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Minutes 06-06-17MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JUNE 6, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz. Vice Mayor Joe Casello, Commissioner Mack McCray, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Minister Bernard Wright gave the invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. ROLL CALL Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner McCray moved to approve the agenda. Seconded by Commissioner Romelus. Meeting Minutes City Commission Bovnton Beach. Florida Vote Unanimously passed. 2. OTHER A. Informational items by Members of the City Commission June 6. 2017 Commissioner Casello attended the Veterans Memorial day service at the Memorial Park, attended the Sara Sims Neighborhood gathering regarding the Sara Sims Park Master Plan with Michael Simon, Director of Boynton Beach CRA. It was a very spirited and informative meeting. Commissioner Romelus attended the Institute of Municipal Elected Officials conference in Tampa. She came back with a reaffirmation that Boynton Beach has the best staff in the State of Florida. She explained when you put Boynton Beach up against others in the State, by comparison we doing things by leaps and bounds. Commissioner Romelus attended the Palm Beach County Housing Summit; it was a good opportunity to see what others are doing. She indicated there needs to be a deeper level of commitment to create workforce and affordable housing for our employees. Lastly; the Temporary Protected Status renewal of 6 months was granted by the current administration, she stated that this was not enough. Commissioner McCray attended the Class of 2017 graduation at Boynton Beach High School, attended the First Responders meeting at the Catholic Church; he wanted to note that he was the only elected official at the meeting. He initiated a meeting with the Heart of Boynton Beach HOA; there were some issues in District 2. Commissioner McCray attended Sara Sims Park Master Plan and it was a very informative meeting. He met with Dr. Debra Robinson, School Board member of Palm Beach County and attended the City of Boynton Beach Budget input meeting. Vice Mayor Katz advised he had nothing to disclose. Mayor Grant said on May 17th he welcomed the Yorkshire Utilities Delegation from England, gave a tour around our MIEX (Magnetic Ion Exchange) plant that is being constructed. He also attended the League of Cities installation for Commissioner Casello; as the Big City Representative. That evening he attended Bourbon Spall with Kim Delaney with the Treasure Coast Regional Planning Counsel. May 18th he went to the MPO meeting, also spoke at the Falling Officers remembrance ceremony. May 19th, attended the Cross Point's career day and attended the Technology Enterprise and Development Gala, held at Benvenuto Restaurant. May 20th attended the roof rising for Habitat for Humanity on SW 6th Avenue and was at the Graduation for Boynton Beach High; that graduation class has the highest graduation rate in Boynton Beach High School history. May 22nd attended the General employees' public pension meeting. May 23rd met with the Myers Group and visited Tech Runway which is FAU's business E Meeting Minutes City Commission Bovnton Beach, Florida June 6. 2017 incubator. May 24th visited Ms. Oyer's 7th period class at Boca Middle School and attended the Grand Opening of Baciami. He attended the Graduation at South Tech, where they stated that they have a 97% graduation rate. May 25th he was at the contractor's meeting for the Ocean Ave Bridge. He attended the Brookdale Veteran's wall dedication. May 28th attended the Boynton Beach Veteran Memorial. May 29th attended the Cancer Alliance of Hope and Health and presented a family with a huge gift basket. In the afternoon he attended the Palm Beach ' Memorial a Day for Remembrance event. May 30th attended the Palm Beach County Road impact fee meeting with the MPO. In Palm Beach County there is a road impact fee put on all new development. Currently it is only designated for road capacity and not mobility. He said that is why the City of West Palm Beach and Palm Beach Garden are doing a mobility study. He said that he thinks that the City of Boynton Beach needs to do mobility study, so that the funds remain in the City and not given to the County. Mayor Grant met with Debra Robinson from Palm Beach County School Board, attended the last Club Scout meeting of the season. He said that they are looking for a new den leader. May 31St he attended Freedom Shores Elementary graduation and the Housing summit that evening and Sara Sims Community event. June 1St Non Prophet Brewery was awarded a grant from the City of Boynton Beach. June 3rd attended Children Oasis International and had the monthly Town Hall meeting at Fire Station 5; and the after event at Brass Tap. June 5th gave an interview at Palm Beach Gardens for WPBF channel 25. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Senator Jeff Clemons and Representative Lori Berman will provide an update on the recent legislative sessions. Mayor Grant explained that Senator Jeff Clemons and Representative Lori Berman • were unable to attend. Cancelled due to special session in Tallahassee. B. Announce a Special Commission meeting on June 12, 2017 at 6:00 PM in the Commission Chambers concerning update on the Town Square Project Mayor Grant announced that a Special Commission meeting is being held on June 12, 2017 at 6 PM to give an update on the Town Square Project. C. Announced that the July 5, 2017 Commission Meeting has been cancelled. Mayor Grant announced that the July 5, 2017 Commission Meeting has been cancelled. D. Announcement of the annual change to free chlorination of the water supply from June 9, 2017 through July 7, 2017 3 Meeting Minutes City Commission Bovnton Beach, Florida June 6, 2017 Mayor Grant announced that the annual change to free chlorination of the water supply from June 9, 2017 through July 7, 2017. Mr. Colin Groff, Assistant City Manager, introduced Joseph Paterniti, the new interim Utilities Director. Mayor Grant wanted to know if some people that are sensitive to chorine and tropical fish and plants can be affected by this chlorination. Joseph Paterniti Interim Utilities Director, explained that he did not believe it would affect the public in that manner; it is just a high level shock to the system, to help clean the system. Lori LaVerriere, City Manager, said that this is a requirement, this helps to sanitize the system, and there may be a minor choline taste. Commissioner McCray asked if this would affect patients that are on dialysis. Mr. Paterniti said it will affect those that are on dialysis. E. Announce the Cocoanut Dreams exhibit and reception by Debby Coles-Dobay, Public Arts Manager Mayor Grant announced the Cocoanut Dreams exhibit. Debby Coles-Dobay, Public Arts Manager, invited everyone to the Cocoanut Dreams exhibits reception 5-7pm. by historians and authors, Janet DeVries and Ginger Pedersen at the City Library, 208 S. Seacrest Blvd. An exhibit of 30 black and white, sepia, and hand tinted photographic images circa 1922 by photographer A. Romyn Pierson, III. The photographs rescued from an eBay scrapbook, were taken between 1912 and 1922. She stated that the Public will be able to take a seedling home. F. Announce the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on SATURDAY, JULY 1ST. Activities will begin at 6 pm, and the fireworks are scheduled to start at 9 pm Mayor Grant announced the "Fishing for Fireworks?" event on Saturday, July 1St Amy Blackman, Superintendent of Parks, announced July 1St is slated for "Fishing for Fireworks?" event, to be held at the Intracoastal Park, on Saturday, July 1St. Activities will begin at 6 PM and the Fireworks are scheduled to start at 9 PM. At 6 pm there will be the Kids Corner, at 6:30 Dee Dee Wilde Band, at 7:30 there will be the 80's tribute show featuring On the Roxx Band, and at 8:45 there will be a Patriotic Salute then at 9 PM there will be Fireworks. Mayor Grant informed the Public this week is tire amnesty week. Please place them on the curb and they will be picked up. 0 Meeting Minutes City Commission Boynton Beach, Florida June 6, 2017 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) Ben Decker and Joseph Hayes, founders of The Global Change Challenge Club at Freedom Shores Elementary announced their mission is to take action to insure the comfort of children that are hospitalized in our own neighborhood and to inspire other students globally to take action by collecting and distributing pajamas. They want to make a child smile one pajama at a time. They are hoping to make a connection with a school in Finland to carry on their mission. Statistics indicate 6.4 million hospital stays for children 17 years and younger in 2009. They disrupt the child's life and can interfere with normal development. Children may not understand why they are in the hospital. They want to make it feel like home, like wearing a big hug. A testimonial: Christy said, our son may go to the doctor for a checkup and end up admitted to the hospital. These kids do not want to wear hospital gowns. Day and night is all the same in the hospital, so if they can have a different pajama in the morning than at night it will give them a sense of normalcy. Mayor Grant stated that he will take this information to Finland. Susan Oyer, 140 SE 27th Way, thanked Mayor Grant and the Fire Chief and staff, that supported her wrist band fundraiser raising $2,600 she were able to plant 10,800 in Tanzania for a four year total of 16,800 trees planted. She stated that the basketball court lights needs to be on later. She asked about One Boynton where they are painting everything white. Then 500 Ocean is on Ocean Avenue they are. painting terracotta. Why is there is no oversight? Why not an ocean color. Commissioner Casello asked what types of tree are being planted. Ms. Oyer stated they plant trees that are appropriate for the area. Forest Nation is excellent,. 100% of money that is donated is used to purchase trees. Commissioner McCray raised a question in regards to the basketball courts being lit up till midnight, what is the time that the parks closed? Mr. Jared Smith, Chief Operating Officer, Delray Medical Center, expressed his appreciation the empathy for the children. On behalf of Delray Medical Center he made a donation of $500 for pajamas. He said that he would also thank the City of Boynton Beach on behalf of the 1500 employees, 600 physician and 300 volunteers. For recognizing May as Trauma Awareness Month. Since 1981 both St. Mary's and Delray Medical Center has served the County as a trauma center. Both hospitals are level 1 accredited, the highest achievement in .the State of Florida. Mr. Smith said prior to the Health Care District of Palm Beach forming in the late 80's, the mortality rate for trauma patients was 50%, today it is less than 3%. . 5 Meeting Minutes City Commission Bovnton Beach, Florida June 6, 2017 Rick Maharajh, Logitech 1375 Gateway Blvd, wanted to commend Officer Nicole Loshelder for being Boynton Beach Police Officer of the year. He wanted to switch gears to June 6, 1872, when Susan B. Anthony was fined for voting illegally after voting rights had been extended to African American men, by the 15 amendment. She attempted to extend the same rights to women; she .was arrested and sentenced to pay $100. After her death in 1906, and five decades of tireless work both Democratic and Republican parties endorse women rights. June 6 1944 was the largest amphibian landing in history on the northern coast of France. At the end of the day, 15000 soldiers were killed and wounded. Mayor Grant asked for a moment of silence for those lost their lives in the fight for our freedom. Carlos Palicur, Maribelle Village, Chief of Security, was present to support the Nuisance Ordinance and inform the Commission that there have been 661 calls to this property, 36 overdoses, 21 arrests. There is something that needs to be done with this property. In addition, there are people that own property that are thinking of moving out of Boynton Beach. Dr. Piotr Blass, 113 West Terra Lakes Drive, in his opinion the board is fantastic. I have all types of plans, what is in my heart, recently looked in the mile high building. The TPS is a move toward green cards. He said that he worked with Frederica Wilson on some immigration issues. . Willie Akins, 726 NE 1St Street, wanted to thank District 2 for coming out to the meeting on the Sara Sims Development project. Commissioner McCray wanted to go back to his question, but he was interrupted for the third time when asking staff a question. If it is clear across the board it should be fair for all of us. Wally Majors, Recreation and Parks Director, explained that at those parks with active amenities are open to 9 or 10pm. If there are no amenities the park will close at sunset. Mayor Grant asked if it was possible to change the time. Mr. Majors said the hours are set by his position unless there is a policy decision by the board, we can make that decision. Mayor Grant asked if the lights were on a timer. Mr. Majors stated that the tennis courts and basketball courts are on a timer. Commissioner McCray asked about the Sara Sims Park. Mr. Major stated that the Sara Sims Park is also on a timer and they close at 10. Commissioner Romelus asked if there is a reason why Betty Thomas Park is open till midnight. Mr. Majors responded there must be a problem with the timer. Commissioner Casello said that he would suggest that whatever the Commission decides to do is to give that information to the Parks and Recreation Advisory Board to make a recommendation. Vice Mayor Katz said that he would suggest that the 0 Meeting Minutes City Commission Bovnton Beach. Florida June 6. 2017 Commission speak with the police as well. Mayor Grant said if anyone wanted to have the lights on later than usual, they need to go before the Parks and Recreation Board. No one else coming forward, Public Audience 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: 1 Alt Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Library Bd: 2 Regs and 1 Alt Recreation & Parks Bd: 1 Alts Planning & Development Bd. - 1 Reg Senior Advisory Bd: 2 Alts Mayor Grant read the vacancies. Motion Vice Mayor Katz nominated Alice Warren to the Library Board. Motion seconded by Commissioner McCray. LWO Unanimously passed. Motion Vice Mayor Katz said there were a handful of applicants. He said that he will start a trend, When, there are multiple applicants if there is someone who currently sits as an alternate, he believes that the applicant is waiting to become a regular member. He said he will personally make sure that alternates are selected first. Vice Mayor Katz nominated Steven Palermo to the Planning and Development Board. Motion seconded by Commissioner McCray. Vote The motion passed 4-1 Commissioner Romelus dissenting. Commissioner Romelus stated that she does not agree with whether they are an alternate or not. Everyone should be given an opportunity to serve on the board. 7 Meeting Minutes City Commission Boynton Beach, Florida June 6, 2017 Vice Mayor Katz said that in conjunction with the fact that Mr. Palermo has over 30 years of experience in engineering and he has been an alternate, made him his first choice. Commissioner McCray recalled it has been the practice to move the alternates up, as a thank you for service. B. Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference at the World Center Marriott in Orlando, FL, August 17-19, 2017 and a workshop on August 16, 2017. Motion - Commissioner McCray moved to approve the motion for three to attend. Seconded by Commissioner Romelus. Vote The motion unanimously passed C. Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 17-19, 2017. Motion Commissioner McCray moved for Mayor Grant to be the voting delegate. Commissioner Romelus seconded the motion Vote The motion unanimously passed. D. Authorize the Mayor's travel to Rauma, Finland on June 21, 2017 to lead a delegation to meet the Mayor of Rauma. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Commissioner McCray said that since this is no charge for the City he is in agreement. Vote The motion unanimously passed. r� Meeting Minutes City Commission Bovnton Beach. Florida 6. CONSENT AGENDA June 6. 2017 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 Commissioner Casello pulled item A from the Consent Agenda and Mayor Grant pulled item E. A. PROPOSED RESOLUTION NO. R17-052 - Approve and authorize the City Manager to sign a Lease and Easement Agreement with Florida Power & Light (FPL) to enable installation of Solar Canopies at Boynton Beach Oceanfront Park and Congress Avenue Barrier Free Park. Mr. Jeffery Livergood, Director of Public Works and Engineering, said the representatives, Sophia Eccleston and Anuj Chokshi from FPL (Florida Power and Light) may have a PowerPoint presentation. Mr. Livergood said several months ago FPL came to the City as part of the Solar Now program to place solar trees. Mr. Livergood said that FPL will be placing two solar trees on City property. The. representatives asked if they could place two solar trees to demonstrate how the power would work. FPL also offered the cantilever panels. The City explored the option at Ocean Front Park. Mr. Livergood stated that there have been problems with the poles at the park with the maintenance. This is to be expected with steel poles. These poles have been a maintenance headache with corrosion. This was an opportunity to replace the poles with the solar panels. He said that he is excited because the City is getting rid of the maintenance problem. They are at no cost to the City for 25 years. The power will go into the grid. FPL will pay $4,000 to lease the space where the panels are placed. There is an excellent opportunity to create an education kiosk. Anuj Chokshi FPL representative said since FPL last spoke there has been an increase of new participants. Mr. Chokshi said there are now 450 participants, to support solar and clean energy. This is a voluntary program for residents to make a contribution of $9 per month. FPL takes those contributions to support solar awareness in Florida. The solar trees are a direct result of the contributions from the residents of Boynton Beach. Commissioner Romelus asked if this meant it will lower the residents' FPL energy bills. Commissioner McCray suggested when the discussion of the Sara Sims Master Plan is convened, this would be something that the City needs to look into how solar can be used for the Sara Sims Master Plan. Meeting Minutes City Commission Bovnton Beach. Florida June 6, 2017 Mr. Livergood indicated the foundations for the solar trees are going in now. Mayor Grant wanted to thank the City of Boynton Beach for their contribution. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R17-053 - Approve and authorize the City Manager to sign the Mutual Aid Agreement between the City and Phillips and Jordan for hurricane/disaster debris removal as provided for under the Solid Waste Authority's Mutual Aid Agreement No 17-204B with the same terms and conditions. Contract Period: May 8, 2017 - May 7, 2022 C. PROPOSED RESOLUTION NO. R17-054 - Approve and authorize the City Manager to sign an End User Professional Services Agreement with Thompson Consulting Services for debris monitoring services. Contract Period: May 8, 2017 through May 7, 2022 D. PROPOSED RESOLUTION NO. R17-055 - Approve and authorize the City Manager to sign the proposal from Con Tech Building Corporation of Delray Beach, FL in the amount of $46,596, plus a 10% contingency of $4,660, for a total estimated cost of $51,256 for the purpose of completing bridge repairs that were recommended by the Florida Department of Transportation. E. Approve utilizing the City of Miami Beach's Contract ITB -2014 -191 -SW for interior and exterior .painting and waterproofing for the fiscal year 2016/2017 from Hartzell Painting Contractors of Pompano Beach, FL for an estimated amount of $75,000. The City of Miami Beach's procurement process satisfies the City's competitive bid requirements. Mayor Grant said the reason he pulled this contract; it is for the end of this fiscal year. Beginning next year, 17/18, the City will try to get local contractors and use the Community Wealth Building program. This is the last time the Commission should see this. 10 Meeting Minutes City Commission Bovnton Beach. Florida Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed. June 6. 2017 Commissioner Casello seconded the F. Approve reduction of a Performance Bond No. SU40078 by the amount of $824,717.30 from $1,232,294.80 to $407,577.50 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Casa Del Mar project. G. Approve the release of the performance bond No. 016059438 in the amount of $43,312 and a surety bond in the amount of $16,638.80 for the project known as Vista Lago in connection with the water and sewer utilities. H. Approve . the reference generator as surplus equipment as submitted by Utilities and Warehouse departments and allow the City to use online auction website, Govdeals.com as the disposal method for this and various other future surplus. I. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2017. J. 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 June 6, 2017 - "Request for Extensions and/or Piggybacks". K. Approve the minutes from the Regular City Commission meeting held on May 16, 2017. Motion Commissioner McCray moved to approve the Consent Agenda Romelus seconded the motion. Vote The motion unanimously passed. 11 Commissioner Meeting Minutes City Commission Boynton Beach, Florida June 6, 2017 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL and LESC, Inc. d/b/a Law Enforcement Supply of Coconut Creek, FL for an estimated annual amount of $175,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. Motion Commissioner McCray moved to approve the task order. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. There was no public comment. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion and direction regarding draft amendments to the Workforce Housing Program. Andrew Mack, Director of Development, said that he is excited to present the first draft proposals. He gave a time line of the ordinance as follows: Proposals solicited to update 2006 housing study — 9/13/16. Metro Study engaged to update housing study — 10/17/16. Workforce housing ordinance suspended (1 Year) — 11/15/16. 12 Meeting Minutes City Commission Bovnton Beach, Florida June 6, 2017 Draft housing study received — 2/17/17 & 3/03/17. Final housing study received — 3/24/17. Strategic Plan Workshop held — 4/19/17. Draft workforce housing program amendments completed — 5/26/17. Mr. Mack advised the objectives were for both long term and short term. Short Term, the City will provide flexibility in the workforce housing program. Encourage participation through incentives., Update outdated data with current market data. Long Term (Future Amendment) Comprehensive review of land development regulations to incentivize workforce housing. Overlay regulations, micro units, flexible lots sizes, accessory units, parking reductions. - Mr. Mack outlined some of the key changes in the current program as follows: Conversation from mandatory to voluntary program. Utilization of Downtown Transit -Oriented Development District (DTODD) density bonus as incentive for workforce housing. Adjustment to set-aside percentages to increase participation. Addition of in -lieu fee option for rental projects. Adjustment of in -lieu fees based on current market data. Other considerations: Deeds require restrictive covenant for workforce housing requirements. Thirty (30) year term for fee simple projects. Thirty (30) year term for rental. Mr. Mack wanted to know if the household income targets were acceptable with 25% of workforce units for Low Income (50% to 80% AMI) 75% of workforce units for Moderate Income (80% to 120% AMI). Commissioner Casello inquired if the 25% bonus workforce unit for low income, just in the TOD (Transit Oriented District) section. Mr. Mack responded any of the units that are created through the Workforce housing program with the low income would be low income. Commissioner Casello asked what low income is. Mr. Mack replied it is any income from a 50% to 80% of area median income. Commissioner Romelus advised it was $46,000. Mr. Mack explained that the average median income is $46,000. So it would be 50% of $46,000 for low income. Mayor Grant explained the way in which workforce housing works with either reduced rent or reduced purchase price. Mayor Grant asked how we qualify their income. Mr. Mack, said the City would usually look into the tax returns. Commissioner Casello asked what if there are multiple people that qualify for the unit. 13 Meeting Minutes City Commission Bovnton Beach, Florida June 6, 2017 Mr. Mack said it is -usually first come, first serve. Commissioner Romelus said usually these types of homes may have a waiting list. Mr. Mack said the amendments will create a voluntary Workforce Housing Program., provide flexibility in the Workforce Housing Program encourage participation through incentives, provide a balanced approach to obtain workforce housing units. Mr. Mack stated there are four options for the opt out: 1. Payment in lieu of fees; 2. Donating lands, 3. Purchase Market rate,4 Constructing offsite. Commissioner Casello wanted to know how the City came up with 40%? Mr. Mack explained that the City looked at the County,. They had some extensive due diligent done. This is based on looking at those projects. What would be equitable. Mr. Mack said he did not want to make it too high, or too low. The amendments will create a voluntary workforce program. This will encourage participation, and provide a balance approach for workforce housing. The next steps would be as follows: Incorporate recommended changes (If necessary). 7/25/17 Planning and Development Board. 8/15/17 City Commission (1St Hearing). 9/05/17 City Commission (2"d Hearing) Commissioner Romelus asked about the 40% of the units for the transit oriented district, not 40% if the entire project. Mr. Mack said initially he looked at all the units. He decided to go with the density bonus units. That way if the developers come in and could not achieve 100% of the density, all would be captured. Commissioner Romelus asked if Mr. Mack could give a realistic number. If the developer came in and wanted to build a 100 unit apartment, the City will give the developers a TOD as well as an additional 25 units, then 40% of the 25 units or 11 units would be workforce housing. Mr. Mack advised the City would usually look into the tax returns. Commissioner Romelus asked, for the payment in lieu, would that numbers go up or is it a flat rate? Mr. Mack said the City looked at the average in Boynton Beach. Commissioner Romelus said that .the average housing cost in Boynton Beach is higher than. Palm Beach County, so the numbers for Boynton Beach affordability is lower than Palm Beach County. Mr. Mack confirmed the affordability gap would be larger than what Palm Beach County has. . Mayor Grant confirmed it is just for mixed used land designations and does not apply to the high density within the TOD. Nothing would be applied to duplexes, townhomes or two story condos. i1O Meeting Minutes City Commission Boynton Beach, Florida June 6, 2017 Vice Mayor Katz asked what would be the recommendation for the deed restriction if 30 years is viewed as too substantial. Mr. Mack contended about 15 years is a good number. Developers do not like to see any type of deed restrictions. Right now he does not have a mechanism to provide the program to remain. The City could have a developer agreement at 15 years. Mr. Mack related that issue was discussed at the Palm Beach Housing Summit. At 30 years. Mayor Grant felt that this will be at the will of the Commission putting a lower number. Commissioner Casello and Vice Mayor Katz supported 15 years. Commissioner Romelus asked how much incentive the City is providing and what if this is only for the workforce housing for two homeowners. Mr. Mack said he will speak with the developers, and bring back information to the Commission. Commissioner McCray instructed Mr. Mack to go back to the developer to see what they are requesting. B. the Mayor has requested to discuss the City's legal services. Mayor Grant stated that the City is currently paying $195 hour for both partners and associates and $125.00 per hour for paralegals. Other municipal attorneys are being paid $165.a partner, $140.for the associate, $165.00 for the partner, $150. for the partners and owners. Mayor Grant said he wanted to look into the current contract to get a discount on .services, based on the amount of services used on a consistence basis or put it out to RFP. Commissioner McCray said he is the longest sitting member that has been working with Mr. Cherof and his group. The costs are in line with the services that the City is receiving. He has no issues with the legal representation. He is not in favor of moving forward at this time. Commissioner Casello believed the City has the best legal representation in all South Florida. He said in the form of transparency, when was the last time that the City has gone over the contracted amount. He wanted to know how the contract is awarded. Mr. Cherof , City Attorney responded that he works at the discretion of the Commission. The dollar amount for running the legal department is folded into the annual budget. Commissioner Casello asked if the attorney works at the will of the Commission. He said that the rates are the rates, we get premium services and the City is paying premium prices for these services. The City has explored in-house attorney or putting it out for an RFP. Mr. Cherof added, in addition to the hourly rates on certain types of work, for the retainer, it works out to less than a $100 per hour. Commissioner Casello stated that the part that is troubling for him, is that the attorney farms out cases to other attorneys for litigation. 15 Meeting Minutes City Commission Bovnton Beach, Florida June 6, 2017 Jerry Taylor, 1086. SW 26 Avenue, says that institutional knowledge is one of the most valuable assets any institution can have. In the 13 years that he served the City as an elected official, Mr. Cherof saved the City of Boynton Beach thousands of dollars over his years of service. His advice and counsel was invaluable. Mr. Taylor said that he understands for the newly elected Commission, having Mr. Cherof is invaluable. Mr. Taylor said that Mr. Cheof's firm has outstanding credibility in Palm Beach County. Having institutional knowledge such as when the City is dealing with union contracts is just one example. Lastly, if the City has something good you should stick with it. Commissioner McCray said he agreed with former Mayor Taylor, the legal firm has a great reputation, not only in Palm Beach County but Broward County as well. Vice Mayor Katz said that he agrees with the former Mayor Taylor. Once someone worked in a job long enough the person gains knowledge that is invaluable. Vice Mayor Katz said whenever he has spoken with the attorney or called the attorney he has always had a response. He stated that he takes comfort in the legal attorney. He said he does not know about the legal rates, but if the rates are comparable, why look elsewhere. Mayor Grant said that the news media informed him that the City of Delray Beach Attorney receives $210 per hour. Commissioner Romelus thought it was a good conversation to have. C. Update on the impact of the proposed increase in the homestead exemption as recently passed in the recent legislative session. Commissioner Casello said that he was in Tallahassee when this legislation passed. He said that it is easy for Tallahassee to pass this type of legislation. But it is the local municipalities that must enforce this type of law. This sounds like a great idea, but this will not decrease the taxes, this is a shift. Commissioner Casello said that the money has to be made up somehow. The increase in Homestead Exemption will be on the ballot, and it will pass. He said it is incumbent upon the elected officials to explain to our residents that this is a shift in taxes. Everything that we do as a City comes with a price tag. This will be a big hit for the services that were provided. The residents want the sidewalks, and lights. He emphasized this is not a decrease in the taxes; this money must come from some place. Losing $1.4 million dollars of the $2 million projected is outrageous. Commissioner McCray was happy that this was said. If this ever comes up he will be expecting a nay. Mayor Grant said one of the things that are done during the budget process is to show what the prior year millage rate is. If this passes the mileage rate will increase. This is a 16 Meeting Minutes City Commission Bovnton Beach. Florida June 6. 2017 decision that the Commission must make. In order to provide services, the millage rate must increase in order to provide services for the City. Vice Mayor Katz stated this is coming up on the ballot, He would advocate to vote against this new tax. He said the legislators try to make the residents believe that the taxes will go down; it will for a very small amount. Palm Beach County is known as the Donor County. These taxes will be allocated towards North and Central Florida. South Florida pays taxes that are being used in North and Central Florida. Commissioner Romelus said this is a wash, when it is balanced out, it will end up coming back to bite the resident. If this passes, the money has to be made up. The City needs Fire and Police, lighting and sidewalks. If the budget is reduced by $1.4 million, the residents need to ask where the money is coming from. Ms. LaVerriere said that the $1.4 million estimate is based on today values. The City will get the amount next year, and she believes that the amount is closer to $2 million, impact .of loss of revenue. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-012 - SECOND READING - PUBLIC HEARING - Approve the updated Chronic Nuisance Property Code. Attorney Cherof, read Proposed Ordinance No. 17-012 by title only on second reading.. Alexandria Wilson 1202 NW 5 Street, was excited when she heard that the City was going to use the residents to rebrand the City. She asked City the residents who hang out at stores and in certain areas. This law has put a strain on the residents, on where and how they can congregate. There is a lot of talk about the fish, but nothing is being said about the infection of the water. The Commission has brought up the Homing Inn, but he. does not mention that there is no low income housing in Boynton Beach. This board should look at the community as a whole, not as a standalone City. Commissioner McCray asked for clarification. If a person has a business, he is not responsible for the people outside. He has placed a no loitering sign. If the police do not enforce the loitering ban what can the owner do? When a business owner calls the police two or three times regarding illegal activity at his business, will the owner be charged. Will this be held against the business? Ms. Wilson wanted clarification as well. Vice Mayor Katz explained that individuals that call because there is a crime being committed on their property will not be held against them. They are doing their civic d uty. 17 Meeting Minutes City Commission Boynton Beach, Florida June 6, 2017 Chief Katz said that he could not have articulated it better. This ordinance establishes a problem solving partnership. Business owners that are complicit with criminal activity will have a problem with this ordinance. Business owners that want to work with the City to not allow crime on their property will not have any affect. A business owner that calls for law enforcement or fire services enforcement will not face any sanctions. Only businesses that are complicit with criminal activity are going to face any sanctions. Mark Karageorge, 240A Main Boulevard, over the years Mr. Bell has never had any crimes in his store. There have been crimes nearby. Mr. Bell is trying to discourage criminal activity. Mr. Bell wants business to continue. Mr. Karageorge said that this ordinance must be passed. The ordinance is not singling out businesses. He also stated that if the business is in compliance, there is nothing to worry about. Commissioner McCray said that he feels content now. The Chief has addressed his concerns. If the business owner calls the police to report some issues, the business owner will not have any sanctions. Clifford Bell, Manager of 100 BLK of Martin Luther King, had some things that he wanted to say. He cannot control what goes on outside the door. Mr. Bell said that if he has a problem, he will call the police. He cannot tell people where to go. This is a public business;.a lot of people are trying to do their business. The police officers come to the store with a chip on their shoulder. They believe that just because they are on the outside of the store that they are selling drugs. He said everybody doesn't sell drugs. He tried to speak with the Mayor and tried to contact Chief Katz, his number had changed. Again, he said that he tries to do the best that he can. He cannot tell people where to go. Commissioner McCray appreciated his telephone calls.. Mr. Bell and the Chief need to get together. Commissioner McCray stated that he has a City paid cell telephone. He said that Mr. Bell should be able to get with the Chief. Mr. Bell said that this is a problem. Chief Katz said that his telephone number has changed. He read it into the minutes, 561-504-9009. He said that he is happy to give it out, and he answers his telephone. Dr. Stephanie Hayden, 2181 SW 15 Ave, thanked Mr. Bell for being a small business owner. She believes there is a dispensation of coverage. The gentleman came up and spoke about the Homing Inn,. in District 3 and there are problems in District 2. She understands that there is a moratorium on the group homes. There are some underlying issues. The policing in these areas are not being done effectively. She is speaking from every experience and overall in general. There are a lot of crimes within the City. Dr. Hayden suggested the Commission should look at a change in the Police Department. W Meeting Minutes City Commission Bovnton Beach. Florida June 6. 2017 Commissioner McCray said that he just received a .call report, in District 2, there were about 5500 calls logged. Commissioner McCray stated that there are problems in this area. There needs to be more police present in this area, not policing a store. The elderly residents are afraid. The City needs more police officers, not just in District 2, but everywhere in Boynton Beach. Willie Akins 726 NE 1St Street, the President of the Heart of Boynton, commented he wanted the Chief and the business owners to come together. There are ways to come together. He said that the police and residents need to come and speak about what is going on. There are ways in which to work together. He cannot manage the business from the outside. He is willing to reserve the room at the Sara Sims Center. Vice Mayor Katz, said that he agreed with Mr. Akins' statement. In the near future he would like to'have a public meeting regarding law enforcement and the residents. The Police Chief and the officers, the Commission has the ability to rewrite what can be done. Vice Mayor Katz said that additional tools can be given to the police. Mr. Akins said most of the residents want to have more police officers; the two that we work with are great officers, but two police officers is not enough. Vice Mayor Katz pointed out additional police is a budget item. Most of the people who are vocal are not representative of the community. He said it is difficult conversation, but this needs to be done. Vice Mayor Katz said how can the City have affordable housing, in an. environment that is full of crime. He said the City and the residents need to brainstorm and come together. Commissioner McCray said in regards to getting the people to come out; he has spoken directly to the residents. He is there representative. Mr. Akins said this is not the City's fault because of the crime. He said that they need to work together. Mayor Grant said as part of this nuisance abatement ordinance a convenience business will need some type of security camera. If there is no security to keep the resident safe, he will be fined. Minister Bernard Wright, CEO of Bernard Wright Ministries, does not know what is going on. Mr. Bell cannot tell people what to do. He said he does not know what these people are talking about. Boynton Beach is not Chicago. How much crime does the City of Boynton Beach have.. The residents cannot assemble in front of these stores. Their job is to interact. There are police officers everywhere. There does not need to be a police presence at Bells Store. Mr. Bell said he is trying to do the best that he can. He keeps the area clean. The CRA will tell you that he cleans the area. 19 Meeting Minutes City Commission Boynton Beach, Florida June 6, 2017 Vice Mayor Katz stressed the individuals the City is not trying to target any businesses. He explained that where he lives, people die all the time with overdoses. The Ordinance said that any businesses that allows criminal activity will be liable for criminal activity. This is about any business that is not doing their civic duty. Now the police will have the ability to step in and step up. As you stated this business is to help the business owner to help maintain the law and order to deal with problems. He said he sees a positive thing. Mayor Grant said this is for the property owners, to be responsible for their tenants. Commissioner McCray said that there is a need for more police officers not officers to sit in front of the store. Commissioner Romelus said that she was always in support of the ordinance. She says that this ordinance will help alleviate the problems. Commissioner Casello said that everything said needed to be said. . Motion Commissioner Casello moved to approve the motion. Commissioner Romelus seconded the motion. Vote City Clerk Pyle called the roll. The vote was 5-0. B. PROPOSED RESOLUTION NO. R17-056 - Approve the Chronic Nuisance Service Costs Resolution. Motion Commissioner Casello moved to approve the motion. Commissioner Romelus seconded the motion. Commissioner Romelus questioned the cost that it would take for the property owners to come up to Code and compliance. Maybe create a fund.. Mayor Grant said that it needs to be discussed. The technology fee is recoverable. Vice Mayor Katz said that he does not think that it is the government's job to pay for a security system. Commissioner Romelus said this is just an idea for a business. What she suggested was if the City could help with the rehabilitation. Commissioner Casello moved to approve the motion. Commissioner Romelus seconded the motion. 20 Meeting Minutes City Commission Bovnton Beach, Florida June 6, 2017 Vote City Clerk Pyle called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 17-013 - SECOND READING - PUBLIC HEARING - Approve the Local Register historic designation application for the site of the Boynton School (the Children's Museum) located at 129 E. Ocean Avenue, Boynton Beach. Attorney Cherof read Proposed Ordinance No. 17-013 by title only on second reading. Motion Commissioner Casello moved to approve the motion. Commissioner McCray seconded. Vote City Clerk Pyle called the roll. The vote was 5-0. D. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to. discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016 CA005668XXXXM B Private Attorney Client Session was scheduled for Tuesday, July 11, 2017 at 5:30 pm 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: ITS/GIS - June, 2017 Public Works - July, 2017 B. Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. C. Proposed Medical Cannabis Dispensary Ordinance - 6/20/17 D. Draft workforce housing ordinance for discussion - 6/20/17 21 Meeting Minutes City Commission Bovnton Beach. Florida June 6. 2017 E. Mignano Tree Care (COUS 17-001) — Approve Conditional Use request for the stockpiling of landscape debris, located on the vacant parcel north of 301 SE 10th Avenue in the M-1 (Industrial) zoning district. Applicant: Joe Mignano, Mignano Tree Care. -- 6/20/17 F. Boynton Village & Town Center (MPMD 17-003) — Approve request for Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for the vacant tracts within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 668 apartments and 115 single-family homes, on 106.499 -acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. -- 6/20/17 G. Alta at Cortina (MSPM 17-004) — Approve request to construct 318 apartments and related site improvements on SMU Parcel 3 of the Boynton Village & Town Center master planned development, located on a 10.246 -acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C-16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Singerman LLP. -- 6/20/17 H. Quantum Park & Village South — Retail Bldg. 1 (MPMD 17-002) — Approve request for Master Site Plan Modification for Retail Building 1 of the Quantum Park & Village South Mixed Use Pod, including request for PID (Planned Industrial Development) district waiver to reduce the side setback along the west side of Retail Building 1 from 15 feet to 5 feet, on 14.27 acres located at 1080 Gateway Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Dale Lyon, Olen Development Corp. -- 6/20/17 I. Cultural District Overlay Zone (CDRV 17-001) — Approve amendments to the LANDDEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development standards, uses, and urban design. Applicant: City -initiated. -- 6/20/17 J. Boynton Beach Boulevard Overlay Zone (CDRV 17-002) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design.. Applicant: City=initiated. -- 06/20/17 K. Group Homes and Minimum Off-street Parking Standards (CDRV 17-005) Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter . 1. Article II. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. 22 Meeting Minutes City Commission Bovnton Beach. Florida June 6, 2017 Minimum Off -Street Parking Requirements that provide necessary updates, new standards, and justifications for the accommodation and regulation of group homes and parking requirements for single- and two-family dwelling units. Applicant: City -initiated -- 6/20/17 L. Medical Cannabis Dispensary (CDRV 17-003) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to add definitions that regulate the Medical Cannabis Dispensary Industry, and Chapter 3, Article IV, Use Regulations, Section 3.D, Use Matrix, Table 3-28 and Matrix Note #104 Medical Cannabis Dispensary to add the provisions and standards that regulate the Medical Cannabis Dispensary Industry. Applicant: City -initiated. 6/20/17 M. Dissolving/sunset Building Adjustment and appeal 15. ADJOURNMENT Motion Commissioner moved to approve. Vice Mayor McCray Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:55 p.m. 23 Meeting Minutes City Commission Boynton Beach, FI®rida June 6, 2017 ATTEST Judah A. Pyle, CMC City Clerk Queenester Nieves, Deputy City Clerk 24 Maore,IJust t-ommis'%e r- M M`ray 0 C missi ner - Chr'stina Romelus Co missioner - Joe Casello