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Minutes 07-19-16 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JULY 19, 2016, AT 6:30 p.m. IN CITY COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA PRESENT: Stephen Grant, Mayor Shana Bridgeman, Assistant City Attorney Mack McCray, Vice Mayor Lori LaVerriere, City Manager Christina Romelus, Commissioner Judith A. Pyle, Interim City Clerk Justin Katz, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Rev. Rae Whitely of Coalition of Clergy Reverend Rae Whitely, Coalition of Clergy, gave the invocation. Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant announced a request by Andrew Mack, Development Director /City Engineer to add Consent Agenda, item 6. N. Proposed Resolution No. R16 -094, Authorize the Mayor to execute FPL easement for the underground electric utility facilities at the City of Boynton Beach Town Center Dog Park as part of the Cortina project. Motion Commissioner Casello moved to add the item. Vice Chair McCray seconded the motion. Vote The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Vice Chair McCray pulled Consent Agenda items B, D, F and J. 2. Adoption Motion Vice Chair McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Mayor Grant announced he attended Suits for Seniors at Boynton Beach High School on July 7 th with Captain Coleman and Sergeant Roper and spoke at a moderated meeting discussing tools for success with the students. He lunched with DePrince Race and Zollo regarding the General Employees' Pension and on the 7 th attended a Judicial Forum noting he put the opening statements for each judge on YouTube. On the 8 th he attended media training with the Sachs group, on July 9 th he was dunked at Pitmasters, he played golf at the Links on the 10 and had a conference call with Isram Realty and spoke with property owners around the Intersection of Woolbright Road and Federal Highway. He attended the Strategic Plan Workshop on the 12th, went to Washington DC on July 13 and attended the Rotary International of Potomac Bethesda. He met Buck Williams of the New Jersey Nets, and attended the Sister Cities International Conference on the 15 He praised the organization and made good contacts with other Sister Cities. He hoped to provide more than art for Sister Cities in Haiti and China and possibly a new Sister City in Finland. Vice Mayor McCray attended the ribbon cutting for the new Culinary ToGo on Federal Highway. He met with Isram Realty and other property owners, and attended a Chamber of Commerce Luncheon. Commissioner Romelus attended the media training and found it informational. She met with Mr. Rikman representing Isram Realty, attended the Strategic Plan Workshop and the budget workshops and found them was very thorough. Commissioner Casello met with Attorney Michael Weiner and attended the State Attorney's Sober Home Task Force. It was a good first meeting. The Task Force will meet through the fall and the Boynton Beach Police Department has an Officer 2 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 assigned to the legal component of the Task Force. He thanked all City staff who offered direction during the budget hearings as there was a lot of work involved. Commissioner Katz met with Isram Realty and will meet with adjacent property owners in the next few days. He attended the First Transit ribbon cutting event at Bethesda who installed a propane tank to be more energy conscious. He noted propane can fuel automobiles and Palm Tran was trying to transition to a less expensive fuel source. He attended the Town Square workshop and budget hearings over the last two days. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Provide certificates of appreciation to former members of the Veterans Advisory Board Mayor Grant presented Letters of Appreciation to Frank Bregoli, Stanley Gavlick, Tom Kaiser, Kurt Leuchter and Robert Manson. Tom Kaiser, Chair of the former Veterans Advisory Commission explained 11 years ago, former Mayor Taylor and the late Commissioner Robert Ensler asked the veterans to be part of the City and the Veterans Advisory Commission was formed. He thanked the City for their 11 years of cooperation and support. He noted the park that was created now has 24 monuments and 12 granite memorial benches. He advised the Veterans gave to the City gratefully. He asked City Manager Lori LaVerriere and Mayor Grant to come to the podium. Mr. Kaiser explained, in December, veterans placed a flag at the park honoring those killed in France by ISIS. He advised the flag that was up for 30 days lasted much longer as if God was watching over. They presented the Flag of France to the City and Mr. Kaiser announced he will speak to the French Consulate as they have visited Boynton Beach and met with veterans more often than any other City in Florida. He advised they would fly the flag at the park and invite the press. He complimented the City Commission, Mayor Grant and his fellow veterans for the showpiece park and asked God to bless the City of Boynton Beach. He invited all to the park and acknowledged Jeff Livergood, Board Liaison, for his assistance. Mayor Grant announced August 14 2016, at 2 p.m. there would be an observance for V -J Day paying homage to veterans. B. Announcement of the launch for the Development Department's webpage for Current Development Projects. Andrew Mack, Director of Development/City Engineer, explained the Development Department created a webpage in response to citizen requests for transparency regarding the development process. The web page lists all current development projects within the City. He listed the path on the City's webpage as / Want to, Current Development Projects. He demonstrated how to navigate the page which identifies the 3 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 project name, where it was in the process, the application number, a link to the project site plan, a link to the project public information folders, the submittal date, the development application review team status, the Planning and Development (P &D) Board meeting date, and the two City Commission meeting dates the item would be heard. He explained if no date was yet identified, it would be listed as "to be determined" (tbd). When the date is identified staff will repopulate the page. Vice Mayor McCray asked if Feeding South Florida was listed and learned only projects coming before the P &D Board would be listed, not entities obtaining a building permit. Vice Mayor McCray noted he had received a call last week as they dropped the ball and he contacted Mr. Mack who got the ball rolling again. Mr. Mack advised he is working with Eleanor Krusell, Communications Manager, who will issue a press release on the home page. Mayor Grant asked if there was a tutorial and learned one was not planned. The website was just for major site plans that require P &D and City Commission approval not for remodels. C. Presentation by Recreation & Parks Director Wally Majors about the Recreation & Parks Department. Lori LaVerriere, City Manager, explained each month the City tries to highlight each department and she will list the presentations under Future Agenda Items. Wally Majors, Director Recreation and Parks, explained the department has seven community centers, and three facilities including the pool, lifeguard headquarters at Oceanfront Park and the Tennis Center. A PowerPoint listed the various youth programs and he announced the Afterschool program is licensed by the State. They have a wide variety of art, dance, holiday break camps and summer camp and teen activities. Adult programs included art classes, line, round and square dancing programs, and several others including fitness, music and tennis programs. The senior programs at the Senior Center are popular and the Center is a busy facility. Activities range from card games to active exercise classes and dances. Mr. Majors advised the patrons wanted to rename the facility and was looking for a name that is more reflective of the vibrant nature of the Center. The Department offers several family activities, which he listed including Breakfast with Santa, Daddy Daughter Dance, the Egg - Stravaganza and Play Outdoors unplugged. This year the Department planned to have activities at the Links and perhaps a Father's Day event. Family Fun events will continue to grow. He advised the City has 28 parks and eight undeveloped parks. Some of the activities for the parks included updating the master plan, installing shades at playgrounds and a non - motorized vessel launch behind Intracoastal Park Clubhouse. He explained leashed dogs at parks was recently before the City Commission and the Recreation and Parks Advisory Board always looks for ways to improve the parks. Park activities included the Fit Zone at Barrier Free Park, kayak tours behind Intracoastal Park Clubhouse, surf camp, outreach education in 4 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 conjunction with parks maintenance and the Adopt -a -Park program. The Department is accredited and Mr. Majors anticipated they will be again be conferred as a Nationally Accredited Department. This year, the department met 149 standards out of 150 standards. He hoped to announce the accreditation to the City Commission in November. Vice Mayor McCray requested Mr. Majors advise him of any name change for the Center and advised recommendations were welcome. 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) Don Kree, 630 Castilla Lane, recognized Dave Aronberg the State Attorney and Al Johnson, the Assistant State's Attorney for meeting with homeowners on Riviera Drive and Castilla Lane last week to discuss the Sober Homes Task Force. He was glad the City was represented on the Task Force. Mr. Kree asked if the Costa Mesa Ordinance he had provided several meetings ago had been reviewed. Mayor Grant responded it had not and it was discussed at the Strategic Plan Workshop as a 16/17 initiative and the City was putting resources behind it. Mr. Kree inquired if the Task Force would provide updates. Commissioner Casello thought updates would be provided through the Task Force members, and not an official update. Debbie Lytle, 1700 SW 14 Avenue, attended the Town Square and budget meetings. She hoped the City would move expeditiously, smart and responsibly, regarding the Town Square redevelopment project. She had viewed the summary of the CRA Consolidated Plan and went to Mizner Park in Boca Raton and down Federal Highway past Atlantic Ave in Delray Beach and she did not see any buildings higher than six stories along the Federal Highway Corridor. She hoped the City would not approve buildings that are 15 stories in the Downtown Federal Highway Corridor and the area remain a coastal - friendly community. She also commented she was on Congress Avenue passing the Barrier Free Park and did not see any signage noting the Park is hidden behind the Tennis Center. It is a nice asset and she suggested pointing out positive things in the City. Tom McClure, 2004 S. Federal Highway, continued the second half of a message he started at the last City Commission meeting. He complimented all for their commitment to the City. He explained three years ago he became president of Seagate HOA and six months later the Board decided to notify all contractors they would be cancelling all contracts and renegotiating new ones. He advised it resulted in better contractors and the HOA reduced their costs by 50% saving thousands in operating funds. They negotiated a new contract with their cable provider and renegotiated the contract for washer and dryers and they received new state -of- the -art machines and 100% of the revenue generated by the machines was paid to the association for 15 months. 5 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Mayor Grant commented Mr. McClure's met his three - minute time limit. Motion Commissioner Casello moved to extend the time. Commissioner Romelus seconded the motion. Mayor Grant explained they cannot make a special exception for a speaker to have the floor for an extended time and suggested he speak to him after the meeting. In response to a question if the City Commission could vote on the motion, Attorney Bridgeman explained it was at the discretion of the Mayor to extend the time. Mayor Grant advised after the speakers were finished with public Audience, Mr. McClure could continue. Reverend Bernard Wright, CEO Bernard Wright Ministries, Real Talk Radio and the Robert E. Wells Foundation distributed a petition neighborhood residents had circulated regarding the use of the Denson Pool. Reverend Wright explained the neighborhood residents were being denied the use of the pool during normal and extended hours to accommodate those who pay a fee to be on the swim team and take swimming lessons. He requested the times and policies be 'changed as they deprived the neighborhood youth and to remove the fee for the Denson pool for children up to the age of 12. He announced there were over 200 signatures on the petition. He noted for over a decade, many things were free and now residents were being charged since Mr. Majors became Director. Rev. Wright explained the annual income in the HOB is low. He thought it was ludicrous youth cannot use the pool from 9 to 1 p.m. to accommodate three or four swimmers and he commented a few swimmers were not from the neighborhood. His child is in summer camp and he attends the pool once a week and he cannot use the pool at 5:30 when it's hot. Rev. Bernard Wright explained young children are out in the street and there was nothing to engage the youth. Mayor Grant thanked him for the information and advised he would look into it as it did not appear the program was working very well. Audrey Gerger, 331 NW 1 St Avenue, commented sober homes are recovery treatment centers and group homes for addicts. There is a loophole allowing treatment centers in residential areas. She explained the residences house people unrelated to one another and they should not be in areas where there are children, schools and other areas. She proposed they be in a special zoning category. Ms. Gerger asked the Board to prohibit the CRA from changing a historical area into mixed -use commercial as it will destroy a residential area. She noted there was discussion about beautification of Boynton Beach Boulevard and the CRA installed a sign on Federal Highway when entering the City, but has done nothing when entering from Boynton Beach Boulevard. She thought it would not be difficult to dress it up. Harry Woodworth, President of INCA, 685 NE 15 Place, explained INCA had a meeting last night and advised the consensus of the Board was the time was right for 6 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 redevelopment and the only place where developers could develop was Boynton Beach. South County and South Florida were filling up and it was a time for a partnership with the City, developers and residents. The Inlet Cove Association has promoted desirable development for over 20 years and participated in every meeting the City has had. The Association liked most of the proposed plan, but was concerned with the height increase which impacts the City's appearance, ambience, congestion and quality of life. He thought firm height limits must be established for all land uses based on public input and previously adopted plans. He thought it did not matter what the height is for, just give the final limitation. The Association only opposed increasing the height on the adopted Federal Highway Corridor Plan to 150 feet south. They did not want 100 foot activity nodes and asserted the increase was to accommodate developers. It was not an activity node and it was not walkable. He agreed reasonable height is the first step in the process and residents want to be involved in what goes forward. He supported superior architecture on all sides of the building, open space for civic uses, compatible and proper transitions to surrounding communities and adequate parking on site. Buck Buchanan, 807 Ocean Inlet Drive, told a story of two people standing in front of a new building. One says its 90 feet and the other says its 65 feet, but the developer got an additional 10 feet to hide the elevator and a Transit Oriented Development Bonus of 15 feet. The first man says it's not a 90 foot building and the other says it is 65 feet. The first man commented he learned in development math, 65 can equal 90. The second thing he learned was if the second man ran for office, he would vote for his opponent. He explained people were tired of government double talk and there is more to development than height. He thought there had to be an exact height cap people need to know so the transaction is above reproach. Susan Oyer, 140 SE 27 Way, discussed four items. She noted Option 1 for the Old High School was the best option. She advised the City needs to keep the building as it was a centerpiece. She thought they could rent space for art galleries, gift stores or anything else to bring in revenue. She supported a 45 -foot height limit and commented voters elected a limit of 45 feet as contained in Ordinance 82 -1. She understood about the five feet for parapets, but pointed out residents did not move to the City to live in concrete canyons; they moved due to the breezes. She questioned the environmental impact regarding fresh air and individuals with asthma and thought new construction should provide adequate parking and it would solve the height problem. She commented there is no City in the world with adequate parking and it would be an issue in the future. Ms. Oyer commented she wants wildflowers in the medians and advised they are beautiful, drought tolerant and the local wildflower group would pay for them, install them, and take care of them. Butch Buoni, 450 Horizons East, President of Sterling Village, thanked Andrew Mack for the new website as it was responsive to the needs of the public. He commented on the activity node at Woolbright and Federal and did not want to see any change in the 7 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 existing plan. He announced the proposed 150 feet height limit was not wanted on Federal Highway south of Ocean Avenue and Ocean Avenue should remain status quo. They did not want to see any height change for the Town Square, Old High School and City Hall. He commented if a historic district will be established, it should be done as soon as possible. Michael Weiner, 10 SE First Avenue, on behalf of Isram Realty explained he was asked to listen to residents. He noted Las Ventanas was built to be pedestrian friendly and a node was needed before Riverwalk. Things that add to the node in the original plan was something the Board reviewed and considered before and Isram Realty wanted to see a great Las Ventanas. He explained there was an economic downturn in 2008 and the Related Group obtained Casa Costa and the building was occupied long before others were occupied. What saved it was the sustainability and the buildings endurance, including its height and use and that it would be a high class building contributing to Boynton Beach. Height is not wrong; it makes things sustainable and durable. People were commenting on height and about fresh air, asthma, environmental issues, appearance and ambience and he explained they would like to address those issues. He suggested all contemplate the issue and see how it can be resolved and he will take the information back to Mr. Rikman. Herb Suss, 1711 Woodfern Drive, complimented the City Commission for the workshop and extra time to speak. He favored the millage at 7.9 but explained the City will have a major problem in 10 years due to pensions. He commented employees will not lose their pensions, but new employees will be affected. He thought unless the matter is addressed, there will be a major problem. He advised cloud cover from the equator was moving to the North Pole and it will cover the earth's ceiling and increase climate change. He announced Greenland lost over one trillion tons of ice and he requested the City consider a carbon tax. He asked if Mayor Grant received documents he had previously left and learned he did. Barbara Ready, 328 SW 13 Avenue, explained "they" support the consolidation of the CRA plans. The CRA needs redevelopment and mostly agree with the Plan. She understood the City has over $4 million of unfunded needs and $35 million of unfunded pension obligations. The current City Commission did not cause the issue and was working to address its budget issues by supporting development. She commented residents support the Commission's efforts to address the legacy issues and recognizes it needs development to generate tax revenue. She requested the height in the currently approved Future Land Use plans not be instituted. It will have a minimal impact on the current consolidated plans and it could always be reviewed in the future. She thought raising the height would be a questionable decision, as it locks the City and residents into heights that cannot be lowered in the future and she questioned where future growth would take place if it was maxed out now. 8 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Motion Commissioner Katz moved to amend the agenda to extend speaker time from three minutes to five minutes. Commissioner Casello seconded the motion. Mayor Grant commented if a Commissioner wanted an item on the agenda, he would put it on the agenda so all could speak. He asked if all should speak five minutes as opposed to three minutes. Commissioner Katz explained his motion was for this meeting, to amend item 4. Public Audience from three minutes to five minutes. It would be an additional two minutes and commented not all prior speakers may opt to use the additional two minutes. Vote The motion passed 4 -1, (Mayor Grant dissenting.) Tom McClure added to his prior comments and summarized the association received a surplus of $114,000 which was transferred to the reserve account resulting in a balanced budget and fully funded reserves. The HOA did not have to increase its dues and anticipates there will not be an increase in 2017. He offered outside the box thinking and not going with the status quo is not always bad. He did not want developers to determine how to operate the City and he suggested the City review its contracts to save money. Vice Mayor McCray requested staff check on the Denson Pool and about grants for swimming lessons. He also noted scholarships were given for those who could not afford to swim in the past. Mayor Grant advised he also wanted to see the number of program participants and the average number of individuals who use the pool while it is open to the public. Herb Suss added to his previous thoughts and agreed many years ago residents agreed to one height level and thought the City Commission should listen to its residents. He also explained he serves on the Golf Course Advisory Board and spoke to a Commissioner requesting the City Commission allow volunteers to serve on more than one Board if they were willing. Reverend Wright acknowledged there were some scholarships, but many parents do not like to give out their information. He questioned how youth could learn to swim in three days. He explained he was talking about the entire summer from 9 a.m. to 1 p.m. and it is very hot. He had pictures and had asked Commissioner Katz to observe the situation for evidence sake. He asserted the pool was originally for the neighborhood because they could not go to the beach and he had to swim in the canal. He explained the kids are being deprived 9 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 and when Carolyn Sims was alive, activities were free. His child can only use the pool on Mondays with summer camp and the swimming lane ropes are not removed from the pool. He asserted the fees do not sustain the pool maintenance and he opined the City might make nine dollars a day except for the programs. He asked the Commission to expedite their review. Debby Lytle, 1700 SW 14 Avenue, respectfully disagreed with Rev. Wright and pointed out she has children that play in the yard with the sprinkler and commented he was not being treated any differently than the rest of the residents. On a different matter, Ms. Lytle explained nurses have to sign contracts with the hospital when they work for Tenant Hospitals. She understood the Police Department spends $100,000 for new hire employees. The nurses' contracts require the nurses to remain for a certain amount of time or repay training fees. She suggested the Police Department do the same thing and be more open about employment and recruiting ideas. She thought part time employees would not use benefits, which may help the pension and volunteers could be used for community service as inspectors if the medians are not being maintained. Churches have volunteers and she thought there would be resources in the local community to provide additional services Kim Kelly, owner of Hurricane Ally, announced Summer Sizzle. It was their 20 anniversary in downtown Boynton and the event will feature three bands and guest appearances, and over 20 vendors and art vendors. She invited all to attend and had flyers for the July 30 event at Dewey Park and Hurricane Alley. Jugglers, stilt - walkers, caricature artists, balloonists, children's activities and food trucks would be present along with many others. She thought it would be a nice community event. 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: 2 Regs and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd: 2 Alts and 1 Stu NN Library Bd: 1 Reg Planning and Development Bd: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts 10 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Motion Commissioner Casello noted there was no information regarding applicant Christian Zanartu and he was not present. Commissioner Casello tabled his appointment. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 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 -085 - Rename the public alley known as Barrista Way to Hurricane Alley B. PROPOSED RESOLUTION NO. R16 -086- Approve the Interlocal Agreement with the Town of Briny Breezes for the provisions of Fire Suppression, Emergency Medical and Fire Life Safety services for the term October 1, 2016 through September 30, 2028. Vice Mayor McCray pulled this item noting it was a 12 -year agreement and the City was charging $356,725.14 for the first year with a four percent increase thereafter. He commented there is an out clause and this was income the City would receive. Ms. LaVerriere explained the current agreement expires September 30 The City has been serving Briny Breeses for some time and they are pleased with the City's service. She commented representatives from Briny Breezes were present. Vice Mayor McCray explained he did not pull the item to deny it. He pulled it for transparency and commented the fees would help close the budget gap. Motion Vice Mayor McCray moved to approve Resolution R16 -086. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 11 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 C. PROPOSED RESOLUTION NO. R16 -087 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year 2016/2017, and authorize the City Manager to sign both the application and the certifications. Adoption includes allocation of FY 2016/17 funds of $497,889 and the reprogramming of unexpended funds from previous years of $356,371. D. PROPOSED RESOLUTION NO. R16 -088 - Supporting the expansion of SouthTech in creating a third charter school, The SouthTech Success Center. Vice Mayor McCray pulled this item for the benefit of the public. Jim Kidd, President and CEO, SouthTech Academy and SouthTech Preparatory Academy explained the Academy wants to open a Success Center next year for an underserved population, which were ESE students who are functionally able to become employed and probably able to graduate high school, and for at -risk students that are not served in career academies. He expressed they believe they could educate and make employable more of these students and noted there is no like program in Palm Beach County or in the School District. He commented City Commission support would help bring the Center to fruition. Vice Mayor McCray thanked him for considering those less fortunate and thought SouthTech Academy deserved credit and word of mouth was the best advertisement. He explained Commissioner Romelus is a product of SouthTech. Commissioner Casello commented he is not a fan of charter schools, but he toured the school and was very impressed with the school. He graduated from a technical school and it served him well. He thought it was a worthy cause and he supported the initiative. Motion Vice Mayor McCray moved to approve. Commissioner Romelus announced she loved the school and it helped her in her career. She asked for statistics how many other schools would serve this function in the State. Jay Boggess, Director, SouthTech Schools, did not have State data. School administration reviewed what the Palm Beach County School District offered and announced the target population is grossly underserved. He advised many at -risk schools were established, but they do not operate in the same manner as the SouthTech Success Center. He clarified the reason for the Academy's success is its Career Academy focus. There are 13 different career academies, and it gives students a purpose. The at risk students they are targeting were trying to obtain a high school diploma, which will be obtained, but what makes South Tech different is the industry 12 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 certification and the career and workforce readiness programs that propel students into the future. Commissioner Katz announced he does not support charter schools, but SouthTech was an exception. He commended them for embracing the reason why charter schools exist and for not shying away from students who need the most help by offering alternatives the school district cannot provide in certain situations. Motion Commissioner Romelus moved to approve R16 -016. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. E. Approve purchase of IBM Storewize V3700 Storage Area Network (SAN) from CDW Government, LLC of Vernon Hills, IL, in the amount of $32,648.03 utilizing the National IPA Technologies Solutions Contract (130733). National IPA complied with and satisfied the City of Boynton Beach's public bid requirements. F. Authorize the expenditure of a not -to- exceed amount of $60,000 with Lou's Police and Security Equipment for police equipment and ammunition. Supplies will be purchased through Lou's Police and Security Equipment utilizing the Defense Products State of Florida Contract 46000000 -15 -1. Vice Mayor McCray had pulled this item and asked if it could be piggybacked. Jeff Katz, Police Chief, explained it was a procurement technicality. It is a budgeted item, but it exceeded the amount from a single vendor which required City Commission approval. Motion Vice Mayor McCray moved to proceed. Commissioner Casello inquired about the shelf life and learned it varied based on conditions such as humidity, the type of ammunition and where it is stored. The current location does not offer the best conditions. Commissioner Casello noted the issue was not raised as a priority. Chief Katz explained this would not occur in future years as it was currently being handled this year. Commissioner Casello seconded the motion. 13 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Vote The motion unanimously passed. Commissioner Romelus commended Chief Katz for his efforts turning the Police Department around, for attending the Forest Park Town Hall meeting and for being open and answering tough questions. She advised she received great feedback Chief Katz explained the City has great individuals serving the Department and it was an honor to be their Chief. G. 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 July 19, 2016 - "Request for Extensions and /or Piggybacks ". H. Accept the written report to the Commission for purchases over $10,000 for the month of June 2016. I. Approve the piggyback of Lake County Contract 12 -0806B with Bennett Fire Products Company, Inc. with the same terms, conditions, specifications and pricing to purchase 40 sets of turn out gear at an estimated cost of $83,954. Lake County complied with the Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. J. Request Commission approval to make a $2,400 donation to the Children's Oasis International Foundation from the Law Enforcement Trust Fund. Vice Mayor McCray pulled this item and asked Reverend Whitely to speak about the program. Reverend Whitely explained the Foundation offers Ties that Bind which teaches young men how to tie ties and interact with police officers and many other things. The event will be held at Benevenuto teaching youth etiquette as some of the participants may not have had the chance to eat more than chicken fingers and fries. John Filippe volunteered to teach that portion and Ted White will teach the communication portion. Reverend Whitely explained the program was a partnership with the E. Boynton Wildcats and other organizations. They anticipate 100 youth. Vice Mayor McCray like that men will learn how to tie a tie. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. 14 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Vote The motion unanimously passed. K. Approve utilizing the Manatee County School District Bid no. 15- 0050 -MR for the purchase and installation of a football scoreboard in Hester Community Park in the amount of $54,662.72 from HUFCOR Florida Group. L. Award the Bid for to "Furnish and Install New Fencing for the PW Compound "; Bid No. 051 - 2730- 16 /JMA to Bulldog Fence of Florida, LLC for the lowest submitted bid amount of $40,157.96. M. Approve the minutes from the Regular City Commission meeting held on July 5, 2016. Motion Vice Mayor McCray moved to approve the remaining items. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16 -089 - Approve an increase of $129,043 to the reimbursement to Skye at Boynton Beach, LLC for upsizing utility lines and installing new utility lines for the 500 Ocean project per the executed Developer's Agreement, for a total reimbursement of $444,419. Colin Groff, Assistant City Manager - Public Services /Utilities Director, explained this item was a Development Agreement the City has with Ocean 500 to defray the cost of offsite utility expansions they were asked to do as part of their project. The payment is based on percentages as contained in the Ordinance and the developer ran into problems underground. The item changed the original estimated amount of $305,000 to $444,000 for the unforeseen conditions and for upsizing the pipes to ensure the system is ready to accommodate future capacity needs. Developers pay capacity fees when they build and the City was fronting the monies to the developer to include larger pipes and they would pay it back. Mr. Groff noted the City was paying for water, sewer lines, and stormwater work and the funds would come from three different utility accounts. Overall, the City's portion was about $305,000 for a $2 million underground utility project and the cost increased due to unforeseen circumstances. Staff recommended approval. 15 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Commissioner Romelus asked how this would translate to the 601 Federal Highway project and learned they have the same policy. Staff met with them and they will upgrade the line in front of their building and the City will pay for a portion of it based on the Utility Ordinance, which is written based on the capacity of the line they are upsizing. When another developer uses the water later on, the City is repaid from capacity fees. It is a way to upgrade the system during construction so the City does not have to tear up new construction to accommodate future growth. Commissioner Casello asked what type of pipe would be replaced and learned staff was fairly certain it was asbestos concrete Mayor Grant asked if the City assumed liability and learned the City accepts the liability when they inspect to ensure the system is built to the permit. The City would sign off indicating it was built in compliance with the plans and the City accepts it for maintenance at the end of the project. He explained the process was typical throughout the country. Motion Vice Mayor McCray moved to approve Proposed Resolution No. R16 -089. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Consider the settlement offer of 3100 Ocean Parkway Quiet Title Action. Mayor Grant recused himself as he represents property owners in tax deed sales. Assistant City Attorney Bridgeman explained it was his decision and he should recuse himself if he had a pecuniary benefit. Mayor Grant passed the gavel to Vice Mayor McCray and recused himself. Mayor Grant left the dais at 8:03 p.m. Maxine Cheeseman, Attorney representing 3100 Ocean Park Land Trust, explained her client purchased the property in a tax deed sale and the prior owners caused the violations. The purchase price was $30,100 and the estimated value is $55,000. There is a surplus of $19,578 minus clerk fees. The hard costs are $12,744.92. The owner proposed settlement to pay all the City's hard costs from the surplus and for whatever was remaining, would support the City's claim for the entire surplus and to waive all the fees that had accrued. 16 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Chris Yannuzzi, Code Comp Coordinator, explained he only dealt with the City Attorney Farah Nerette and he provided her with the total amount of the liens. There were 10 cases for this owner and the prior owner. He did not have the total for the cases, but hard costs were discussed. Vice Mayor McCray asked if the City would lose money if the hard costs were accepted. Mr. Yannuzzi explained the hard costs would be covered, and the additional $7,000 would return to the City. He thought it was an acceptable settlement. Commissioner Casello asked if the property had a stipulated settlement agreement, which was a conditional release of the lien program. Attorney Bridgeman advised it did not because it was a different type of legal matter. Vice Mayor McCray received confirmation the client would pay $19,578.08 and receive an order for the required title action. Attorney Cheeseman was aware the City had already filed its claim which was not yet disbursed. Commissioner Casello asked about the property and the intended use and learned it was a single - family residential home valued at $55,000 and the owners were completing all the renovations Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Mayor Grant returned to dais at 8:08 p.m. 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 A. Consider the recommendations of the Historic Resources Preservation Board for the creation of a program to recognize significant persons from the city's past and provide further direction. 17 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Warren Adams, Historic Preservation Planner, explained the City Commission directed the Historic Resources Preservation Board (the "Board ") to make recommendations to recognize historically significant people. This action started as a request for a street sign to be placed on MILK Jr. Boulevard; not renaming the street, only recognizing the street as Robert E. Wells Memorial Avenue. The Board thought before introducing a recognition program, items such as cost, application process, and eligibility for recognition should be considered. The program should be available to anyone of historic interest within the City; the program should be manageable, cost effective, based on research, be aesthetically pleasing and not lead to confusion with regard to street signs. The Board developed recommendations and was looking for direction from the City Commission how they would like to proceed with the program. There are different options and it was up to the City Commission to decide which options would be appropriate if moving forward. Vice Mayor McCray favored the item and commented a pocket park on MLK Jr. Boulevard was discussed during the Strategic Plan and a plaque for the park could be placed there honoring Robert E. Wells. It would become a place for the neighborhood to congregate instead of standing around. Commissioner Casello commented he learned more about the history of Boynton Beach from Reverend Wright and he supported the park as it was an ideal spot to recognize his grandfather. Reverend Wright appreciated the park as a nice place to sit and liked the plaque, but commented his family really wanted a road sign because it was originally Wells Avenue. He thought a simple sign saying Robert R. Wells Memorial Avenue should be used until the park is done. He thought if a pool could be named after a lifeguard, his request could be granted as his grandfather was a pioneer. Vice Mayor McCray understood and suggested having a sign made and presented to him and his family, and installing the sign when the park is completed. He did not want to take a chance of installing anything that could be vandalized and noted he walks through Heritage Park, and he constantly tells people not to sit on the monument. Reverend Wright contended there would be no vandalism at the park as he is involved in the community. Motion Vice Mayor McCray moved to proceed. Barbara Ready, Chair, Historic Resource Preservation Board, clarified the Board is grateful the City Commission was willing to approve Reverend Wright's request, but the big picture is Mr. Adams was presenting a program in case someone else wanted something commemorated. Mr. Adams promulgated the program and needed parameters from the City Commission and they wanted to budget funds for signs and /or if the City Commission wanted Mr. Adams to run the program. Commissioner Casello suggested the program be used on a case -by -case basis. There are guidelines. Vice Mayor McCray explained he received the information and the 18 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 program was long overdue. He thought Reverend Wright's request should be addressed and then revisit what they have. Motion Vice Mayor McCray moved to proceed with the sign, and when the park is completed, the City will install the sign. Mayor Grant asked if the action was consistent with Mr. Adams' item and learned it was. Mr. Adams asked if the Commission wanted to handle these requests on a case -by -case basis or bring an actual program to the City Commission at a future date. He needed to know if the program would be street signs or plaques and it could be decided on in the future. Mayor Grant suggested handling it on a case -by -case basis, and if the applicant was subsidizing any part of it, he thought it was something that could be included in the application. Commissioner Romelus noted options ranged from street pavers up to monuments and costs ranging from $30 to $5,000. She agreed a case -by -case basis would be appropriate. Motion Vice Mayor McCray moved to approve the sign for Robert E. Wells to be placed in the pocket park on MILK Boulevard and the first priority is to draw up the sign. Mayor Grant explained the issue is the recommendations for a program so Reverend Wright could say this is what he would like and ask the City Commission to approve what he would like. Mr. Adams clarified the issue is if the City Commission wants to approve a program, they could approve a sign because it would meet the requirements of a program. If the City Commission approved the program, the sign would meet the requirements of the program. Motion Vice Mayor McCray moved to approve the program presented to the City Commission by the Historic Resources Preservation Board. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor McCray moved to approve the sign for Rev. Wright as part of the program. He noted the City Commission will approve the sign and the Historic Resource 19 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Preservation Board would work out the logistics and advise what sign was selected so the program could move forward for the sign. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16 -076 - Supporting the Atlanta Braves returning to Palm Beach County for their spring training at John Prince Park. (TABLED on 6/21/16 for 90 days) 12. NEW BUSINESS A. A continuation of the discussion concerning the Quantum Park Overlay District which was originally discussed at the June 21, 2016 Commission meeting and to have comments by the overlay district staff and representatives of a property owner(s) within the overlay district. Commissioner Katz explained he wanted this item on the agenda to ensure all was aware he was researching an issue and when looking at the budget, thought the City could perform the services at a deeply discounted rate to the taxpayers. His purpose is not to address any board member complaint or concerns, it is to review the Overlay District as he believed the budget was much larger than it needed to be. Mayor Grant reviewed staff did not give any advice as to dissolving the Overlay District. Commissioner Katz explained there will be an opportunity for staff to speak. There will be a recommendation and there are legal issues as there are lawsuits pending in the district. The item had been tabled years ago in reference to a dispute with legal representation and the District. They have been asked speak on that matter, but his issue was using taxpayer money. Andre Parke, 6101 Broken Sound Parkway, Attorney representing Olen Properties, thanked the City Commission for bringing the matter back in a non - adversarial way and as a review of the District and the City's Ordinance which created the District. He advised the Ordinance was based on the premise the Overlay District would provide the best possible service to residents of Quantum Park. The Ordinance is required by Florida Statute and the Statute permits the City to review the performance of the District. Two factors regarding criteria, as contained in the Statute are, if the City can provide that role, if can assume the rule of the Overlay District and provide the services less costly. The staff report indicates the City could provide the service for $420,000 less which is 46 %. The property owners are assessed for every dime of the cost. Attorney Parke thought a 46% reduction would be important to the residents and the district is not providing the services in the best manner. He thought the beneficiaries 20 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 are the contractors that get paid by the District who do not pay the 46 %. The contractors are being paid down the line because the invoices are passed on to the property owners. Attorney Parke thought the District should return to the basics, which is the City provide the services at the best rates for residents and businesses and he requested the District be dissolved as it is an ineffective and inefficient cash cow. Tom Sheehan, General Counsel for the Children's Services Council of Palm Beach County, 2300 High Ridge Road, advised the Council is an affected property owner and given the staff report as part of the agenda, there appeared to be significant savings to all property owners by abolishing the Overlay District. If so, the Council would ask the City Commission to move forward and carry out the mission of the City to provide services in a financially responsible manner. He requested the Council's position be kept in mind as they draw their own conclusions and take appropriate action. Chuck Geragi, representing High Ridge Investments who owns the building at 2400 High Ridge Road in District IV. He explained the study indicates the City would assume $110,000 in maintenance costs and $364,337 in debt payments until the debt is retired, which is $420,000 less than what is currently funded by District property owners and a 46% savings. Mr. Geragi advised he and his brothers pay about $42,000 in property taxes and the issue was an elementary issue and the City knows what it can do. He asked if there was any reason to think the report could be in error and learned there was no chance. He asked if the City reviewed all the services as he did not want gaps in services. Vice Mayor McCray received confirmation the City was a property owner for the Overlay District. Marty Perry, representing the Overlay District, explained the impression he was given by City Attorney Cherof was this was an opportunity for Attorney Parke to present his complaint which was sent in a letter years ago, which was delayed by City action as a result of litigation. He commented the numbers in the City staff report were generated with their assistance. The actual cost to maintain the District is $175,000. The rest of the budget detailed the additional costs to operate the District was the result of four pieces of litigation from Olen Properties. The District has been in existence since 1996 and was a Community Development District and in 2005, the City Commission created the Overlay District. From 1996 to 2010, there were no issues in the District or any dissatisfaction. Mr. Olenicoff, the principal of Olen Properties, was an original member of the Overlay District Board. Mr. Olenicoff and Mr. Fike, one of Mr. Olenicoff's employees, was also an original member of the Board. Mr. Olenicoff never took the Oath of Office or participated in any meeting for four years and submitted a letter of resignation in 2010. Mr. Fike participated. The issues arose in 2012 because Olen Properties chose not to abide by the rules and regulations effecting the development of property. Resolution of those issues would require the City reviewing the factual issues of dispute. Olen Properties, because of all the litigation, which includes an expense to 21 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 the City because the City is defending the litigation, has caused the District to incur $200,000 of expenses and part of the current budget includes another $144,000 in legal fees. He proposed a wealthy person is attempting to bankrupt the Overlay District so he could get his way. If the City Commission decides it is fair and they want to pursue the matter, they can dissolve the District and it is fine. Attorney Perry noted there are four pending lawsuits against individual board members in their individual capacities against an engineering firm and one of their employees and the District could not be dissolved without considering how to deal with the litigation. Olen Properties and another of Mr. Olenicoff s company could agree to dismiss all of the lawsuits with prejudice. He understood the concern of the Children's Services Council, because they are exposed to unnecessary expenses because one property owner does not want to play by the rules. Mr. Perry noted recently a property owner created a City because he did not like the rules in Palm Beach County. He agreed the City Commission can dissolve the District, but it would take more than an act or ordinance to do so. There are existing contracts and commitments involved. Mayor Grant asked if there were attorney fees for the prevailing party included in the complaint. Mr. Perry was not representing anyone in the litigation. He had read the complaints and he did not think there were attorney fees for prevailing in all the litigation that was filed. It may be in some as there was one condemnation case that may and another property rights case, may also include the provision, but he had not studied it and did not know. Mayor Grant asked if the cases pertaining to the Overlay District was preventing Secured Holdings and Olen Properties Corporation from developing lands after it was already approved by the City. Mr. Perry explained there were site development permits issued by the City. As a result, Olen Properties constructed things on property that belonged to the District, violated environmentally sensitive lands and others. He did not understand why the Site Development Permit was issued, but subsequent to that, a new City employee reviewed it and indicated it was not being done that way anymore and explained the way it should be done, following all the rules. The property owner eventually got a permit for two properties. The property owner stopped and did not move forward to obtain further permits on Lot 52. Lot 100 and Lot 17A have permits and they were either partially or finally developed. Mayor Grant asked if there was a counter claim, and learned only defenses were presented. Mayor Grant questioned why there would be a lawsuit if there are permits allowing them to build. Mr. Perry responded they were seeking $20 million in damages. Their property rights action claimed they were delayed, etc. and loss of lost profits. He thought the matter was the property owner did not want to fight the legal battle and they could have the property because the permit was already issued. Mr. Perry was unsure, but thought the goal was to dissolve the District. He explained there is almost $1.8 million in debt that would have to be assumed. Commissioner Katz reiterated it was not his intention for the District to be dissolved at the meeting. He heard all the different angles regarding the lawsuits and Olen 22 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Properties and the District and none of it had anything to do with the reason he was pursuing the issue. The purpose was to present the facts if the City took over the District that they could provide almost 50% savings and then investigate if a resolution can be reached regarding the lawsuits, since they all stem from a single entity. Commissioner Katz did not think it would be prudent to take over the District because they do not know the ramifications regarding the lawsuit. His only intent was to ask the City Commission to direct the City Attorney and his staff to review the matter and see what would happen should they take over the District. Commissioner Katz wanted to further direct the City Attorney to investigate how the lawsuits could come to an end and thought there was a need for transparency. He thought if the District was dissolved, a special tax equal to the current tax assessed on residents could be instituted and the $400,000 savings could be applied to the $1.8 million in debt. The City would be incurring debt, but would also be receiving a revenue source of $400,000 to the surplus of what was needed to pay down the debt faster. He also understood the District is not supposed to exist beyond the debt payments. At some point, the City took over operation of the streets and some of the landscaping, and a question was posed if the City should take over the entire operation. Mr. Perry recalled there was a discussion about it as there was a dispute between the District and the City. It was favorably resolved. At the time, the City did not want to assume the debt which was about $3 million which has since been paid down. Mr. Perry explained a great deal of what is being discussed is the expense of the litigation. The Board should investigate if those suits will have negative implications. Commissioner Katz thought this was a bizarre feud between a billionaire and a number of people who represent a District who do not live in Boynton Beach. His only concern is if Boynton Beach citizens are getting the maximum return for their tax dollars. While the City Attorney investigates the lawsuits and their implications, more detail could be gained regarding the financial estimate. Mr. Perry advised they had no problem working with City staff. Motion Commissioner Katz moved for the City Attorney and his staff to reach out to all relevant parties regarding the four lawsuits and try to come to some terms if the potential dissolution of the District has any negative implications to the City and if so, what and if the City was willing to take them on. Commissioner Romelus seconded the motion. Commissioner Casello asked if the potential savings estimate was solid. Mr. Groff responded it is a conservative number. Mayor Grant noted the ending fund balance. Mr. Groff explained the balance was from the audit and generally the ending fund balance is ending cash on hand. Vote The motion unanimously passed. 23 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD - None 14. LEGAL A. PROPOSED RESOLUTION NO. R16 -090 - Accept deeds from the CRA; declare and formally accept the additional right of way and utility easements for the infrastructure improvements associated with the Model Block project along NW 10th Avenue (West Martin Luther King Jr. Boulevard) and NW 11th Avenue. Strategic Plan Goal #1 - Great Neighborhoods: Safe, Affordable and Livable; Action Item Number: City 1.5 /CRA 1.3 - Model Block Development. Assistant City Attorney Bridgeman read Proposed Resolution R16 -090. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16 -091 - Approve amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. for one (1) outdoor advertising structure with two (2) electronic changeable sign faces, "LED ". Assistant City Attorney Bridgeman read Proposed Resolution 16 -091. Motion Vice Mayor McCray moved to approve for discussion. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Vice Mayor McCray explained this item was previously approved and would be located in District II. He was upset there would be another billboard. After reviewing the matter the billboard was already designated for the area, and this item was a continuation of what should have been done. 24 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 Motion Vice Mayor McCray moved to approve R16 -091. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED ORDINANCE NO. 16 -016 - SECOND READING - PUBLIC HEARING Approve amendment to Code of Ordinances, Chapter 13, Local Business Tax Receipts, Section 13 -4, Classification and Fee Schedule to provide for a five percent (5 %) increase in Local Business Tax Fees. Assistant City Attorney Bridgeman read Proposed Ordinance No. 16 -016 by title only on second reading. Mayor Grant opened public comment. No one came forward. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Interim City Clerk Pyle called the roll. Vote The vote was 5 -0. 15. FUTURE AGENDA ITEMS Ms. LaVerriere announced the following future agenda items. A. Interlocal Agreement between City of Boynton Beach and Ocean Ridge for Fire Rescue Services - TBD B. Regular City Commission Meeting and 1st Budget Public Hearing - Thursday, September 8, 2016 @ 6:30 p.m. in Commission Chambers; Special City Commission Meeting to Adopt the Final Fire Assessment Rate Resolution - Tuesday, September 13, 2016 @ 6:00 p.m. in Commission Chambers; and Regular City Commission Meeting and 2nd Budget Public Hearing to Adopt the Final Millage Rate and Final Budget for FY 2016 -17 - Tuesday, September 20, 2016 @ 6:30 p.m. in Commission Chambers 25 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 C. Informational presentation on Utilities customer service policy - August 2, 2016 D. Review results from Employee Clinic RFP - August 2016 E. Highlights of the Boynton Beach Mental Health Committee 2014 -16. August 2, 2016. 16. ADJOURNMENT There being no further business to come before the Board, Commissioner Romelus moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:54 p.m. (Continued on next page) 26 Meeting Minutes City Commission Boynton Beach, Florida July 19, 2016 CITY OE B NTON H to rant e M _ or - Mack McCr Co mis loner - ir1 Katz ommissio r - C 7tinI Romelus Co missioner - Joe Casello ATTEST r Judi A. Pyle, CIVIC Intdrim City Clerk Catherine Cherry Minutes Specialist 27 G OAI S C'i l T G A/ 6 � C 6 ) CITY OF BOYNTON BEACH /V AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE July 19th 2016 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ NATURE OF ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS AGENDA ITEM ❑ ADMINISTRATIVE ❑ I NEW BUSINESS ® CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION PROPOSED RESOLUTION NO. R16 -094 - Authorize Mayor to execute FPL easement for the underground electric utility facilities at the City of Boynton Beach Town Center Dog Park as part of the Cortina project. EXPLANATION OF REQUEST: On November 17 2015 the City commission approved Resolution No. R15 -141 to enter into a conveyance agreement between BR Cortina Acquisition LLC and the City of Boynton Beach. The conveyance agreement as adopted provides for the development of the new dog park site at the sole expense of the developer. As part of the park development it is necessary to record an FPL easement to construct the underground electric utility facilities. Staff recommends approval to execute the FPL easement as presented to facilitate the development the new dog park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT Budgeted; None ALTERNATIVES None RESOLUTION R16 -094 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A UTILITY EASEMENT TO FLORIDA POWER & LIGHT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES LOCATED IN TRACT C — CORTINA PUD REPLAT TWO; AUTHORIZING THE MAYOR TO SIGN THE UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. 1 1 WHEREAS, on November 17, 2015, the City Commission, via Resolution R15- 1 141, approved the Boynton Village Park Conveyance Agreement with BR Cortina 1 Acquisitions, LLC.; and 1 WHEREAS, it is necessary for the City to provide FPL with a ten (10) foot wide 1 1 easement on the City Owned property; and 1E WHEREAS, the easement will allow FPL to construct, operate and maintain 1 underground electric utility facilities to be installed from time to time. 1 E NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 2 hereof. 2 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve the granting of a Utility Easement from the City of Boynton Beach to the 2 Florida Power & Light for the construction, operation and maintenance of underground electric 2 utility facilities to be installed from time to time at Tract C — CORTINA PUD REPLAT TWO 2 and authorizes the Mayor to sign the Utility Easement, a copy of which is attached hereto as 2 Exhibit "A ". S: \CC \WP\Resolutions\20161R06 -094 Utility Easement (FPL Tract C - Cortina) - Reso.Doc A Section 3. This Resolution will become effective immediately upon passage. M PASSED AND ADOPTED this day of , 2016. 3 3 3 CITY OF BOYNTON BEACH, FLORIDA 3 3 YES NO 3 3 Mayor — Steven B. Grant 3 3 Vice Mayor — Mack McCray 4 4 Commissioner — Justin Katz 4 4 Commissioner — Christina L. Romelus 4 45 Commissioner — Joe Casello 4 4 4 VOTE 4 5 ATTEST: 5 5 5 5 Judith A. Pyle, CMC 5 Interim City Clerk 5 5 5 5 (Corporate Seal) 6 6 S: \CC \WP\Resolutions\2016\R06 -094 Utility Easement (FPL Tract C - Cortina) - Reso.Doc EASEMENT Sec. Twp ^ S, Rge E PREPARED BY Name: Parcel I.D. # Co. Name: (Maintained by County Appraiser) Address: Page 1 of x The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns ("FPL"), a non- exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above ground equipment) to be installed from time to time; with the right to reconstruct, Reserved for Circuit Court improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement described as follows: FPL Address: 700 Universe Blvd See Attached Exhibit "A" (Easement Areal Juno Beach, FL 33408 Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20 Signed, sealed, and delivered In the presence of: (Corporate Name) By: (Witness' Signature) (President's signature) Print Name: Print Name Print Address: By: (Witness' Signature) (Secretary's signature) Print Name: Print Name Print Address: (Corporate Sea]) STATE OF FLORIDA AND COUNTY OF PALM BEACH. The foregoing instrument was acknowledged before me this day of ,20_, by , and respectively the President and Secretary of a Corporation, on behalf of said corporation, who are personally known to me or who have produced as identification, and who did (did not ) take an oath. (Type of Identification) My Commission Expires: (Notary Public, Signature) Print Name: ti �M1Er 947 Clint Moore Road SURVEYING & MAPPING Tel: (561) 241--9988 Boca Raton, Florida 33487 CwtilIcate of Authorization No. LB7264 Fax: (561) 241 -6182 I SKETCH AND LEGAL DESCRIPTION ( A SURVEY) CORTIN — F.P.L. EASEMENT (C) LEGAL DESCRIPTION A PORTION OF TRACT C, "CORTINA PUD REPLAT TWO ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 121 AT PAGES 80 THROUGH 90 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT C, THENCE SOUTH 83° 50'35" EAST, ALONG THE NORTH LINE OF SAID TRACT C, A DISTANCE OF 10.37 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE SOUTH 83 50'35" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 10.36 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 81 06'00" WEST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 666.53 FEET AND A CENTRAL ANGLE OF 01 26'55 ", A DISTANCE OF 16.65 FEET, THENCE SOUTH 83'50'35" EAST, ALONG A NON - RADIAL LINE, A DISTANCE OF 108.29 FEET, THENCE NORTH 06 09'23" EAST, A DISTANCE OF 16.33 FEET, THENCE SOUTH 83 50'35" EAST, ALONG THE NORTH LINE OF SAID TRACT C, A DISTANCE OF 10.00 FEET, THENCE SOUTH 06 09'23" WEST, A DISTANCE OF 32.83 FEET, THENCE NORTH 83 50'37" WEST, A DISTANCE OF 10.00 FEET, THENCE NORTH 06 09'23" EAST, A DISTANCE OF 6.50 FEET; THENCE NORTH 83 50'35" WEST, A DISTANCE OF 105.95 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 83 WEST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 666.53 FEET AND A CENTRAL ANGLE OF 07 01'29 ", A DISTANCE OF 81.72 FEET TO THE POINT OF t REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1432.06 FEET AND A CENTRAL ANGLE OF 25° 34'55 ", A DISTANCE OF 639.40 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 666.53 FEET AND A CENTRAL ANGLE OF 06 31'02 ", A DISTANCE OF 75.82 FEET; THENCE SOUTH 89 19'14" WEST, ALONG A NON - RADIAL LINE, ALSO BEING THE SOUTH LINE OF SAID TRACT C, A DISTANCE OF 10.52 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 71 06'32" WEST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 656.53 FEET AND A CENTRAL ANGLE OF 06 ", A DISTANCE OF 71.44 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR ABBREVIATIONS L - ARCLENGTH ORM DELTA D (CENTRAL ANGLE) NOTES D.E. DRAINAGE EASEMENT 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID L.B. LICENSED BUSINESS WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED L.S. LICENSED SURVEYOR I SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. P.o.e. POINT I OF BEGINNING 2. j 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE F.O.C. - POINT OF COMMENCEMENT IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. P.B. - PLAT BOOK 3, BEARINGS SHOWN HEREON ARE BASED ON THE P.B. C.R. s PALM BEACH COUNTY RECORDS NORTH LINE OF SAID PLAT HAVING A BEARING OF P.S.M. PROFESSIONAL SURVEYOR NORTH 87° 45'57" EAST, ACCORDING TO SAID PLAT. 8 MAPPER R/W RIGHT -OF -WAY CERTIFICATION U. E. • UTILITY EASEMENT IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON ROAD AND UTILITY EASEMENT COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAD SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF S. jTff PP SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 ProJecf Nw*i CORTINA I I DATE. 06/27/2016 DOB NO. 04173 DWG 9Y. JSH CK•0 a JEK I SHEET 1 OF 4 ItlmJE � I E 947 CIA Moore Road SURVEYING & MAPPING Tel: (561) 241 -9988 Boca Raton, Florida 33487 Certificate of Authorization No, LB7264 Fox: (561) 241 -5182 R. SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1442.06 FEET AND A CENTRAL ANGLE OF 20'01'25", A DISTANCE OF 503.97 FEET: THENCE SOUTH 88'42'31" WEST, ALONG A NON— RADIAL LINE, A DISTANCE OF 10.02 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 84° 55'27" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE WEST LINE OF SAID TRACT C, HAVING A RADIUS OF 1452.06 FEET AND A CENTRAL ANGLE OF 00 23'43 ", A DISTANCE OF 10.02 FEET; THENCE NORTH 88° 42'31" EAST, ALONG A NON— RADIAL LINE, A DISTANCE OF 10.02 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 85° 17'46" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1442.06 FEET AND A CENTRAL ANGLE OF 05" 09'36 ", A DISTANCE OF 129.87 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 656.53 FEET AND A CENTRAL ANGLE OF 09° 35'28 ", A DISTANCE OF 109.90 FEET TO THE POINT OF BEGINNING.' SAID LAND SITUATE IN THE CITY OF BOYNTON BEACH, FLORIDA. i E t ( k ; I a ; I 3 f {F k JDB ND. 04173 1 Prof act Name, CORTINA I DWG BY, JS I SCALE, 1"- cx•D e , JEK I DATE, 06/27/20161 SHEET 2 OF 4 1 r i s i 947 Clint Moore Road SURVEYING & MAPPING Tel: (561) 241 --%88 Boca Raton, Florida 33487 Certificate of Autharizallon No. LB7264 Fax. (661) 241 -5182 I SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) 1 1 7 . : ,p - 1 MATCH LINE 1 1 1 .11z�,1v, X11 1 col \ 1 UA- . III � �� � 1 � r• r r— r � 1 T\ 1 VA \ A0 ' ( 1 1 1 R -144 O6' \ 1--- L- 639.40 \\ -- — — — L -503 7' ,` D -25° 34'55" \ D -20e 0 ,25" TRACT C \ "CORTINA PUD REPLAT TWO" \ \ (P.B. 121, PGS. 80-90) \ \ \ \ \ mo R- 666.53' L- 75.82' \\ \ \ \ \\ D -06° 31'02" \\ R- 656.53 iPS �Ep� �aa'� L- 71,44' �✓ �a,�6,p� \ D -06° 14'05 \' S89e 19'14 "W 10.52' \''►�� 1 \ TRACT 0-5 a Jog NO. 041 3 1 Project Names COR INA ©NC BY. JSH SC ALE. i "- ' cx e i JEK J DATE. — ng/27/20161 SHEET 4 OF 4 P.Q.B. S83° 50'35 }'E l 1 ' S83° 50'35"E 10.37' 1 1 I ` 10 . 3 6' R- 666.53' Nd6° 09' S83 50',35 P.0.C. L -16 85' 16.3323 ', 10.00' NW CORNER TRACT C g1° 0 4 D -01 26 , 5 "CORTINA PUD REPLAT TWO "AD -- S8 50 '35' E 108 29_ 3 y (P.O. 121, PGS. 80-90) I I , 1� ) 25'S3"w - ^� N83- 50'3 ~W " � 1 ' { RADIAL I 1 05.95 5 �oN I I R- 666.53' L - .90' IU- �01'29'rRACT C v N83 50'37 „W I D -0�° 3'28” D 07 I I I I I N_ 4 .00 } 1 I LL P BAl21, PGs. 80 -90) 1 I I I I W' R.U.E. i t° N° I I (P.B.106. PGS. 144 I I z wm I OB — 15-i cE MT�RCOra` ci Eas�►iEUt — — i 22794,1G 2Q1 1 I I I 111 1 I R- 1442.06' I I l IL- 129.87' I I I 1D -05 °09'36" I I [ 4 l � 1 1 III I ao j l 40I I l I I I I I Ill I I N�dc 4-31"E 1 1 1 I c I tio.0►2' 1 1 1 I 10'FPL EASEMENT I R-1452.06' 02 I I I N85 17'46 (ORB 21587, PG 1373 I L- 10.06' RAD I 00 23 � 4 u �- -__ - -^ ; l ° 1 r — — -� I I N8 RADIAL E _ — r 4 88° 2' 1 „ w TRACT C 1 L J "' 2 � 1 I 1 "CORTINA UD REPLAT TWO" }� l I (P.B. 121, PGS. BO-90) ` l i� ti V4� I ` (9A 21. PGS.8 -90) I 10' R.1S E. y I (P.8.0. pr 5.144-1 4 I I1 R- 1432.06' II L- 639.40 R- 1442.06' 1 D -25° 34'55" D- 2001'25" `1 1 I � � l l 1 l MATCH LINE JOB NO. 04173 Project News ORTINA DWG BY JE . J SCALE, c ey, K DATE, 06/27/2016 SHEfT 3 Of 4 ATTORNEY FEES INCURRED BY QUANTUM PARK OVERLAY DEPENDENT DISTRICT FOR DEFENSE OF THE PENDING LITIGATION AND ADMINISTRATIVE MATTERS WITH IGAR OLENICOFF'S COMPANIES CASE DISTRICT INSURANCE DIRECT PAID PAID Suit 1: 2013-CA-007694 $32,460.00 $ -0- Insurance not covered Suit 2: 2015-CA-001721 40,085.00 100,000.00 Insurance exhausted Suits 2&3 combined Suit 3: 2015-CA-011695 5,640.00 Suit 4: 2016-CA-005668 3,150.00 3,244.00 Insurance covered Defense of Eugene Gerlica: 8,720.00 Administrative Action: 6,480.00 -0- Insurance not covered (SFWMD) SUB-TOTAL; $96,535.00 $103,244.00 TOTAL: $199,779.00 This list does not include the attorney fees and costs incurred for the defense of the three District Board members that are being covered by a separate insurance policy.