bid No. 066 - 2821-15/JMA for the Utilities and Facilities Departments to Advance Generator Sales and Service, Inc. of Royal Palm Beach, FL. for an annual anticipated expenditure of $125,000. Commissioner McCray moved to approve the bid award. Vice Mayor Casello seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Motion Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. Motion Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 5 -0. 11 OCTOBER 6, 2015 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 15 -025 - FIRST READING - PUBLIC HEARING - Approve MLK South (LUAR 15 -001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX) Attorney Cherof read Proposed Ordinance No. 15 -025 by title only, on first reading. Commissioner McCray moved to approve the Ordinance. Vice Mayor Casello seconded the motion with discussion. Vice Mayor Casello was confused with the parcel of land being affected. Mr. Rumpf noted the first item was the MLK project. PROPOSED ORDINANCE NO. 15 -026 - FIRST READING - PUBLIC HEARING - Approve rezoning from C -2 (Neighborhood Commercial District) and R -2 (Single -and Two - Family Residential District), to MU -L2 (Mixed Use Low Intensity 2 District). Applicant: City- initiated at the CRA request. Attorney Cherof read Proposed Ordinance No. 15 -026 by title only, on first reading. Commissioner McCray moved to approve the Ordinance. Commissioner Fitzpatrick seconded the motion. MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion OCTOBER 6, 2015 B. PROPOSED ORDINANCE NO. 15 -027 - FIRST READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15 -003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) Attorney Cherof read Proposed Ordinance No. 15 -027 by title only, on first reading. Commissioner Fitzpatrick moved to approve the Ordinance for discussion purposes. Vice Mayor Casello seconded the motion for discussion. Mr. Rumpf noted the application process was started several months ago. The application boundaries coincide with the project area described in the Heart of Boynton Plan update. Vice Mayor Casello understood the area had to be rezoned so the project can be chosen for the 9% tax credits. Vivian Brooks, Director of the Community Redevelopment Agency (CRA) concurred. Vice Mayor Casello did not understand why privately owned property was being rezoning. Ms. Brooks explained the purpose of the plan is to encourage redevelopment of property and if the owners desire to develop the property the zoning would be in place. Or, in the event Related Group is unable to obtain the 9% tax credits, they suggested 4% may be sought with the property in question included. A representative for the private owners was present at the Planning and Development Board meeting and indicated they were interested in selling the property, but not to the CRA. The request encourages redevelopment. Vice Mayor Casello recalled the owners of the additional parcel had reneged on a previous plan for the same site because he wanted to incorporate the same property and the terms were never agreed upon. The Ocean Breeze East project does not need the additional parcel. He questioned why the property in question should be rezoned with more density that increases the value of the property. Vice Mayor Casello was upset that he was not made aware of the planned rezoning of the additional parcel of land. Mayor Taylor interjected the rezoning could be approved without the additional parcel. Motion Vice Mayor Casello moved the Ordinance be approved with the elimination of the Hudson Holding property or JMS property. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public hearing. Brian Edwards, 629 NE 9 Avenue, thought the plan was visionary. He suspected the same request would be made later, so why not do it now. It was the crux of the problems in District II redevelopment of being pieced together. Stipulations can be 12 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 added at this point. Vice Mayor Casello questioned why it would be appropriate to do it now and increase the property value, when it could come back in the future for acquisition by the CRA and it would be negotiated at a higher price at that time. Mr. Edwards contended the City should know what it wants to do with this entire area and that property before this project was proposed. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). Attorney Cherof advised the second reading would include the suggested amendments and will need a motion to amend and then the adoption on second reading. PROPOSED ORDINANCE NO. 15 -028 - FIRST READING - PUBLIC HEARING - Approving rezoning from R -3 (Multi - Family Residential District) to MU -L2 (Mixed Use -Low Intensity 2 District) - Applicant: City- initiated at the request of CRA Attorney Cherof read Proposed Ordinance No. 15 -028 by title only, on first reading. Motion Vice Mayor Casello moved to approve the Ordinance. Commissioner McCray seconded the motion. Mayor Taylor indicated the same parcel should be eliminated as in Ordinance No. 15- 027. Vice Mayor Casello amended his motion to make the distinction to eliminate the parcel previously mentioned. Commissioner McCray agreed to the amended motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote City Clerk Prainito called the roll. The vote was 4 -1 (Commissioner Merker dissenting). Attorney Cherof advised the amendments would be in the body of the Ordinance when it is returned for second reading. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 13 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL 12. NEW BUSINESS OCTOBER 6, 2015 A. PROPOSED RESOLUTION NO. R15 -127 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Related Urban Development Group (RUDG, LLC) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. Motion Commissioner McCray moved to approve Resolution R15 -127. Vice Mayor Casello seconded the motion. Vote Motion passed unanimously. B. Approve the release of land parcels owned by the CRA as approved at the CRA Board meeting on September 8, 2015. Motion Commissioner McCray moved to approve the release of land parcels. Vice Mayor Casello seconded the motion. Vote The motion passed 4 -1 (Commissioner Fitzpatrick dissenting). C. PBA Contract Ratifications PROPOSED RESOLUTION NO. R15 -129 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach county Police Benevolent Association Police Officers & Detectives and the City. PROPOSED RESOLUTION NO. R 15 -130 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. PROPOSED RESOLUTION NO. R15 -131 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. 14 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL Motion OCTOBER 6, 2015 Vice Mayor Casello moved to approve the ratifications. Commissioner McCray seconded the motion. Vote The motion passed unanimously. D. Approve the proposal from Globeltech for $52,214.57 to conduct a structural evaluation of the clearwell vault located at the East Water Treatment Plant. This is in accordance with the approval of RFQ 017 - 2821- 14 /DJL, General Consulting Services, Scope Category A as approved by the City Commission on July 1, 2104. Colin Groff, Director of Utilities, explained a $30M project to upgrade the East Water Plant has been ongoing. There is a very large tank under the buildings. An inspection two years ago was the basis for the current construction estimate. The contractor entered the tank resulting in a change of the estimate. The tank is old and needs to be repaired. Globeltech would provide their structural opinion of the tank and the repair methods. Based on their experience with the exact same tank in other cities, it could be a savings of $1.2M to $1.4M. Delaying the project is not an option, so the item had to be added late. Commissioner McCray asked for the cost for Globeltech to inspect the tank. Mr. Groff advised it was approximately $52,000 and half of that is for x -ray surveying of the concrete and the steel. Commissioner McCray inquired if Mr. Groff was satisfied with the company and Mr. Groff replied they were reputable and had been utilized by the City previously. They have experience with the same tanks in Palm Beach County, built by the same contractor. Their repairs have been very successful. Commissioner Fitzpatrick asked if it was standard procedure to build tanks under other structures. Mr. Groff indicated it was not standard practice at this time because of the groundwater table. It would be extremely expensive to be replaced. The repairs would extend the life a minimum of 20 years with an average life span of 25 to 30 years. The concrete is falling and cracking and the steel is showing, rusted and in terrible condition. The original estimate for repair was extremely high so another estimate is being sought. Vote The motion passed unanimously. 15 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL 13. LEGAL OCTOBER 6, 2015 A. PROPOSED ORDINANCE NO. 15 -023 - SECOND READING - PUBLIC HEARING - Approve amendments to the LDR to 1) allow City- initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City- initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review. Attorney Cherof read Proposed Ordinance No. 15 -023 by title only on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance 15 -023 on second reading. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. PROPOSED ORDINANCE NO. 15 -024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. Attorney Cherof advised there are two collateral documents that were not agreed upon and the item would need to be tabled to avoid re- advertising and extra cost to the parties. Attorney Cherof read Proposed Ordinance No. 15 -024 by title only, on second reading. Motion Commissioner McCray moved to table to October 20 2015. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. 16 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 C. PROPOSED RESOLUTION NO. R15 -128 - Consider and act on Resolution designating the City Commissioners as the sole members of a five (5) member CRA Board. Vice Mayor Casello had originally moved to remove the civilian appointees from the Community Redevelopment Agency (CRA) Board because elected officials are held to a higher standard. It was misconstrued that he did not want citizen input. His proposal was to have a volunteer, Executive Director advisory committee to ensure the CRA maintains community accountability. It would be non - political and convened by the Executive Director and does not usurp the community's ability to participate in the CRA process. The Committee would be comprised of five or seven people who have input into the CRA's direction now and in the future. The Commission should be held accountable. Commissioner McCray concurred with Vice Mayor Casello. Commissioner McCray was taken aback when a board member for six years stated to the newspaper and to the Commission that the Commission was the leadership team rather than the policy makers. The individual had served as a Commissioner, Vice Mayor and appointed Mayor. The City Manager runs the City and Ms. Brooks runs the CRA. It was pointed out that Mr. Buchanan expressed his displeasure with the evaluations done by Vice Mayor Casello and Commissioner McCray. For a Board member to criticize another member's evaluation was inappropriate. He was evaluating Ms. Brooks and not Mr. Buchanan. Commissioner McCray based his evaluation on the comments from the citizens affected in the Heart of Boynton. He was totally in favor of a CRA advisory committee with individuals from the City with the talents to assist the community and the Commission. He wanted a broader aspect and poll the City and see what can be accomplished. Help is needed and there are citizens willing to serve. Commissioner McCray contended the 2016 election should not emphasize the CRA and Old High School because there are bigger issues to be dealt with than one or two. He would agree with a citizen advisory board, but it has to be made up with volunteers from the entire City and not just one or two people from District I1. Commissioner Merker felt it was coincidental that Mr. Hay has been a Commissioner, Mayor and on the CRA Board. There was a 4 -1 vote to put Woodrow Hay back on the CRA Board when Mark Karageorge resigned. Mr. Hay should be on the Board because he has done nothing wrong. He has dignified the City simply by volunteering. Mr. Buchanan deserves the most credit because he has not run for election and volunteered for 20 years. The elected officials have to take criticism. Commissioner Merker did agree with the change in terminology from independent to advisory . Vice Mayor Casello had previously spoken in favor of an all independent board. Commissioner Merker pointed out the individuals prepared to speak have the 17 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL 18 OCTOBER 6, 2015 necessary credentials. Hopefully the volunteers will continue to serve the community and perhaps run for office in the future. Games were played at the last meeting and the issue should not have gotten this far. He had requested the matter be postponed from the last meeting that he could not attend. There are citizens who want to volunteer and offer their professionalism to the City. New ideas are needed. The changes of opinion disrespect the citizens of Boynton Beach. Commissioner Fitzpatrick and Mayor Taylor wanted to wait for public input before commenting. Commissioner McCray pointed out he was not running for Mayor and was already an elected official. He would accept criticism, but when an individual elected and appointed to serve does not know government, he was concerned. Challenging his evaluation was another concern. He was human and would accept constructive criticism. He asserted he does not flip flop on issues. Paula Melley, 720 Mariner's Way, referred to stories involving rape by a police officer and the sale of drugs from a police cruiser, having been publicized about Boynton Beach. The problem with the CRA and citizens on the board is the history of the City is steeped in scandal and a political machine that is outside and separate from the residents. It now appears to be a personal issue. There was a time when the CRA Board was all citizens that was fraught with scandal. Realtors were doing back -door deals and land grabbing when the CRA wanted to purchase land for development. The history is plagued with this dissention. To get rid of the two individuals at this time gives the perception that something is being done improperly before the year ends. It is hard to remove the stigma attached to the unstable situations over and over again. She urged the Commission to reconsider their decision and weigh all the available options before making the final decision. It should be good public relations for the City of Boynton Beach rather than for the individual. This is an opportunity to undo some of the prior inconsistencies and complications and keep the status quo. There is a history of obliterating boards and committees comprised of citizens that creates a pattern of ignoring the citizens. The perception is the reality. Tom McClure, President of the Boynton Intracoastal Group (BIG), asked the Commission to reconsider Resolution No. 15 -128. He thanked Vice Mayor Casello for allowing others to express their concerns. Harry Woodworth, 685 NE 15 Place, President of INCA (Inlet Cove Association), pointed out studies show that citizens and community leaders working together leads to high achieving municipalities. It is recognized that local people are needed to solve local problems. INCA has tried to work with the City over the years to have community engagement, improve the quality of life and the pride of living in Boynton Beach. The proposed resolution undermines the principal of citizen participation in government. In MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 conjunction with the demise of the Code Compliance Board and Financial Advisory Committee, the meaningful opportunities for participation have been denied. Mr. Woodworth felt the citizens on the CRA Board have improved the communications immensely. Citizens on the board provide a non - political overview most of the time that includes local knowledge. He asked the Commission review the decision and place the interests of the City and CRA residents above the pettiness and political expediency. LuLu DeCamara, 836 East Drive, experienced the three compositions of the CRA Board; the seven - member totally independent board, five - members of the City Commission and the current mixed board with the Commission and two independent members. There will always be important issues within the CRA District that should be decided by seven members rather than five. She believed the current configuration should remain. Ozzi Leal, 166 NE 15 Place, had graduated from the Citizen Police Academy and had good feelings about the governing body and their interest in citizen participation. It keeps the residents on the pulse of the activities in the area. Mr. Leal was disappointed the two citizens were being eliminated. The participation gives a voice to the people and builds trust and provides ideas. Mark Karageorge, 240A Main Boulevard, a former CRA member, was disappointed with the decision to draft the ordinance to make it a Commission only board. The most experienced members of the CRA Board are being removed and the citizens made to feel less important. The current Commission has dissolved the Code Compliance Board, Community Relations Board, Financial Advisory Committee and the Cemetery Board, all citizen boards. Over the years the uncertainty and confusion has hurt the CRA in the past and it will in the future. When the change was made from a citizen board to a Commission board the City paid a huge price with projects not getting done, businesses leaving the City, project delays, FBI investigations and litigation involving staff. Issues have arisen due to the actions of elected officials that have brought shame to the CRA and the City. Mr. Buchanan and Mr. Karageorge were vetted in 2010 and 2011 and selected by the Commission unanimously. Mr. Buchanan has been reappointed twice. Mr. Hay filled Mr. Karageorge's unexpired term when he resigned. Mr. Hay had served 10 years on the Planning and Development Board and on the Commission as a Commissioner, Mayor, Vice Mayor and CRA Chair. Both have performed exceptionally and done what is right for the CRA and the City. Removing them from the Board is wrong and not fair. He urged the Commission to reconsider their decision. Barbara Ready, 329 SW 13 Avenue, does not reside in the CRA area; however, she has served on several committees relating to the area and attended many meetings because the CRA is part of the City she cares about. She has been a volunteer for over 30 years in various organizations and groups when the City valued its volunteers. When the Commission sits as the CRA Board each member becomes a volunteer with 19 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL 20 OCTOBER 6, 2015 each having the same single vote power as the other. The two citizen volunteers enable the residents to have enhanced opportunities for their concerns. Ms. Ready was concerned that recent impulsive decisions do not reflect the desires of the citizens the Commission represents. It could result in developers and investors losing trust in the City of Boynton Beach. She asked the Commission to retain the two citizen members of the CRA Board. The advisory board for the CRA was a good suggestion, but should be in addition to the two citizen board members. Dr. James DeVoursney, 2625 Lake Drive North, a homeowner in the CRA since 2009, had seen many positive things happen along the CRA corridor, especially within the last two years. The CRA and City has worked together as best they can, but there seems to be a sense of urgency to change the structure of the Board. Dr. DeVoursney had submitted an application for appointment at the expiration of Mr. Hay's appointment and was nominated by Vice Mayor Casello. The right decision was made with Mr. Hay and the continued appointment of Mr. Buchanan. There is a perception that there is transparency afforded to the citizens by having citizens serve on the CRA board as volunteers. Another perception is that the citizens of Boynton Beach do not possess the advanced cognitive functioning required to help on volunteer boards. There is also a perception that political motivation is at play. Without transparency, perception becomes reality. He was confident the elected public officials would do what is best for the City, whether it is a popular decision or not. If the rationale for excluding citizens on the CRA board is elected officials are best suited to oversee tax dollar expenditures, then why not interview all the candidates that applied to see if others are more qualified. Brian Edward, 629 NE 9 Avenue, thanked Woodrow Hay and Buck Buchanan for their service to the City. If the desire is to remove an individual from the board it should be through a process to replace them. After years and years of fighting for an independent CRA and having to compromise with only two citizen board members, it would be a shame. The majority, minority community in the City is the CRA. The fastest growing piece of the town is in District II, minority majority and even the crime rates, made him proud to have representation on the Board from District II beyond the City Commission. Many accomplishments have taken place in the CRA for District II. The demographics of District II cannot be ignored. All of those individuals speaking about the CRA are white, except for one individual. There needs to be minority representation for the issue because it is that important. Someone beyond the Commission was fought for and why. It is about the ethics and oversight by the citizens on the CRA Board and two independent members should be on the CRA Board. Pastor Richard Dames, 7284 West Boynton Beach Boulevard, was born and raised in District II. It used to be called Cherry Hill. Once again there is a dark cloud hanging over the City. District II is on life support. Many of those who live in District II are sick and tired and tired of being sick of no progress happening in District II. There is a new playground installed. There are a few new homes. Businesses are needed. He MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 desired an independent CRA Board comprised of five or seven members. There is a perception that District II residents do not trust the Commission and obviously the Commission does not trust one another. If the City does not come together, it will continue to be divided and fall. The City needs to move forward. Ray Whitely, represented the ministry of 500 Gulfstream Boulevard, Healing Hands Ministry, speaking for himself, recognized the decision making for the City is not easy. His group prays to give the Commission the wisdom of King Solomon and the strength of David to do what is best. He would continue to pray for the elected officials of the City of Boynton Beach. Bernard Wright, 713 NW 2 Street, was concerned with District 11 and felt nothing much has been done in the area. The Hester Park is great. Seacrest is a main thoroughfare, but there is insufficient lighting on Martin Luther King Boulevard. There are no businesses and the residents are not involved. There are pot holes and insufficient lighting around the parks, no benches, no water coolers. Mr. Livergood has added improvements, but there are other issues that require citizen intervention to get resolved. There were lines hanging from the electric poles for years. The leadership of the community has not done anything. The citizens need to be on the CRA Board because the main focus is the redevelopment of the Heart of Boynton Beach and any decision should have citizen input. The Commission, as the CRA Board, creates a conflict of interest. He felt an advisory committee would be appropriate. Margaret Newton, 701 NW 4 Street, as an American citizen, was unhappy with the many freedoms taken away from her. She wanted the Commission to understand her freedoms were important and representation by the citizenship is very important. Ms. Newton wanted the citizens to remain on the board. Sunny Garcia, 1631 NW 3rd Lane, recalled when people are asked to sign up for the CRA, people seldom show up. He agreed with Vice Mayor Casello and Commissioner McCray, but the Commission is elected officials who should make the decisions. If you cannot make a decision, Mr. Garcia contended the Commission should then step down. Herb Suss, 1711 Woodfern Drive, stressed Woodrow Hay had served the City in many areas and Mr. Buchanan had worked hard as a volunteer. Mr. Suss has served on many boards and a volunteer for many projects. He urged the Commission to listen to the public and not remove the two citizen board members. It would be a disgrace to the citizens and disrespectful to all those who have come forward. Dr. Piotr Blass, 113 W. Tara Lakes Drive, was proud to be part of Boynton Beach because the City has a heart. Removing Woodrow Hay, in his opinion, would be totally absurd because he is the conscience of the City. Dr. Blass felt the two citizen members should be restored and an apology offered. There is a difficult area that needs to be 21 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL improved. He suggested the membership on the board be increased to 11 members including people from the Heart of Boynton. Jonathan Porges, President and CEO of the Greater Boynton Beach Chamber of Commerce, offered a prepared statement that supports a strong, independent Community Redevelopment Agency Board. It would be best for the development community. While working toward that goal, a hybrid board made up of the elected Commission and two appointed members should remain in place for stability while striving for a fully independent board. No one else coming forward, Mayor Taylor closed public comment. OCTOBER 6, 2015 Commissioner McCray listened to the public and indicated he voted to put Woodrow Hay on the CRA Board as a fill -in. He immediately received public opinion against his action. Commissioner McCray advised he lives on the west side of the tracks and appreciates INCA. When there was a vote to take Mr. Hay off the board, he immediately received feedback that it was the best decision that could be made. Those remarks were from his fellow African - Americans. He listened to what everybody says and he represents a diverse group of people. He attends St. John Missionary Baptist Church and parishioners advised him not to do it again. Commissioner Fitzpatrick had three points. He liked the two citizen board members as a way to get outside expertise and as good training ground for civic participation. If the two citizen members are removed, it would add support to his feeling the CRA spending is skewed to buy land high and give it away. Commissioner McCray is the strongest proponent for Heart of Boynton projects and fully supported by Board Members Hay and Buchanan. Their removal would sway the support closer to Commissioner Fitzpatrick's idea of fiscal responsibility. If the hybrid system survives, he agreed with the concept, as long as the members have term limits and the selection process should be more transparent. Vice Mayor Casello heard more voices and participation. His proposal included expanding, in an advisory capacity, with a CRA Advisory Board having five or seven members, with equal input. The politics should be removed. The system is political and it is not an easy decision. The original appointed members have been recycled. Other names were proposed that were not supported. Different views and insights just do not happen. The elected officials have term limits. Vice Mayor Casello wanted to make the board more diverse and get more people involved with the politics removed. If people are concerned about District II, they will volunteer and put honest effort into their decisions. The elected officials will listen. He stood by his original motion with an amendment to add an advisory board with the number to be determined. Commissioner Merker contended what was being said was a contradiction. He wanted a five - member board with independent citizens, the Mayor and a Commissioner on the 22 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL OCTOBER 6, 2015 board. Commissioner Merker argued the issue was not handled properly at the last meeting when there should have been discussion to have an independent board. To dismantle Woodrow Hay and Buck Buchanan is a disgrace to the City and should not have been brought up as an issue. He hoped the discussion would start over and the people told the entire truth. Mayor Taylor commented on citizen involvement that is extremely important. Contrary to the prior comments, there are at least 12 boards and eight openings on the boards without applicants. He appreciated the boards, read the minutes and listened to the citizen input. The Financial Advisory Committee was dissolved because it was a duplication of staff's efforts. The Cemetery Board was dissolved because the Cemetery is sold out. The Code Compliance cases are now processed using a Special Magistrate making it much more efficient for the City. The board members were urged to apply for other board openings. As far as Woodrow Hay and Buck Buchanan, they were Mayor Taylor's close friends and did incredible work with fantastic input and judgment. Decisions have to be made on what is best for the community and not the individuals sitting on the board. The last meeting discussion related to changing the board to the five elected officials and do away with the two citizen volunteers. The current request is to keep the CRA board as the five Commissioners, but create a citizen board of five or seven members with their input going to the CRA Board. Many who have spoken would do well on the advisory board for the CRA. It may even be a pre- cursor to an entirely independent board. Mayor Taylor felt it was a big decision and the City needs to continue to move forward. With more citizen input the decisions may be even better for the community. Motion Vice Mayor Casello recapped the original motion was to eliminate the two board members and amend it to form an independent CRA advisory board, a number to be determined at some point. Commissioner McCray seconded the motion. Commissioner Merker argued the intent of the motion would reduce the citizenship brain. It in essence allows the current board to re- evaluate the citizens to serve on the board and it is a disgrace. The CRA Board should be kept independent with willing volunteers. The proposed advisory board is an escape, a means of keeping political power. Commissioner Fitzpatrick wanted clarification if the motion had anything to do with the resolution and if it does, additional language would be needed. Attorney Cherof advised it should be two motions. One would be related to the resolution referring to the 23 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL removal of the two appointees and back to the five - member Commission. The second motion would be to form an advisory board to the CRA to be returned to the Commission for the appointments. Mayor Taylor summarized the first motion would be to approve the Proposed Resolution No. R15 -128 designating the Commissioners as the sole members of the five - member CRA Board. Motion Vice Mayor Casello so moved. Commissioner McCray seconded the motion. Vote The motion passed 3 -2 (Commissioners Merker and Fitzpatrick dissenting). Motion Vice Mayor Casello moved to form an advisory board to direct the CRA. The number would be either five or seven members as an independent advisory board. Commissioner McCray seconded the motion. There was agreement to change the motion to seven members. Vote The motion passed 4 -1 (Commissioner Merker dissenting). 24 OCTOBER 6, 2015 Commissioner Merker was opposed because it weakened the volunteer citizenry of the City of Boynton Beach. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:04 p.m. (Continued on next page.) MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FL ATTEST: ith A. Pyle, CM Deputy City Clerk 25 CIT OF O F B T O N B E A C H BEACH Taylor, M OCTOBER 6, 2015 David T. Me k- ,Commis - oner Michael M. Fitzpatrick, Com , ssioner Stop a Vote by the Palm Beach County Commissioners to Sell the Agricultural Reserve to the Developers Join the Climate Action Coalition (*) and All Concerned Citizens to Speak Out Against the Destruction of Palm Beach County's Agricultural Reserve on: Monday, October 26, 2015, 9:30 a.m. at the County Commissioners'Ag Reserve Public Hearing Palm Beach County Government Center, 6th Floor 301 N Olive Ave. West Palm Beach, FL A large part of the Ag Reserve was paid for by taxpayer dollars, is the most productive vegetable farmland east of the Mississippi, can lessen climate change impacts, provides open space for water storage and enhances our national food security. Come to this County Commissioners' Public Hearing and tell the Commissioners that we need to protect the Agricultural Reserve in Palm Beach County for the future of this county and region. sr _ Ka The Ag Reserve benefits everyone What the developers are doing on this vital land (*)The Climate Action Coalition (CAC)of South Florida is a grassroots,non-partisan coalition including such organizations as the Audubon Society of the Everglades, Sierra Club Loxahatchee Group,Arthur R. Marshall Foundation,Unitarian Universalists Fellowship of Boca Raton, US Green Building Council (USGBC) South Florida Chapter, Artists for Climate Action,League of Women Voters of Palm Beach County, MoveOn Council of South Palm Beach/Broward County,Organizing for Action of Palm Beach County and the Treasure Coast, and many more. CAC supports the Southeast Florida Regional Climate Change Compact,the Compact's Regional Climate Action Plan and the Federal Administration's Climate Action Plan.