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Minutes 10-03-17MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY OCTOBER 3, 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 Commissioner Mack McCray Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Tim Howard, Assistant City Manager James Cherof, City Attorney Queenester Nieves, Deputy City Clerk Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Mack McCray The members recited the Pledge of Allegiance to the Flag. Roll Call Roll call was taken. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello had no disclosures and recognized and sent prayers and thoughts for those in Las Vegas. He also noted Mark Karageorge had taken ill over the weekend and was in Bethesda Hospital. He noted Mr. Karageorge has been an advocate for the City and he requested all keep him in their thoughts and prayers. Commissioner Romelus agreed with Commissioner Casello's comments regarding Mr. Karageorge and sent thoughts and prayers for him and for those in Las Vegas. She disclosed she met with John Markey to discuss the Town Square and initiatives for affordable housing. Mayor Grant noted the Las Vegas shooting surpassed the Pulse shooting. He commented that Tallahassee does not want cities to have gun regulations and he hoped it would be a legislative item and the City would receive control over who can buy and sell guns within the City limits. He proposed a limit on the amount of guns sold. He commented the City entered the Bloomberg Philanthropic Mayor's Challenge and will compete against other U.S. cities that entered. He announced first prize was $5 million, there are four (4) $1 million awards, He advised he will bring additional information in the future. He spoke at WXEL "On the Town" regarding Ocean Avenue and the new development. He noted the City has started renovating the Old High School. On the 23rd he attended a few Hurricane Irma supply drives and on the 24th he drove a truck full of supplies to Marathon with Artist Rolando Barerro. He commented the supplies were appreciated and he thanked all who donated. He spoke with the E21- development team, attended the United Way's Breakfast of Champions, spoke with Freedom Shores 2nd and V grade students and attended St. Joseph's new park dedication and today attended the Sailfish Cafe VIP Luncheon as there is new management there and he invited all to the Library and to the Cafe. Commissioner McCray met with the Town Square Development group, and received a call regarding Mr. Karageorge being readmitted to the hospital this afternoon. He had no disclosures and advised he attended the MPO meeting in Mayor Grant's place and it was interesting. He encouraged the Commission to attend as the City is way ahead of the County. Vice Mayor Katz disclosed he met with John Markey regarding development in the Cortina area. Motion Commissioner Casello moved to reconsider the agenda and add a discussion with a final vote concerning the location of the Police Department. Vice Mayor Katz seconded the motion. 2 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Vote The motion passed 4-1 (Mayor Grant dissenting.) The item will be heard as Item 12. D. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. Mayor Grant announced the October 21St and 22nd free event and commented there are flyers in the back of the room. He indicated it is an amazing event. B. Proclaim October 15, 2017 as White Cane Safety Day. Lighthouse for the Blind representative, Elizabeth Stevens, will accept the Proclamation from the Mayor. Mayor Grant read the proclamation declaring October 15, 2017 as White Cane Safety Day. Present to accept the award was Elizabeth Stevens, of Lighthouse for the Blind. Ms. Stevens thanked the City for the proclamation and applauded the City for making the community aware of white cane users. C. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Kim Weiss, Arts Commission Chair will accept the proclamation. Mayor Grant read the proclamation declaring the month of October as National Arts and Humanities Month for the City. Present to accept the award was Kim Weiss, Chair, Boynton Beach Arts Commission. Ms. Weiss thanked the City Commission for supporting the arts program. She noted the City has 16 tons of artwork on the Avenue that will remain all year. The artwork was featured on WPBF this afternoon. Debby Coles-Dobay, the Public Art Manager was interviewed. Ms. Weiss commented the exhibit could put Boynton Beach on the map in a giant way. Commissioner McCray witnessed Ms. Coles- Dobay removing the art and suggested she wear a vest if directing traffic. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Bill Cwynar, 2701 SW 8t" Street, has lived in Boynton Beach since 1974 in the Chapel Hill area. In 2004, Hurricanes Francis and Jean impacted Florida and there was a great deal of damage and debris, but the debris was picked up within a week. Hurricane Wilma 3 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 occurred in 2005 and the debris was gone in about a week to a week and a half. He understood FEMA had made some changes and the City is looking to be reimbursed for debris removal and sometimes use contractors from out of town. He conveyed his wife thanked a crew for the removal and she walked to a second car behind the truck and two guys claimed to be the crew's supervisors. There was a funny aroma from what they were smoking. He understood FEMA is responsible for vegetative pickup, but wanted to know who is responsible for fences, garbage, sinks chairs, couches, etc. He drives through different areas of the neighborhood to and from work and there is still debris after four weeks. He noted the City is collecting $55,000 a month for trash collection. He commented as a business owner, if he did not provide the service, the customer would receive a refund and he wanted to know what was being done. Commissioner McCray referred him to Jeff Livergood, Public Works Director, and advised he has the same problem in District II. Mr. Cwynar replied he met with Mr. Livergood and things were moving along, but he wanted to meet with Commissioner Romelus to show her what was occurring. Commissioner Romelus agreed, but added this issue was not unique to Boynton Beach. She drove from Miami to Broward and it is a slow process. He was advised Mr. Livergood could help with the other debris. David Katz, 67 Midwood Lane, explained at the end of August meeting, Commissioner Casello requested a future agenda item to discuss whether registered lobbyists could serve on a City advisory board. Later, the City Commission decided to remove the item. After, Mayor Grant added it back to the agenda hoping to discuss the item at the September 19th meeting, but the rest of the Commission, voted 4-1 to remove the item. He asked if Mayor Grant was concerned about conflicts or perceived conflicts. He asserted his motives were personal and directed at him. Mr. Katz called Jupiter, Wellington, Boca Raton, and Lake Worth and they have no rules precluding any registered lobbyist serving on a City advisory board. He obtained the names of 188 people from the County that are registered to lobby in Boynton Beach, and a list from the City Clerk. Only his name was a registered lobbyist. He has maintained all required registrations under the County Ordinance. In the last three years, he registered four times and one additional time when it was not required and that only occurred once since Mayor Grant was elected. Mr. Katz explained he does not have a full-time lobbying job and there are measures in place to guard against conflicts on the advisory Board level and City Commission level. He commented he would rather be known occasionally as a lobbyist than as a plagiarizer. Chair Grant responded there were two components: one was Robert Rules of Procedure. He felt Mr. Katz being impartial on an Advisory Board and accepting funds as a lobbyist may be a conflict of interest; however, since no one else on the Commission thinks so, the Commission was moving on. Debbie Lytle, 1008 Ocean Drive, thanked the Public Works Department for the awesome job they are doing removing debris, but not so much for the trash. She presented an impromptu Facebook survey on Boynton Beach Raw and the first post was the City's 51 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 assets and things they are doing well and received 23 responses. The people like the beach, breweries, Sunshine Square, retirement communities, the Marina, 2 Georges and Banana Boat. Then she posted about the City's flaws and received 153 comments. She noted it appeared the respondents do not attend meetings and have a real voice. The complaints were about the size of the buildings in the downtown and the density in buildings. Restaurants, stores and tourism in the downtown was wanted, but not so much housing. There were complaints about the mall needing to be revitalized. She requested, since the CRA does not cover the mall district, the City address it. The most popular thing at the mall s Christ Fellowship Church, which seems to do well. She works at the coffee shop twice a week and never saw a Commissioner. Another complaint was panhandlers and trash on 1-95 and Boynton Beach Boulevard. The respondents also felt City officials do not listen to residents and the morale is low. She suggested City Hall move to the mall, have a satellite office in the Library, and demolish the downtown and revitalize. She commented she did not think the City needed a multi-million dollar City Hall building. Mayor Grant commented the numbers are one sided as there were 150 responses and 6,800 people on RAW did not respond. She explained it was only for 10 hours. Commissioner McCray noted at one time, there was a satellite office at the Boynton Beach Mall. Karen Reinhart, 424 SW 7th Avenue, a 20 -year resident, agreed with Mr. Cwynar's comments. She explained this was ongoing before the hurricane. She explained one can drive down 7th Avenue on any day and see garbage. The house next to hers has 11 people living in the home and one family lives in a laundry room with no running water. They wash dishes in the rainwater in Tupperware. She called Community Standards and nothing has been done. There are 55 -gallon drums of water behind her home. Seventh Avenue is a dump because no one knows when to put the trash or recyclables curbside and she asserted property owners should know this. She thought it was not fair to the taxpayers that City workers do not pick up trash around the City, only garbage cans. There are tires on 4th Street near the 1-95 wall, and since the hurricane, they have no streetlights on SW 7th Avenue. She called FPL and they did not respond. She contacted Mayor Grant and was disappointed with his response. She was present because she feels taxpayers deserve answers. Mike Fitzpatrick, 175 SW 2nd Street, explained the Florida League of Woman initiative to increase solar rooftops across the State will be in Palm Beach County and begins with a press conference November 1St at 10:30 a.m. at the Pine Jog Environmental Center. They invited the City Commission to the conference and West Palm Beach Mayor, Jeri Muoio will be the keynote speaker. Short comments from all officials in attendance will be appreciated. Two informational meetings have been scheduled for citizens interested in purchasing photovoltaic solar system. The first meeting is Wednesday, November 15th at 6 p.m. at the Boynton Beach City Library. The second meeting will be at the County Vista Government Center. He explained being a member of the solar co-operative is estimated to result in a 20% price reduction due to bulk buying and more efficient scheduling. The co-operative helps pick a preferred installer and will be active for five 5 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 months. To -date, 2,000 to 3,000 homes have had solar installed due to the initiative. He invited anyone wanting further information to contact him. Linda Contraras, 1743 N. Congress Avenue, an adjunct professor at Florida Career College was present on behalf of the U.S. citizens of Puerto Rico, the students, and her supervisor, Tamika Morris, and campus president Scott Shaeffer. Ms. Contraras teaches Level 5 Leadership based on a research model that proves the best leaders demonstrate humility. Her students will learn the art of service, being a servant and the meaning of duty. She noted 55% of Puerto Ricans do not have clean water and 14% have cellular service. Only 5% have power and 721 of the 1,100 gas stations are open. Because of the situation, citizens cannot receive the medical attention needed. Many have declining health or will have declining health due to a lack of food and clean water. She announced a fundraising event with food and entertainment on October 28th at Florida Career College on Congress Avenue. She requested the City's support through funding, marketing the event or any other way to support U.S. citizens of Puerto Rico. Olivia Lang, 1743 N. Congress Avenue, spoke on behalf of Puerto Rico and her classmates, commenting it was important for business students to receive hands on experience in fundraising, which would allow them to give back to Boynton Beach. They are asking for support so they can help Puerto Rico and learn a skill that will benefit them all. Mayor Grant suggested she give her contact information to Eleanor Krusell. Tom Spatafora, West Palm Beach Leisureville, explained his brother was recently killed in an car accident. The driver that collided with him complained about pain and EMS gave him a shot to ease his pain. He thought they should have taken a blood sample first to see if he was under the influence of anything, and the shot ruined the case. He wanted the supervisor to issue an order to take a blood sample first. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Motion Mayor Grant moved to nominate Mark Karageorge. Commissioner McCray seconded the nomination. I Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner Casello noted the Commission will discuss whether the Board would be discontinued later in the agenda and he suggested deferring the item. Vote The nomination was unanimously passed. Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt B. Consider approving a request from E21- Holdings to assign payment associated with Phase 1 Agreement to Dougherty Funding, LLC. Jim Cherof, City Attorney, explained the item was a request from E2L, for the City to consent to an assignment of their contract for Phase I to Dougherty Funding LLC who is a lender. E21- was looking for funds to pay the development team working on the Town Square project and E2L, as the Lender, wanted to ensure if there was a default under the loan document, that they would have the option to inherit, (not the obligation), the rights of E21- and the contract it has for Phase I with the City. If the option is used, the City would deal with Dougherty Funding LLC or their assignees to continue to perform the work specified in the contract, that E21- would otherwise do. It is possible that Dougherty funding will not exercise its right to take over the contract and would allow E21- to continue to perform under the agreement, notwithstanding the default under the loan agreement. Commissioner Casello requested clarification. Attorney Cherof explained the City is consenting to a third party lending the money to E21- for Phase I in exchange for allowing the third party to inherit the contract if E21L defaults. If a default occurred, the City has recourse under the agreement. Currently, the City has no monetary obligation, until the completion of Phase I, and the election of rights to continue. Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion. Vote The motion passed 4-1. (Commissioner McCray dissenting.) 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 rA Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 A. PROPOSED RESOLUTION NO. R17-090 -Authorize the City Manager to sign a service agreement extension with Motorola, Inc. in the amount of $3,042.74 for the continued maintenance and repair of existing radio telecommunications systems as a sole source vendor for the time period October 1, 2017 thru November 30, 2017. B. PROPOSED RESOLUTION NO. R17-091 - Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,300, for the service period of November 1, 2017 — October 31, 2018. C. PROPOSED RESOLUTION NO. R17-092 - Authorize the City Manager or designee to sign all documents associated with the acceptance of the Victims of Crime Act (VOCA) grant for the 2017-2018 funding cycle in the amount of $63,759 subject to the approval of the City Attorney. D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 3, 2017 - "Request for Extensions and/or Piggybacks". E. Approve the minutes from the Regular City Commission meeting held on September 7, 2017. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 — None 8. COMMUNITY STANDARDS 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 14 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 11. UNFINISHED BUSINESS — None 12. NEW BUSINESS A. Approve the Right of Way dedication of 7.5 feet of property along the southern property boundary of the property located at 711 N. Federal Highway to the City of Boynton Beach as approved by the Community Redevelopment Agency (CRA) on August 8, 2017. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. Robert Shalhoub, President Pro Tem of Lake Clarke Shores to participate in discussion. Robert Shalhoub, President Pro Tem, Lake Clark Shores, explained the concept arose four years ago. There are five chains of lakes comprising about 23 miles along the ICW, but there is no access to the salt water Intracoastal. The spillway between West Palm Beach and Lake Worth is the best location for ICW access. Mr. Shalhoub went to Tallahassee two years ago and obtained $287,000 for the engineering and design of the lift, which was completed. They approached the Board of City Commissioners seeking a line item request of about $25,000 as seed money to make application for a permit and was successful. They need to have an entity sign the application. The South Florida Water Management District (SFWMD) and the Florida League of Cities supported the application and passed a resolution of support, as did 15 other communities. The Treasure Coast Regional Planning Council conducted a study in January 2015 and it suggested if the ICW goes through, there will be an increase in ad valorem taxes in Palm Beach County of $30 million to $ 75 million annually. It will be an engine to encourage economic development along the ICW, West Palm Beach, and Lake Worth. Mr. Shalhoub explained all the municipalities on the chain of lakes has a vested interest in the item. The lift can handle boats that are no more than 23.5 feet. The height of the boat can be no more than 5.5 feet from the water level to the boat canopy. About 80% of boats registered in Palm Beach County can access the ICW with these measurements. Twenty- four cities did not sign on. Commissioner McCray recalled the City Commission supported the item when it was first introduced. The lift will be on the north side of Lake Worth at Spillway Park. An interlocal agreement has to be entered into with the SFWMD, the City of Lake Worth and Palm Beach County. Mayor Triolo supports it and wants the County to assume full responsibility for the project. 9 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner McCray noted the staging of boats will not be a problem and asked about the boat trailers. Mr. Shalhoub explained there is no access and boaters will have to get in the queue. There will also be access for non -motorized watercraft such as canoes and paddleboard. Seado's and jet skis were not contemplated at this time. Mayor Grant favored the request as the City is on the chain of lakes and now boaters can go to 2 Georges and Banana Boat. He also hoped the County would raise the height of the bridges over the chain of lakes as he had heard that sometimes boats could not get through during high tide. He commented the request was a benefit to the County and City and to increase the Blueways in Palm Beach County. Mr. Shalhoub had flyers he distributed to the City Commission. Mayor Grant opened public comment. No one came forward. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. C. Discussion relating to the Building Board of Adjustment and Appeals Board as to establishment, duties and future. Attorney Cherof explained the meeting backup includes the City of Boynton Beach local amendments to the Florida Building Code, describing the responsibilities and the Board's scope of authority. It was created prior to the previous Building Code, which evolved into the Florida Building Code. The Board meets infrequently and only when there is a specific appeal if someone challenges the interpretation of building official or city administrator. In the last few years, the Board only met two or three times. When the Building Code was different, they met more frequently. Commissioner Romelus asked Mr. Mack if he foresaw future changes. Andrew Mack, Development Director, explained in nine years, the Board met 10 to 12 times. Specifically, the Board reviews appeals as part of due process through Business Tax or the Building Code. Commissioner McCray asked if the Board was a viable asset to the City. Mr. Mack explained the idea that they meet infrequently is a good thing. The Board gives the community a voice and there are contractors and attorneys on the Board that make rulings. The Board is advisory and makes a finding that is only appealable to the court. It is not a redundant Board. The Building Department can only give a certain amount of permit extensions for certain applications. During the economic downturn, there were times the Board granted further extensions. Another issue the Board may review is whether the Building Official is interpreting the Code correctly The Board provides a viable service. 10 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner Romelus asked about the membership of the Board and learned the Board has five regular and two alternate members. Only one alternate position was open. Mr. Karageorge's position would be an alternate. Commissioner Romelus thought he was appointed as a regular member and noted there was a discrepancy. Mr. Howard agreed to consult with the City Clerk. Commissioner McCray requested receiving the correct information as soon as possible. Mayor Grant asked for a vote. There was consensus to continue the Board. Discussion and final vote where the Police Department Building will be located Commissioner Casello explained the City has been discussing the Town Square, the lay out of the project, and relocating the Fire and Police Stations. A previous Commission had purchased land on High Ridge Road a future Police Station. Commissioner Casello opined things have changed over the years and it may have been a good idea then, but it was not a good idea now. He thought the Police Station should be in the community they serve. Any City he visited had the Station in the downtown area. He noted the High Ridge parcel is valuable and three businesses would put an offer in next week for the property. The entities were a hotel, a Wawa, and a market to table restaurant. The entities would negotiate and pay and the land would be tax revenue producing parcel. He explained the City should grow its tax base if it is going to sustain the services. The Police and Fire Departments take up 68% of the City's general funds. Commissioner Casello had a map of the CRA district and thought in prior discussions, a few Commissioners agreed the Police Department should be on the east side of the City. He thought it was common sense and was the right location. One suggestion was to place the Police Station next to the new Fire Station, but there was not enough square footage. He spoke to Mike Simon, CRA Executive Director, and was aware the CRA issued an RFP for the Ocean Breeze East land and a respondent was selected to build workforce housing, but he also noted the RFP for the Cottage District did not receive any response. He wanted the City Commission reconsider the location. He did not want to delay the Town Square, but he thought the Commission had to think outside the box and there was nothing more productive than having the Police Station in the same area of the community that needed to be served. He noted development on MLK Jr. Boulevard and in the Heart of Boynton and that the City Commission has been discussing development for 20 years. He thought the MLK corridor would not develop unless the residents in that area feel safe and comfortable and he noted 99% of the people who live in the area are good people. He thought the City Commission should reconsider the High Ridge property, which would produce revenue for years, and the Commission consider other sites such as the Cottage District and/or the current post office location. It was important to keep the Police Department on the east side of the City. Commissioner McCray took offense about the phrase " ... the community that needs to be served" and announced he represents the entire City. He was not in favor of the Cottage District being used for a Police Station that would uproot citizens with 11 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 homesteads. He advised he sat on the Board when the land was purchased and they promised the citizens it would be the Fire and Safety Complex. It was fine that it was across 1-95 and it was still fine. He objected to Commissioner Casello commenting the people in District II need the Police Department more than anyone else. He emphasized all the citizens need the Police Department in Boynton Beach. Commissioner Casello respectfully disagreed and asserted the statistics showed a greater Police presence was needed there. He pointed out a mother can be shot in a convenience store in broad daylight with 15 people present and no one see's anything, or when three people are shot on a Saturday afternoon on 4th Street and no one see's anything. He thought the new business on MLK Jr. Boulevard has to lock their restrooms because of people overdosing. He thought if development along MLK Jr. Boulevard was wanted, something to stabilize the neighborhood was needed and there was nothing. He did not want to be beholden to a prior Commission who thought putting a Police Station on an industrial road off a main road was a good idea because it was not. He asked for an example of a Police Station being in an industrial area. Commissioner McCray explained a Police Station does not deter crime; it is more Officers being present. He has been stating so and would continue do so. He announced he would not vote for the Town Square project if the Commission places the Police Station in District II. He commented the residents in District II should not be displaced and he disputed more businesses would come to the Heart of Boynton (HOB) is there was a Police Station. He asserted more businesses would come to the HOB as it is developed. Brian Fitzpatrick, 409 NE 1St Street, a long-time resident and owner explained very little changed and he agreed with Commissioner Casello's recommendation. He did not think the Cottage District was appropriate and suggested Ocean Breeze East may be a suitable location for a Police Station. He suggested City Hall could be combined with the Police and Fire Departments. He was at the CRA meeting and there were people making offers to develop CRA owned or City -owned property and buy the land for $10. He thought the lane on High Ridge Road was prime real estate the City should sell. As a homeowner in the Heart of Boynton, he thought a Police Station on MLK Jr. Boulevard would be an asset in developing the MLK Corridor. He thought the City Commission should reconsider their decision. He had real concerns with a Police Station on High Ridge Road heading east bound on Boynton Beach Boulevard and their ability to timely respond due to the traffic. David Merker, 8 Southport, Boynton Beach, suggested asking the Police Chief and Officers what is best for them. He agreed with Commissioner McCray's comments regarding what could be improved to help the people and agreed they need the Police to walk the streets and have a presence. Woodrow Hay, 4237 NE 5th Avenue, agreed with Commissioner McCray and pointed out it did not matter where the Police Department was located because the Police are not at the Station; they are in the community. Officers do not sit around the Police Department. He heard Commissioner Casello's comments, but unless something changed since it was discussed, he would like to hear from Chief Katz. He reiterated when the issue was 12 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 discussed, the location of the Station did not matter, only that more Officers on the street interacting in the community were needed to make a difference. He pointed out that was implemented and they have done a good job. Their presence just needed to be expanded. Barbara Ready, 329 SW 13th Avenue, agreed with Commissioner Casello. From an economic standpoint, the decision to sell the parcel and add to the tax rolls would make sense. She thought the City Commission was overdeveloping the downtown to add to the tax rolls and the City sacrificed too many parcels in Quantum Park, which was supposed to be an industrial area. The City has too many charter schools and non -profits in the industrial area. If the City spends less on the Police Department, the City can hire more Officers. She feels safe as a member of Forest Park Neighborhood and she explained the last time they had discussed moving the Police Department out of the neighborhood, the neighborhood objected and wanted the Station to remain on the east side of the City. She favored selling the parcel on High Ridge Road and finding another location. Officers are out in the community and not at Station so a fancy Police Station was not needed. Linda Contraras, 1743 Congress Avenue, teaches in Boynton Beach but does not live in the City. She recommended the Police have training to de-escalate situations, because if that does not occur, wherever the Station is located, especially in high crime areas, it is a disaster. Mayor Grant asked Jeff Katz, Police Chief, about the pros and cons for each site; those being the High Ridge Road site next to the Fire Department, having easy access to 1-95 and the western area, and a location on the eastern side having greater access on Seacrest Boulevard and Federal Highway to access the north and south side of the City. He noted Boynton Beach is more of a north/south city as opposed to an east/west City. Chief Katz first announced that all Police personnel have gone through de-escalation training. Chief Katz advised there are pros and cons to both locations. He advocated for the High Ridge site mostly because when they purchased the site and planned to place the Police Department site, he envisioned the Station there. He recognized there are other opportunities and unlike the Fire Station, Officers do not deploy from the Station itself. The Officers are mobile in the community. They need a new Police Station as they have outgrown the current one. They will be thankful for a new Station wherever it is situated. Both sites at Ocean Breeze East and the High Ridge Area would work. His concerns regarding a Station pertained to terrorism and how to secure the facility. Even if not a fancy Station, it a multi-million government project, and he publically expressed his concerns of the vulnerability of a truck bomb. The High Ridge site provides physical security and some cover from hurricane winds from the east. If a quarter of the Police Department is there during a national disaster, they are concerned about high sea levels, storm surges and winds and in his opinion, he did not want them in a Station east of 1-95 as it relates to a storm. Terrorism risks could be mitigated. He thought the sites suggested would provide sufficient access to thoroughfares. 13 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Commissioner Casello understood the new Station is a category four structure. They discussed hardening a specific area of the Station to withstand a category five hurricane where the employees would be quartered. He asked if Chief Katz would feel safe if such a building was located at either site and learned there are different risks. As it relates to a storm surge, it did not matter what category the building was because of flooding as occurred in Miami. He pointed out the City is looking at a 50 -year facility and has to consider what the environment will be like, what sea levels will be and what the intensity of storm would be during the next 50 years. He read reports that Florida may be underwater in 50 years. He thought the High Ridge site was the better location as he has to look after the welfare of Officers in that context. Commissioner Casello asked if Chief Katz thought traffic across Gateway Boulevard between 4:30 and 6 p.m. was a problem and learned the Chief agreed. Commissioner Casello also commented the Chief had previously said he wanted community involvement, and to be community oriented. He asked how this would occur at the High Ridge Station. Chief Katz explained they have little interaction with community at the current Police Station and much of it has to do with space constraints. It was' however, a goal with the new Station as it is a hallmark of all modern Police facilities to have a gathering space for members of the community to meet and interact with the Police. Commissioner Casello queried how the community would be more apt to visit a Police facility on the east side of the City or High Ridge Road, but Chief Katz would not speculate. Chief Katz explained they have 215 employees and most of them work during the daytime. Mayor Grant noted Commissioner Casello was aware of three parties ready to buy the property on High Ridge Road and commented that is not how governments normally work. Before and after Hurricane Irma, he went to the Emergency Operations Center (EOC) and thought it is the best to be together and it is the safest for the entire City. Commissioner Casello explained he was also at the EOC during Hurricanes Matthew and Irma and all went smoothly. He did not see how having a Police Department across the driveway to the Fire Departments correlated to better safety. The building was discussed as a community -type, public safety building. He did not think it was about Officers riding on segways or foot patrols or Police presence. He contended just because Chief Katz envisioned it there because it was planned for 20 years ago did not make it the best location. He wanted out of the box thinking and asked the City Commission to get the community involved. He predicted the MLK Corridor development would be discussed for the next 10 Commissions and commented not one developer has come forward to build in the area without Tax Increment Finance incentives. He supported giving the residents a sense of security knowing they made an investment to keep them safe. Commissioner Romelus spoke to individuals from District II and they do not want a Police Station there. They want a Police presence, but not a Station. A Police Station can be anywhere, as Officers constantly patrol and are dispatched when needed. As to using a 14 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 site like Ocean Breeze East or the Cottage District for a Station, she pointed out it would diminish opportunities for affordable, workforce or market -rate housing and put a government facility that will not generate tax in the middle of a residential district. She would rather it be in an industrial or commercial district than in a residential area. A Commissioner's job is to listen to its constituency and they do not want government buildings in a residential district. Chief Katz spoke about terror and disasters, and pointed out the High Ridge location offers protection over the other locations and has an advantage over Ocean Breeze East and the Cottage District. She understood the City could make millions from the sale of the High Ridge site, but she has not been contacted by any entity to build at High Ridge. She indicated serious entities would contact the entire Commission. Commissioner McCray explained District II already has the Public Works Complex in the middle of a neighborhood and the City was trying to move Public Works out so the community could expand. He keeps hearing about community involvement and advised if the Station is on High Ridge Road, the community will get there if they have a meeting as residents do drive. Mayor Grant thought a Police Station would not bring development to the MLK Jr. Boulevard. He thought having affordable and workforce housing would cause the area to thrive and people would use the commercial establishments. He thought there would be commercial activity on MLK Jr. Boulevard by the time he leaves office. Vice Mayor Katz commented this item was discussed a few times this year and he did not disagree fundamentally with anything Commissioner Casello said. He made the same argument in past discussions. In terms of the tax value, building a Station on low value residential land would forgo a small about of tax value whereas with High Ridge, the City would forgo a significant amount because it is a multi-million dollar site. Regarding coverage, the Police roam the City in the various districts, but they have to come and go to the Station, which means there is increased Police activity in the area. He commented only he and Commissioner Casello entertained the possibility of having a Station in the northeast area. The factor for Vice Mayor Katz was time, as time is going by, they made a commitment to Ocean Breeze East for affordable housing and he adhere to the CRA's decision. Ocean Breeze East will be affordable housing or nothing and he will not vote to put anything there. He commented there are only a few homes on the Cottage District parcel that could accommodate a few dozen homes. He did not see the Station displacing anyone, and the time to vote for its location on High Ridge Road had expired. He agreed with the valid arguments from Commissioner Casello, but he could not support it as conditions have changed regarding alternative options and proximity to the development for the Town Square. He did not see an alternative plan gaining support due to the lack of votes although he believed it was the best decision. Commissioner Casello explained the land on High Ridge was more valuable. The CRA received a letter of interest for Cottage District land for $10, plus Tax Increment Funds to help construct the home. It served no tax purpose for the City or CRA. The High Ridge 15 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 parcel was not up for grabs. He commented the City Administration made it clear to him to not to gunk up the works for Town Square project by bringing in the High Ridge parcel and the City Manager may have imparted the same to all members at some point that High Ridge was the place the Police Station had to go. He asked the members to step back and look at the overall picture. Commissioner Romelus agreed the land on High Ridge is more valuable, but she did not see the alternative. It will not be Ocean Breeze East as the CRA made a commitment or the Cottage District, which is land locked. She was and still was open, but she did not see any viable options on the east side of the City. There was no seller willing to sell so the Cottage District property would remain land locked and the time period to negotiate a sale would not be viable for the project in place. At this point, although it was not the direction she wanted to take, she preferred the Police Station at the High Ridge site. Commissioner Casello explained he met with the CRA Director and it was agreed the Cottage District could accommodate the Police Station as the CRA already owns the land. Mayor Grant agreed the land at High Ridge was worth more, but pointed property values increased 5% each year for the past six years. Trying to make one parcel more valuable would deter from the rest of the City. The City wants the downtown area to be east of 95 along Ocean Avenue and to build the corridor from Woolbright and Federal to Boynton Beach Boulevard and Federal, out west to the Boynton Beach Art District. He wanted to have that serve as the downtown area and to accomplish that goal, affordable and workforce housing was needed and planned. The City is growing quickly. The Commission was moving along with the plan they started when the three new Commissioners were elected. He favored putting the Police Station at the High Ridge location. Commissioner McCray explained the City owns the land for the Cottage District and the land at High Ridge. He advised he was not told "not to gunk up the Town Square project", nor did any developer speak to him about putting anything at the High Ridge site. Vice Mayor Katz explained it appears to be a 4-1 vote on the matter. He suggested, with regard to this discussion and the talk about increasing security and the needs of the northeastern portion of the City, that the City Commission request a plan from Chief Katz to address this issue because the topic comes up on a regular basis. There is violent crime usually in that area of the City and he hears people say they do not want a Station, but they want more Officers, and when the Officers are there, they say they do not the Police to harass or arrest anyone. He did not see a solution. He also hears the community will handle it, but pointed out no group of civilians is capable of dealing with hardened, violent, drug crimes. He thought a discussion and a plan from Chief Katz to address the issue was needed. The Police Station will not be there. There is contradictory talk about not wanting Police interference with the community's activities and people are not capable of dealing with the issue. 16 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 At a future date, Vice Mayor Katz wanted a plan and a cost estimate, and if it is expensive to address crime in that portion of the City, they have to figure out a way to pay for it. He wants to see development occur in northeast Boynton and it will snowball into broader development of that portion of the City, but no one will develop anything if there is fear of being shot at on a regular basis. The Police are doing all they can and he wanted to allocate more funds if more resources are needed. Mayor Grant noted there is a lobbyist for ATS and he will reach out to ATS to see what they can do to help with the cameras in the future. Commissioner Casello noted he had already asked the City Manager to put the cameras on a future agenda. Chief Katz expressed the department's appreciation and reported they are making inroads and bridging gaps in the community regarding trust. Technical resources and money thrown at the problem will not address the issue. A few weeks ago, before his command staff had notified him about a homicide, a stakeholder in the community texted him and told him the name of the victim and who committed the homicide, based on the word on the street. Independent of that, the investigation led to the same conclusion. He would be more than glad to furnish a list of the Department's needs, but wanted to keep it realistic and be honest as they have a responsibility to handle the situation in a reasonable fashion. He apprised the Commission it was more of community engagement and doing so with the CRA. During the hurricane deployment, over 70 Officers were working and they had a homicide. It is not necessarily the number of people working at any particular time; it is the actions of the community. It creates an environment where the community and the Department are united. That would be the plan he would submit. The department has to bond with the community and the community has to be a willing partner with the Police to keep itself safe. Commissioner Romelus thanked Chief Katz for his honesty and advised the City is finally at the point to meet the situation head on. She noted there have been recent situations that have eroded that trust. She agreed the issue was not necessarily something money or a Police Station could solve. Inroads to continue to build relationships and communication are needed to have great eyes and ears in the community. Commissioner McCray thanked Chief Katz and the Officers and noted he immediately gets a text message to alert him what is occurring in District II. Commissioner Casello also complimented the Police. He commented when looking at how some of the less fortunate neighborhoods got started, there was some type of public safety building such as a Fire, Police Station or a courthouse. He referenced Delray Beach and thought the Commission has to focus and think out of the box for the next 20 years. Brian Fitzpatrick thanked Chief Katz and explained one positive benefit regarding W. Atlantic Avenue was it created a community Police Station. He felt an approachable Police Station was one that residents could walk too and commented the majority of residents in District II do not have a vehicle. He asked the City Commission to reconsider. 17 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Motion Commissioner Casello moved to reconsider the High Ridge parcel for the Police Department and look at other the alternatives that were discussed. Vice Mayor Katz seconded the motion. Vote The motion failed 1-4 (Mayor Grant, Vice Mayor Katz, Commissioner Romelus and Commissioner McCray dissenting.) Commissioner McCray requested clarification the location of the Police Department will be on High Ridge Road and learned it was just voted on. Commissioner Casello mentioned to Lori LaVerriere, City Manager and Tim Howard, Assistant City Manager, that ATS had made some promises to the City regarding License Plate Readers (LPRs) and he thought they mentioned there would be 14 or 15 LPR. He would like for them to talk to the City Commission when they would implement it and thought ATS said they would be free. He wanted to learn were they would be located. Mayor Grant requested a motion to add a discussion with ATS to a future agenda item. Commissioner McCray also wanted the discussion with ATS to include lights on NE 2nd Avenue. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The item would be item 14 K on the next agenda. 13. LEGAL — None 14. FUTURE AGENDA ITEMS A. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. - October 17, 2017 B. Approve 711 North Federal Highway Abandonment (ARAN 17-007) allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, iu; Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). - October 17, 2017 C. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. - October 17, 2017 D. Staff to bring information concerning disposing of City -owned land - October 17, 2017. E. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - October 17, 2017 F. Presentation and adoption of FY 17/18 Strategic Plan Initiatives - October 17, 2017. G. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. H. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 2017 I. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission — TBD J. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -in itiated. (First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). 19 Meeting Minutes City Commission Boynton Beach, Florida October 3, 2017 15.ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:23 p.m. ATTEST Queenester Nieves Deputy City Clerk Catherine Cherry r Minutes Specialist 20 CITY OF B YN ON B C favor-, Steven, -B. Grant m i!�rsi6n�IVI`a4KM cC ray mission -dr" - Christina Romelus Corfimissioner - Joe Casello