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Minutes 03-20-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, MARCH 20, 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 Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk A. Call to Order - Mayor Steven B. Grant at 6:30 p.m. Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested an addition to the agenda; he would like to place State Representative Lori Berman update at 3.A. Motion Commissioner Casello moved to approve the agenda as amended. Commissioner McCray 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 20, 2018 Mayor Grant noted March 7th, had lunch with Roger Kirk and David Scott, March 8th, attended Mary Jenson's 100th birthday, March 9th, in Washington DC for the National League of Cities Congressional Conference, attended the Business Development Bureau for site planners. On Saturday March 10th, attended a class entitled "Tying the Budget to Priority and Long Range Planning". March 12th, attended a morning session with Bob Schieffer from "Meet the Press". Attended a class regarding raising tide it speaks about Building Wealth in the Community, attended the morning, Raising Tide of Preemption and What was Happing in the Courts. Also went to the Finnish embassy and young leader's happy hour. Stated on Tuesday, March 13th, approved Town Square. March 14th attended the career day at Manatee Elementary School. Complete Streets Summit which Palm Beach County Transportation Planning Agency held. He believed the City needs to look into having an ordinance for complete streets before Town Square is started. This should be done so that both the State and Federal government know what the City expects when roads are built within Boynton Beach. March 14th attended the Transportation Planning Agency in the Acreage. March 16th had a meeting with the HUD investigation regarding the moratorium for group homes. March 17th, attended the Blarney Blasts, March 18th conducted the Gold Coast band, and on March 20th they will have their final concert. On March 19 attend the luxury Chamber of Commerce event. March 20th met with FEMA internal affairs agent, and attended an event with Lang Realty at the intercostal Park Club house. Commissioner Casello met with a HUD investigator. Commissioner Romelus met with a HUD investigator and attended the Community Fitness Day in conjunction with the Community Caring Center. She had her family in the audience. Commissioner McCray met with a HUD investigator. Met with a representative from INCA. Met with Assistant State Attorney Allen Johnson regarding the opioid epidemic. Vice Mayor Katz indicated he met with the HUD investigator 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. State Representative Lori Berman update. State Representative Lori, indicated this was the most difficult session, because of the Marjory Stoneman Douglass incident. It changed the tenor of the session. An $88 Billion dollar budget passed in the State of Florida. The State did not give teachers any raises; education funding was the same as it has been. Here in Palm Beach County people need affordable housing. She will continue to fight for more money for affordable housing. There was $100M for Florida Forever, last year there was nothing. Last year there was $50M for restoring the Herbert Hoover Dike. The tax package was lower this year; there will be hurricane preparation sales tax holiday June 1-7, 2018. This year school sales tax holiday will be three days only August 1-3, 2018. 2 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Representative Berman stated the House session began with Hurricane Irma, the nursing homes death, the Me -Too movement, all of that was eclipsed with what happened at the school. She stated not much was done regarding the hurricane. There was some tax exemption with hurricane Irma, with nursing homes to buy some generators. Marjory Stoneman Douglas Bill passed, indicating the bill was $400M, about $67M goes to mental health, about $90M has been allocated to school Hardening, and the bill also includes gun restrictions. The new restriction states a person must be 21 years old to purchase a firearm, a 3 -day waiting period, cannot purchase own or possess a bump stock. A bill she sponsored, if you are a law enforcement personnel, you can go to a court and ask for them not to be able to purchase a gun. This was an historic year, there were people on all sides and we came together and got it passed. The students and the parents came to Tallahassee and the legislature passed some bills. The other problem which Palm Beach County has had for many years has been the opioid crisis. Physicians are now limited to give opioids for 3 days only. She states they are trying to stop people from getting addicted to opioids. There will be many constitutional amendments on the ballot. There are four that are already on the ballot. Homestead exemption for people whose property was $100,000 to $125,000 would receive an exemption. There will be a restoration of rights for felons. There was an amendment which requires a super majority in the legislature to raise any taxes. She was concerned that this would tie the hands of future legislatures. She indicated she has trust in the legislature. She was happy to report that the League of Cities and the League of Counties came together. If anyone was contracting recycling material, also a preemption regarding access to beaches on private properties. She was disappointed the Bill texting while driving did not pass. This Bill was held up in the Senate. The marriage license Bill passed, the State of Florida applicant must be 18 years of age to get married. Lori LaVerriere, City Manager, stated the City of Boynton Beach Law Firm, Goren, Cherof, Doody & Ezrol, presented a new piece of gun legislation which an individual y deemed dangerous, guns could be taken away. Commissioner Casello commented their texting bill went through all of the House and then tied up in the Senate. Hopefully Representative Berman would be successful in her bid for the Senate seat. Commissioner McCray stated he was a little taken aback, when Representative Berman stated there was not any money for education. 3 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Ms. LaVerriere informed the Commission and Representative Berman there was an appropriation of $300,000 which was not vetoed by the Governor for the reclaimed water supply. B. The 7th Annual South Florida Police K9 Competition will be held March 24, 2018 from 2 p.m. - 8 p.m. at Boynton Beach High School. More than 30 K9 teams from across the state will compete in an obstacle course and the hardest hitting/fastest running dog competition. This is a free community event. There will be a bounce house, rock climbing wall and SWAT obstacle course for the kids. Food and drinks available for purchase. No pets allowed. For more information, visit www.sflpolicek9competition.com Mayor Grant announced the 7t" Annual South Florida Police K9 Competition would be held March 24, 2018 from 2 p.m. - 8 p.m. at Boynton Beach High School. C. Announcement by The Links at Boynton Beach Golf Course of the winners of the 2017/2018 Palm Beach County Women's Interclub Match Play League. Colin Groff, Assistant City Manager, announced the Links at Boynton Beach Gold Course winners of 2017/2018, introduced the team of the Palm Beach County Women's Interclub. Noted the ladies have come in first place. They have won two years consecutively. The nice thing about Boynton Beach was the trophy gets to be displayed at the Golf Course. Commissioner Casello thanked the ladies of the Links; the City appreciates everything which the ladies have done. D. Announcement by Recreation & Parks Director Wally Majors about the Youth Symposium that will be held at the Carolyn Sims Center on Saturday, April 7, beginning at 10 A.M. Wally Mayors, Director of Parks and Recreation, wanted to invite everyone to attend the Youth Symposium regarding cyber bullying. E. Announcement by Mary DeGraffenreidt, Events and Programs Manager regarding the annual Egg-Stravaganza, which will be held at Ezell Hester, Jr. Community Center on Saturday, March 31, 2018, from 10 a.m. - 12 p.m. Mary DeGraffenreidt, Events and Program Manager, noted on Saturday, the annual Egg-Stravaganza will take place at the Ezell Hester, Jr. Community Center on, March 31, 2018, from 10 a.m. - 12 p.m featuring Peter Cottontail, All golden egg winner will receive a special prize basket. Hop on over to the Egg-Stravaganza and have a photo taken with the Easter Bunny. M Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner McCray inquired as to why the change of venue for the Egg- Stravaganza. Ms. DeGraffenreidt indicated the Barrier Free Park added new playground equipment which limited the space. The Recreation Department wanted to open the area to add more play features, games and a variety of egg hunts. Ms. DeGraffenreidt said the Ezell Hester Center would accommodate all of the features Mayor Grant asked if there was a place for overflow parking. Ms. DeGraffenreidt indicated, the Parks and Recreation could shuttle residents in. F. Announcement of the launch of the City's new website on Tuesday, March 20 by Eleanor Krusell, Director of Public Communications and Marketing. Eleanor Krusell, Director of Public Information and Marketing, announced the City launched the newly designed webpage. The City previous website was developed 14 years ago, a redesigned was 5 years ago, the top five goals were: utilization of gribble, responsive design, customer driven, ADA compliant and brand driven. The purpose of the site was to provide a clear concise adaptable format. The site was not departmental driven but customer driven. Laura Lansburgh, Marketing Manager, noted the main social feeds are on the home page. The approximately 2500 pages on the past website were reduced to 250 pages. Ms. Lansburgh stated fillable forms, the ADA color compliance, online permitting and payment, adding additional module to engage the community. The City encourages feedback, and will modify the site to meet the residents' expectations. Commissioner Casello wanted to thank staff, the webpage was user friendly. He stated for the residents to be able to go on the website, it has taken a lot of time and once the bugs are ironed out it will be second to none. Commissioner Romelus indicated the website was user friendly. G. Announcement of the Announcement of the "Go Green Boynton Beach" events by Rebecca Harvey, Sustainability Coordinator. Rebecca Harvey, Sustainability Coordinator, stated the team first event was Green Energy on March 28th at the Intracoastal Park reducing energy, test and improve their home energy efficiency, wind resistance, PACE financing, how to afford solar. Ms. Harvey stated March was Florida Bike Month, hosting a Bike to Work Week. This was the final week of Let's Move Challenge. Please contact Harveyr(o)_bbfl.us to sign up for Bike to Work Week. Ms. Harvey noted April 21, 2018 was Earth Day weekend. There will be Earth Day vendors, information about going green. Staff encourages all residents to plant trees on behalf of Arbor Day. 5 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 H. Proclaim the month of April as Water Conservation Month for the City of Boynton Beach. Laura R.H. Corry Regional Representative for the South Florida Water Management District will accept the proclamation. Mayor Grant read the proclamation for the Water Conservation for the Month of April. Mr. Groff, Assistant City Manager stated this would not only put dollars in the resident's pockets, but the more people conserve the less the City has to go out and gather new resources. The City was glad to celebrate water conservation. 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) Lori Wilkinson, 2458 SW Cranbrooke Drive was present to honor a good friend. Ron Washam who served this City for many years. Boynton has been his home his entire life. He has helped the City in so many ways. Hopefully he will be honored. Mr. Washam loved this City and was involved in the MLK March. He served on the Greater Boynton Beach foundation; he has been involved in so many areas of Boynton Beach. Ms. Wilkinson wanted to thank our amazing paramedics, police and fire personnel. They were just stellar the way in which the family was treated. As a side note, she believed the system failed Ron Washam, by refusing to provide him with social security benefits and any type of assistance. Commissioner McCray indicated both Ron Washam and Mr. Wilkinson's father always visited the Senior Center. Minister Bernard Wright, President of Bernard Wright Ministry, Robert E. Wells Foundation, has a concern regarding the Carolyn Sims Center for the children during the summer time; they have been deprived from the use of that Center. The Center was built for the children. This was because of the private summer camp and spring break camp. Where are the children going? The City Manager should be committed to repairing this problem. The children are left out in the street, and then the City was speaking about curbing crime. Susan Oyer, 140 SE 27th Way, stated our City has lost one of its oldest residents, Marie Shepherd. She was instrumental in founding the Women's Club. She indicated March 24, from 8:30 pm to 9:30 p.m. asked Boynton Beach to turn off the lights. The lights impact the nocturnal animals especially in South Florida. Donald Ledsworth, 909 SW 3rd Avenue, indicated Shirley Cassa of Palm Beach Leisureville stated Palm Beach Leisureville would allow access to the residents. Since that meeting she has denied saying this. She now says only Palm Beach Leisureville 0 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 will have access. Mr. Ledsworth indicated he spoke with Vice Mayor Katz and was assured this stipulation would be in the purchase agreement. He stated for the record, the purchase agreement states purchaser has full power to enter into the agreement. As of today Palm Beach Leisureville Board has not voted on purchasing the property, nor do they have the majority of the membership to make such a purchase. He continued on page 10 (14-B) of the contract stated the execution and delivery of the agreement and the consummation of the agreement, will not violate the corporate documents of purchaser. The Board can only spend $24,999, since the amount would exceed the spending threshold. Please have Palm Beach Leisureville provide proof from the community they have the authority to purchase the property Judith A Cloutier, 709 SW 1 St Court, noted why would the association purchase the property, there was no access. She believed selling the property for $24,999 makes no sense; she believes the property should be developed. The City needs affordable housing. She does not understand the agreement to purchase, to have access by the other neighborhood. There was no way the City of Boynton could hold them to their promise. Once it was sold the City would have nothing to say. The City should reconsider selling the land to Palm Beach Leisureville. Vice Mayor Katz noted the Board has not voted on the sale agreement, there are provisions of the agreement. To the concerns about public access, it was the consensus to have public access. Palm Beach Leisureville is not allowed to purchase the property without public access. Vice Mayor Katz indicated some of the information may not be correct. Ms. Cloutier asked about the park access. Vice Mayor Katz stated when Leisureville purchases the property they would need to provide access to the park for the Palm Beach Leisureville residents. Ms. Cloutier stated why not sell the land for more money. Vice Mayor Katz stated the land was earmarked for greenspace. With regards to affordable housing, the homes would sell for $270,000; Habitat for Humanity would price the houses at $240,000 Vice Mayor Katz noted the issues raised will be addressed in the final sales agreement. Herb Suss, 1711 Wood Fern Drive, attended the last session of Community Emergency Response Team (CERP). Hunters Run had the largest turnout. More people should join CER T. He spoke with the Fire Chief, about the end of May drills, called the walking dead. He hopes the Chief Joseph would be able to do this. Jonathan Porges President/CEO of the Greater Boynton Beach Chambers of Commerce and Michael Mohl Chairman of the Board of Directors, 1880 N. Congress Avenue, Suite 214, informed the Commission about the 5K race at the Boynton Beach Mall on April 14th . The Charity of choice was the Community Caring Center. They would like to take this opportunity to provide a statement regarding the Arts assessment fee. The development of the Downtown and the Federal Highway 7 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 corridor underway the City continues to see growth and development, spurring economic growth and prosperity within the City. As the voice of the business community, the Chamber wishes to express its apprehension as it relates to the current structure of the Arts assessment fee. Soft costs and recurring maintenance associated from the arts fee presents a continuing expense for property owners, placing a hindrance to repeat and possibly future development of the City. The Chamber would like to recommend the following to the Commission for their consideration and adoption. Asked for the reduction of the 1% Arts assessment fee to .5% on project $10M and above. He concluded they look forward to working with the City to make Boynton Beach a great place to live, work and play. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Historic Resource Preservation Bd.: 1 Alt Senior Advisory Bd: 2 Alts Mayor Grant stated they were no applications for the Employee Pension, Historic Resource Preservation Board or the Senior Advisory Board. Motion Mayor Grant moved to nominate Johanna Zell as a member of the Arts Commission (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to nominate Richard Bonnell as a member of the Historic Resources Preservation Board (ALT). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Meeting Minutes City Commission Boynton Beach, Florida B. Commission to discuss selection of Vice Mayor Mayor Grant wanted to congratulate Vice Mayor Katz on a fine job. Motion March 20, 2018 Commissioner McCray moved to nominate Commissioner Romelus to Vice Mayor. Commissioner Casello seconded the motion. Commissioner Casello requested clarification as to how long the Vice Mayor would serve. Mayor Grant stated to take out "until the next general election". Commissioner Casello stated it should state for a period of one year. Vote The motion unanimously passed. City Clerk Pyle swore Vice Mayor Romelus into office. Vice Mayor Romelus thanked the Board for the nomination. C. Motion to approve the Mayor travelling to Les Cayes, Haiti, May 2 - 7, 2018 Mayor Grant stated he has not heard back from the Department of State on whether he was allowed to use his campaign funds. Indicated he will not be using his campaign funds for the trip to Les Cayes, Haiti. He would like to travel as Mayor from the City of Boynton Beach. Commissioner McCray asked if he would by paying his own way. Mayor Grant indicated he would pay his own expenses. Commissioner Casello asked what agenda Mayor Grant would bring to Haiti. Mayor Grant stated Sister City International was to exchange cultural, educational and economics information. He would be there to promote exchange for tourism, and to promote cultural exchanges. Vice Mayor Romelus stated she commends the visit. She will be traveling to Haiti in August. 9 Meeting Minutes City Commission Boynton Beach, Florida Motion March 20, 2018 Commissioner McCray moved to approve. Commissioner Casello 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 item 6A. Vice Mayor Romelus pulled item 6C and 6D. A. PROPOSED RESOLUTION NO. R18-047 - Approve the agreement between the Boynton Beach Athletic Association, Inc. (BBAA) and the City that allows the BBAA to have exclusive use of the fields at Little League Park for a one year term beginning October 1, 2017. Commissioner McCray stated he needed clarification regarding the term. He noted on the backup material the term begins October 1, 2017. Lori LaVerriere stated the agreement has expired. Commissioner McCray stated the Little League have been using the field for five months into this agreement. He asked if this agreement could be pushed back. Mr. Groff stated normally it would be on the September agenda, this year it had taken longer than usual. Mr. Groff mentioned the hurricane caused a setback. He stated this needs to happen in September for the following year. Commissioner Casello inquired as to why the increase from $30,000 to $42,000. Mr. Groff stated the $30,000 was recommended in the budget for the current year, included in the budget was $12,000 for the electric. Mr. Groff explained in the previous agreement the City paid the electric bill. Staffs recommend moving the electric as part of the association's responsibility, and then provide an additional $12,000. Staff saw this as an incentive for the association to control the lights. He added if they go over the $12,000 the association must pay the difference. Its] Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner Casello inquired about the word "exclusive", was this exclusive to this ball club? Mr. Groff confirmed the Little League had preference to the baseball field. Commissioner Casello asked if other residents can use this club. Mr. Groff stated no. Commissioner Casello inquired as to how many participants actually live in the City of Boynton Beach. Mr. Groff stated a 60/40 split, the County having 60% and the City having 40%. Mr. Goff stated it could vary depending on the year. Commissioner Casello said more ballplayers are from outside the City limits are using this field which the City was subsidizing. Mayor Grant asked for Public Comments. Sean Boyle, Vice President of the Boynton Beach Athletic Association, 7698 Colony Lake Drive, explained he signed a contract with the City to maintain the fields. They maintain the field for the East Boynton Beach Little League. They have about 275 to 325 kids who play at the field. The fields are subsidized; the contract has been $20,000. The maintenance on the fields cost about $80,000 per year. The Little League through registration contributes approximately $50,000 to $60,000, to maintain from the fences in. When the contract ran out the Boynton Beach Athletic Association felt they needed to get more funding for the field maintenance. Presently what they are trying to do was to get the baseball field back on the Capital Improvement Plan. The League was spending more money on repairs. Whether it was 50% or 60/40, the Little League was contributing more than $50,000 to the City Park. The Little League has been playing there since the 1950s. Mr. Boyle said a lot of the dugouts are from the 1950. Major Grant asked if Mr. Boyle was ok with the current contract. Mr. Boyle stated he would like to have more money for the Park. He indicated $400 per month for baseball field for maintenance was not enough. The Boynton Beach Athletic Association has exclusive rights to the Park. They maintain the park, and allow other school to use the park. The Boynton Beach Athletic Association runs the schedule. If the City needs the park, Wally Majors will contact the Association, and this would be scheduled. Commissioner Casello asked if the Boynton Beach Athletic Association charge other schools to play on the field. Mr. Boyle stated they charge about $100. Commissioner Casello stated the City has about 28/29 parks, and to ask for more resources for this baseball field, it takes away from the other parks which are in greater need than the ball field. Mr. Boyle stated he understands, since 2006 the Little League Park has been left off the Capital Improvement Plan. While millions of dollars have been spent in the last 12 years 11 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 on other projects, he indicated this leave them with a gap in the maintenance plan. Mr. Boyle said the Little League Park has been left behind. Commissioner Casello stated there have been many things which have been left behind. Commissioner McCray noted what was on the table tonight was $30,000 plus $12,000 for lighting. Commissioner McCray inquired as to the amount of the electric bill of last year. Mr. Groff responded the electric was almost $12,000. Commissioner McCray asked how well were the County ball fields used. Wally Majors, Recreation and Parks Director, responded the County fields are available. He stated more along the lines of long range planning, the City may look at the possible expansion of the Cemetery by using the Little League Ball field. The County has invested more than $4M for improvement of their parks. Commissioner McCray said the County was using surtax money for upgrades for the ballfield. Can any of the surtax money be used to help with the Little League field. Ms. LaVerriere, City Manager, responded legally the City can use the surtax money. Commissioner Katz stated he was in agreement with Commissioner McCray; this agreement should have been signed back in September. In conversation in recent months, there have been requests from a handful of individuals for a baseball facility; he does not think building one additional baseball field would make financial sense. If the Little League could partner with the City of Boynton Beach to market the league within the Heart of Boynton this would be an opportunity to satisfy some demand for baseball activity. If this Park has not received any Capital Improvement Funds there may be a need to do some Capital Improvements in the next budget year. Commissioner McCray said in regards to the ballfield, there is a ballfield in Galaxy Park. This Park was not being utilized. The players could use this field. Mayor Grant stated the next time there is open enrollment for the league, please come to the advertising department, so that this could be advertised through the social media. Galaxy Park was available for ballfield play. My Boyle said Boynton Beach Little League Park is an historic park. This year it was voted one of the top 12 places in Boynton Beach. Commissioner McCray stated the Home Improvement show "Extreme Makeover" updated the property, including the dugouts. Motion Commissioner McCray moved to approved. Commissioner Casello seconded the motion. 12 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. March 20, 2018 B. PROPOSED RESOULTION NO. R18-048 - Approve the Interlocal Agreement between the City and Palm Beach County for participation in the Drowning Prevention Coalition's (DPC) Learn to Swim Program, which provides vouchers to the public that may be redeemed for swimming lessons at the John Denson Pool. C. PROPOSED RESOLUTION NO. R18-049 - Accept Quit Claim Deed from the Boynton Beach Community Redevelopment Agency for 120, 128 and 146 NW 11th Avenue within the Model Block project area. Mayor Grant read Proposed Resolution R18-049 by title only into the record. Andrew Mack, Director of Development, explained what the Commission was reviewing was a transferring of a deed from the Community Redevelopment Agency and a recording of an easement. The bids for NW 11 Avenue were being advertised. The City was looking forward to reconstructing NW 11 Avenue. Mr. Mack stated when the plat was recorded the City will go out for an RFP to partner with a builder or developer to construct the remaining 11 homes on NW 11 Avenue. Currently the City has 6 houses which were constructed by the Boynton Beach CDC, two by Habitat for Humanity and one was being constructed on the CRA lot on NW 10th as well. Vice Mayor Romelus said building out NW 11 Avenue will not open and make it a through street, and give Poinsettia better traffic flow. She wanted to commend staff. Mr. Mack stated this was a true partnership between the CRA and Boynton Beach. He said they have some beautiful homes in that area now. Commissioner Casello noted this goes back a few years. There was a grant through Wells Fargo; also the City had an artist rendition of a streetscape. Mr. Mack stated not on 10th, the rending was for the light on 10th Avenue. The City began eminent domain on 10th Avenue and decided it would be too costly to move forward. The City continued on 11 th Avenue. Commissioner Casello said the street and sidewalks would look similar. Mr. Mack stated the City installed trees and sidewalks, but not the street lighting. Commissioner McCray indicated the main component would be the burying of the FPL cables. Mr. Mack stated on NW 11 Avenue, the overhead lines would be underground, Comcast and AT&T have removed their infrastructure off of the poles and FPL should have their infrastructure removed soon. Mayor Grant asked what the City was planning with the excess land on NW 11 Avenue, was the City taking all of the lots for the roadway. 13 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Mr. Mack stated part of the plat would need a re plat of the lot lines for those lots. If the Commission accepts the deeds the City would acquire 11 lots on NW 11 Avenue. At which time the City could go out to an RFP to construct new homes. Vice Mayor Romelus wanted to thank the Development Department, they are out there at least once a quarter to help clean up and keep the area clean. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R18-050 -Authorize the Mayor to sign two Easement Agreements that provides a 10 ft. utility easement along the frontage of 116 and 124 NW 11 th Avenue. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. E. Approve a $5,000 donation to the Boy Scouts of America - Gulf Stream Council to go directly to support our Police Explorers; a youth mentoring program designed to help cultivate interest among our community youth in a future law enforcement career. F. Approve the Replat of Quantum Park at Boynton Beach, P.I.D. Plat No 5. as "Quantum Lake Villas West - Lot 52", conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). G. Approve the "Replat of a Portion of Lanehart's Subdivision" record replat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). H. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and the Utilities Fund for the three (3) month period ended December 31, 2017. 14 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 I. Approve the one-year renewals of RFPs/Bids and/ or piggy -back contracts for the procurement of services and/or commodities as described in the written report for March 20, 2018 - "Request for Extensions and/or Piggybacks." J. Accept the written report to the Commission for purchases over $10,000 for the month of February 2018. K. Legal Expenses - February 2018 - information at the request of the City Commission. No action required. L. Approve the minutes from the Regular City Commission meeting held on March 6, 2018 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- None A. Approve the purchase of new and replacement vehicles for Fire Rescue and Police Departments in the amount of $657,174.34 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA17-VEL25.0 & FSA16- VEF12.0. The Florida Sheriff's Association's bid process satisfies the City's competitive bid requirements. Mayor Grant requested a motion. Motion Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Lori LaVerriere stated the City was purchasing 2 Fire Rescue Ambulance and one Motorcycle for the traffic unit. Vote The motion unanimously passed. 15 Meeting Minutes City Commission Boynton Beach, Florida 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS March 20, 2018 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-003 - FIRST READING - Approve One Boynton (aka Las Ventanas) 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. Attorney Cherof swore in all those who wished to testify. Attorney Cherof read the Proposed Ordinance No. 18-003 into the record by title only. Mike Rumpf, Planning Zoning Director, advised this was the final installment of clean up items for the rezoning map; the mixed use zoning future land use, and the LDR, creating the new district. This was a City -initiated and represents the continuation of the "house cleaning" tasks following major changes to the City's future land use/zoning structure as part of the implementation of the CRA Plan. It seeks rezoning of the subject property consistent with the said new structure and with the Plan's site-specific recommendations. The MU -4 zoning district requested for Las Ventanas was adopted into the LDRs on January 3, 2017, as a first step in implementation of the CRA Plan; it was applied immediately thereafter to the adjacent Riverwalk project ultimately approved for the southeast corner of US -1 and Woolbright Road. The MU -4 district is conceived to be an important part in the overall strategy for increasing the development intensity in areas in and around downtown, including the "activity node" at the intersection of US -1 and Woolbright Road. The CRA Plan recommends Mixed Use High future land use and MU -4 zoning for all four corners of this intersection. Mayor Grant stated if the City does not approve this Ordinance, does that mean no new businesses can go here or any new businesses can go into this area. MU -4 was in the books, there was no subjective view of the MU -4. Mr. Rumpf said the new scheme would continue to process with the business application, another example, approved for Yatchman's plaza, those are grandfathered in, they are in line for new business. (8:07 Commissioner McCray left the dais) Commissioner Casello asked with this rezoning, could someone come in and tear down the One Ocean or Las Ventanas and place a 10 story building. 16 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Mr. Rumpf responded a similar process like the one for Riverwalk, do a major site plan modification and develop it based on the new regulation. Mayor Grant asked for Public Audience; seeing no one come forward, Public Audience was closed. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Pyle called the roll The Vote was 5-0 (Commissioner McCray returned to the dais 8:09 pm and voted late) The motion unanimously passed. B. PROPOSED ORDINANCE NO. 18-004 - FIRST READING - 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 Attorney Cherof read the Proposed Ordinance No. 18-004 into the record by title only. Mr. Rumpf, Planning and Zoning Director, stated this property was in the same corridor district of the CRA plan. The Land Use Recommendation was mix use medium, would change the new district to the new Mixed Use Medium future land use classification now on the properties allows a maximum density of 50 dwelling units per acre (du/ac); its two corresponding zoning designations, MU -2 and MU -3, have the respective maximum densities of 40 and 50 du/ac. Since the new zoning structure does not include a district with the same density cap, MU -2 is the appropriate choice, consistent with the recommendations of the CRA Plan. Mr. Rumpf indicated the CRA Plan recommendation of Mixed Use Medium (MXM) future land use extends further north of the subject properties, from SE 5t" Avenue to SE 2nd Avenue. For future redevelopment projects in this area, staff is likely to support the MU -3 zoning designation due to the proximity of the core of the downtown, where the highest intensity future land use category—Mix Use High (MXH)—is recommended. 17 Meeting Minutes City Commission Boynton Beach, Florida Motion March 20, 2018 Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll The Vote was 5-0 The motion unanimously passed. 9. CITY MANAGER'S REPORT A. Discussion on Public Art Ordinance - 1) Having public artists submit three public art concept proposals; 2) Mayor inquiry on a portion of public art fees collected going to environmental projects. Ms. LaVerriere, City Manager, explained at the request of Commission Katz and Mayor Grant for a consideration of the submittal of three public arts concepts. When there was a project being built, one is you go out for an RFQ, the City collaborate with the developer and issues a public call to artist. Debby Coles-Dobay, Public Arts Manager, explained a Request for Qualification and the Artist must submit their background information. Ms. LaVerriere stated the artist must qualify as a Public Artist. The Artist must have done at least three public art projects in the past. The qualifications come in. There was a selection committee comprised of someone representing the developer, an Arts Commission board member; public artist, a citizen at large, and someone from the project. Ms. LaVerriere indicated the selection committee goes through and vets the public artist which has submitted an interest. Ms. Coles-Dobay typically there is two of three artists. It was based on the back ground of the artist, what projects have been done, the background and past projects. The commissioning agencies are contacted. Ms. LaVerriere noted the artists are invited to submit concepts, and then the artists are invited to provide concepts, with the guidelines of the public art which may be appropriate. Ms. Coles-Dobay stated basically the Art Commission sees the artist, then the selection panel has narrowed it down to the artists, who are qualified, then it goes out to the proposal stage. The artist is given a stipend to do proposals and submit the artwork back to the panel. Then the selection panel makes the selection from the submitted work. The Arts Commission has the final approval. Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Ms. LaVerriere noted this was one way. She stated it was about 50/50 as to how these processes are used. The other way the developer has the opportunity to invite the artist. The developer will go and identify an artist which they like. The developers can go out and select one potential artist. Ms. Coles-Dobay said the key to getting a good public art project outcome was getting information to the artist. Such as what was good for the community, was it good for the project, what criteria matches the project. She stated she sees it as how does the City market the project. She stated she educates the developer on the different types of art in the City, which are kinetic, eco and glass art. Ms. LaVerriere noted those are the two processes. The first process was about 2 — 3 months. The second process would take about 2 months. The developer wants to maintain the control of his dollars. The second process preserves the rights of the developers to control how the money will be spent. Both process work. Stipends are provided to the public artist to develop a concept out of the art fee. The more people who are asked the more money was coming out of the fee. Ms. Coles-Dobay noted when an artist was provided a concept, the City would receive the best the artist has to offer, based on the criteria, Ms. LaVerriere stated it does not make sense to require the artist to submit three proposals. They all are going to be very similar. Ms. Coles-Dobay noted the artist was developing the art based on the criteria. Commissioner Katz wanted to clarify; it was to expand the art pieces, whatever the process of selecting the artist. He wanted to make sure, the only advisory board which makes the final decision. Who determines the best idea? The Commission will never know if this was the best idea. Commissioner Katz wanted to make sure the Art Commission by authoring that piece of art was making the best decision. He has heard from the developers they want to have more control and more choice. He stated that art was subjective. He likes the idea of choice. The advisory board was only given one choice. Commissioner Casello asked if the developer was given the concept, which the City would like to see, can the developer secure its own artist and have the final say. Ms. Coles-Dobay recommended the request for qualification process. Commissioner Casello indicated if the developer's artist qualifies, he can go with his chosen one. Ms. LaVerriere stated this would preserve how the money will be spent. Commissioner Casello noted he does not want to take the choice out of the developer's hands. Ms. LaVerriere responded this was a team effort, the City try to encourage this. 19 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner McCray asked how long the Arts Commission had been in the City. Ms. Coles-Dobay responded they were appointed 2003. Commissioner McCray asked if the City had any problems with the procedures. He believed the reason this has come up because the art piece on 500 Ocean. Since that piece has been placed out there it has been recognized in three magazines. Vice Mayor Romelus noted she wanted to make sure the City has local community preference, to provide more options and having more artists to submit more works. As the City looks forward to Town Square, the City have a $250M project that would be an opportunity for some local artist to display their work. The art work would bring more traffic. She loves Mr. Paley as an artist; he was a world renowned artist. The City of Boynton Beach has some artist, would like to continue to spread the opportunity. Mayor Grant opened to public comment. Herb Suss, 1711 Wood Fern Drive, noted Town Center was important, would the community have a say in the Town Center project. This project was long overdue. Mayor Grant said there are open spots available on the Arts Commission Board. Mayor Grant stated the Arts Commission has public meetings. Indicated the meetings were held the 2nd Thursday of the month at 6:30 p.m. at Fire Station #3. Ms. LaVerriere indicated there was a public visioning meeting, as we move through the development there may be more meetings. Mayor Grant asked if a developer selects their own artist, does the Arts Commission have the ability to have a conversation with the artist. Ms. Coles-Dobay responded typically there was not any conversation; there was a criterion which was set. When the proposal was prepared that information was addressed. Mayor Grant said if the artist had a chance to speak with the Arts Commission prior to the design, the information was on paper, but if the artist could have a conversation with the Arts Commission. Commissioner McCray inquired about the 1 % the developers are required to pay. Asked there were any complaints from the developers. Ms. Coles-Dobay responded once an explanation was given how the art fee works, the developers were excited about the art work. Vice Mayor Romelus noted on a different subject, she noticed not all the boards have locations where the meetings were held. Motion Commissioner Katz motioned to submit multiple pieces from the artist for the Arts Commission to discuss. N11 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Commissioner McCray inquired with the request for qualification, how many artist does it go out to? Ms. Coles-Dobay responded it goes to two artists. Commissioner McCray asked how many rendering does the artist present to the Art Commission? Ms. Coles- Dobay said many times the artist does come to the Art Commission meeting. This was not a requirement. Ms. LaVerriere indicated it would be more expensive to have more renderings and the more artists involved. Vote The motion failed for a lack of a second. 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. (Leisureville has requested to postpone until April 3, 2018) Mayor Grant asked for a motion. Motion Commissioner Katz moved to retable for the April 3, 2018 Commission meeting. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 11. NEW BUSINESS A. Approve the request of Commissioner Mack McCray to distribute $500 of his Community Support Funds to the Youth Enrichment Association for Academic & Athletics. East Boynton Beach Wildcats. Vice Mayor Romelus indicated she would like to contribute $250 from her Community Support Fund to the Youth Enrichment Association for Academic and Athletics (East Boynton Beach Wildcats). Motion Commissioner Casello moved to approve Commissioner McCray $500 and Vice Mayor $250 from their Community Support Funds to the Youth Enrichment Association for 21 Meeting Minutes City Commission Boynton Beach, Florida March 20, 2018 Academic and Athletics (East Boynton Beach Wildcats). Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 12. LEGAL -None 13. FUTURE AGENDA ITEMS A. Result of Textile Recycling RFP and recommendation - April 3, 2018 B. Staff to review PBC Ordinance on Panhandlers - April 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. Vice -Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD E. Mayor to discuss a sustainability committee — TBD F. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 4t" Avenue adjacent to 1-95. TBD Commissioner Casello stated he does not see anything regarding the dogs on the beach. Ms. LaVerriere stated a survey has been conducted and the results will be discussed on the April 3rd meeting. Mayor Grant asked instead of a Sustainability Committee, could it be a taskforce. Ms. LaVerriere noted this can be discussed at the next meeting. Vice Mayor Romelus noted she serves on the Tourist Development Council with Palm Beach County. Boynton Beach was doing some tremendous things, with the possibility with some hotels, increasing the bed tax within Palm Beach County. Wanted to give staff a pat on the back. We are creating buzz within the County and within our State. 22 Meeting Minutes City Commission Boynton Beach, Florida 14. ADJOURNMENT Motion March 20, 2018 There being no further business to discuss, Vice Mayor Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:43 p.m. (Continued on next page) 23 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Ju, it A. Pyle, CMC f City Clerk ueenester Nieves Deputy City Clerk 24 March 20, 2018 CITIY,OF. Mayor -Steven 91 rant Vice Ma or,, Christina Romelus Com ' er —Justin Katz mmissioner --black ! ray mmissioner - Joe Casello