MINUTES OF THE MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 21, 2015, AT 6:30 P.M. PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation The Invocation was offered by Commissioner McCray Pledge of Allegiance to the Flag led by Commissioner David Merker Commissioner Merker led the reciting of the Pledge of Allegiance to the Flag. Roll called revealed all members were present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor added under Announcements, the welcoming of the delegation from Les Cayes, Haiti, one of the City s Sister Cities. Under Legal, 13.C, discussion of an ordinance relating to landscaping refuse should be added. Vice Mayor Casello pulled Item 6.G for discussion. 2. Adoption 1
Commissioner McCray moved to approve the agenda with the changes. Commissioner Merker seconded the motion. The motion passed unanimously. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Casello disclosed he had discussion with David Camalier, Bill Morris from Delray and Michael Weiner. Commissioner Fitzpatrick attended the Chamber of Commerce luncheon and the Metropolitan Planning Organization (MPO) meeting. He discussed with the Director of the MPO the recent Resolution passed by the Commission and the need for the City of Boynton Beach to have a second representative and vote. Commissioner Fitzpatrick attended a pension meeting and the quarterly meeting of the South Central Regional Wastewater and Treatment and Disposal Board and two days of City budget hearings. He received a text message that the County Commission passed the final documents to sell the 4.85 acres of Lake Ida lakefront located in Boynton Beach annex reserve area to Delray Beach. Mayor Taylor had met with the same individuals as Vice Mayor Casello and had been involved in the budget hearings for two days. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS Mayor Taylor welcomed the delegates from the Sister City, Les Cayes, Haiti. Present were the Mayor, Honorary Ambassador of the District of Les Cayes and two International Delegates of the District of Les Cayes. The Departments in Haiti are comparable to States and Delegates are equivalent to Governors. Members of the Board for Sister Cities were recognized. Mayor Taylor thanked the delegation for coming to the City of Boynton Beach and looked forward to working with them during their visit. Speaking through an interpreter, the Mayor of Haiti remarked the delegation was happy to be here in response to the invitation sent by Mayor Taylor. He thanked the Commission for the meeting. The town of Les Cayes was hoping a lot would be gained from the meeting. The needs of Les Cayes are several and huge such as education and construction. 2
The Ambassador representing Les Cayes remarked it was a pleasure to be in Boynton Beach alongside the Mayor of Les Cayes. Mayor Taylor emphasized a sister is a family member. As a Sister City, Les Cayes is family to the residents of Boynton Beach. He hoped their stay would be enjoyable. A. Reaffirm the City's commitment to work towards full compliance with the Americans with Disabilities Act. Mayor Taylor read a Proclamation honoring the 25 th anniversary of the signing of the Americans with Disabilities Act. It was presented to Debbie Majors, Grants and ADA Coordinator, who reported all the facilities have been assessed and compliance has been incorporated into the capital improvements program to remove architectural barriers and make all facilities more accessible. A review of the policies, procedures and activities has been undertaken to ensure they are all compliant. Ms. Majors thanked the Commission for the support and would present updates on the progress being made. B. Announcement of the change to free chlorination of the water supply from July 20, 2015 through August 9, 2015. Mayor Taylor announced the change in the chlorination of the water supply from July 20 th through August 9 th. Colin Groff, Utilities Director, cautioned the change could affect those on dialysis or those who have tropical fish. C. Recognition of Max Ragno, Essay Finalist in Sister Cities International 2015 Young Artists and Authors Showcase. Mayor Taylor recognized Max Ragno for being a finalist in the International 2015 Young Arts and Authors Showcase and presented him with a plaque. His submission was entitled Connecting Communities. Jeanne Heavilin, President of Sister Cities in Boynton Beach, offered the contest encourages youth to express their opinions for a more unified world through artwork, poetry and essays. Boynton Beach Sister Cities has participated for 12 years. Mr. Ragno had just graduated from Lake Worth Christian School and would be attending college in Tallahassee. He was also presented with a letter of congratulations from the CEO and President of Sister Cities International, with a certificate from Sister Cities. Mayor Taylor stressed the City was very proud of his being recognized internationally. 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) 3
Harry Woodworth, 685 NE 15 th Place, President of INCA (Inlet Cove Association), reported there were no parking anytime signs on the C-16 canal, thanks to the Florida Department of Highways, that would clean up that area. There is digging along Federal Highway by ATT finally moving their cables on the remaining wooden poles. FPL now has a pole by pole action plan to get rid of the last eleven wooden poles. He thanked Commissioner Fitzpatrick for hosting the meeting to re-organize the Boynton Intracoastal Group, covering the coastal area south of Boynton Beach Boulevard. It was hoped more communities could be added to the INCA group and he was excited to work with the southern developments to have a louder voice for the east side of Federal Highway. Larry Kagan, 3516 Hudson Lane, had previously requested to have two signs removed from Springfield Boulevard. The signage related to Ordinance 15-58 and was intended to ward off those flying drones or radio controlled aircraft over a field. Currently those activities are allowed in the City. Mr. Kagan reiterated his request to have the two signs removed from Springfield Boulevard. Mayor Taylor questioned, if it was park property, the City did not allow the flying objects in the parks. It would be reviewed. Attorney Cherof advised the matter had been reviewed before and felt the signs were appropriate at that location. He would revisit the signage and advise the Commission of all the factors. Suzanne Ross, Director of the Schoolhouse Children s Museum, reported July would be another strong month. For the first time this summer, the guests had to be held because the facility had reached capacity. Over 305 guests were welcomed throughout the day. Registrations are strong for the second session of classes as are group visit bookings and growing interest in the outreach programs. Future special days include a Sundae Friday on July 31 st, a visit from the Fantastic Fire truck on August 8 th and the annual October Haunted House on October 24 th and 25 th plus a Monster Mash to be held on October 23 rd for big kids (adults only). Herb Suss, Woodfern Drive, complimented the Commission on the budget hearings. He requested $12,000 be given to the Library for more books. At the request of Mr. Suss, a moment of silence was observed for the Marines and Sailor recently killed in Chattanooga, Tennessee. Bradley Miller, of Miller Land Planning, spoke as a member of the Chamber of Commerce, about the upcoming golf tournament. He encouraged as many as possible to sign up for the event on October 2 nd at Quail Ridge Country Club. No one else coming forward, Mayor Taylor closed public audience. Mayor Taylor acknowledged the retirement of Nancy Byrne, Director of Development, thanked her for the tremendous value she has given to her job and outstanding performance. He wished her all the best in her future endeavors. 4
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 (N/V Stu) openings exist: Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu and 1 N/V Stu Golf Course Advisory Committee: 1 Reg and1 Alt Historic Resource Preservation Board: 1 Alt Recreation and Parks Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Commissioner McCray nominated Joshua Braten to be a student member of the Education and Youth Advisory Board. Commissioner Merker seconded the motion. The motion passed unanimously. Commissioner Merker moved to appoint Scott Braten as a regular member of the Golf Course Advisory Committee. Vice Mayor Casello seconded the motion. The motion passed unanimously. Commissioner McCray acknowledged Andrew Mack as the Interim Development Director. Mayor Taylor congratulated Andrew Mack. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R15-082 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Walter and Jillian Sargent for the property at 3566 Edgar Avenue Boynton Beach, FL 33436. 5
B. PROPOSED RESOLUTION NO. R15-083 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Afaf Aramouni for the property at 1028 Florence Road, Lantana, FL 33462. C. Approve additions of the following job classifications in the City's pay plan: Customer Relations Specialist I; Customer Relations Specialist II; Customer Relations Specialist III; Assistant Supervisor, Customer Relations. D. Approve the one and two year extensions for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for July 21, 2015 - "Request for Extensions and/or Piggybacks". E. Accept the written report to the Commission for purchases over $10,000 for the month of June 2015. F. Approve the minutes from the Regular City Commission meeting held on July 7, 2015 and the Special City Commission meeting held on February 26, 2014. G. Approve increasing Purchase Order No. 150538 from $69,463 to $85,000 to Simplex Grinnell LP of Jupiter, FL, utilizing the General Services Administration (GSA) Contract #GS-07F- 0396M (expires 06/30/17). The GSA contract procurement procedures satisfy the City of Boynton Beach competitive bid requirements. Vice Mayor Casello had pulled item 6.G for further explanation. Jeff Livergood, Director of Engineering and Public Works, explained over the past few years many of the alarm panels have been replaced throughout the organization. Old detectors and strobes have to be replaced in many of the zones. It is not unexpected in the older buildings. Vice Mayor Casello noted Fire Station #5 was a fairly new building, but had costs. Mr. Livergood advised the expense was the tie in for the new fire suppression system in the server room. Vice Mayor Casello moved to approve Item 6.G Commissioner Merker seconded the motion. The motion passed unanimously. 6
7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of 23 police 2015 Ford Interceptor Sedans from Duval Ford in the amount of $784,225.00 from the Florida Sheriff's Contract #14-22-0904 as approved in the FY2014/15 Budget. Vice Mayor Casello moved to approve the purchase of the police vehicles. Commissioner Fitzpatrick seconded the motion. Commissioner McCray pointed out the take-home cars should only go out 20 miles from the City and he has seen police vehicles pass him going to Fort Lauderdale. The motion passed unanimously. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Authorize negotiated settlement in case of Lloyd Minnis vs City of Boynton Beach. Commissioner McCray moved to approve the settlement. Commissioner Merker seconded the motion. Vice Mayor Casello advised he was against the settlement. The plaintiff hurt himself in his front yard with no witnesses or photos. He made a mockery of the Commission in asking for $39,999.99. These are taxpayer dollars. There have been many settlements with very few, if any cases, taken to trial. Vice Mayor Casello understood the need for negotiations and suppressing the City s liability in settlements. He felt there needed to be a limit on the number of settlements and take some cases to trial. The Commission has become a patsy for lawsuits and settlements. The trend should stop and at least litigate some of the cases without giving up. Mayor Taylor understood and agreed with some of the comments. Unfortunately, the man was asking for approximately $65,000. Court costs would be more than the settlement and the costs are incurred whether the case is lost or won. Commissioner Merker agreed with Mayor Taylor. He had voted against other settlements. This one was obvious the City should arbitrate the issues. He felt the Commission should listen to their advisors. 7
Commissioner Fitzpatrick understood the concerns. He did not want the case to go to Court because there was poor documentation of work done. Hopefully there will be staff training so the issues do not arise again as far as documentation. The motion passed 4-1 (Vice Mayor Casello dissenting). 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. A. PROPOSED ORDINANCE NO. 15-017 FIRST READING - Approve request to abandon a 10-foot wide utility easement in conjunction with the istorage Warehouse Addition project (MSPM 15-005) under concurrent review, located at 2951 SW 14th Place within the M-1 (Light Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 15-017 by title only, on first reading. Commissioner Merker moved to approve Proposed Ordinance No. 15-017 on first reading. Commissioner McCray seconded the motion. City Clerk Prainito called the roll. The vote was 5-0. B. Request major site plan modification approval to construct additional onestory, self-service storage warehouse buildings consisting of 39,300 square feet; 20 exterior storage parking spaces for recreational vehicles and boats; and related site improvements, located at 2951 SW 14 th Place within the M-1 (Light Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Commissioner Merker moved to approve the Major Site Plan Modification. Commissioner McCray seconded the motion. The motion passed unanimously. 8
C. Approve Community Design Plan Appeal of Chapter 4, Article III, Section 3.H. Downspouts, which requires downspouts to be enclosed within the building structure or architectural element when visible from areas accessible by the public and/or from adjacent public rights-of-way. Applicant: Christopher Miller of Storage Quest Boynton Beach Commissioner Merker moved to approve the Community Design Plan Appeal. Commissioner McCray seconded the motion. Vice Mayor Casello requested further explanation. Amanda Parker, Planner, advised the Code requires the downspouts be enclosed as an architectural element. Since the downspouts will be in a court yard area, the applicant has asked they be mounted to the wall and painted the same color as the building. The motion passed unanimously. 10. CITY MANAGER S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED ORDINANCE NO. 15-016 - SECOND READING - PUBLIC HEARING - Adopt the Boynton Beach Administrative Amendments to the 5th Edition of the Florida Building Code. Attorney Cherof read Proposed Ordinance No. 15-016 by title only, on second reading. Mayor Taylor opened the issue for public hearing and no one came forward. Commissioner Merker moved to approve Proposed Ordinance No. 15-016. Commissioner McCray seconded the meeting. City Clerk Prainito called the roll. The vote was 5-0. 9
B. PROPOSED ORDINANCE NO. 15-018- FIRST READING - Adopt an ordinance to sunset the Cemetery Board of Governors. Attorney Cherof read Proposed Ordinance No. 15-018 by title only, on first reading. Commissioner Fitzpatrick moved to approve Proposed Ordinance no. 15-018. Commissioner McCray seconded the motion. Commissioner McCray asked who would be dealing with complaints or questions from citizens. Ms. Prainito advised the City Clerk s office accepts any inquiries and delegates the responsibility to the appropriate person or department. City Clerk Prainito called the roll. The vote was 5-0. C. Discuss an ordinance relating to landscaping debris. Attorney Cherof recalled the issue arose from a case of debris being stockpiled on a lot currently zoned M-1, a business activity that was not permitted and no Business Tax Receipt (BTR) or Certificate of Use was issued for the lot. It should be noted the company using the property is utilizing another location to stockpile debris while the issue is pending. The draft ordinance attempts to pull together the category of landscaping debris generated by a commercial landscaping company. After adoption of the ordinance it would be treated as a conditional use in the M-1 zoning district. An application-byapplication review would have to be done to make sure it would be compatible with other issues and surrounding properties. There are 14 conditions to clear the way for the approval of a conditional use. The 14 th condition has subcomponents that were recommended by the City Fire Marshall with respect to the storage of this type of debris. 1. Essentially before the stockpiling of any materials, the property owner has to first obtain a Business Tax Receipt (BTR) and Certificate of Use. 2. Prior thereto the applicant would be required to submit a phase one environmental test report to the City administration. The purpose would be to ensure the ground is not contaminated before the activity begins. Later there could be another check to ensure the materials were not contaminating the ground and potentially ground water. 10
3. There would have to be an annual BTR as there is for any other business to be determined. 4. A site plan would need to be filed. 5. The stockpiling would be permitted on a property less than a specific size that remains to be determined by the first reading of the ordinance. 6. There would have to be a minimum 20-foot wide, stabilized, access road around the perimeter of the stockpile. In terms of the Fire Department recommendations, it would allow access around the stockpile so any fire could be dealt with efficiently. 7. All stored landscaping materials would have specific setbacks, to be determined, from residential property, to be decided by first reading, and from all other property lines, also to be decided by first reading. 8. Stormwater drainage would be maintained on the site with appropriate infrastructure and improvements as approved by the City Engineer. The purpose, as with the stockpiling of any type of debris, would be to avoid the run-off going onto adjacent properties. 9. There would be no chipping of debris permitted on the site. Attorney Cherof understood there had been no chipping on the site. It came into the site in a condition ready to be stockpiled. The sound and interference with adjacent property from the chipping process would not be permitted. 10. The perimeter has to be screened with a wall or fence to obstruct the view from the storage area from adjacent properties. There may need to be a distinction from other industrial properties and commercial properties. 11. The operation hours would be from 9 a.m. to 5 p.m. on weekdays and from 10 a.m. to 2 p.m. on Saturdays and not permissible on Sundays. 12. The preference would be to have access from a public right-of-way. 13. The delivery, removal and storage would utilize appropriate dust control measures that would be the responsibility of the property owner depending on the materials on site. 14. The storage area would have to include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshall. There is some flexibility on this issue. The balance of the issues dealt with the concerns of the Fire Department to be able to contain a fire on the property. The issues outlined in 1, 3, 8, 9, 10, 11, 12 and 14 are the only conditions of approval applicable to someone already in the business or has been in the business for 36 months prior to adoption of the Ordinance. They are all things that can be done in a short period of time, if not immediately. The second condition pertaining to an environmental report could be delayed for 90 days. All other conditions would have to come into compliance within 18 months. The document is a work in progress and staff has reviewed the conditions of approval and looked at guidelines. It was felt the ordinance could be presented at the next Commission meeting for first reading. If directed to do so, the City Clerk would publish a 11
notice of the ordinance. To change the use in the industrial zoning district requires two public hearings and notice published in a newspaper. Commissioner Merker recalled a major concern was the jobs for 70 employees. If another location has been utilized the job issue would be moot. If the ordinance relates to the specific property and the operator is using another site, there is no need for the ordinance. Attorney Cherof understood there is a temporary location. It would be the expectation of the landscaping company, once the ordinance is enacted, to continue operating as it has existed at the original site. Commissioner Merker contended it was being done for personal reasons rather than the practical benefit of the City. Attorney Cherof indicated once the ordinance is in its next form it could be shared with other businesses and receive their feedback. Mayor Taylor did not feel it was personal. The business has been operating at the site for six years. He was concerned about the hours of operation that they should be modified to meet the needs of the business operations and employees. Commissioner Merker was disappointed the owner of the business had not appeared to voice his opinion. Commissioner Fitzpatrick asked what a stabilized, all weather, access road would be. Attorney Cherof indicated it could be shell rock. Commissioner Fitzpatrick noted an unimproved lot has presumed runoff. When the use is changed and creates an impervious area, would there be any change in the presumed runoff. Andrew Mack, City Engineer and Interim Development Director, noted the change is the study stage and all the regulations have not been vetted. One of the primary concerns is the pollution running off and making sure any stormwater is retained and not run off the site. It is not for storage of the drainage, rather runoff. Commissioner Fitzpatrick inquired if landscaping debris is assumed to cause additional runoff. Would it create an impervious area? Mr. Mack reiterated the storage capacity is not the focus, rather transmission of particles from runoff going onto adjacent parcels or the right-of-way. Commissioner Fitzpatrick noted there have been complaints about Power By The Hour that creates noise in an M-1 industrial zone. He questioned if the proposed regulations would be a more restrictive noise requirement than other M-1 uses. Mr. Mack replied that particular aspect had not been studied. Commissioner Fitzpatrick questioned if the hours of operation would be more restrictive than other industrial zones. Mr. Mack responded with a conditional use there can be restricted hours and it is only for the vegetative matter deposited and removed from the site. It would have to be studied. 12
Commissioner Fitzpatrick was not in favor of restrictions more restrictive than current industrial standards. He questioned the health hazard standard for rotting vegetation and vermin that is found under the Fire Department specifications. Attorney Cherof agreed to get further clarification from the Fire Marshall and reword the condition. Vice Mayor Casello questioned the need for fire protection monitoring and alert and suppression systems. Attorney Cherof explained those items were as recommended by the Fire Marshall. It would probably differ from site to site. Mr. Mack reiterated it is a use not currently covered by the Code. After further study, the conditions may or may not be included. Typically there would be a 120-day study period to compare data with other municipalities, look at the industry standards, review eligible properties, investigate the owner, review the feasibility of impacts on other properties and discuss any Fire Department requirements. The County and State health regulations would have to be reviewed also. Mr. Mack cautioned it would be setting a precedent to allow the change to go through without being a conditional use or having a study period. Commissioner McCray had met with the owner at the property. The workers arrive at 7:30 a.m. He continued to feel the use should be grandfathered into the Code. To penalize them now would be detrimental to the operator, owner and employees. Mayor Taylor knew the issue had been dropped on the Development Department; however, he hoped it could come back on August 4 th for first reading. The business operated for six years with no problem. Mr. Mack noted there had been a meeting with the business owner and he did tour the site for his input and concerns. The temporary location is impacting his business. Commissioner Merker contended the owner of the property should be the focus rather than the operator of the business. Future use has to be considered. It was foolish to rush through the process. There are other sites obviously. Commissioner McCray was present at the Code Compliance hearing and the owner was cited. A temporary site had to be found while the issue was being resolved. David Katz, 67 Midwood Lane, recalled the operator has been in business at the site for 35 to 40 years. The recycling has been ongoing for six years. The site is leased. If the operator leaves, the owner can make other use of the site. It has been an operational nightmare using five to seven different sites. The site in question is within walking distance of the trucks and offices. Mr. Katz did suggest the hours be extended to sunset. The debris is taken from the site every two to three weeks. Commissioner Merker disagreed and argued the recycling is a separate entity. He did agree with Mr. Katz on the hours of operation until sunset. His concern was the future use of the property by the owner. It is personal because it is one person and an ordinance affects the entire City. He saw no reason to rush changes. 13
Commissioner McCray emphasized it was not a recycling company; it is a landscape company. He is recycling the debris that he collects. Mr. Mack indicated staff would speak with the business owner about the hours of operation. 14. FUTURE AGENDA ITEMS A. City Commission discussion of Independent CRA Board - September 2015 - per direction from the FY 15/16 Strategic Plan sessions. B. City Commission to discuss the Old High School as requested at the Strategic Planning Session - August 4, 2015. C. City Commission discussion on Police/Fire Services as requested at the Strategic Planning Session - August 4, 2015 D. City Commission to review Legislative Priority List for upcoming Legislative Session - August 18, 2015 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 7:41 p.m. (Continued on next page.) 14
CITY OF BOYNTON BEACH Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner ATTEST: Michael M. Fitzpatrick, Commissioner Janet M. Prainito, MMC City Clerk Judith A. Pyle, CMC Deputy City Clerk 15