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Minutes 11-01-16MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 1, 2016, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Vice Mayor Jim Cherof, City Attorney Commissioner Justin Katz Judith A. Pyle, City Clerk Commissioner Christina Romelus ABSENT: Commissioner Joe Casello 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to. order at 6:30 p.m. Invocation Vice Mayor McCray offered the Invocation. Pledge of Allegiance to the Flag led by Commissioner Katz Commissioner Katz led the reciting of the Pledge of Allegiance to the Flag. ROLL CALL City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions. Corrections Commissioner Romelus pulled Consent Agenda Item 7.G. Mayor Grant pulled Consent agenda Item 7.13. Lori LaVerriere requested moving Consent Agenda Item 7.B: to the November 15th meeting. Mayor Grant wanted to discuss the item before tabling it as he. would not be present on November 15th 2. Adoption Meeting Minutes City Commission Boynton Beach, Florida Motion November 1, 2016 Vice Mayor McCray moved to approve as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER Informational items by Members of the City Commission Commissioner Katz advised he attended the Pirate Fest on Saturday morning. All looked amazing and he thought it will be more amazing when the Town Square is developed. He attended the Community Caring Center Gala and met with Bradley Miller to discuss an item on the next agenda regarding a day care center. He met with representatives from the Florida Clothing Textile Recycling Program and Andre Parks, representing them from Sax Sax Caplan. He attended the Quantum Park Overlay District meeting and congratulated Colin Groff, Assistant City Manager - Public Services; Andrew Mack, Development Director; and Jeff Livergood, Director, Public Works on their elections to the Board. Vice Mayor McCray met with Bonnie Miskel regarding a project on Boynton Beach Boulevard and NW 4th Street. He announced the Souls to the Polls Rally on Saturday evening at St. John Missionary Baptist Church. The times will be posted. Souls to the Polls will also gather next Sunday also at St. John Missionary Baptist Church and will proceed north on Seacrest Boulevard to the Ezell Hester Community Center. This event is being sponsored by him and the Ministerial Alliance. He hoped to line up at the Church between 1:30 and 2 p.m. and he requested a Police Officer to march from the Church to the Ezell Hester Center. Once at the Center, individuals will have the opportunity to vote and those with children will have bounce houses and entertainment. On Sunday, he attended the Pirate Fest and thanked the Police Department for their security on Federal Highway and Seacrest Boulevard. He later attended a birthday party for Sonny Garcia and wished him a happy 69th birthday. He met with Commissioner Romelus at Fire Station No 5 regarding the Haitian Relief Fund and requested all do what they can to assist Haiti. He. also attended the funeral for Deacon Edward Harris who' he grew up with and advised the service was well attended. Mayor Grant advised he spoke with Freedom Shores third grade parents about what was occurring in Boynton Beach. On the 20th, he attended the Metropolitan Planning Organization meeting discussing the express lanes forthcoming in Palm Beach County in 2018/2019.. They are also looking to increase Palm Tran ridership. He attended the Boynton Beach High School Homecoming. On the 21St, he attended the Chamber of Commerce Women's Business Forum, the Feeding South Florida Opening event and 2 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Music on the Rocks. On the 22nd and 23rd, he attended the Pirate Fest and led the parade. All involved with Pirate Fest, including City Departments, were amazing. He spoke to vendors who thought the event was a great free festival. They were looking forward to returning next year. On the 26th, he attended the League of Cities and Chamber Business After Hours event and the East Boynton Wildcats game. On the 27th he participated in Read for the Record at Freedom Shores Elementary School and at the Library. He announced this was a contest amongst municipalities held by the Literacy Coalition. Boynton Beach has won the contest for the last three years. He spoke at the Boynton Beach Women's Club and attended the Community Caring Center Magical Masquerade. On the 28th he travelled to Orlando to participate in the Legislative Policy Committee for Economic and Growth Management. Two items the Florida League of Cities will focus on are CRAs and impact fees. He spoke with Bonnie Miskel regarding Boynton Beach Boulevard and Ocean One. He attended the Bill Bingham Golf Tournament on the 29th and yesterday attended the Diwali and Annakut Festival in celebration of the Hindu New Year. He learned Boynton Beach hosts the South Florida BAPs. Earlier today, he attended the Quantum Park Overlay District meeting and voted on behalf of the City and the Children's Services Council. Commissioner Romelus attended the Griot Fest, which is the First Annual Haitian Food and Music Festival in Boca Raton. She attended a Forest Park Neighborhood Association meeting, attended and volunteered at the Pirate Fest. She met someone from Cape Canaveral who drove to the City for the Festival and she gave kudos to the CRA. She attended a farewell for Boynton Intracoastal Group (BIG) and Boynton Coalition for Responsible Development outgoing President Tom McClure. She attended the East Boynton Wildcats final home game and participated in Read for the Record reading to kindergarteners and first graders. She spoke at the Woman's Club luncheon, attended the Community Caring Center Gala and the Diwali and Annakut New Year event. Commissioner Romelus explained the Boynton Beach Police and Fire Chiefs, the City Manager and Vice Mayor McCray had a kick off and photo event advertising the collection of needed items and funds for the Haitian Relief effort. A group she and other elected officials founded are making this a joint effort with business, community and non-profit leaders. She is planning a trip to Haiti in December to personally deliver needed supplies. She wanted to ensure the faith in the community is upheld and will provide a progress report in the future. Vice Mayor McCray announced he went to Poinciana Elementary School to read, and the students had a hard time believing he went to school there years ago. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Police Chief Katz about the Department's Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. Assistant Police Chief Snow, announced on Wednesday October 26th, the City of Boynton Beach was recognized by the Commission for Florida Law Enforcement K, Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Accreditation as an Excelsior Level Agency. There are 387 law enforcement agencies in Florida. Of those, 158 departments are accredited, and from those, Boynton Beach is only one of 46 to receive the Excelsior level status. The Assessment Team reviewed every aspect of the Department operation from August 20, 2013, to August 20, 2016. The assessment team conducted a variety of audits and inspections to ensure the Department's actions are consistent with policy. The team described personnel as knowledgeable, courteousand engaged. They were especially impressed with several aspects of operations including their work with youth in the community, engagement efforts internally and externally, social media presence, branding and messaging, the selection process and police training officer program. Excelsior status can only be achieved based on two conditions: if the Agency demonstrates a commitment to the accreditation process for a minimum of five, three year cycles. The agency must also demonstrate excellence as it pertains to the manner it performs based on 237- individual benchmarks established by the Accreditation Commission. Assistant Chief Snow recognized Detective Chris Naulty, Accreditation Manager, for her organization and documenting compliance, input on policy development and her efforts to align the Department's policies enabling achievement of the designation. She thanked the 211 dedicated men and women of the Department who live the standards each day and she applauded their efforts. Vice Mayor McCray explained he was present the first time the Department received accreditation under Chief Gage and he thanked them. Commissioner Romelus appreciated the social media presence. Ms. LaVerriere thanked Detective Naulty. The responsibility for achieving the Department's high level of service was heavy throughout the process, but Detective Naulty handled it well and did a great job. B. Presentation by -Recreation & Parks Director Wally Majors about the Department's National Re -Accreditation through the Commission for the Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an organization's commitment to quality and improvement. Wally Majors, Recreation and Parks Director, explained he was very proud in 2006 to announce accreditation the first time and proud to be reaccredited a second time. It is a significant accomplishment and he is again very proud to be accredited the third time as it validates the Department operates consistent with national standards and desirable practices. The Department is a tax -supported agency,and they are careful to earn every dollar and spend every dollar in the most appropriate way. The accomplishment identifies the Department as standing above other non -accredited agencies. There are over 10,000 public Parks and Recreation agencies in the United States and veryfew are able to meet the requirements. Nationwide, less than 3% of the agencies are 2 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 accredited. Palm Beach County only has Boynton Beach and Wellington accredited, showing the Department is heads and shoulders above others. Mr. Majors explained there are 151 standards and the Department met all of the fundamental standards and 99% of the others. Of the three times they went through the accreditation process, this was their best score. Amy Blackmann, Recreation Superintendent, explained there are 10 categories of standards, which she reviewed. There are 10 to 20 standards in each of those categories, which involved coordination with several other departments and she was appreciative of the assistance rendered by the Police Department, ITS, Public Works, Risk Management and Human Resources. She also acknowledged the Recreation and Parks Department members who were present and acknowledged Sherri Claude, Recreation Administrator, with Mayor Grant presenting her with an award. Ms. LaVerriere explained Ms. Claude was integrally involved with the effort and has done an outstanding job. Mr. Majors announced the opening of Boynton Village Park and Dog Park at Renaissance Commons Boulevard behind Michaels on Saturday. The ribbon -cutting ceremony will commence at 4 p.m. and he invited all to "Yappy Hour" with their four legged friends. Vice Mayor McCray acknowledged Brent Rolle, Supervisor at the Senior Center. When the air conditioning at the Center went out, Mr. Rolle advised all of the situation and when it would be addressed. The individuals responsible for fixing it did so quickly. He also thanked Mr. Majors for putting the score board polls in at the Ezell Hester Center. There will be a ribbon cutting with Commissioner Casello as he and Commissioner Casello had championed the effort. He thanked staff on a job well. done. C. Announce the annual reappointment of those advisory board seats with terms expiring in December 2016. The following boards will have openings: Arts Commission, Building Board of Adjustments and Appeals, Education and Youth Advisory Board, Firefighters Pension Trust Fund Board, Library Board, Planning and Development Board, Recreation and Parks Board and' Senior Advisory Board. Information on the Boards and applications are available online or can be obtained from the City Clerk's office in City Hall or sent to the City Clerk at cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. 5 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 D. Reminder that the general election is Tuesday, November 8, 2016, 7am - 7pm. Mayor Grant reminded all of the General Election and noted voting precinct information is on the voter registration card and it may have changed since the last election. E. City Hall will be closed on Veterans Day, Friday, November 11, 2016. Mayor Grant announced the closing of City Hall in observance of Veterans Day on November 11tH F. City Hall will be closed for the Thanksgiving holiday on Thursday, November 24 and Friday, November 25, 2016. Mayor Grant also announced City Hall will be closed in observance of Thanksgiving on November 24th and 25tH 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) Mark Karageorge, 240A Main Boulevard, acknowledged three people who recently passed who were major contributors to the City and the County. He advised Jane Oliver, passed at age 93 and for over 20 years, volunteered teaching art and art history. Before there was the Art Center, she taught classes at the Civic Center until she was physically unable to teach anymore. She would often purchase art supplies for youth who could not afford supplies, resulting in some youth becoming artists and studying art in college. Brian Miller served the City on the Community Relations Board and the Planning and Development Board. Mr. Miller and Pastor Lance Chaney got cancer at the same time. When Pastor Chaney and his wife visited Mr. Miller while he was receiving treatment, it made his month. After Pastor Chaney passed, Woodrow Hay and his wife would visit and it made his month. They knew Mr. Miller was always motivated to do the right thing for the City which he loved. Mr. Miller held ,clean-up projects in the City, marched against drugs and violence, and cleaned the Heart of Boynton multiple times. He got the CRA to pay for trash cans on MLK, on the north end of Federal Highway and NE 12th and NW 10th. He commented any department head can attest to the good Mr. Miller did. Mr. Miller was a liaison for the High School and raised funds. He convinced the Chamber of Commerce to fund the trip to New York to appear on the Today Show and stay overnight to visit Ground Zero. He assisted Poinciana with clean-up, gardening and nutrition programs and Mr. Miller got vendors to contribute and do things at the school. D Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Mr. Karageorge announced the City lost a legend in Deacon Dr. Edward Maurice Harris, who was recognized by the County Commission when he died for his contributions in education. He also served on the Parks and Recreation and Planning and Development Boards and he brought people to God. He loved God and his family and community. Two years ago, he had a stroke and had no motor skills except for his eyes. When someone visited, if he liked you, his eyes lit up, if not, he closed them. He spent 42 years in education, first as a math teacher, then assistant principal, principal and finally administrator. He impacted the lives of many students and commented the problem with education was discipline and prayer taken out of the schools. His retirement was well attended by superintendents, principals and members of the public. Deacon Ed gave people jobs, opportunities, and got Grammy Awarding Winning gospel groups to perform in Boynton Beach for free. He cared about everyone he met and he could communicate with anyone at any level. He announced these three people are a loss for the City. He asked the City Commission to continue to follow their great example. Denis Zabavchik, 2755 S Evergreen Circle, was grateful to speak on behalf of the parents of the Boynton Beach Blazer swim team. Both his Kids were born and raised in Boynton Beach and he signed them up for paid swim lessons. When they were eligible, they joined the swim team. They recently found out the Densen Pool provides free lessons to anyone who wants to learn how to swim and he commented they will never know how many lives will be spared from drowning. He commented aside from safety, a swimming pool is a great way to have fun and expend energy in a healthy way. The children grow, and the Blazers set a great example with their achievements and records they set. Kids can make new friends, learn to respect each other, become great team players, leaders and learn that hard work pays off. Mr. Zabavchik explained the Blazers welcome new team members, but regardless of how low the program fee is, some people cannot afford it. He thought it would benefit the City to expand the program and provide scholarships to underprivileged youth. Swim team members take classes and become certified as lifeguards, become EMTs and other great professions. He acknowledged the Boynton Beach Blazer students, coaches and their achievement and wanted to know what the City would do to assist them. He thought the City should be proud of the team and continue to support them. Vice Mayor McCray concurred and advised he was taught how to swim at the Densen Pool by John Densen. He praised the program as he was a product of it. Victoria Lucas explained she has been on the swim team for seven years. The program helped her become one of the fastest swimmers and the team helped build her confidence. They train, make friends and the program is helping her strive to join the Olympic Swim Team. Julia Lucas advised she has been on -the swim team for seven years and it makes her more confident. The Blazers want to stand out and represent Boynton Beach. She advised the swimmers are scared because a strange man has been going around 7 Meeting Minutes City Commission Bovnton Beach, Florida November 1, 2016 distracting the coaches and disturbing swim practices by yelling, screaming and using foul language. The swim team needs help and support to make sure the pool is safe. Kevin Lucas, 6654 Spring Garden Run, explained he has three children on the swim team and he lived in Boynton Beach for six years before moving to Lake Worth. Even though the price went up, they paid the non-resident fee. A man who comes by the pool using profanity came up to him. He asked why he was taking pictures of the kids and asked him to stop. The man used profanity and he smelled alcohol on his breath. He requested assistance. The coaches come out and tried to speak with him, but he just got louder. Mr. Lucas understood the man wanted the neighborhood youth to swim, but pointed out the swim team meets at 4:30 p.m. for an hour and a half so he did not know why he was disrupting swim practices. Deris Bardales, 712 NE 8t" Avenue, explained his two kids are part of the swim team, and the City is doing a great job. He commented the Densen pool swim programs are important for community youth. It teaches youth to swim, become a member of the swim team, and it teaches leadership, confidence and how to compete. He commented the pool is open to everyone, rich or poor, regardless of race. The swim team members present stood and were recognized. He commented the program interacts with other programs and he hoped the members would one day become City Commissioners. He asked the City Commission to support the Blazers and the swim team that is open to anyone. They pay for classes, but was aware there are free grants for those that cannot afford the fees. Susan Oyer, 140 SE 27th Way, announced she loved the Pirate Fest and the City and CRA did an outstanding job. She noted HGTV aired its House Hunters episode that was filmed in Boynton Beach on Saturday night. There are two episodes that featured three different types of houses, and the episode showcased the Ocean Avenue Bridge, the Intracoastal, boating, dining, buildings and the Pirate Fest sign. She thanked Commissioner Romelus for serving as a Halloween judge for Seacrest Estates and was happy she accepted to serve as judge for the Hanukah and Christmas contest. Ms. Oyer was saddened to see the City using a less formal agenda format using Arabic numbers instead of roman numerals as contained in Roberts Rules of Order. She assumed it was done because individuals cannot remember roman numerals, which are used in other government documents, watches and clocks and other locations. She requested a formal style agenda be used. She left examples of formal meeting style agendas she obtained from the internet. Rashad Burns, 2851 Avenue H East, advised he worked at the Hester Center and was a camp participant from the age of 5 to 12; a junior counsellor from 13 to 19; and a paid staff member from 19 to 23. The City has greatly changed him. He lost his mother while in camp and he was glad he was in an environment where he could forget about those L Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 things and he gave thanks to the Hester Center staff. Being a junior counsellor taught him he was an extension of the staff, to encourage and console youth, to be slow to anger instead of quick to react, and listen instead of talk. One of his most profound lessons as a paid staff member is learning what goes around, comes around. If it was not for the City dealing with youth, he would not have lasted. Staff taught him more than anyone, but youth taught him even more. Anitra Burgess, 504 NW 11TH Avenue, explained she is a parent that always brags about the Hester Center. The prior speaker was her son's counsellor and she praised him as her son is a whiner and Mr. Burns calms him down. Her daughter is 18 and she started at the Center in elementary school and is also a junior counsellor. The Center teaches leadership, guidance and structure. They have computers available and great aftercare programs. The Center is always open on time and in the evening and one can always call them if there is a problem picking a child up. She praised the Hester Center, staff and the youth. Juan Fernandez, 5181 Cedar Lake Road, explained he is a karate instructor at the Civic Center and there is a new program there which grew significantly.. Marshall Arts teaches discipline and focus and they also teach sport karate. The school has programs for youth aged 5 to 13 and will be expanding in, January. Mr. Fernandez explained the school is considered the best karate school north of Ft. Lauderdale. The South Florida Karate League uses the National Federation of Karate as the main regulator. His five year old students competed and brought medals home. The competition has pretty high standards and they made adjustments to accommodate more competitions. They were the only school that was accepted by South Karate League Winter Tournament. Stephanie Dieudionne, soon to be a homeowner in Boynton Beach, advised she is the mother of an eight year old who goes to karate at the Civic Center and she has seen dramatic changes in her son since he started. He had attended a competition and took home three medals. She sees a confidence in him and the karate team is like a family. Karate helped her son stay away from video and T.V. and she was looking forward to the extension of the program and thanked the City for it. Dawn Sandoval, 425 W. Ocean Avenue, explained her two daughters are taking karate and she has already seen a change. The program sparked a fire in them, they are more focused and they like the program more than any other activity they undertook. She thanked the City Commission for the program and hoped it would continue. Woodrow Hay, 427 NW 5th Avenue, challenged the City Commission to take the National No Shave program over the next few days in recognition of prostate cancer. He noted the statistics are very high for prostate cancer in some cultures and he urged men to be checked. He commented if prostate cancer is caught early, it can be treated and one can go on to live a normal life. Mayor Grant accepted the challenge. 1 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Herb Suss, 1711 Woodfern Drive, noted a program by National Geographic called "Before the Floods." He suggested all on the City Commission view the video as it will open their eyes. The youth present today will grow up in a world with floods and more storms He emphasized one remedy to the issue is to vote next Tuesday, and remove the officials who do not believe in climate change. Mr. Suss hoped they increase the carbon tax as carbon going into the atmosphere is beyond the limits. Greenland is losing its ice. Norway, Sweden, and Denmark are completely using solar and wind and he asked why the U.S. could not do the same thing. He commented islands are disappearing and fracking causes earthquakes and impedes aquifers. He challenged the Commission to urge the Federal and State government to support climate change before the floods come. Lisa Browne Banic, 720 E. Ocean Avenue, a proud veteran, explained they held a Stand Down event on Saturday. She read a letter from Case Manager Specialist for Veterans Programs, Susan Thomas, Salvation Army Center of Hope on a fantastic event at the beach on Saturday. She commented the activities aid in the resolution of many mental health issues veterans face, such as PTSD, addiction, grief, depression and anxiety. She advised it was rare to see such excitement from the veterans. Ljubica Rom, 83 Sandpiper Way, commented the Blazers promote family, comradery, competition and confidence, and she announced three of the girls set a record which still stands from two years ago. She invited the City Commission to the next meeting at the YMCA located at 2424 Lyons Road, Coconut Creek, at 8 a.m., on November 19th Minister Bernard Wright commented he was the strange -man that went around the pool taking pictures as there were not many people in the pool. He was a diver and swimmer and is a community activist. He explained the problem was the neighborhood children did not get the hours they need. The neighborhood youth would swim in the morning, but they were being charged when. years ago they were not. He commented the issue was resolved. Mr. Wright advised he does not drink, but he would get in anyone's face when there is a cause. Minister Wright had a letter sent to a friend of his who was arrested a week ago'. The Police searched his truck and found four bags of marijuana for personal use. He also had $1,300 on him which the Police confiscated. He read an October 27th letter from the Police Department indicating $1,300 was seized and the City was seeking forfeiture of listed property and the $1,300, pursuant to Florida's Contraband Forfeiture Law. He commented the Contraband Act requires the money to have a nexus with criminal activity. He had another letter indicating the Police Department was willing to offer a 60/40 split of the seized currency as settlement to avoid any further administrative and legal costs. Rev. Wright explained the statute indicates only the courts can seize funds and the cited statute was not applicable to this situation. He commended the Boynton Beach Police Department, but questioned how the Police could build a dialogue with the residents when they are extorting people and why the Police would participate in a crime. He asserted it is corruption and wanted the Commission to look into the matter 10 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 and give a response. He asked how long this was occurring and questioned how long it would continue to occur: Mayor Grant explained he should speak to the State Attorney. Piotr Blass, 113 W. Tara Lakes Drive, explained he was president of the Children's Rights Council in Florida and the conflicts around children must stop. He requested the Police Chief be asked to step in and stop any disturbances. When he was in Warsaw, he also went to the school he attended 60 years ago and saw wonderful youth. He suggested getting a Rabbi or Swami to give the invocation in the future. He also commented presidential candidate Jill Stein was one of his students in his Harvard calculus class and he was also an independent write-in candidate. No one else coming forward, Public Comments was closed 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: Arts Commission: 2 Regs and 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Recreation & Parks Bd: 1 Reg Senior Advisory Board: 2 Alts Motion Vice Mayor McCray moved to appoint Andrew Podray to the Building Board of Adjustments and Appeals. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Katz moved to appoint Daniel Shapiro to the Recreation and Parks Advisory Board. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 11 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 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. R16-141 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of $18,256.44 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor and authorize the City Manager to sign the agreement. B. PROPOSED RESOLUTION NO. R16-142 - Authorize the City Manager to sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for DUI enforcement. Assistant Chief Snow explained the overtime funds were used on saturation patrols for DUI enforcement and for educational components within City schools. Mayor Grant asked if any of the fatalities that occurred since he was elected were a result of a DUI;, Assistant Chief Snow did not know. Vice Mayor McCray noted there was a fatality in District II the other day where a woman and her daughter were killed. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R16-143 - Authorize the City Manager to sign a four (4) year agreement with Tanner Industries Inc. of Southampton, PA for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an estimated annual expenditure of $100 per month ($1,200 per year). D. Approve Amendment 2 to Task Order #U -1A-01 with Globaltech, Inc. in the amount of $83,669 for additional construction management services for the Raw Water Main - Section C project. E. - Accept the written report to the Commission for purchases over $10,000 for the month of September 2016. 12 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 F. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for November 1, 2016 -'.'Request for Extensions and/or Piggybacks". G. Approve a $5,000 donation to GBDC Entrepreneurship Institute to support the Juvenile Detention Alternatives Initiative (JDAI) program from. the Federal Forfeiture Law Enforcement Trust Fund. Assistant Chief Snow explained the GBDC program is an entrepreneurial program for those aged 9 to 21. There are four different programs with a focus on entrepreneurial engagement in the community to reduce school drop-out rates and crime. Motion Commissioner Romelus moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed H. Approve a price increase for two items from the City of Boynton Beach and City of Delray Beach Joint Bid for the "Annual Supply of Medical Supplies and Medications"; Bid No. 044-2210-16/JMA. I. Approve award of the bid for "Printing and Mailing Services", Bid No. 077- 1210-16/JMA to Graphic Authority Corporation of Coral Gables, FL for the printing and mailing of the City of Boynton Beach 2017 Calendar and FY16 Annual Report. Estimated costs of printing and mailing services is $22,500, estimated costs of postage is $11,000. J. Approve the minutes from the Regular City Commission meeting held on October 18, 2016 and the minutes from the Special City Commission meetings held on October 10, 2016 and October 18, 2016. Motion Commissioner Katz moved to approve the Consent Agenda seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 13 Vice Mayor McCray Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 A. PROPOSED. RESOLUTION NO. R16-144 - Authorize the City Manager to sign Task Order U -2C-03 with Carollo Engineers for GIS work in connection -with the Utilities Management Optimization Project with a not to exceed amount of $139,700. This is in accordance with the approval of RFQ 017-2821-14/DJL, General Consulting Services, Scope C as approved by the City Commission on July 1, 2014. Vice Mayor McCray requested further information on this item. Colin Groff, Assistant City Manager - Public Services, explained this is a task order to continue to update utility maps to reflect accurate locations of all utility lines. It is a central service for Utilities to have updated maps. The project was started in 2014. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. Award the Bid for the "Replacement of the Roof and HVAC System for the Pistol Range" to Al Property Services Group of Miami, FL as the most responsive, responsible bidder for the submitted bid amount of $167,307. Staff is requesting a 10% contingency of $16,730 for a total approved amount of $184,037. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT A. Authorize increasing the annual expenditure for the "Re -Bid for Pre Chlorinated Pipe Bursting of Potable Water Mains", Bid No. 036-2821-16/TP, for a two (2) year period from an annual amount of $400,000. to $1,000,000. This is purchased on an "As Needed Basis". Tim Howard, Assistant City Manager - Administrative Services, explained in May, the City opened a bid for pre-clorinated pipe bursting for potable water mains, which was awarded by the Commission. There was an estimated annual expenditure for $400,000 that Utilities would be using for different projects. Since then, the Capital Improvement 14 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Program was .approved and after reviewing the projects pending for the next few years, it is anticipated they will spend about $1 million on an as -needed basis. The item was on the agenda to alert the City Commission the expenditure would be about $400K over the original estimate. When they finalized the projects and what is coming up now, the value will go up. It will not affect the General Fund. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Vice Mayor McCray was asked when the barricades on Woolbright Road will be taken down. Mr. Groff explained the contract was delayed 90 days. The Department finished testing the pipe and restoration would start late this week or Monday and last five weeks. The mess today on Woolbright Road was because the Department had to install valves in the road which would be finished and re -opened tomorrow. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-145 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. Attorney Cherof explained the next few items are ratifications of collective bargaining agreements which Julie Oldbury negotiated on behalf of the City Manager and City Commission. They items could be address in one motion. Motion Commissioner Romelus moved to approve all items. Vice Mayor McCray seconded the motion. Mayor Grant announced Resolution No.'s. R16-145 through to and including R16-149 would be approved. Vote The motion unanimously passed. 15 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Vice Mayor McCray thanked staff as it was not an easy item. PROPOSED RESOLUTION NO. R16-146 - Approve and ratify the reopened and amended Articles: Wages, Insurance, and Pension of the Collective Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City and authorizing the City Manager to sign the Addendum to the Collective Bargaining Agreement. B. PROPOSED RESOLUTION NO. R16-147 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. PROPOSED RESOLUTION NO. R16-148 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City. PROPOSED RESOLUTION NO. R16-149 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Lieutenants and the City. B. Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. Mayor Grant noted Commissioner Casello had wanted to discuss this item. The required change would need to be on the March ballot for the City, but this election cycle did not require the entire City's vote and it would be an additional cost to make this ballot initiative available for the entire City. Mayor Grant opposed it because with the 50% plus one rule there was a majority of residents voting for an elected official. He did not want it on this year's ballot and favored seeing if there would be any items for the 2019 ballot along with any other changes to the Charter. He did not want to see only one item for this election cycle which would affect the next election cycle. Vice Mayor McCray did not want one for 2017. It is a City-wide issue and all need to voice their opinion. David Katz, 67 Midwood Lane, explained the last time the Charter was changed was in the 2013 municipal election and advised he served on the Charter Review Committee. The Committee discussed the item and requested changing the 35% rule to the 50% plus 1 which the Commission and voters approved. There were three other items also placed on the ballot that were also approved. He did not think it should be placed on the ballot at ,any time as it was previously approved by the voters. In 1995 it was changed to 35% because with run offs, anyone who received at least 35%, they had won the election. The idea behind bringing it back on the ballot was with a run-off, 65% of the people did not vote for the person. They thought no matter what the cost for the 16 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 run-off, it was more important to protect the rights of the 65%. He wanted to keep the status quo. Herb Suss, 1711 Woodfern Drive, thought the City could spend the extra money for the 50% plus 1 on other items and whoever wins, would win. He felt the same way with federal elections as the electoral college is obsolete. He favored eliminating obsolete methods. He did not favor spending the funds to re-evaluate the 50% plus 1 and favored elections returning to the majority of the will of the people. Commissioner Katz did not know what Commissioner Casello's position was and favored tabling it to the next meeting to allow him to talk about it. Mayor Grant commented if tabled to December, it is unlikely to make it to the ballot. Ms. LaVerriere advised the language could be submitted until the end of the first. week in February. It can be discussed in December, and an Ordinance adopted in January. Motion Commissioner Katz moved to table the item to the first meeting in December. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED RESOLUTION NO. R16-150 - Approve the issuance of a "Notice of Intent" (NOI #2016-01) to adopt pending amendments to the City's Land Development Regulations (LDR) related to the siting and installation of wireless communication facilities (WCF) located within rights-of-way in the City limits. Attorney Cherof read proposed Resolution No. R16-150, approval of issuing of a Notice of Intent, which is the start of a process for a moratorium to allow staff time to study wireless communication facilities in rights -of -ways in the City limits. The City anticipated 17 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 requests coming in for construction of these types of facilities which are small towers. Staff has not had the opportunity to evaluate this on a City-wide basis. This would return to the City Commission for more detail and public hearing. He requested approval of the Resolution. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-136 - Approve the Declaration of Restrictive Covenant for the project known as STOR-ALL LUXURY RV AND BOAT STORAGE to be recorded with the property. (TABLED ON October 4, 2016) Motion Vice Mayor McCray moved to remove from the table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Attorney Cherof explained this was a prior item regarding a restrictive covenant with a previous approval of the Store -All Luxury RV and Boat Storage site plan. It was tabled regarding a dispute on some of the language in the declaration of restrictive covenants. He and staff reviewed the application, the documents of the quasi-judicial proceeding before the City Commission, and the proceedings and notes from when the Planning and Development Board reviewed the item. The revised declaration of restrictive covenants is consistent with the site plan approval and Conditions of Approval. He requested the City Commission approve Resolution R16-136. Vice Mayor McCray asked if this was discussed with counsel for the applicant and learned a draft was sent to Attorney Marty Perry representing Stor-All. It was acceptable to them. Motion Vice Mayor McCray moved to approve. Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 Mayor Grant commented this pertained to the City Commission condition that the developer shall submit a restrictive covenant for review by staff and approval by the City Commission that limits the principal use of the property to the storage of luxury Class -A recreational, vehicles and motor boats on trailers and limits accessory uses to other uses depicted on the approved site plan. He commented the issue is if they approve the other classes. Attorney Cherof explained it would approve class A, B and C. The application did not restrict the application to class A. The classifications of Classes A, B and C are not provisions of City Code or State Statute as they are a manufacturing classification. Class A is the large bus -style motor homes. Class B would be a conversion van and Class C vehicles are on a different chassis and are more traditional that most people have. Mayor Grant asked if all the other conditions applied, and learned they did, but the right of adjacent property owners to enforce the restrictive covenant was removed as there is no basis in law to allow adjacent property owners to do so. The restrictive covenants are enforced by the City. Adjacent property owners observing a violation would notify City staff who would put the property owner on notice. If there was no resolution, it would come to the City Commission for authorization to enforce the restrictive covenant through court action. There would be a mandatory injunction and the City could revoke the license. Commissioner Katz was caught off guard as he thought. Stor-All was catering to a certain level of clientele that would restrict undesirable vehicles from the area. Through negotiations with the City Attorney, a stipulation was added that no vehicle other than boats could be towed and stored there such as trailer hitch pop ups were permitted. This item vetted many of his concerns. Vote Commissioner Katz seconded the motion that passed 3-1 (Commissioner Romelus dissenting as she opposed the project.) 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. B. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F..S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. December 6, 2016 19 Meeting Minutes City Commission Boynton Beach, Florida November 1, 2016 D. Monthly Departmental Presentations: Human Resources/Risk Management - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. Update and direction on the City's workforce housing ordinance; Chapter 1, Article V, Section 2, Workforce Housing Program - November 15, 2016 F. Interlocal Agreement with CRA for Community Standards Outreach position - November 15, 2016. G. The Brass Tap (COUS 16-006) — Approve request for Conditional Use for a Bar & Nightclub to allow liquor sales at an existing restaurant, located at 950 N. Congress Avenue, Suite J-100, in the Boynton Village .& Town Center development, in the Suburban Mixed Use (SMU) zoning district. (Conditional Use approval is required in connection with the request for approval to sell liquor. The sale of liquor is projected to increase revenues from the sale of alcohol to over 51% of total sales, which changes the use from a "Restaurant" to a "Bar & Nightclub" use.) Applicant: Matthew Baum, Craftmade Boynton, LLC dba The Brass Tap. - 11/15/16 H. Smart Starts Day Care (COUS 16-003/MSPM 16-006) — Approve request for Conditional Use approval associated with a request for Major Site Plan Modification approval for conversion of a 13,640 square foot office building to a day care facility and related site improvements, located at 3452 W. Boynton Beach Boulevard, in the C-1 (Office Professional) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. - 11/15/16 16. ADJOURNMENT Vice Mayor McCray and Commissioner Katz moved to adjourn 8:13 p.m. (Continued on next page) 20 Meeting Minutes City Commission Boynton Beach, Florida ATTEST JudJit�A. 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