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Minutes 01-16-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 16, 2018, 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 Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Commissioner McCray gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call City Clerk Pyle called the roll. A quorum was present. (Commissioner Romelus arrived at 6:40) Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested to remove item 12.A from the agenda. Mayor Grant requested to substitute 12.A to approve the request for the Community Support Funds to the Robert E. Wells Day and add New Business item E, regarding the Community Standards letter received. Vice Mayor Katz requested to add to the Future Agenda, Legal update on the Quantum Park Overlay District (QPOD). Mayor Grant requested to move Future Agenda D to New Business F to review Sign Ordinance to see if there was consensus to move forward. Motion Commissioner Casello moved to approve the agenda as amended. Commissioner McCray seconded the motion. Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission January 16, 2018 Commissioner Casello attended the Unity Day at Sara Sims Park. Indicated the turnout was very disappointing. Announced the purpose of these functions was to bring the Community together. Mayor Grant noted on January 4th he attended a new honorary employee event. Attended the Celebration of Unity at Sara Sims Park. January 9th went to Palm Beach County Days, met with Gunster Law Firm representatives and the Palm Beach County Economic Council. On January 10th had a meeting with Senator Rader, Senator Hutson and Senator Powell, met with Representative Berman, Representative Jacquet, Representative Hager and Representative Albritton. Mayor Grant stated there were three bills for the City of Boynton Beach. He continued, one is for Mangrove Park, second was regarding using the Everglades for the reclamation, and the fuel cell at the Water Treatment Facility. On December 12th attended the quarterly new hire orientation, and the Boynton Beach Chamber Gala. On December 17t attended the Mayors' Parade at the South Florida Fair Grounds, met with Representative Rick Roth. Commissioner McCray attended the Unity Day Celebration. Commissioner McCray updated the Commission as to the reason there was little turnout. There was a boycott of the event. They felt as through the City did not do what they thought the City should have done. He wanted to thank the Heart of Boynton Committee. He believes there should be one day of events instead of having several small events. Vice Mayor Katz met with Andre Park regarding the textile company, and spoke with a representative regarding ATS. Commissioner Romelus indicated she had a quick update. The Mangrove Water Quality and Park Improvement have been added to the Agricultural and Natural Resources appropriation subcommittee. Commissioner Romelus asked for a brief moment of silent, in remembrance of the nearly 5,000 lives lost in Haiti in 2010. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of March 2018 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. 2 Meeting Minutes City Commission Boynton Beach, Florida Mayor Grant read the proclamation. January 16, 2018 Jeaneece Washington, Fundraising Coordinator for the Muscular Dystrophy Association, thanked the Commission and the Firefighters for all they have done over 60 plus years for all the families they serve. The City, together as a community, has raised $36,000. Ms. Washington updated the Commission and the residents to know that camp has been moved to Orlando and this would not be possible without the City of Boynton Beach help. Latosha Clemons, Deputy Fire Chief of Operations, thanked the City of Boynton Beach for their continued support. Commissioner Casello shared an incident which took place at a function when a gentlemen went down, there was a table of firefighters, without hesitation they came to the gentleman's aid. He said by the grace of God and those firefighters' quick actions this gentleman was doing fine. B. Announcement of the City's 2018 Calendar and introduction of the artist by Eleanor Krusell, Director of Public Communications and Marketing. Eleanor Krusell, Director of Public Communications and Marketing, introduced her team; Laura Landsburgh, Marking Manager, Debbie Mayors, Grants and ADA Coordinator and Debby Coles-Dobay Public Arts Manager. Stated this year's calendar was truly a team effort. The calendar had two goals; the first was to increase the public engagement on the social media outlet. The second goal was to inform the public the City of Boynton Beach was an inclusive City. Ms. Krusell indicated a request was asked of Facebook fans to post their two favorite places in Boynton Beach. The City of Boynton Beach received 120 responses. Laura Lansburgh, Marketing Manager, stated at a recent Art in Public Places exhibit, highlighting the nonprofit organization, Artists with Autism, staff met a brilliant and creative 26 year old artist named Brandon Drucker. He has spent the last 30 days meticulously painting 12 colorful and fun images of the favorite places in the City received the most votes. This year's calendar was a one of a kind art work. Brandon Drucker, Artist, gave a signed copy of the art to each Commissioner. C. Announce the Special Democratic Primary Election on Tuesday, January 30, 2018 for State Senate District 31 which includes all voting precincts in the City of Boynton Beach. Polling locations will be open from 7 am to 7 pm. Early voting will commence on Saturday, January 20, 2018 thru Sunday, January 28, 2018 at three locations in Senate District 31 being Ezell Hester Community Center, Hagan Ranch Rd. Library and Lantana Library from 10 am to 6 pm. 3 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Mayor Grant announced the special Democratic Primary Election on Tuesday, January 30, 2018 for the State Senate District 31 which includes all voting precincts in the City of Boynton Beach. Mayor Grant informed the audience the election was only for the Democratic Party. 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) Jennifer Percival, Clinical Specialist for Transition for Florida Atlantic University, coordinated the autism friendly business program. Last year the City of Boynton Beach was the first Autism Friendly municipality in Palm Beach County. She was here to express her pride in the beautiful calendar and to commend the City of Boynton Beach for being a truly inclusive community. The City does more than just open the doors it provides access and opportunity. Loretta Wilkinson, 2458 SW Cranbrooke Drive, stated there was a big event for February 9-10, 2018. On February 9 there will be Magic Wheels and Special Deals. This was an opportunity for everyone to come out to experience the Barrier Free Park on Congress Avenue, and experience businesses that are special needs friendly, such as the Chocolate Spectrum, Foodies for Autism, Sensibility. She indicated the entire event would be interpreted in sign langue. February 10th was the six annual Barrier Free 5K, walk, run and roll. Everyone was invited, to walk, run or roll through the beautiful Community of Hunters Run, this was in partnership with the City of Boynton Beach, Hunters Run, the Greater Boynton Beach Foundation and the Realtors Association of the Palm Beaches. This fundraiser will continue to encourage recreation education and cultural in the City of Boynton Beach. She said she hoped to see everyone there. The specialty made wheel chair will go to the honorary starter. Commissioner Casello asked the name of the child receiving the wheel chair. Ms. Wilkinson stated his name was Joshua Hazard. Suzanne Ross, Development Officer, Schoolhouse Children's Museum, stated she has some good news. Last year the Schoolhouse Children's Museum welcomed 542 visitors and sold 9 memberships, during the same time frame they welcomed 1211 visitors and sold 20 memberships. They are tracking visitation of an increase of 68% from last year. The memberships were up and month to date revenue was up 34%. They are entering the first quarter in the black. This was thanks to a new donor, who has made a three year commitment. They were successful in securing a grant from the Palm Beach County Cultural Council. 51 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Commissioner Casello indicated it is a turnaround from the last couple of years. The City did not know if they would be able to keep the Schoolhouse Children's Museum open. Commissioner Casello stated they were very proud of Ms. Ross and her staff. Commissioner Romelus stated the Schoolhouse Children's Museum was amazing. She would recommend this to all who have children, grandchildren, nieces, nephews, bring them. They not only have fun but learn as well. Karen Yeh Ching Hsien, 8014 Tangelo Drive, wanted to thank the Mayor for showing Boynton Beach, to promote the City of Boynton Beach. She was here to discuss elderly abuse. She said she took care of her mother. She indicated there should not be a guardianship. She said a petition was filed. In conclusion her mother and she suffered. Her mother passed away. The court appointed attorney received money from her estate. She was in New York to attend her funeral. Since then on September 13, no court house was opened. She was arrested for 16 days and 16 hours. She wanted justice. She cited Florida Statutes. This was a restrictive guardianship. The court does not have the legal ability to enforce this. Commissioner Romelus informed Ms. Yeh to contact her State Representative and Senators. Willie Aikens, 726 NE 1 Street, wanted to invite everyone to come out to the Robert E. Wells Love Fest. Thanked the Commission for their support of the Love Fest. The most important thing was the history of Boynton Beach. He was asking for everyone to come out and support the Robert E. Wells Love Fest. Let's not lose the historical landmarks that have been lost before. Harry Woodworth, 685 NE 15 Place, INCA resident. INCA had their monthly meeting at the Schoolhouse Children's Museum. North Federal Highway has had some success recently. The CRA entry sign was gorgeous. The Yachtsman Plaza has gotten their act together. The AmeriGas area was coming together. He said after 10 years the trash along the railroad tracks has disappeared. A few years ago they started working on the U -Haul mess; the bicycle path was always blocked with trucks and cars. He sent some pictures to the Commissioners; this has been going on for years. When does this end? Commissioner McCray thanked Mr. Woodworth for his input. Commissioner McCray requested the Police Department ticket illegally parked cars and trucks. Sheila Banks, 1390 North Searcrest Boulevard, thanked the Commission. Stated she lost a family member to gun violence. Thanked the Boynton Beach Police Department on behalf of the Benita Banks, Justice for Cory Foundation for the continued fight for Cory. Kurt Jetta, 1022 Del Harbor Drive 33483, indicated he was the Republican Candidate for Congress. Wanted to speak about a lot of the great work he has seen regarding the Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 opioid epidemic. There was growth in the number of overdoses in 2016. The growth was 110% in our county versus 26% nationally, almost 600 deaths. He indicated there were some encouraging results in Delray Beach. He made a suggestion, make it an agenda item to report out two pieces of data, how many overdose in the past month and how many overdose, then track overtime. If we are not getting better there are a lot of great efforts being applied. Dave Aronberg, State Attorney for Palm Beach County was doing a great job showing leadership. Commissioner McCray indicated the Fire Department issues a monthly report on overdoses. Reverend Bernard Wright, President of Bernard Wright Ministries, Robert E. Wells Foundation, 713 NW 2nd Street, thanked all those on the dais. Thanked Minister Akin and Officer Deale. He indicated the residents have been trying to build a dialog with the Police Department, the dais and the Community. The City was hurting right now. He said the City needs to become available to the public, so residents will not feel alienated from City Government. In District II there needs to be a relationship. He invited everyone to come out to the Robert E. Wells day. Maxine Cheeseman, 1818 South Austrian Avenue, announced she was running for Circuit Judge. She was formerly with South Florida Water Management District. Being a Judge was the height of public service. She indicated the election was August 28, 2018. Mathi Magilan Paguth Arivalan, 212 Mahogany Drive, addressed the Martin Luther King Day event. The entire event was for entertainment. More should be done to bring this community together. We as a City government should do better to unite the Community. When asked why people did not show up at the event, it was because when the civil rights of African American and Brown people were being abused, there were some citizens that complained about wildlife issues. The City does not have an advisory board addressing environmental protection issues. The City has Comcast and ATT enjoying a monopoly. The City could provide internet services for the residents. The City has invested close to a million dollars of taxpayer dollars on police software that do nothing but save time on police paperwork. The software does not provide any value to the community. The City could invest that money on a Community Mobile Application that would help the citizens report civil issues, crime and much more. Mayor Grant stated the Police Department has a program called MyPD. Mr. Paguth-Arivalan replied he was speaking about an application which allows the citizens to pay their bills as well. Commissioner Romelus indicated there was also an application called Nextdoor, the police officers and citizens have direct access as well and they can speak with the Police Department. I Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Kelvin Homer, 2505 Lake Drive North, serves on the Code Enforcement Board for the City of Delray Beach. He has a great appreciation for work the Commission does. (He provided photos) He said there was a major situation, just north of the Boynton Beach inlet and to the west of a protected bird sanctuary. This area harbors a group of anchored vessels on a protected seagrass bed south of the posted sign which states no mooring. None of those boats are owned by residents of Boynton Beach. While some of those boat owners live aboard their boats full time, others have been caught by Boynton Beach Police Department for dumping their boats. One person used this area to store their 3 boat which was posted on Craig's list for sale. He has witnesses several situations in which these boats become unsecured and damage the residential property and protected habitat, both in and out of hurricane season. As an example there was $90,000 damage to the Gateway Marine during hurricane Irma. He said according to the City of Boynton Beach website the Police Department's responsibility was to protect the lives and property and constitutional rights of all of its citizens. He said two weeks ago the Coastal Star published an article about this ongoing problem. The difference was in other Cities they are taking a proactive approach in forcing owner to store their boats in marines and other private areas. Herb Suss, 1711 Wood Fern Drive, wanted to see growth from within. Chief Kelly should be appointed Police Chief. He does not like the tweets the President made over the weekend. Mr. Suss indicated the Haitian people supported the United States during the Revolutionary War and they served in WW1. Mr. Suss stated the President was a racist. When the President of United States can say the things about different countries, this was not right. He stated in Queen's New York the President refused to rent to Black Americans, he was sued and had to pay money and had to rent his apartments to the Black Americans. The President was dangerous; the handwriting was on the wall. Commissioner Romelus thanked Mr. Suss for mentioning the role which Haitians played in U.S. history. She wanted to mention when a person was addressing the Commission, individuals calling out from the public audience should not be tolerated. She mentioned this has happened several times. In addition respect should be shown to the people speaking at the podium, whether you agree or disagree with what was being said. She asked Mayor Grant to ensure the individuals respect not only the City by respect the individuals speaking at the podium. This helps exercise the decorum and maintains the respect that the City of Boynton Beach expects. Mayor Grant indicated if anyone on the dais would like to speak he was requesting them to please raise their hand. Mayor Grant indicated when Mr. Suss was speaking he was looking at the speaker and not the audience. He will pay closer attention to the audience not necessarily the speaker. He indicated he has thrown out members of the audience. Commissioner McCray corrected he has asked them to leave and never thrown out. No one else coming forward, Public Audience was closed. 7 Meeting Minutes City Commission Boynton Beach, Florida 5. ADMINISTRATIVE January 16, 2018 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 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Community Redevelopment Agency Advisory Bd: 1 Reg Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Reg and 2 Alts Mayor Grant stated they were no applications for the Arts Commission, Building Board of Adjustments & Appeals, Employee Pension, or the Senior Advisory Board. Motion Major Grant moved to appoint Anthony Barber to the Community Redevelopment Agency Advisory Board (Reg). Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to appoint Bethanie Gorny to the Library Board (Alt) Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Mayor Grant pulled items C and G for discussion. Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 A. PROPOSED RESOLUTION NO. R18-008 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOULTION NO. R18-009 - Authorize the Mayor to sign the Declaration of Restriction for Right of Way Purposes to designate the future use and occupancy of Lot 5, Block 3 of the Plat Poinciana Heights to public right of way. C. PROPOSED RESOLUTION NO. R18-010 -Approve contracts for the Community Development Block Grant (CDBG) Sub Recipients as adopted in the Five Year Consolidated/One Year Action Plan on August 1, 2017. Resolution R17-066 Mayor Grant asked when the next applicant phase would be for next year's block grant. Ms. Octavia Sherrod, Community Improvement Manager stated the schedule had not been set. Ms. Sherrod stated the City just completed the contracts from HUD. Mayor Grant inquired if Ms. Sherrod did not know the month based on the action plan of August. Ms. Sherrod stated the Action Plans are always due August 15 of each year. Mayor Grant noted the City would not necessarily know about the opening. He indicated any non-profit organization needs to do it by August 1St. Ms. Sherrod responded the organizations need to do it prior to August 15. The City will have the advertisement on the web. Lori LaVerriere, City Manager, informed the Commission when Ms. Sherrod sets the schedule an email will be sent to the Commission. Commissioner McCray asked if the notices were posted in more than one language. Commissioner Romelus inquired what efforts are being made to inform individuals that funds are available. Ms. Sherrod stated information was posted on the website. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. A Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 D. PROPOSED RESOLUTION NO. R18-011 - Approve utilizing the City of Tallahassee Contract # 3806 with Gall's for the purchase of uniforms for Police with an estimated annual expenditure of $95,000. Authorize the City Manager to sign a contract with Gall. E. Authorize the City Manager to approve change orders 3, 4, and 5 from Con Tech Building Corporation of Delray Beach, FL in the amount of $12,167 for unforeseen conditions discovered while the contractor was implementing bridge repairs. This approval increases the approved cost to $73,983, these are the final change orders. F. Authorize the City Manager to approve change orders to Cobra Construction, Inc. of Boynton Beach in the amount of $21,977.50 increasing the total amount for these sidewalk rehabilitation projects from $150,308.00 to $172,285.50. G. Accept the City of Boynton Beach FY2016/2017 Annual Grants Report. Mayor Grant stated one thing he saw about this report, was there was a particular employee which deals with each department. He understands it may take many people to process a grant application. He suggested using the advisory boards to generate more revenue. Commissioner McCray indicated he was in favor of using the advisory board to help with the grants as long as we can get more money coming in. Commissioner Casello asked does it take some expertise to write a grant. The more input was always a good thing. When writing the grant it takes some expertise. Debbie Majors, Grants Coordinator, explained it depends on the grant application. Some of the grant applications are straight forward. She indicated when writing to a foundation it requires more skill. Most of the time there are more than one person writing the grant. Ms. Majors informed the Commission input was taken from many different areas. Commissioner Casello asked if Ms. Majors felt as though the advisory boards would be helpful. Ms. Majors indicated if there is expertise on a particular subject, it could be helpful. Vice Mayor Katz requested to leave it at the discretion of the grants committee. He does not want to create a rule which mandates how the City does this, when there are grants that do not require certain items. If it seems appropriate to refer to an advisory board, he would be supportive of that. 10 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Commissioner McCray indicated he was under the impression if they can help. We are not saying to change the plan. Mayor Grant suggested this was at the discretion of the chairman of the advisory board and the employee liaison. Commissioner Romelus asked if this include all of the advisory boards. Major Grant responded all advisory boards. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. H. Accept the FY2016/2017 ADA Annual Update. I. Approve the purchase of extrication equipment for the Fire Department in the amount of $32,693 from South Florida Emergency Vehicles of Fort Myers, FL as a sole source purchase. J. Accept fourth quarter and year-end report on operations of the Schoolhouse Children's Museum and Learning Center for FY 16-17. K. 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 January 16, 2018 - "Request for Extensions and/or Piggybacks." L. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ended September 30, 2017 (unaudited). M. Legal Expenses - December 2017 - Information at the request of the City Commission. No action required. N. Approve the minutes from the Regular City Commission meetings held on December 19, 2017 and January 2, 2018. 11 Meeting Minutes City Commission Boynton Beach, Florida Motion January 16, 2018 Commissioner McCray moved to approved as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000- None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT A. Accept Surtax Capital Project Status Report for first quarter of FY 2018 - October thru December 2017 Lori LaVerriere, City Manager, indicated Tim Howard, Assistant City Manager, has worked with staff in charge of the Capital Improvement Programs to bring a quarterly status report. This was the first on the surtax revenue process. Ms. LaVerriere wanted the Commission to review and if they wanted to add anything please do so. The report has the funding, project list approved and the status of the project. Commission feedback was requested. Tim Howard, Assistant City Manager, indicated this was the first quarter report. The current fiscal year was basically a large portion of the Capital Improvement plan. There are many small projects on the back pages which are attached. The report awarded contracts. He said one page was the summary, just to give the Commission ideas of the decisions which were made. There were some piggyback for the sidewalks and paving. Commissioner McCray indicated they should expand the comment section. Noted a monthly report indicating what was being done. It was not the Commission's job to be bogged down with the day to day management. He said if they were comfortable he was fine with it. 12 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Vice Mayor Katz stated he would like to add a District column. He would be interested to see which district was receiving the funds. Commissioner Casello stated he would like to have that information as well. Mayor Grant asked if there were any public comments. Seeing none, public comment was closed. B. Accept quarterly report on red light camera program (Oct 2017 -Dec 2017) Lori LaVerriere, City Manager stated this was the first quarterly report since the City reinstated the Red Light Camera program. She stated a pie chart with the violations was being provided. Commissioner McCray indicated this was what Mr. Garcia had comments regarding the Red Light Cameras and the timers. Santos (Sunny) Garcia, 1631 NW 3 d Lane, asked the Commission to be fair with the public. He has suggested some alternatives. He stated the Commission has not discussed the timers to be fair to the citizens. With the timers it will let the driver know how many second it will be before the light changes Mayor Grant stated he does not know if timers were legal in the State of Florida. Mayor Grant indicated the City does not control the timers in Boynton Beach. Mr. Garcia said as the City Manager and as the Mayor, the City would have more pull than he has to speak about the timers. Ms. LaVerriere explained the City of Boynton Beach spoke with the County staff and they are opposed to timers. If City of Boynton Beach wants to take it to a different level of communication this was the only way. Palm Beach County was not interested in placing timers on lights Mr. Garcia asked when the County Commission met. Ms. LaVerriere responded she believed they were the same as the City of Boynton Beach. She advised Mr. Garcia to look on the County Commission website for additional information. Mr. Garcia stated he will speak up about this at their meeting. Mr. Garcia said he believes as the City Manager and Commission should try to help the citizens of Boynton Beach; this would prevent accidents and people from going through the red light. Commissioner Casello asked the City Manager for the name of the contact person spoken with last year. Ms. LaVerriere replied Jeff Livergood spoke to the County traffic engineer, he has since retired. Commissioner McCray stated the reason he wanted to speak about this was because we need to get a handle on this problem. 13 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Jeff Livergood, Director of Public Works and Engineering, indicated he spoke with the County Traffic Engineering staff many times regarding this issue. They oppose the timers. He stated he supports their decision as a licensed professional engineer. He stated there are some blue light to help police officers. Anything additional which is done at the traffic signal takes the motorist's attention away from the traffic light indicator. It was his preference not to approach the County again. Mr. Garcia said in his opinion the people are more afraid of running the red light. A County down clock should be placed in the camera. Herb Suss, 1711 Wood Fern Drive, indicated there are times when you go and make a left or right turn at an intersection and the light turns red. What happens? Mathi Magilan Paguth Arivalan, 212 Mahogany, the goal of the government was to keep the citizens safe. The Red Light camera was installed to make money. The City was exploiting the citizens. Mayor Grant, seeing no others, Public Comment was closed. Sergeant Phil Hawkins, Boynton Beach Police Department Traffic, responded to the question from Mr. Suss. As long as you are in the intersection and pass the white line or the cross bar; you have the right of way. Sergeant Hawkins said the timing of the lights are about the same. Vice Mayor Katz responded the City of Boynton Beach does not have control of the timers of the traffic lights. Sergeant Phil Hawkins replied that was correct. Commissioner Casello asked why he was out timing the lights. Sergeant Hawkins replied he wanted to make sure the timing was correct. He has been questioned about the timing in court. Commissioner Casello asked what was the procedures being used to check the lights. Sergeant Hawkins indicated he uses a stop watch and the cameras to back that up. If they are not correct the County was very good about maintaining the traffic light. Commissioner Casello asked how often the County comes down to check the timers. Sergeant Hawkins responded they are monitored electronically. Commissioner Casello asked if they can do it remotely. Sergeant Hawkins replied yes. Sergeant Hawkins reported the red-light camera citations were up 47%, the second offenses are down, less than 10%. Mayor Grant noted since there was no presentation, just give the numbers to the Commission. 14 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Sergeant Hawkins informed the Commission from 9-1-17 to 12-20-17, 1317 warnings was given, Issued 8869 NOV and total warning and NOV were 10,186. Commissioner Casello asked if that brought them up above 47%. Sergeant Hawkins indicated that brings it up 52%, with again we are at less than 10% for second offenders. Mayor Grant asked for clarification about the 10% for second offenders. Sergeant Hawkins explained people are learning not to run red lights in his opinion. Commissioner McCray stated he learned. Commissioner Casello indicated he was not here to debate the red light camera program. When you say they are up 52%, with all the publicity it should be lower. Maybe we should have more education on that intersection, maybe some timers. Inquired could the City think about placing some signage to give more information. He asked if the sign could be larger. He spoke with the City Manager about the income from the cameras. Some of that money could be used to piggy back on some of the programs that already exist. He does not want distractions; he wants people to pay attention to the signal. Citations were up 52% so people are not paying attention. He does not understand the second offenses. Mayor Grant asked if we could make the signs as large as the law allows for each intersection. Sergeant Hawkins replied we need to work something out. Mayor Grant stated there was a permanent sign on Congress and Boynton Beach Boulevard. Vice Mayor Katz gave everyone a 10 second red light lesson. It has nothing to do with the red light camera. The green means go, yellow means to proceed with caution, and red means to stop. The percentages of residents are 25% to 30% the others are not from Boynton Beach. Commissioner Casello stated if you have a lesson plan, and 58% of the students were not getting it, this would be a classroom you may want to change the lesson plan, Vice Mayor Katz stated if 90% don't get a ticket that was an A; and on the subsequent test they received a 90% then it was a win. Mr. Garcia inquired if the Sergeant was checking all the lights. He asked the Sergeant to go to Gateway going from east to west. When was the last time this light was checked? Sergeant Hawkins stated the light was not checked on Searcrest and Gateway. This will be checked tomorrow morning. 15 Meeting Minutes City Commission Boynton Beach, Florida 11. UNFINISHED BUSINESS January 16, 2018 A. Commissioner Romelus requested discussion relating to her recent appointment of a regular member of the Planning and Development Board as an alternate member of the new 2018 Board. Commissioner Romelus indicated she wanted to change Kevin Fischer as a regular and Mr. Gropper as alternate member to the 2018 Planning and Development Board. Commissioner Romelus was not aware Mr. Fischer was already on the board as a regular member of the Planning and Zoning Development Board. She wanted to switch the two positions. Mayor Grant asked if there was only a motion required. Attorney Cherof stated that was correct. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed 12. NEW BUSINESS A. Approve the request of Mayor Grant to distribute $200 of his Community Support funds to Robert E. Wells Foundation. Approve the request of Commissioner Romelus to distribute $250 of her Community Support Commissioner Romelus indicated it was important to celebrate the history of Boynton Beach and thanked Reverend Wright. Motion Commissioner McCray moved to approve motion. Vote The motion unanimously passed Commissioner Casello seconded the B. Approve the request of Commissioner Mack McCray to distribute $500 of his Community Support funds to Robert E. Wells Day. 16 Meeting Minutes City Commission Boynton Beach, Florida Motion Commissioner Casello moved to approve motion. Vote The motion unanimously passed January 16, 2018 Commissioner Romelus seconded the C. PROPOSED RESOLUTION NO. R18-012 - A resolution of the City of Boynton Beach opposing legislative efforts to impede the constitutional right Florida's citizens have to govern themselves under Municipal Home Rule Powers. Commissioner Romelus wanted to add there was House Bill 9 was an issue for the State of Florida, and for some residents in Boynton Beach. When speaking about Home Rule the City of Boynton Beach needs to be aware Bills like this violate the Home Rule ability to govern the City. The Florida Regulators are proposing to usurp the City Police department to do their bidding on immigration, which is a violation of our constitutional rights. If the City was going to support this Resolution the City must also be willing to condemn acts like this in the legislature. Vice Mayor Katz asked if this Resolution was being passed as written. Mayor Grant replied correct. Motion Commissioner Casello moved to approve. Vice Mayor Katz seconded the motion. IdI•T1 The motion unanimously passed D. Authorize the Mayor to attend the National League of Cities (NLC) Congressional City Conference in Washington, DC, March 11, 2018 thru March 14, 2018. The Mayor is requesting the City pay for the registration fee and one (1) night's hotel stay. Motion Vice Mayor Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 17 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 E. Received a letter from Community Standards regarding the new Chronic Nuisance Property Code Ordinance 17-012. Mayor Grant asked for clarification regarding the letter sent out to the community. Please explain what the letter explains to each property owner and how the City was moving forward, like parking in the bike lane or other violations. Mark Woods, Director of Community Standards, explained this was a mass mailing sent out to all City of Boynton Beach Businesses. The letter was meant to advise businesses of the new Ordinance. This was an advisory letter. Mayor Grant noted there was an email called eyesore@bbf1.us. He asked if this was a monitored email. Inquired if someone neighbor was not following Community Standards the concerned resident could send a picture at the provided email with the address of the violation. Mr. Woods indicated the first thing that would happen would to take a look at what was being complained about. If this was a criminal activity, the Police Department would be contacted. If it was not a criminal activity the Community Standards Department would investigate. Commissioner McCray noted he received calls regarding the mass mailing. He asked if the letter could indicate this was for informational purposes only. Mr. Woods agreed. Commissioner Romelus wanted to relay some information from a constituent. She stated staff has been making telephone calls and trying to find a resolution to the issue the constituent had. She believes this was for the betterment of the community. Commissioner Casello indicated he was on MILK near the substation; the lots heading west are a mess. Mr. Woods stated he has sited them already. Stated the vacant lots are different. Mr. Woods indicated the City had more rain than anticipated. Commissioner Casello said they have everything from living room rugs to building materials. Mr. Woods said the area is being cleaned up as fast as possible. Commissioner McCray contended this was called illegal dumping. F. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways Mayor Grant noted he had an incident, there was someone holding a sign in the street that was blocking the view of traffic. He would like for City staff to regulate people holding signs similar to the Feather Banners, it has to be part of regulations. Currently there was a sign ordinance which prohibits someone from having a logo more than 25% of the sign. The business must acquire a permit which would only be valid from certain hours and only for 180 days. is Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 Commissioner Casello inquired if the feather banner was discontinued. Ms. LaVerriere replied the feather banners were allowed. Commissioner Casello indicated the permit should address how many feet the solicitor may stand within the right of way. Commissioner McCray indicated he was looking at the homeless people standing in the right-of-way. Commissioner McCray felt this needed to be addressed as soon as possible. Mayor Grant stated this was coming up in March. Ms. LaVerriere stated the Police Department was actively addressing this issue; they have made a dent in the activity. Captain Bonafair asked for 60 more days to continue to enforce a variety of statutes. She would like to have more time to address this issue and bring it back to the Commission with other solutions. Commissioner McCray indicated he still sees people in the right-of-way. Mayor Grant requested a consensus from staff to put forward a sign ordinance for people holding signs similar to the feather banner. Commissioner Casello said to take a permit out, then the permit states they must stand a number of feet off of the road. Commissioner Romelus noted as staff creates the ordinance to exercise some caution. The City does not want to prohibit or tie the hands of the local businesses. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 B. Staff to review PBC Ordinance on Panhandlers - March 2018 19 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 C. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park D. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways — (Heard Earlier in the meeting) E. 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 -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) 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). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) F. Legal update on the Quantum Park Overlay District (QPOD) 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:17 p.m. (Continued on next page) 20 Meeting Minutes City Commission Boynton Beach, Florida January 16, 2018 ATTEST Judith Pyle, CMC City C rk L'Oueenester' Nieves Deputy City Clerk 21 CITY OF OY ON BEACH a or - Steven B. Grant a ray Commission - Christina Romelus i n A4 missioner - Joe Casello