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Minutes 03-01-16l PRESENT MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, MARCH 1, 2016, AT 5:00 P.M. Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner ABSENT: David T. Merker, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation Commissioner McCray gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Mayor Taylor called the meeting to order at 5:00 p.m. and announced the closed -door session. Interim City Clerk Pyle called the roll. All members, except for Commissioner Merker, were present. James Cherof, City Attorney, announced he, the City Commissioners, the City Manager, Special Counsel Lyman Reynolds, and Assistant City Attorney Tracy DeCarlo would attend the closed -door session which he read as noted below. He anticipated the session would last an hour. At 6:30, the closed -door session will be concluded and the regular City Commission meeting will begin. CLOSED DOOR SESSION to be held on March 1, 2016 at 5 p.m. for a private attorney - client session to discuss pending litigation in the case of THOMAS JONES, Plaintiff vs. CITY OF BOYNTON BEACH, MATTHEW IMMLER, PAUL DEALE, FRANK BRIGANTI, RICHARD MCNEVIN and EVELYN MCCOY, Defendants — United States District Court, Southern District of Florida, Case No. 9:15 -CV- 81297 -DMM Mayor Taylor recessed the meeting for the closed -door session at 5:03 p.m. Mayor Taylor reconvened the meeting at 6:30 p.m. The closed -door session had ended and the regular City Commission meeting was called to order. It was noted Commissioner Merker was present. Meeting Minutes City Commission Boynton Beach, Florida Pledge of Allegiance to the Flag led by Commissioner Merker Commissioner Merker led the Pledge of Allegiance to the Flag. Interim City Clerk Pyle called the roll. All members were present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion March 1, 2016 Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray invited all to the Bible Church of God event on Sunday, March 6th at 2 p.m. for a "March to the Polls." Attendees will march from the Church to the Ezell Hester Community Center. Last week, he attended the Community Neighborhood Policing Program meeting. He requested Officers Paramore and Diehl come forward. Commissioner McCray advised it was a productive meeting, although attendance was low. He commented it only takes a few people to get things done. Commissioner Merker commented this meeting may be his last representing the citizens. He personally thanked the City employees who have helped him, advised him and been there for him. He mentioned the City's residents are very lucky to have such City employees helping them and representing the City. Vice Mayor Casello announced the Community Caring Center (CCC) Hunger Walk on Saturday at 8:30 a.m. The event is a two -mile walk to the beach and back a few times. He noted the CCC does great work in the community and it is their annual fundraiser. He will also be hosting a Smart Water Seminar with Officer Rita Swan, held at Fire Station No. 3 on March 19 from 9:00 a.m. to 10:30 a.m. Officer Swan will explain the value of the Smart Water program. He also attended: 2 Meeting Minutes City Commission Boynton Beach, Florida • The City Managers and Mayors meeting regarding the one cent sales tax proposal that may be on the ballot. • An informal meeting with Representative Bill Hager discussing sober homes and issues facing communities. • The Carolyn Sims Center with Chief Katz for the Neighborhood Community Policing program. • The Palm Beach County League of Cities Executive Board. • The Boynton Intracoastal Group (BIG) Candidates Forum held in conjunction with the League of Women Voters. • The East Boynton Little League Opening Day on Saturday. He noted the Fire Department sponsors four teams and normally conducts the color guard opening ceremonies. This year there was a miscommunication and Chief Katz was able to assemble his color guards to attend instead. He commended Chief Katz for his assistance. • The Police K -9 Competition that started the same day. • Freedom Shores Elementary School to read Dr. Seuss' Birthday to first grade students. Commissioner Fitzpatrick attended: 27 Mayor Taylor attended: March 1, 2016 • Music on the Rocks on Saturday. • Representative Hager's Coffee regarding sober homes, which County Commissioner Steve Abrams had attended. • The second District III Sober Home Task Force meeting held on February 22 • The Little League Opening on the 27 • The First Methodist Church 111 Anniversary Church Supper the evening of the • A ribbon - cutting ceremony for Inspire Chiropractic's new office on South Congress Avenue. • The Kiwanis Luncheon on February 20 where police officers serve as waiters and the money raised goes for tuition assistance for Boynton students to attend college. • The Citizens on Patrol (COP) meeting on the 23 at Sterling Village, commenting the COP program is one of the best volunteer programs they have in the City. • He chaired the General Employees Board this past week. • Attended the League of Cities meeting. • The K -9 Competition on Saturday. • The Firefighters' Award Banquet at Bethesda Hospital. • Freedom Shores Elementary School to read to students on March 2, 2016. 3 Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Mayor Taylor announced the upcoming election for the City of Boynton Beach Mayor -at- Large and District III Commission seat will be held on March 15 from 7 a.m. to 7 p.m. There are 42 voting locations throughout the City. A flyer lists the precinct polling locations. He also announced early voting will take place from March 5 through March 13 at Ezell Hester from 10 a.m. to 6 p.m. Flyers in English, Spanish and Creole listing the voting locations were available in the back of the room. A. The second Commission meeting in March has been rescheduled to Wednesday, March 16, 2016 at 6:30pm in the Commission Chambers due to the election on Tuesday, March 15, 2016. A flyer with the listing of voting locations is located on the table in the back of the Commission Chambers. Mayor Taylor announced the City Commission meeting date change from March 15 to March l 6 tri at 6:30 p.m. to accommodate the election. B. Proclaim the month of March 2016 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. Mayor Taylor read the Proclamation extolling firefighters assisting the Muscular Dystrophy Association for 61 years. Florida firefighters have collected more than $1.2 million in 300 communities including Boynton Beach Fire /Rescue Local 1891 who raised more than $31,000 during the 2015 Fill the Boot Campaign, making them the MDA's largest source of funding. Jeaneece Washington thanked the City Commission for the proclamation and Boynton Beach for their continuing efforts each year to support the MDA. She commented they serve 1,600 families in South Florida and the money raised by firefighters is used locally. She thanked Interim Fire Chief Hoggatt for endorsing the effort. C. Announcing the Let's Move Physical Activity Challenge from March 1, 2016 - March 31, 2016. The Boynton Beach community is encouraged to log their time of sustained physical activity of at least 30 minutes at: CBS12.com \LetsMove. Julie Oldbury, Director Human Resources and Risk Management, reviewed the Let's Move Challenge is based on First Lady Obama's initiative to raise a healthier generation of children. Last year, the City of Boynton Beach came in second place in Palm Beach County, logging over 360,000 minutes. She urged all in the community to participate in the campaign which started March 1 through March 31 To participate complete 30 minutes of physical activity and log the time at CBS12.com \LetsMove 4. PUBLIC AUDIENCE 4 Meeting Minutes City Commission Boynton Beach, Florida 5 March 1, 2016 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) Tom McClure, 2004 South Federal Highway, President of Boynton Coalition for Responsible Development, explained the Coalition is a citizen advocacy group to promote responsible development. They have over 3,600 members and half the members are registered Boynton voters. He invited the Commissioners to a meeting to discuss the Riverwalk development and sought to work with the City and the developer to ensure the development meets the goals and objectives of all the parties. Butch Bouni, 450 Horizons East, Sterling Village, commented Sterling Village has 840 units on 43 acres on Federal Highway. The traffic, especially in season, is a major concern. He thought high- density housing, such as the Riverwalk project, would increase traffic and pointed out it is in a node that does not allow any alterations to Woolbright and Federal Highway. He noted Boynton Beach is America's Gateway to the Gulfstream and cautioned they should not be known as the traffic jam through America's Gateway to the Gulfstream. Peter Geraci, 29 Colonial Club, explained he and his wife had been long -time seasonal residents and full -time residents for seven years. He is a Captain with the Citizens on �► Patrol (COP) program for the last two years. Neighborhood Watch volunteers drive the COP vehicle from community to community along Federal Highway. They exit and enter Federal Highway a minimum of 32 times per two -hour shift. He commented Federal Highway is always busy and adding a 10 -story apartment building with 326 units and over 600 parking spaces would guarantee accidents would increase. It was his understanding the intersection of the proposed site experienced a 78% increase in traffic accidents since 2012. Traffic delays will impact crime reduction and the widening of the 1 -95 interchange would create a bottleneck because they would not widen anything east of the Interchange. He thought it would be a catastrophe. Buck Buchanan, 807 Ocean Inlet Drive, commented the citizens are not confident their community's interests will be of paramount concern to the City. He thought the City Commission could take three actions to improve their confidence: 1. Bring back the Independent CRA Board; 2. Bring back approval of projects within the CRA District to the CRA Board which will incorporate the CRA Design Guidelines which are more stringent than those in the overlay; and 3. Establish a procedure for the City Commission to follow regarding how they would approve instituting the overlay zoning. He thought they should start with a project that was compatible in terms of traffic and increased rail service. The City Commission should state what is acceptable to them and lay out the criteria for the developer, so the citizens will have confidence in the decision the City Commission will make. Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 Harry Woodworth, President of Inlet Communities Association, commented INCA supports development so long as it is consistent with the community's goals, lifestyles and adjacent neighborhoods. He noted there were 132 staff comments and one comment pointed out the building was 30 -feet taller than the allowable 75 feet. Mr. Woodworth inquired why a proposed project that was above the height limits would be considered. He inquired how a resident could find out what the rules are because variances have occurred and asserted the rules have changed. He did not believe there was an objective review process for residents. There was no longer an independent CRA Board with voting citizens and the CRA and City Commission were the same. He noted the Planning and Development Board was headed by a registered lobbyist who was a friend of the Mayor and contended the staff reports are ignored. He asked the City Commission to review the project keeping the concerns of the citizens in mind. Kristin DeHaseth, Executive Director of the non - profit Florida Coalition for Preservation, 4600 N. Ocean Boulevard, commented their mission is to promote responsible development and preserve the quality of life in coastal communities by ensuring that citizens have a voice in large -scale projects. She noted the Delray Beach Atlantic Crossing project has not started construction and the Coalition has worked with Delray residents since 2009. Atlantic Crossing was similar to Riverwalk. The citizen group raised funds for an independent traffic study, filed two lawsuits, one which is pending, appealed advisory committee approvals and pointed out when Commissioners should recuse themselves due to taking funds from the developer. Ms. DeHaseth commented redevelopment could benefit all, and cautioned the City Commission did not want an Atlantic Crossings on their hands. Steve Grant, Mayoral candidate, stated for the record he wants Boynton Beach to be a family - friendly Intracoastal community and that future development should be low to medium density. He noted there was plenty of vacant space and questioned why developers were not interested in the other areas. He thought more residential and commercial building would increase traffic. The City has school buses that are not used 90% of the time and he hoped the City would initiate a circulator program to alleviate the traffic for citizens. Mr. Grant had attended the Library Board meeting and commented the 3 -D printer was not available to the residents. He requested the City Commission provide additional funding so citizens could use the technology. He advised the Neighborhood Policing Program meeting was not well attended. He hoped the next meeting would be advertised with the water bill as would the calendar, because there is much occurring in the City and it was a good way to alert residents to the activities. Mr. Grant spoke with some businesses and was advised they have to pay to recycle and thought the Ordinance should be changed so it is free for businesses to recycle in the City. He attended the Boynton Woman's Club Cococabana Night and commented it 6 1 1 1 Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 was a great event. Last weekend he attended Temple Beth Kodesh and the Hope Missionary Baptist Church. He attended the K -9 Competition and announced Poinciana School won the State Lego Competition and needed funds to go to St. Louis for the national competition and Spain for the international competition. Victor Norfus, 261 N. Palm Drive, spoke about the early African - American named Avenues and Streets. He advised Lincoln, Central and Washington Avenues were named after the Meeks Family. Al and Ellen Meeks were born and enslaved in 1859 in Tallahassee. They married and moved to Boynton Beach in 1894 with their four sons Edgar, Oscar, Ellis and George who was born in 1900. Edgar was named after President Lincoln's son. Oscar and Ellis were named after Al's brothers, and George was named after President George Washington. The Meeks worked on the railroad and their famiiy farm. They lived on Railroad Avenue when they first moved. Ed Meeks had a home on 11 which was Lincoln Avenue. Oscar and Ellis lived on Central and Ellen and Al lived on Washington. Ed was active in the City and in 1924, he had Central Avenue, in the Meeks Subdivision, paved. He also had Lincoln Avenue and Washington Avenue paved and petitioned for the road going to the Robert's property to be paved. Thirteenth Avenue did not exist until the 1930s, and it was paved by Mr. Murph whose house still stands. Mr. Murph paved from the railroad tracks to his home. Later he built a home behind what used to be St. John Missionary Baptist Church and he paved the road from his house to Railroad Avenue to the current St. John Missionary Baptist Church. The canal bank was an actual street where Thompson, who founded St. Cuthbert's lived, and where Sara Sims, who founded St. John Missionary Baptist Church lived. Dr. Piotr Blass, 113 W. Tara Lake Drive, Mayoral candidate, liked learning about the history of the area. He noted Mr. Linton was from Port Huron and proposed when he becomes Mayor, Port Huron will be a Sister City with Boynton Beach and the City would have a stronger relationship with the Bahamas. Dr. Blass commented the University of Boynton would have a strong department of African and Caribbean studies. The City should recognize the deep culture that is present in the City. He recommended visiting the Swami and Gandhi communities next to Publix on Federal Highway and the University of Boynton will have an ashram to celebrate their tradition. He commented when he is elected the limit on height will be four stories. The Old High School will be preserved, but he pointed out it will be a 24 -story mixed -use building, including a University, rental apartments, hotel and the building will bring income to the City. He estimates the value of the building will be $100 million, and it will be built through a public /private partnership. No one else coming forward, Mayor Taylor closed Public Audience. Mayor Taylor responded to comments made regarding Riverwalk. When the developer met with staff regarding the proposal, the developer explained what he wanted to do in the area. Staff took notes and advised there were items of concern that would have to 7 Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 be addressed. One concern was height. He explained a developer could propose any idea, but staff advises what is allowed. He offered to contact the developer to set up a meeting to discuss the project and share concerns. Other organizations could attend. Mayor Taylor also responded to a comment made about the Chair of the Planning and Development Board being his friend. He explained he has been Mayor for 13 years and he thinks every Chair of the Planning and Development Board was his friend as he has worked with all of them and staff. Commissioner Merker indicated he attended the meeting and listened to several speakers. To have true representation, there should be an independent CRA Board, not a dual member board. He thought the CRA Advisory Board was bogus because the Board did not have a final vote. The issue would come back to the City Commission for a vote. Mayor Taylor commented the City Commission is the CRA Board. They have a CRA Advisory Board that advises the CRA Board. They had an independent board in the past, there were problems and the Board was abolished. He did not oppose trying an independent board again. He clarified any insinuation that he does not mean what he says was incorrect. Mayor Taylor put it on record that he stands by his promises and keeps them. Commissioner Merker disagreed. Vice Mayor Casello agreed they removed the citizen members from the CRA Board and in return seven citizens serve on the Advisory Board. He did not think the Board was "bogus" and thought the Advisory Board should be given a chance. He thought the Advisory Board would have great suggestions that will be considered. They will not agree on everything and anyone who called the CRA Advisory Board bogus before they had their first meeting was way off base. They could always make adjustments, but the Advisory Board had to be given the opportunity to work. Commission Merker responded if what Advisory Board's say is not a vote, it was no good. The contradiction was the Mayor would change the Board again and asserted the Mayor has never supported an independent board. Doing so now was for a vote Vice Mayor Casello commented if using Commissioner Merker's premise, than each Advisory board the City has would be bogus. Commissioner McCray pointed out he had served on the City Commission when there was an independent CRA Board as did Mayor Taylor. He commented there was no truth to Commissioner Merker's comments. If the Board wants an independent Advisory Board, it could be reinstituted. When the current CRA Advisory Board was formed, the Commissioners had the chance to vote for individuals who were appropriate. 8 Meeting Minutes City Commission Boynton Beach, Florida Commissioner Merker disagreed because the City Commission has the final vote. They had a former Mayor, Commissioner and a citizen who was replaced, and he did not know why. He contended Advisory Boards make recommendations. It is not a vote. Commissioner Fitzpatrick advised he voted to keep two independent Board members on the CRA. As to the Riverwalk project, the Executive Director of the Florida Coalition for Preservation spoke about how Atlantic Crossing ended up in a lawsuit and thought he should not make any comment at this time. 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 and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Page 3 of 305 Education and Youth Advisory Bd.: 1 Stu NN Library Bd.: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 2 Alts There were no applicants for appointment. 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. R16 -035 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R16 -036 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Louise and Robert Rubino for the property at 3576 Barkis Avenue, Boynton Beach, FL 33436. C. PROPOSED RESOLUTION R16 -037 - Approve a Subordination Agreement allowing for a subordination of the City's mortgage for James and Karen Hannigan of 2389 S.W. 13th Way, Boynton Beach, Florida, 33426, and authorizing the City Manager to sign the Subordination Agreement. 9 March 1, 2016 Meeting Minutes City Commission Boynton Beach, Florida D. PROPOSED RESOLUTION NO. R16 -038 - Authorize the acceptance of the $300,000 in financial assistance pursuant to line item 1662A of the FY2015/2016 General Appropriations Act and authorize the City Manager to execute all documents associated with the grant award agreement #S0853 from the Florida Department of Environmental Protection, Division of Water Restoration Assistance. E. PROPOSED RESOLUTION NO. R16 - 039 - Authorize the City Manager to sign a three -year master agreement for the Platinum Premier Service Agreement with ThyssenKrupp Elevator for elevator annual inspections and service /repairs in all eight (8) City facilities upon City Attorney review and approval. The agreement is based on the TCPN Contract #5042 and has an annual cost the first year of $26,988.12. F. Approve the one -year extension for RFPs /Bids and/ or piggy -backs for the procurement of services and /or commodities as described in the written report for March 1, 2016 - "Request for Extensions and /or Piggy- backs ". G. Approve the minutes from the Regular City Commission meeting held on February 16, 2016. 7. BIDS AND PURCHASES OVER $100,000 Mayor Taylor reviewed Proposed Resolution R16 - 040. Motion 10 March 1, 2016 A. PROPOSED RESOLUTION NO. R16 -040 - Authorize the City Manager to sign required documents upon City Attorney review and approval to purchase and finance Motorola P25 radios with Motorola /Motorola Solutions, Inc. Cost of radios $1,928,454 utilizing State of Florida Contract #725 - 500 -12 -1 , cost of system $416,822, total amount to be financed $2,345,276. Commissioner McCray moved to approve. Commissioner Merker seconded the motion. Vice Mayor Casello asked if this item was for both the Police and Fire Departments and learned it was. The breakdown in cost was $416,000 for the turnkey system for the entire City. The radio cost was $1.3 million for Police radios, $422,000 for Fire, $50,000 for non - public safety and the consulate control station was another $30,000 to $40,000. The item was time sensitive. Vice Mayor Casello thought the City missed an opportunity by not having a discussion about using County Dispatch and commented it would save the City Taxpayers $422,000. He expressed his disappointment and mentioned the $422,000 could have been used elsewhere. Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 Commissioner Fitzpatrick was concerned about Motorola and was not in favor of a monopoly. He wanted to know if the Police or Fire Department had researched the issue and determined Motorola was the best vendor for the City as he heard there were issues with radio wave penetration. Interim Fire Chief Hoggatt explained prior to his employment with the City, the Orlando Fire Department had researched and refined the system for several years. They worked exclusively with Motorola and had radio engineers from their headquarters optimize the radios the way they needed to be set to work. Many Fire Departments had issues with the P25 radio systems, but Orlando employees and firefighters sat with Motorola to refine the system into what they feel is one of the best on the market for daily use by public safety personnel. Motorola was the leader when the P25 system came out. If they use another vendor with the P25 system, they will lose mutual aid capabilities with County Fire and Police until they are up and running. If they stay with the Motorola radio, they can work the two systems together. Interim Fire Chief Hoggatt had concerns about not using Motorola, mostly due to the time sensitivity. Commissioner Fitzpatrick was familiar with the dispatch center for Police and Fire and inquired how Utilities and other departments were dispatched. Interim Fire Chief Hoggatt explained by having their own system, certain channels would be dedicated to public safety, and channels dedicated to local government, including Parks and Recreation, lifeguards, Public Works and others. There was only one true dispatch center. Public Works has a supervisor and a base station in their office, so the head of Public Works or a designated person would communicate with the workers in the field as needed. Commissioner Fitzpatrick noted there were five groups that would get radios. The individual departments would determine which employees would receive radios based on what they presented to Finance and whether it is a portable or mobile radio. The Fire Department needed mobile units for each vehicle and every firefighter on duty will have a radio. Commissioner Fitzpatrick asked if Public Works would be able to communicate the day after a hurricane with a secondary system. Jeff Livergood, Director of Public Works and Engineering explained Public Works will have six portables to communicate with staff and with the Emergency Operations Center (EOC.) They are looking at a cellular system rather than equipping vehicles with $2,500 radios, and want a cellular system similar to what the Utilities Department has. They do not have the same intensity of need that Police and Fire do, and he believed they could use other methods, but they would be able to communicate to their workers in the field and direct them where they needed to go based on direction from the EOC 11 Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 Vice Mayor Casello asked what other companies the Orlando Fire Department negotiated with other than Motorola. Interim Fire Chief Hoggatt replied the Orlando Fire Department's decision was based on the recommendations of the Police Department and the Radio Communications Manager. They went through the procurement process, chose to stay with Motorola and expand the radios to their full capability. Chief Hoggatt participated in the upgrade to the P25 system, but he was not involved in negotiations regarding Boynton's system. It was between the County indicating the upgrade was required and whether the City wanted to participate on a portion of the backbone of the system the County was going to use. The City Commission ultimately decides what system to use. Vice Mayor Casello asked if anyone asked what the County could afford to pay for the radios. City Manager LaVerriere responded they had not because they did not have direction from the City Commission to pursue it. This was a bid project from the County which the City was piggy backing on and they partnered with through Interlocal Agreements. It went through a competitive process and other vendors responded. Through the review and participation with the Interlocal Agreement, the City was following the County and staying on the Motorola system. Vice Mayor Casello thought there should have been other ideas or suggestions discussed that could save taxpayers money. Commissioner Fitzpatrick inquired what the lifespan of the radios would be and learned it could range seven to 15 years. It was Interim Fire Chief Hoggatt's experience that with every day use, the radios lasted about seven years before experiencing repair and maintenance issues. Tim Howard, Finance Director, explained he thought seven years was a reasonable amount of time to finance the purchase. There will be a small percentage of radios that will be lost, and he pointed out there is a cash option. Commissioner McCray commented when this item came before them years ago, the City Commission knew it would be a large capital improvement item. Vote The motion passed 4 - (Vice Mayor Casello dissenting.) B. Approve award of the Bid for "A Two Year Bid to Furnish and Install Emergency Equipment for Law Enforcement Vehicles ", Bid No. 020 - 2110- 16 /JMA, to Law Enforcement Supply of Coconut Creek, FL as Primary Vendor and to Strobes -R -Us Inc. of Pompano Beach, FL as the Secondary Vendor. This bid is to be used on an "As Needed" Basis. Estimated expenditure for emergency equipment for 49 Police Vehicles this fiscal year is $315,842. 12 Meeting Minutes City Commission Boynton Beach, Florida Motion March 1, 2016 Commissioner Fitzpatrick moved to approve. Commissioner Merker 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 12. NEW BUSINESS A. Status update on proposed one -penny infrastructure sales surtax that is currently being considered by the PBC School District, PBC Government and the PBC Cultural Council. Lori LaVerriere, City Manager, explained this item has been discussed between the County and the School District. The City's Infrastructure backlogs are significant due to the economic downturn and lack of funding over the past few years. The County and County School District tried to collaborate and work together on an initiative and have one ballot item, seeking a one -cent infrastructure surtax. The Cultural Council, who listed 24 projects, was currently part of the initiative which was for a 10 -year sales tax increase. After that, the tax would sunset. There is a requirement in the Statute that when the County levies a sales tax, the cities automatically receive a portion of it. The breakdown would be 48 cents on the dollar for the School District, 28.5 cents on the dollar to the County, 18.5 cents to the City and five cents on the dollar to the Cultural Council. If approved by the County Commission, they would adopt an Ordinance and put it on the ballot in November. The tax is for infrastructure and economic development. 13 Meeting Minutes City Commission Boynton Beach, Florida March 1, 2016 Each year, the City adopts a Capital Improvement Program budget and the City has $8 million worth of projects scheduled which the City cannot fund which they forwarded to the County for review. Ms. LaVerriere wanted the City Commission to be aware of the list and announced if the tax is adopted as proposed, it would generate about $3.9 million a year. She pointed out while she and Mr. Livergood were assembling the list, they learned the Capital Improvement Program matched up almost perfectly with the revenues they would receive from the tax, averaged over 10 years, fully funding the Capital Improvement Program. If the Cultural Council is not part of the initiative, the distribution would change and the City would receive higher revenues. Vice Mayor Casello was concerned the list could change if there were an emergency or unforeseen circumstance and the funds diverted to address those needs. Ms. LaVerriere explained that issue was discussed and it would be addressed in the ballot language. Ms. LaVerriere recommended the City Commission dedicate the funds to the Capital Improvement Program. Mayor Taylor commented he is a member of the League of Cities and they had discussed the matter. The League of Cities was nearly unanimous approving the cities infrastructure portion of the initiative, but there were concerns regarding allowing the Cultural Council to participate. The Cultural Council's position is they would help bring in more revenue to the cities and they would actively promote the initiative to the public that has to pass it in November. There was consensus the County should move forward with the initiative. It was anticipated the County would circulate a standard resolution for the cities to consider, or at least an Interlocal Agreement that would need to be approved to bring the initiative to fruition. Motion Commissioner McCray moved to draft a letter to the County indicating the City was in favor of the initiative. Vice Mayor Casello seconded the motion. Commissioner Fitzpatrick thought there was not enough information and thought the tax could be skewed towards the poor and middle class paying a higher percentage. He also did not favor the Cultural Council's participation. Ms. LaVerriere clarified the City Commission did not need to issue a letter and she offered to have the County make a presentation. B. Create "Honorary Robert E. Wells Avenue" on Martin Luther King Jr. Boulevard from Federal Highway to Seacrest Boulevard. (TABLED on 2/16/16) 14 Meeting Minutes City Commission Boynton Beach, Florida 13. LEGAL A. PROPOSED ORDINANCE NO. 16 -004 - SECOND READING - PUBLIC HEARING - Approving a request for abandonment of a portion of a ten (10) foot wide utility easement at the rear of the residence in order to construct a private swimming pool, located at 2731 SW 23rd Cranbrook Drive and zoned PUD (Planned Unit Development). Applicant: Shawn Lago, homeowner. Attorney Cherof read Proposed Ordinance No. 16 -004 by title only on second reading. Mayor Taylor opened the public hearing. No one came forward. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion. Vote Interim City Clerk Pyle called the roll. The vote was 5 -0. Motion 15 March 1, 2016 B. PROPOSED ORDINANCE NO. 16 -005 - SECOND READING - PUBLIC HEARING - Approve and authorize Ordinance creating Part II, Chapter 26, Article I, Section 26 -7 and Chapter 10, Article II, Section 10 -33 of the Code to facilitate creation of liens for unpaid balances and recording of such liens for unpaid balances for utility and refuse accounts. Attorney Cherof read Proposed Ordinance No. 16 -005 by title only on second reading. Mayor Taylor opened the public hearing. Steve Grant, NE 3rd Avenue, asked if the Ordinance included Code Compliance violations and learned it did not. The lien attaches to the property, but not in the same manner as a Code violation and there is no priority listed as it pertained to other liens. The City records liens regarding Code Compliance violations. Attorney Cherof clarified this Ordinance pertained to sewer, water, storm water reclaimed water, refuse collection in addition to others. Commissioner Merker moved to approve. Commissioner McCray seconded the motion. Meeting Minutes City Commission Boynton Beach, Florida Vote Interim City Clerk Pyle called the roll. The vote was 5 -0. March 1, 2016 C. PROPOSED ORDINANCE NO. 16 -006 - SECOND READING - PUBLIC HEARING - Approve amending City Code of Ordinance Section 16 -60, item (d) to restrict use of the docks in the lagoon at the park for loading and unloading, and for no more than 30 minutes. Attorney Cherof read Proposed Ordinance No. 16 -006 by title only on second reading. Mayor Taylor opened the public hearing. No one came forward. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Vice Mayor Casello asked how this would be enforced. Attorney Cherof explained park attendants have the authority to contact the Police Department to enforce the Ordinance and a Notice of Violation would be issued, which is enforceable in County Court as a violation of City Code. Vote Interim City Clerk Pyle called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A. Code Compliance Initiative - North Federal Highway - March /April 2016. B. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April /May 2016 15. ADJOURNMENT There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 8:04 p.m. (Continued on next page) 16 Meeting Minutes City Commission Boynton Beach, Florida ATTEST J : ith A. Pyle, CMC Interim City Clerk ( th i « �+ kt Catheri ne Cher ry Minutes Specialist 17 CITY OF BOYNTON BEACH e Casello, Vice Mayor Justin K. z ommissioner-, March 1, 2016 fuck cCr missio Michael M. Fitzpatrick, Commissioner DEVELOPMENT ORDER OF THE CITY COMMISSIuN OF THE Development CITY OF BOYNTON BEACH, FLORIDA Building Engineering 0cc. License Deputy-City Clark PROJECT NAME: Abandonment of a portion of a Utility Easement (ABAN 16-001) APPLICANT: Shawn Lago APPLICANT'S ADDRESS: 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2016 & March 1, 2016 TYPE OF RELIEF SOUGHT: Abandonment of a portion of a 10 foot wide Utility Easement located to the rear of a single-family residence, and running in an east-west direction for a distance of approximately 80 feet, to allow for future construction of a private swimming pool. LOCATION OF PROPERTY: 2731 SW 23rd Cranbrook Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included". 4. The Applicant's application for relief is hereby A' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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(•`{jh t r9 to `fir Cn oax LIKE ;IA i a r \Ti'. l ,, i .3 'e. a if; ESTATES i ' i1 k ya d !„,E g ,s����' m a..a y . *,ra v 1 LNtC k� 9t '2 _1 SCMW6QKe.SM/SMIN..4slOCC.IM. 4,404..elitet y .44 1P 411 yyr,, .:ee- FR., 9 •• - - .i .nres.� .g Illi) ' ,.,,,11 :T.,.....-i 1 ----,---7—"---r.flr----— kyr !1w a`tea i': @ ' s J n ao . S t. 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WAL l I i I NOT TO SCALE I 1 ! •.."; r-Dw.. tievv7.: .e.A. 1 1 • IC •6 95 .!.' ap t,.''.; ; t 1 1 _ ---- 1 t.p. 1 g 1 (,. ....,4...„ .....,...................................k. Natr48.35"E 80. '..........6 No i 0 i w.e..1.....L.-....... . ' ..I.V.. SWOIYAk.1.: kRWA, C0,1C. 1 2(`' P ' LOT 46,BLOCK.2 CRANBROOK LAKE ESTATES 2731 SW 23RD CRANBROOK DRIVE B4JYN1ON BEACU, FL 33436 • • • EXHIBIT "B" LEGAL DESCRIPTION FOR PROPOSED EASEMENT ABANDONMENT,LOT 46,BLOCK 2,CRANBROOK LAKES ESTATES. LEGAL DESCRIPTION: NORTH 10 FEET OF THE SOUTH 115 FEET, OF LOT 46, BLOCK 2, CRANBROOK LAKES ESTATES, A SUBDIVISION AS RECORDED IN PLAT BOOK 33,PAGES 124 AND 125,IN THE PUBLIC RECORDS U► ALM BEACH COUNTY,FLORIDA P• ' 'E I :Y: A.BURLISON G' ;Y P� .NO. 25-8-0 SURVEYOR BUS S NO. 2322 EXHIBIT"C" The Estates of I LVE RLAKE 2306 SW 23rd Cranbrook Drive Boynton Beach, FL 33436 November 27th, 2015 RE: NO OBJECTION Proposed Abandonment of 10'Wide Utility Easement 2731 SW 23RD CRANBROOK DRIVE, BOYNTON BEACH, FL 33436 To whom this may concern: The Estates of Silverlake Homeowners'Association, Inc., has no objection to the abandonment of the 10 foot utility easement located in the rear of the property described as 2731 SW 23`d Cranbrook Drive, Boynton Beach, FL 33436. The Estates of Silverlake Homeowners' Association Inc. does not have the funds or the resources to pursue a neighborhood wide abandonment. Please allow Mr. Shawn Lago to precede with the abandonment proceedings for the construction of a private swimming pool. Sincerely, 0 t/ 3 JLLUL./ Donna Bauer, HOA President The Estates of Silverlake Homeowners' Association Inc. ACKNOWLEDGMENT: EXHIBIT"C" The City of Boynton Beach Utilities has no objection to the abandonment of the 10 foot utility easement located in the rear of the property described as 2731 SW 23rd Cranbrook Drive. Boynton Beach. FL 33436. City of Boynton Beach Utilities Nia; 3e of e""etr ent holder / . Chief Field inspector Date: 1/ -12, - STATE OF FLORIDA COUNTY OF PALM BEACH. r The fgre ging in_st-ur ent was ac now1edged before me ' day of aid /15 by t..- ! i f C.Y't r c k.: . ,who is eisonallyT known to rie or mho has produced p-.... .�,�, Tyre of i) :s .neat cation and v,ho(did) (atd not)take an oath. SEAL l .11.. ....1Y���� e. �. ��`' � � r "*.x.7 lc(signature of person:eking ac:ntolledgeoent) (Name o:officer taking ackneu-iedgnient ee.printed or stamped) rY Prudic Stay of"n" �' ► Karen T is:ow y Ill /' t� / ' t 1"./�x. ,r `��, d' Mrs �1a67so 43:0151.1":4131(1At. (S .. ,.,.. • EXHIBIT"C" Florida Power& Light Company 9329 S Military Trail Boynton Beach, FL 33436 Consent Form Location: 2731 SW 23rd Cranbrook Drive, Boynton Beach, Florida 33436 The Florida Power & Light Company has no objection to the abandonment of the 10 foot utility easement located in the rear of the property described as 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436. No Objection Print Name & Date: • __A * • Please return at your earliest convenience. Shawn Lago 2731 SW 23rd Cranbrook Drive Boynton Beach, Florida 33436 Email: kristineslago@gmail.com Phone: 561-271-3842 or 561-644-1803 Fax: 855.248.9135 • EXHIBIT"C" . atsit Eric M.Brown AT&T 321 SE 2nd St Delray Beach, FL 33483 Office: 561.988.6515 Fax: 561.272.8695 eb3965(clatt.corn Shawn Lago 2731 SW 23rd Cranbrook Drive Boynton Beach, FL 33436 November 6,2015 RE. No Objection Proposed Abandonment of 10'wide Utility Easement 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436 Dear Mr. Lago, AT&T has reviewed the proposed plat submitted by you or your company. AT&T no longer has active lines within the rear 10 foot utility easement, therefore, has no objection to the abandonment on the property described as 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436. If you require additional information please contact me at 561-988-6515. Sincerely, Eric M. Brown Manager OPs & Design AT&T Florida 561-988-6515 DEC 01 2015 p4.ir►itvE EXHIBIT"C" Florida Public Utilities 401 South Dixie Hwy. West Palm Beach, FL 33401 Consent Form Location:2731 SW 23rd Cranbrook Drive, Boynton Beach, Florida 33436 The Florida Public Utilities Company has no objection to the abandonment of the 10 foot utility easement located in the rear of the property described as 2731 SW 23rd Cranbrook Drive, Boynton Beach, FL 33436. No Objection Print Name & Date: r IVO Please return at your earliest convenience. Shawn Lago 2731 SW 23rd Cranbrook Drive Boynton Beach, Florida 33436 Email: kristineslago@gmail.com Phone: 561-271-3842 or 561-644-1803 Fax: 855.248.9135 • , EXHIBIT"c" Comcast: PBC Construction Department 7201 North Federal Highway Boca Raton, Florida 33487 RE: Utility Abandonment Submitted by Shawn Lago, Cranbrook Lake Estates at 2731 SW 23rd Cranbrook Drive Boynton Beach, Florida 33436 Dear Mr. Shawn Lago, Comcast has no objection to the abandonment of the utility easement on Lot 46 Block 2 of Cranbrook Estates as outlined in your letter of October 28th, 2015. Yours truly, Sign Here And Return mogozi< 14 teLrr;04j)