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Minutes 03-06-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY MARCH 6, 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 Tim Howard, Assistant City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Chair Grant called the meeting to order at 6:31 p.m. Invocation Reverend Bernard Wright gave the invocation Pledge of Allegiance to the Flag led by Mayor Grant Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Vice Mayor Katz attended the Quantum Park Property Owners Association Meeting. He stated the City owns lands in Quantum Park. Informed the Commission there are 4 new board members elected to the Quantum Park Property Owners Association. Commissioner McCray attended the work fair at the Carolyn Sims Center. Attended a meeting held by Dr. Debra Robinson to elect a new superintendent for Palm Beach County School Board. Thanked Minister Wright for the Robert E. Wells Love Fest; he was very proud of what was accomplished. Commissioner Romelus met with Neil Schiller of P3GM regarding a bike share program. She met with Douglas MacDonald of Quantum Park Home Owners Association, attended the Palm Beach County School Board meeting regarding hiring a new Superintendent. Also attended a great festivity for the dedication of a scoreboard at the Ezell Hester Center. This dedication was done by Bill Tome, a retired Police Officer in the City. Mr. Tome has given back so much to the community. She thanked the students and the parents for their continued participation. Commissioner Casello attended the Palm Beach County School Board meeting at the Carolyn Sims Center regarding the search for the new Superintendent. Mayor Grant, attended a welcoming grand celebration of a new cruise ship in Palm Beach County on February 21. The County will be having a daily cruise ship departures. Mayor Grant stated he took his first trip on the Brightline train to Ft. Lauderdale to attend a meeting with the Ft. Lauderdale CRA. February, 22nd, attended the Education and Youth Advisory Board meeting. February, 23rd, spoke at Boynton Beach Community High School regarding their rally. February, 24th, attended Coffee with a Cop. February, 25th, attended Lake Worth Paint Festival. February, 26, attended the South Central Regional Water Treatment Board with Vice Mayor Katz and Commissioner Romelus. February, 27th, took tour of Palm Beach County Library. He also attended the Palm Beach County School Board event at the Carolyn Sims Center; attended the League of Cities event and was given the opportunity to be assigned to the Criminal Reentry Taskforce. March 1St, attended the East Boynton Beach little league fields to survey the damage from the hurricane. He spoke with Jeffery Livergood, who stated the City should be receiving the netting and canopy very soon. Also, attended the scoreboard Celebration at Ezell Hester Center. March 2nd, attended the Fire Department employee awards, attended the CRA Movies in the Park, and attended the East Boynton Beach little league. March 6th, attended the Business Development Bureau to learn more about exporting medical devices to China, Mayor Grant indicated this resource could be used by businesses within Boynton Beach. Commissioner McCray wanted to thank those who are in the trenches. He indicated there were cracks in the sidewalks and trees overhanging. He stated all of this has been taken care of. 2 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mayor Grant indicated he asked the General Counsel for the Department of State if he could use his campaign funds as the Mayor or as a candidate for Mayor to visit Haiti, which is Boynton Beach Sister City. Indicated once he has a reply he would update the Commission. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Recreation & Parks Director Wally Majors will present a plaque to Kevin Ramsey and Gail Mootz as a token of appreciation for volunteering their time and labor to build Magic Wheelchairs. Will also present the "Barrier Free" Award to Carly Merkle, who has completed 43 5k, including our most recent Barrier Free 5K Run, Walk or Roll. Wally Majors, Recreation and Parks Director, explained this past February the City organized the Magic Wheels and Deals and the 5K event to raise funds for the future improvement of the City parks, but also raise awareness regarding physical and emotional barriers. Mr. Majors would like to honor Carly Merkle. He stated Carly Merkle has completed 43 5K. He continued to say when witnessing her determination and perseverance there are no barriers. He would like to also honor, Valeri Mathew with Caps of Love. CAPS of love refurbish old wheel chairs. Mr. Majors stated the spirit of the magic wheel chair could not be accomplished without a magic wheel chair. The City was very lucky to have two very special people in Kevin Ramsey and Gail Mootz; these two built the magic wheel chair. Thanked Kevin and Gail and showed a video of the work in progress. Commissioner McCrary stated he was impress to the young lady which did the 43 5ks. B. The Mayor to present South Tech Academy C.O.R.E. Transition Program Student Interns, Dakota Tollefson and John Mesa, with a Certificate of Recognition for their internship completion and a summary of the internship provided by ADA & Grants Coordinator, Debbie Majors. Debbie Majors, ADA and Grants Coordinator, stated since January 2018, South Tech Academy had students come to City Hall to see what opportunities are available. Partnerships between the City of Boynton Beach and organizations serving individuals with disabilities is important to educate staff and remove stigmas and provide opportunities for individual to try new things and take steps towards greater independence. The C.O.R.E. was created to give students the insight into how technology was used throughout the City to provide services to the public. Several departments had the opportunity to provide the students with an orientation and valuable experiences. Wanted to thank Theresa Thomas with the C.O.R.E program at South Tech Academy. 3 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 C. Announce that the City of Boynton Beach achieved "SolSmart Gold" designation for advancing solar energy growth by Rebecca Harvey, Sustainability Coordinator. Rebecca Harvey, Sustainability Coordinator, was very proud to announce the City of Boynton Beach was awarded the designation of a SolSmart Gold Community. The U.S. Department of Energy funded a program which provides technical assistance and recognition to communities in making it faster and easier for residents and businesses to install solar energy. The program focuses on reducing the soft cost of solar, which refers to administrative processes which can increase time and money to going solar. The benefits include increase return on investments for solar customer, time and money savings to the City through developing more efficient processes. The City of Boynton Beach has taken several steps to earn this highest designation of SolSmart Gold.The City has streamlined the solar permitting process. Nationwide the City of Boynton Beach was joining more than 180 cities, counties and towns in Florida. The City of Boynton Beach is only one of five cities to receive this designation D. Announcement of the upcoming Community Fitness Day event by Mary DeGraffenreidt, Events and Program Manager. Mary DeGraffenreidt, Events and Program Manager, stated the City of Boynton Beach will be hosting a Community Fitness Day on Ocean Avenue, March 10, 2018, from 10:00 am-1:OOpm. There will be more than 25 fitness, health, wellness vendors and activities available for all ages. This event is geared toward addressing the importance of exercising, eating healthy and learning how to maintain a healthy lifestyle. She continued to say bring your bike to participate in a route led by Boynton Beach Police Department as well as your sneakers for the hunger walk being sponsored by the Community Caring Center. All minutes accumulated during the Community Fitness event would county towards Let's Move Boynton. E. Announce the Boynton Beach CRA 4th Annual Blarney Bash will be held on Saturday, March 17, 2018 from 4:OOPM to 9:OOPM on East Ocean Blvd between Seacrest Blvd and NE 1st Street. Postcards are available in the back of the Chambers. Mayor Grant announced the Boynton Beach Annual Blarney Bash. Mercedes Coppin, CRA Special Events Coordinator, the 4th Annual Blarney Bash will be held on Saturday, March 17, 2018 from 4:00 to 9:00 PM along East Ocean Blvd between Seacrest Blvd and NE 1St Street. This was a festive event. This event was for attendees of all ages. There will be live music, Cocktails & Craft Beer, Food Court, Iris Step Dancers, and Shamrock Costume Contest for both adults and children. There will be free parking for all. 2 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 F. Announce Special Meeting of the City Commission and CRA on Tuesday, March 13, 2018 at 4:00 pm in the Library Program Room to discuss Town Square Project. Staff will present the final project budget/costs/schedule, etc. and anticipates having contract documents ready for the City Commission's review and approval. Mayor Grant announced a Special Meeting of the City Commission and the CRA on March 13, 2018 at 4:00 pm in the Library Program Room. G. Proclaim the month of March as National Women's History Month. Members of the National Coalition of Black Women will be present to accept the proclamation. Mayor Grant read the Proclamation for the National Women's History Month. Members of the National Coalition of Black Women were there to accept the proclamation. Rhonda Williams -Turner, President of the South Palm Beach Chapter, wanted to thank the Commission for this opportunity to come forward for the proclamation. 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) Mayor Grant opened public audience. Susan Oyer, 140 SE 27 Way, wished the Mayor a Happy Birthday. Pointed out it was 45 degrees in Greenland; Greenland lost a piece of ice the size of New Hampshire. Stated this generation could be the last to see the polar bears. Rev. Bernard Wright, CEO of the Bernard Wright Ministries, Robert E. Wells Foundation, 713 NW 2 Street, thanked the Mayor, Deputy Chief Latosha Clemons and all those concerned. Presented a petition, which was given to the Clerk. Reverend Wright read the petition into the record (see attached). Reverend Wright stated the residents needed some place to go. He speaks for the people. Thanked the Commission for listening. Todd Wolters 815 West Boynton Beach Boulevard, spoke about turning Oceanfront Beach Park into a dog friendly beach. As someone who grew up with dogs and loves dogs, he does not think this beach was the best choice. Ocean Front Park was one of the cleanest, nicest beaches in Boynton Beach. He stated once the dogs are allowed on the beach, the citizens needed to watch where they are stepping. He inquired if there was going to be was there going to be any type of leash law. Again he stated l Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Oceanfront Park was not a suitable place to have a dog park. Asked if there would be any type of breed restrictions. Scott Riebman 407 NE 1St Street, heard there would be an update of the sign ordinance. Indicated he stands on the corner of East Ocean, and this was supplemental income for him. Stated if this passes he will lose his income. The people who are working as sign holders are on the lower economic spectrum. Timothy McTigue, 130 NE 4 Avenue, would like to know where the Commission gets their jurisdiction to pass any laws. Mr. McTigue requested a copy of the jurisdiction. Attorney Cherof responded the jurisdiction was through the City Charter, which could be found online on the City of Boynton Beach website, there is a link to the Charter. Mr. McTique stated he was an American Citizen, not a United States Citizen. Mayor Grant seeing no one else coming forward closed Public Audience. 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: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alts Employee Pension Board: 1 Regs Historic Resource Preservation Board: 1 Reg Senior Advisory Bd: 2 Alts Mayor Grant announced there were no applicants for the Arts Commission, Building Board of Adjustments & Appeals, Employee Pension Board, Historic Resource Preservation Board, or Senior Advisory Bd. 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 Commissioner Casello pulled item 6 F for discussion. 101 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mayor Grant pulled item 6-C for discussion. A. PROPOSED RESOLUTION NO. R18-0035 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach.. B. PROPOSED RESOLUTION NO. R18-036 — Approve renewals of Bid No. 0-1710- 13/JMA with Commercial Risk Management and Gallagher -Bassett for Third Party Administration Services for Workers Compensation claims and Adjuster Services for Property and Casualty claims. The total estimated annual expenditures are $68,000. The renewal period begins January 1, 2018 and terminates one year from that date. Amend the FY 2017-2018 budget which will adjust budgeted appropriations and revenue sources and provide spending authority for prior year Capital Improvement Projects (CIP) Purchase Orders and approved projects that need to be rolled into the current fiscal year. C. PROPOSED RESOLUTION NO. R18-037 - Authorize the City Manager to sign Letters of Intent (LOI) for three temporary lease spaces to allow staff to negotiate a final lease which will be brought back to the City Commission for review and approval. Mayor Grant indicated he was able to review the letters of intent for the temporary lease spaces. He stated this was if the buildings would be torn down before the police station and the new City Hall was built. Colin Groff, Assistant City Manager, indicated these were proposals to begin negotiations with the three properties for the space to lease for the Library, Police Department and City Hall. If the City moves forward with the project the City would begin demolition of the Library, Police Department and City Hall all at the same time. The City would need a temporary place for employees. Mayor Grant indicated he would like to have a cost analyst; paying rent verses not paying rent. Mayor Grant asked if there were some unforeseen instances when building the Police or the Library, the City may have additional rent because of delay. He was unsure the year these buildings were constructed; maybe in the 50's or 60's and there may be some unforeseen issues once the buildings are destroyed. The City may have additional costs because of delay. Mr. Groff indicated the buildings are not quite that old, but close. Mayor Grant stated the City did not know what we will be digging up. We may see another year of extra rent. Inquired as to how much rent will be paid, what was the best scenario versus waiting until the new City hall was built. He wanted best or worst case scenario. If the police or the library is not torn down the City can wait for both of those places. 7 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mr. Groff responded this information will be provided. Mayor Grant stated a lot of people have lived in Boynton Beach for a long time. When the City tears down everything, the people will. be very upset. The Commission needs to make the best decision in tearing down City Hall. Mr. Groff indicated the information requested will be given to the Commission. Commissioner McCray needed additional clarification. Stated this project should not cost the City any funds according to his discussion with Tim Howard, Assistant City Manager.. Mr. Groff replied what was being done tonight was approving letters of intent, this does not cost anything. This allows the City to negotiate the lease agreements. This information has to come back to the City Commission. There was no commitment on the City. Staff needs permission to get the information from the property owners. Commissioner McCray stated there was no commitment until the City gets ready to move into the temporary building, at which time the City would need to pay rent on the leased space. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. Accept first quarter report on operations of the Schoolhouse Children's Museum an Learning Center for FY 17/18. E. Approval funding in the amount not too exceed $10,000 for a Commercial Interior Build -Out Grant and an amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to Soleil Early Learning Academy, LLC., 2702 SW 8th Street, Boynton Beach, FL 33435. F. Approve the rankings as recommended by the Selection Committees and authorize staff to conduct negotiations with the recommended top ranked proposers in each of the five (5) Scope Categories, to establish contracts in accordance with Request for Qualifications (RFQ) No. 046-2821-17/TP for General Consulting Services and as per Florida Statute 287.055, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). At completion of negotiations, contracts will be brought back to the Commission for approval. Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Commissioner Casello stated these RFP's were sent out for general Consulting Services, the infrastructure improvement and evaluation. There were two companies tied. Since the City has done a lot of work with CDM Smith, he would like to add thein as third vendor. Mayor Grant indicated when we agree, staff has begun negotiations; he would like to hear from the engineering consulting firms. He believed they were in a cone of silence. Tim Howard, Assistant City Manager replied until the Commission takes action on the item there was still a cone of silence. Mayor Grant said the cone of silence will be done after the Commission has made a decision regarding this item. Mr. Howard indicated if the Commission approved what was in front of the Commission; staff will begin negotiations for the contracts which will be brought back to the Commission for a final vote. Mayor Grant stated he reviewed the scope of work and there are many items in the scope of work. He asked if the City was getting the best price for the project. Mr. Howard gave some background information on the process. He indicated when the RFQ went out there were the general consulting services were separated into five scope categories: Scope A, Water Plant Modifications, Capacity and Operation Evaluation, which received 8 proposals; Scope B, Infrastructure Improvements and Evaluations, received 28 proposals; Scope C, Ancillary Studies and Services, received 10 proposals; Scope D, Transportation Services, received 8 proposals; Scope E, Architectural and Landscape Design Services, received 11 proposals. Mr. Howard said per the RFQ, a minimum of two (2) and a maximum of three (3) firms were selected for approval. The contracts would be utilized on a rotational basis. The Committee chose 3 in Scope A, 2 in Scope B, 2 in Scope C, 2 in Scope D, and 3 in scope E. Commissioner Casello mentioned CDM Smith, that this review committee recommended two contractors. Mr. Howard indicated the Commission could add contractors to the group. Based on the vendors which were interviewed, the Commission has the ability to not accept the ranking, or they can request oral presentations. He would not recommend using only one scope of work. Mayor Grant inquired about the new ranking for CDM Smith for scope B as part of the three, if this was allowed. Mr. Howard suggested if the Commission is going to add CDM Smith to scope B, the Commission may want to consider adding AECOM since they were tied. Mayor Grant said the issue was the RFQ has a maximum of 3. D Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mr. Howard stated it was within the Commission rights to make those changes. Mayor Grant asked what the difference between having 3 Engineering Firms versus 2 Engineering Firms for the other scopes where 2 firms were selected instead of 3. Mr. Groff indicated on scope B, which was pipe work, which has the majority of work being done by Utilities having four consultants was helpful. The reason it was not recommended was because the RFQ stated we could only go to 3. From the Utility standpoint they are fine to have 4 contracts. Mayor Grant said regarding scope C does it make a difference having a 3rd engineering firm. Mr. Groff indicated they did not have a tie. There was a maximum number set at 3. The City rotates so that all firms receive a portion of the work. Commissioner Casello asked what the disadvantage of having more engineering firms. He indicated this would be better for the City. Mr. Groff replied it depends on the category; some of the categories do not have a lot of work. The more engineering firms which are contracted the less amount of work to be divided. In category B there are more than two projects. In category C was ancillary study; those are studies the City performs. The Committee made recommendations. We do not want too many because no one get works. It can make it difficult to manage when there are too many firms. Commissioner McCray asked if CDM Smith was on the rotating schedule before. Colin Groff replied CDM Smith was not on the rotation schedule previously. This was General Services only up to a maximum amount of money. Commissioner McCray indicated he was in favor of adding three or four in the sections which are needed. For those which do not have three make sure they have three. Staff did the ranking but the Commission is the policy makers. Mayor Grant stated based upon Commissioner McCray's Motion, the Commission would add CDM Smith and AECOM Technically Services to scope B, and 3 contractors for all scopes which include those which do not currently have a 3rd ranking. Commission Casello stated he would like to recall his motion and refer to Commissioner McCray's motion. 10 Meeting Minutes City Commission Boynton Beach, Florida Motion March 6, 2018 Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. G. Approve the minutes from the Regular City Commission meeting held on February 20, 2018 Mayor Grant asked for a motion to approve Consent Agenda item. Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of new and replacement vehicles as approved in the FY2017/2018 budget in the estimated amount of $1,541,289.42 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA17-VEH15.0, FSA17-VEL25.0 & FSA16-VEF12:0, National Joint Power Alliance Contract #031014 -TMP and three bids for a Police vehicle. Mayor Grant asked if it was possible to use an electric vehicle for any of these replacement vehicles. Mayor Grant requested a cost analyst for the electric vehicles. Jeffery Livergood, Directory of Public Works and Engineering, stated the cost analysis .has not been done. Mayor Grant asked for a motion. 11 Meeting Minutes City Commission Boynton Beach, Florida Motion March 6, 2018 Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. Approve the third and final one-year renewal for the "Annual Supply of Sodium Hydroxide (Liquid Caustic Soda) Bid No. No. 025-2821-15/JMA to Brenntag Mid - South, Inc. of Orlando, Florida with an increase of $89.10 per dry ton, for a revised price of $632.10 per dry ton. This product will be ordered on an as needed basis for an estimated annual expenditure of $120,000. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-001 - SECOND READING - Approve MLK South Rezoning (REZN 18-003) from MU -1_2 (Mixed Use—Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.97 acre area. Applicant: City -initiated. Attorney Cherof read the Proposed Ordinance No. 18-001 into the meeting. Attorney Cherof swore all who wish to speak. Hanna Matras, Senior Planner, indicated this was a City initiated zoning. Advised the subject area, provisionally referred to as MLK South, consists of seventeen parcels, ten of which are owned by Boynton Beach CRA. The remaining seven parcels are privately owned. The site has been given a zoning of Mixed Use Medium. The CRA 12 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Plan recommended major changes to the City's future land use and zoning structure. The "new" FLU structure is now reflected in the amended FLU map, with the subject property classified MXM, Mixed Use Medium. It has two corresponding zoning designations. Staff recommends MU -2 have a maximum density of 40 dwelling units/acre. The subject property's current MU -1_2 zoning with a maximum density of 30 dwelling units per acre is part of the "old" structure and has been phased out. Commissioner Casello Inquired if the owners of the properties have been notified. Ms. Matras responded the owners have been notified and no responses have been received. Mayor Grant asked for a motion. Motion Commissioner Romelus moved to approve. motion. City Clerk Pyle called the roll. Vote 5-0 Commissioner McCray seconded the B. PROPOSED ORDINANCE NO. 18-002 - SECOND READING - Approve Neelam (fka Schnars) Business Center Rezoning (REZN 18-004) from MU -L (Mixed Use Low District) to MU -1 (Mixed Use 1 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 0.52 acre property. Applicant: City -initiated. Mayor Grant asked for a motion. Attorney Cherof read Proposed Ordinance No. 18-002 by title only, on second reading. Attorney Cherof swore in those who wished to speak. Hanna Matras, Senior Planner, related the subject property, provisionally referred to as Neelam Business Center, consists of two parcels in the Federal Highway District North as designated by the 2016 CRA Community Redevelopment Plan. The property was approved for an office/retail project in 2005. The site plan has since expired and the site is currently vacant. 13 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mixed Use Low District has been outdated. The MXL classification allows for a maximum density of 20 dwelling units/acre and has only one corresponding zoning designation, MU -1. Therefore, MU -1 is the only designation that is consistent with the recommendation of the CRA Plan. Note that Mixed Use Low, the property's current zoning designation, permits a significantly higher maximum density of 40 du/acre. However, this designation has effectively been defunct since the 2004 code amendments. Mayor Grant inquired if the City knew the name of the Owners of the property. Ms. Matras responded the owners name was AALLC. Mayor Grant inquired if this company owns any businesses in Boynton Beach. Commissioner Casello asked the size of the property. Ms. Matras replied the parcel was more than a half of an acre, 0.52 acre. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. City Clerk Pyle called the roll. Vote 5-0 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R18-038 - Commission to consider a land sale agreement to Leisureville for land parcel adjacent to Palm Beach Leisureville. Attorney Cherof, stated in the agenda package there was a sale and purchase agreement with Leisureville based on the discussion the Commission had at the last Commission meeting. Attorney Cherof indicated in section 7-A, there was a reference to a special Warranty Deed which has language which states the property must be used as a traditional park and ultimately for revision of ownership to the City if the owner does not conduct it in that fashion. Attorney Cherof indicated the City needed to decide how long the restriction is to remain on the property. It was up to the City to decide about the time period. fiV Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Commissioner Casello stated he spoke with Shirley Casa of Leisureville and she indicated the agreement had just been received by the Association. The Association will review with their attorney. Mayor Grant said if Leisureville was asking to table the resolution. Commissioner Casello said not to table, but to provide an update with the purchase and sales agreement. Attorney Cherof indicated that would be an alternate to allow time for review of the contract and give the City an opportunity to review the language of the proposed document. Motion Commissioner McCray moved to table the item to the next meeting, March 20, 2018. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION R18-039 - Approve Resolution supporting firearm regulation. Commissioner Casello stated at the last meeting he directed staff to put a resolution together regarding gun control. Stated as a municipality they are preempted by the State into making a law or an ordinance on gun control. Legal looked at other municipalities and has prepared a resolution for the City of Boynton Beach. Commissioner McCray noted since this resolution was approved; the City cannot preempt the State law. Stated the City was only supporting gun laws controls. Mayor Grant asked the City Attorney if having a resolution violated any Florida Statutes. The City of Boynton Beach was not implementing any regulations. Attorney Cherof responded the City of Boynton Beach was not in violation of any Florida Statutes. He stated this resolution does not place the City at any risk; the Commission was expressing their collective intent. Mayor Grant indicated he was concerned with the language of the document. Commissioner McCray asked if the government "failed". 15 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Commissioner Casello stated he believed the government had "failed"; he wanted to keep the language. Commissioner Romelus suggested to keep the "continue to fail and implement". Mayor Grant stated the resolution will keep "continue to fail to act to implement" into the resolution. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-040 - A resolution of the City of Boynton Beach supporting the creation of a Community Redevelopment Agency (CRA) in the Village of Palm Springs, FL. Tim Howard, Assistant City Manager stated the City has received a request from the Village Manager of Palm Springs requesting a Resolution/Letter of support for the Village's request to establish a CRA within their community. Commissioner McCray thanked Mr. Howard for the clarification. He was in support of providing a letter. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion passed unanimously. B. Receive update on sign ordinance as it relates to people holding signs in public rights of ways Mayor Grant asked what is considered a public right -of- away. Andrew Mack, Director of Development, stated a public right of way was property owned by a City, State or Federal government. Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mayor Grant indicated if he steps one foot back from the sidewalk would he still be on a public right- of- way. Mr. Mack stated you could be, on private property, it depends on different circumstances. Mr. Mack stated staff was directed to review the current Sign Code ordinance and make a recommendation on whether the City could enforce people holding signs in the right of way. Staff performed an evaluation and determined there was language in the code as written which regulates off premise signs, that was what was being presented. Mayor Grant stated citizens are using this as a livelihood. His concern was not necessarily if someone steps on private property, how will the City enforce this. Will the City arrest them; will the City require them to have a letter from private property owners? Mayor Grant asked who would enforce this action. Mr. Mack stated the enforcement action would be a curtesy notice; this would be through the Community Standards Division. They would follow up with a notice of violation and hearing, if compliance was not met, then the City could issue a notice to appear which would be issued by a police officer. He continued to say as far as being on private property; the City does have an off premise sign code. There was specific language which would regulate different types of signs. If it was an allowed sign the business needs to come in and get a permit. Mayor Grant stated no one should be on a public right -of- way because the City does not have a permit process. Mr. Mack responded you cannot have a sign that was advertising a business, because it was an off premise sign, they are prohibited in the current code. Mayor Grant asked if the person was on private property are they still prohibited by the City Code. Mr. Mack responded by saying they are not prohibited because it was not an off premise sign, but there are specific signs that are allowed by Code. If the sign does not fall within certain criteria, the business owner would need to get a permit to have an allowable sign. Mayor Grant asked if they are allowed to hold signs on private property. If someone holds a sign on their property is that allowed. Mr. Mack stated no, because it was not an approved sign. Currently there are several approved signs. Mayor Grant said every sign in Boynton Beach should be permitted. Mr. Mack responded that was correct. Mr. Mack stated some typical signs would be a sign mounted on a cabinet, wall mounted signs, and some signs were grandfathered in. There are some signs which are exempts, such as real estate signs, political, yard signs for residence. He stated currently no sign holding was allowed. 17 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2018 Mayor Grant said based upon the City ordinance, no sign holding in Boynton Beach was allowed. Commissioner McCray asked if there have been some complaints from any property owners. Mr. Mack replied the City has received complaints in the past regarding people in the right-of-way. Commissioner McCray asked was this from the owner of the property or people passing by. Mr. Mack indicated usually the complaints were from people in the right away, adjacent owners, or someone in a vehicle who had their vehicle obstructed. Commissioner Casello stated he did not see this as a problem. He indicated he has seen this as a way of life for these sign holders. Commissioner Casello asked how many people have called to complain. Mr. Mack stated he did not have the statistics on the complaints. He indicated the City has less than five. Commissioner Casello indicated he believes there was a larger issue with signs which say mattress sale on the median and walkways. He said the gentlemen which spoke before; this was his livelihood to hold the sign. Commissioner Casello asked how the City enforces sign holders. The City does not have the personnel to chase sign holders. He said this was an inconvenience, but he does not see this as a safety or public health issue. Mayor Grant stated he was in the area near CarMax, there was a person screaming, which was very distracting to him. Currently sign holding was not allowed in our City. We can enforce it, but have chosen not to enforce it. He wanted to know if the Commissioner wanted to make this more like the Feather Banner. Some sort of permitting requirements. The business owners need to apply for a permit. The Feather Banners leave at night. He would like to see some type of permitting requirements, such as permission of the adjacent property owners, and certain hours Commissioner McCray stated the sign holders leave at night as well. The sign holders are not 24 hours a day. Commissioner Romelus said as a government entity their job was not to overregulate or over permit business owners. She wanted to encourage businesses to operate within the City of Boynton Beach. She suggested asking the business owners to make sure the marketing professionals are not blocking the right -of- way. Commissioner Casello stated sign holding was not allowed. He suggested the City should take this on a case-by-case basis. Mayor Grant stated if there are complaints then the City would get involved. This was to be handled on a case-by-case basis. im Meeting Minutes City Commission Boynton Beach, Florida 12. LEGAL — None 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - TBD B. Commission to discuss vice mayor selection - March 20, 2018 March 6, 2018 C. Result of Textile Recycling RFP and recommendation - March 20, 2018 D. Members of the Commission has requested to review and discuss the Public Arts Ordinance - March 20, 2018 E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park F. Vice -Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD — TBD G. Mayor has requested to discuss a sustainability committee — TBD H. Approve One Boynton (aka Las Ventana) Rezoning (REZN 18-005) from MU -L (Mixed Use Low District) to MU -4 (Mixed Use 4 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 14.6 acre property. Applicant: City -initiated. -- March 20, 2018 Approve Timeless Life Care and 601 S. Federal Mixed Use rezoning (REZN 18- 006) from MU -1_2 (Mixed Use Low 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.41 acre area. Applicant: City -initiated -- March 20, 2018 J. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of the SW 24th Avenue adjacent to 1-95 - TBD 19 Meeting Minutes City Commission Boynton Beach, Florida 14. Adjournment Motion March 6, 2018 There being no further business to discuss, Vice Mayor Katz moved to adjourn, Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:01 p.m. (Continued on next page) 20 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Jud' A. Pyle, CMC CitKlerk Queenester Nieves Deputy City Clerk 21 March 6, 2018 CITY OF r - Steven B.eZrant Vice Mayor - „ ristin - melus I ----r ; j mi missioner - Joe Casello