Minutes 09-20-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY
SEPTEMBER 20, 2018, AT 6:30 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE,
2240 N. FEDERAL HWY, BOYNTON BEACH, FLORIDA
PRESENT:
Steven B. Grant, Mayor -
Christina Romelus, Vice Mayor
Mack McCray Commissioner
Justin Katz, Commissioner
Joe Casello, Commissioner
1. OPENINGS
A. Call to Order - Mayor Steven B. Grant
Mayor Grant called the meeting to order at 6:30 p.m.
Invocation
Debbie Beher gave the invocation. (signed invocation)
Pledge of Allegiance to the Flag
Lori LaVerriere, City Manager
James Cherof, City Attorney
Judith A. Pyle, City Clerk
Commissioner McCray led the Pledge of Allegiance to the Flag.
ROLL CALL
Judith Pyle, City Clerk, called the roll. A quorum was present.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant requested to add to Legal 12.1-1, review the lien reduction order by the
Special Magistrate.
Commissioner Katz requested to move 11.A, 11.13 and 11.0 after announcements.
Attorney Cherof requested Public Hearing item 8.G, Proposed Ordinance 18-023, needed
to be tabled. Legal 12-13, Proposed Ordinance 18-017 item to remain on the table.
2. Adoption
Meeting Minutes
City Commission
Boynton Beach, Florida September 20, 2018
Motion
Vice Mayor Romelus moved to approve the agenda as amended. Seconded by
Commissioner McCray.
Vote
The motion unanimously passed.
2. OTHER
A. Conduct Second Public Budget Hearing for FY 2018/2019 Annual Budget.
Proposed Resolution No R18-128- Adopt the Final Millage rate for the General
Fund for Fiscal Year 2018-2019.
Attorney Cherof read Resolution No. 18-128 into the record by title only.
Motion
Commissioner Casello moved to approve. Seconded by Commissioner McCray.
Herb Suss,1711 Wood Fern, indicated with everything going on in this City, he
believes the City was running "a tight budget". Mr. Suss explained the City needed to
increase the millage rate to 8%. Noted doing this there will be an increase to the
incoming revenue. This item should be re -opened and changed. Mr. Suss believed the
City would run into problems in the future.
Mayor Grant responded this was one of the reasons the City was utilizing a
public/private partnership.
Commissioner McCray asked the City Manager if she believes the City could potentially
have a problem with the current miilage rate. Ms. LaVerriere responded no.'
Commissioner Casello asked the City Manager about the CIP budget and the
reallocations of Funds. Ms. LaVerriere noted this was on the agenda.
Mayor Grant requested a vote.
Vote
The motion unanimously passed.
Proposed Resolution No. R18-129 Adopt Final Budget for the General Fund
and all other Funds for Fiscal Year 2018-2019
Meeting Minutes
City Commission
Boynton Beach, Florida September 20, 2018
Attorney Cherof read Proposed Resolution No. R18-129 into the records by title only.
Motion
Commissioner Casello moved to approve. Seconded by Commissioner McCray for
discussion.
Ms. LaVerriere informed the Commission the City of Boynton Beach was still in
negotiation with IAFF (International Association of Fire Fighters) and SCIU (Service
Employees International Union) (Blue and White Collar). The City Manager would like to
request a 3% wage increase for the general fund employees. She indicated these
employees were not a part of the union. Ms. LaVerriere advised the Commission the
value of the 3% raise for the general employees in the General Fund was $382,000.
The City budgeted $850,000 for all employees' raises. Ms. LaVerriere responded this
would leave funding for the IAFF and the SCIU bargaining employees.
Mayor Grant inquired if the Police Department was being negotiated separately.
Ms. LaVerriere responded the police have a step plan. They are in the 2nd year of the
Collective Bargaining Agreement (CBA). They are not subject to raises outside of the
step plan.
Mayor Grant asked if the Commission was in agreement with the 3% wage increase.
Commission McCray stated he was on board with the 3% raise. Ms. LaVerriere
responded the funds were already allocated in the budget.
Ms. LaVerriere stated there was discussion at the last meeting of the potential of taking
a look at some Capital Improvement Funding (CIP) for acceleration of the new capture
exhaust systems for the Fire Department. Explained what the capture exhaust system
entails to the Fire Department. Stated the current systems were antiquated and there
was new technology available. There was some discussion regarding the CIP funding
which was allocated towards the Golf Course. Ms. LaVerriere said she spoke with
Andrew Mack regarding the entry road and determined this could be delayed a couple
of years. If the Commission was in agreement a portion of the funding could be
accelerated. This would be about $100,000. Ms. LaVerriere explained this does not
affect the funding level; as this was a reallocation of the funds.
Mayor Grant inquired of the City Attorney if this should be approved as stated or as
amended. Attorney Cherof 'responded this should be approved as stated.
Commissioner Casello wanted to. thank the Commission and the City Manager for going
along with this proposal. As a former firefighter he appreciated the Commission moving
this item forward.
Meeting Minutes
City Commission
Boynton Beach, Florida September 20, 2018
Commissioner McCray thanked the Finance Department for working with the
Commission to get the budget approved. Thanked the City Manager for providing the
Commission a budget they could work with.
Mayor Grant asked if this could be approved as amended
Motion
Commissioner Casello moved to approve as amended. Seconded by Commissioner
McCray.
Mayor Grant asked for a vote.
Vote
The motion unanimously passed.
B. PROPOSED RESOLUTION NO. R18-130 -Ratification by City Commission of
the Boynton Beach Community Redevelopment Agency (CRA) annual budget
for fiscal year 2018-2019.
Attorney Cherof read Proposed Resolution No. R18-130 into the records.
Motion
Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion
with discussion.
Commissioner McCray thanked the CRA and staff.
Vote
The motion unanimously passed.
C. Informational Items by Members of the City Commission.
Commissioner Katz stated he met with representatives from the Olen Group.
Commissioner McCray attended the funeral services for the daughter of employee Ms.
Cherry-Guberman. He thanked staff for the lighting. He also attended the demolition of
the old City Hall.
Vice Mayor Romelus attended the memorial services for David Allen Burke. Noted Mr.
Burke sat on the Tourist Development Council for over 20 years, and was the Vice
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President of Marketing for the Breakers Hotel. He was a great friend and mentor. She
met with Bradley Miller of Miller Land Planning.
Commissioner Casello stated he had no disclosures.
Mayor Grant indicated on September 8, 2018, he attended the 5th annual
POW/MIA/OREE held at the veteran cemetery. On September 11, attended the
Boynton Beach Ceremony at Veteran Park and thanked Captain Deale. He attended
the grand opening of One Boynton. September 12th attended a meeting with Healthier
Boynton Beach. He was on the advocacy committee for caregivers and was trying to
enact the Care Act. September 14th attended the Florida League of City Legislative
Policy meeting regarding leniency in economic development. September 17th attended
the demolition event at the old City Hall. Met with Boynton Beach Mental Health
Committee, attended the Transportation Planning Agency (TPA) where they are voting
on the 20 -year future plan. The TPA was looking to expand the turnpike from 4 lanes to
8 lanes and adding 2 managed lanes. Lastly, he attended the programing event for
Race to Equality under My Brother's Keeper.
Commissioner McCray wanted to thank the men and women in blue regarding the lock
down of the Boynton Beach School.
Commissioner Katz Indicated he spoke with the Deputy Superintendent and he only had
praises for the Boynton Beach Police Department. Everyone from the school district
appreciates the Boynton Beach Police Department.
3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND
PRESENTATIONS
A. Proclaim the week of September 24-30, as Deaf Awareness Week. Beth
Wagmeister, Director of Deaf Services for Gulfstream Goodwill Industries, Inc.
will accept the proclamation from Mayor Grant
Mayor Grant proclaimed the week of September 24 -30th as Deaf Awareness Week.
Beth Wagmeister, Director of Deaf Services for Gulfstream Goodwill Industries,
thanked the City for the inclusion of deaf people within the City of Boynton Beach. She
hopes that other municipalities will mirror the City of Boynton Beach.
Commissioner McCray asked how many hearing impaired people are in Boynton
Beach. Ms. Wagmeister responded there are 68 residents which have been identified
that are deaf; this would not include the hard of hearing.
Debbie Mayors, Grants and ADA Coordinator noted the City of Boynton Beach have
held fire safety expos, constantly training staff from law enforcement and fire
department, silent painting parties, hurricane preparedness workshops for the deaf,
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flood awareness workshop, Stop the Bleed and CPR, teaching American sign language
for employees, and City of Boynton Beach Health Fair. November final event was the
active shooter training for Palm Beach County Association of the Deaf.
A representative of the Police Department presented the deaf community with the
Pullover Pal, a compact organizer which can be used to let police and fire personnel
know that they are deaf.
B. Proclaim September 28, 2018 as Childhood Cancer Awareness Day.
Mayor Grant proclaimed September 28, 2018 as Childhood Cancer Awareness Day.
Each year 150 children are diagnosed with childhood cancer; pediatric oncology was
founded to raise awareness.
C. Announce That Palm Beach County Property Appraisers Office will be manning
a table at the Senior Center to provide Boynton Beach Residents with
information on how to file for Homestead Exemption from 1:30 pm- 2:30 pm on
the Following dates:
Tuesday, October 9, 2018
Tuesday, November 13, 2018; and
Tues, December 11, 2018
Mayor Grant announced Palm Beach County Property Appraiser Office will be manning
a table at the Senior Center.
Mayor Grant stated the RPM (Route Performance Maximization) indicated there was a
kick off on September 29, 2018 with free bus rides on October 1 st
(Items 91 A -C were discussed at this time)
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)
Herb Suss, 1711 Wood Fern, gave his annual report cards. Gave everyone an A+. In
his opinion this was the best Commission since he has been here in Boynton Beach.
The State of Florida has an important upcoming election. Noted Ron DeSantis,
Republican, a governor candidate was a racist. Informed the Commission the algae was
growing along the coast. Countywide everyone knows where Ron DeSantis stands.
Indicated the situation with the Supreme Court nominee Kavanagh, said he lied 4 times.
Indicated everyone needed to watch Mitch McDonald.
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Boynton Beach, Florida
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Commissioner McCray thanked Mr. Suss for being honest. Vice Mayor Romelus stated
she would have loved to have Mr. Suss as her, professor in graduate school.
Joe Russo, 313 Datura Street, Executive Director, Palm Beach Technology Association
wanted to inform the Commission of a project his company was working on with Mr.
David Scott, Economic Director, known as 1909. Earlier this year David Scott and
members of the Business Development Board Entrepreneurial Members Task Force
began to look at the gaps in the small business entrepreneurial eco systems, among
those having an affordable workspace, consistent mentorship, business education and
access to capital. The name 1909 represents the founding date of Palm Beach County.
The program would serve the 39 municipalities by uniting technological, entrepreneurial,
creative and small business communities. The accelerator program would guide 25
people in the curated program for specific industry verticals, dependent on funding and
community partners. We hope this program can build businesses within the City of
Boynton Beach.
Commissioner McCray stated he was one of David Scott's biggest critics, but he can
see the fruits of his labors. through this program.
Vice Mayor Romelus requested this presentation to be added as a Future Agenda item.
Mayor Grant stated he has been to the facility in West Palm Beach and it was a great
idea to have in the City of Boynton Beach.
There was a consensus to contact Mr. Russo to provide a full presentation.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards.
The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu
(N/V Stu) openings exist:
Arts Commission: 1 Alt
Building Board of Adjustments & Appeals: 1 Reg and 2 Alts
Historic Resource Preservation Bd: 1 Reg
Senior Advisory Bd: 1 Alt
Motion
Mayor Grant moved to nominated Lawrence Siegel to the Senior Advisory Board (Alt).
Commissioner McCray seconded the motion.
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City Commission
Boynton Beach, Florida September 20, 2018
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
A. Proposed Resolution R131- Authorize the Mayor to sign the application and
agreement for Library State Aid to Public Libraries Grant for FY2018/2019
B. Proposed Resolution No. R18-132 Authorize the City Manager to sign all
documents associated with the acceptance of the Victims of Crime Act (VOCA)
grant for the FY 2018-2019 funding cycle in the amount of $61,759
C. PROPOSED RESOLUTION NO. R18-133 - Authorize the City Manager to sign a
letter of agreement with Counseling Services Associates (CSA) to provide
Employee Assistance Program (EAP) services at the - rate of $13.00 per
employee, per year (estimated annualized cost of $10,725) from October 1, 2018
through September 30, 2019, with two additional one year options for renewal.
D. PROPOSED RESOLUTION NO. R18-134 - Authorize the City Manager or
designee to accept the Small Matching Grant from the Florida Department of
State, Division of Historical Resources in the amount of $50,000 and sign the
grant award agreement and all related documents and add the word "flooring" to
the Children's Museum - Painting Exterior & Soffit Repair in FY2018/2019 CIP.
E. PROPOSED RESOLUTION NO. R18-135 - Authorize the City Manager to sign a
contract with Tri -County Mobile Wash, Inc. DBA Superior Wash utilizing the City
of Deerfield's contract #2016-17/21 with an estimated annual expenditure of
$80,000 for the washing of trucks and engines. Finance has reviewed and
determined that the City of Deerfield's procurement process satisfies the City's
competitive bid requirements.
F. Approve the "Boynton Beach Town Square" record plat, conditioned on the
approval being the certification of the plat documents by the City Engineer
G. Approve the issuance of an annual blanket
Equipment of Pompano Beach, FL for an
$85,000. Sunbelt Waste Equipment is the
repair center for Heil products.
s
purchase order to Sunbelt Waste
estimated annual expenditure of
sole source authorized dealer and
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City Commission
Boynton Beach, Florida September 20, 2018
H. Approve the issuance of an annual. blanket purchase order to South Florida
Emergency Vehicles for an estimated annual expenditure of $75,000. South
Florida Emergency Vehicles is the sole source authorized dealer and repair
center for Fire Engine & Ladder units.
I. Award Bid No.: 033-2730-18/IT, "Sod and Sod Installation" to three (3) contractors
as primary and secondary suppliers. This is a Southeast Florida Governmental
Purchasing Cooperative Bid for approximately forty-five (45) municipalities, with
the City of Boynton Beach acting as the Lead Agency. The initial term of the
contract is for one-year with the option to renew the contract for three (3)
additional one (1) year terms. The estimated expenditure for the City of Boynton
Beach for the one-year period is $5,000.00.
J. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund and
the Utilities Fund for the ten (10) month period ended July 31, 2018.
K. Accept the written report to the Commission for purchases over $10,000 for the
month of August 2018.
L. Legal Expenses - August 2018 - information at the request of the City
Commission. No action required.
M. Approve the minutes from City Commission meeting held on August 21, 2018.
N. 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
September 20, 2018 - "Request for Extensions and/or Piggybacks."
Motion
Commission Katz moved to approve the Consent Agenda as presented. Vice Mayor
Romelus seconded the motion.
Vote
The motion unanimously passed
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R18-136 - Authorize the City Manager to sign
Task Order No. UT -1 C-01 to Carollo Engineers, Inc. in accordance with RFQ
No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C
awarded by Commission on August 7, 2018 for GIS work in connection with
Utility Infrastructure Management not to exceed $189,135.
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Boynton Beach, Florida September 20, 2018
Mayor Grant read Proposed Resolution No. R18-136 into the record by title only.
Joseph Paterniti, Utility Director, said based on the technology the City uses to identify
task orders, this will help verify the component into the field. It will also create some
applications. "This would be an upgrade of the City Utility infrastructure base map in order
to prepare hydraulic models and assist with management of the Utility systems. With the
continued backlog of data, this task order will provide staff with assistance updating the
base map and enable improved research of field conditions. Additionally, FTC will migrate
the data into the City/Utility SQL server which will facilitate the use of other existing
software systems. Finally, the project will provide mechanisms for expanding use of the
technologies by field crews for infrastructure locations and troubleshooting daily and
emergency situations".
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
Vote
The motion unanimously passed
B. PROPOSED RESOLUTION NO. R18-137 - Approve the Property, Casualty, and
Workers' Compensation insurance coverage renewals with Preferred
Governmental Insurance Trust (PGIT) for an annual amount of $944,327 and
authorize City Manager to sign all required documents for the term of the policy:
October 1, 2018 - September 30, 2019.
Mayor Grant read Proposed Resolution No. R18-137 into the record by title only.
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
Vote
The motion unanimously passed
C. Approve utilizing the City of Delray's Agreement based on ITB #2017-047 for the
procurement of bulk gasoline and diesel fuel with MacMillan Oil Company, LLC
of Hialeah, FL for the City's fleet for the period of October 1, 2018 thru June 6,
2020 to coincide with the award period of Delray Beach. The estimated annual
expenditure is $1,000,000. The City of Delray's procurement process satisfies
the City of Boynton Beach's competitive bid requirements
Mayor Grant read the agenda item into the record by title only.
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Motion
September 20, 2018
Commissioner McCray moved to approve with discussion. Commissioner Casello
seconded the motion.
Commissioner McCray inquired as to how much the City of Boynton Beach spent in the
budget last year for this item. Andrew Mack, Director of Development, responded the
City spent $908,000. Commissioner McCray asked if this amount would be enough. Mr.
Mack stated in the affirmative. Commissioner Casello inquired if the prices were fixed
or did the prices fluctuate with the price of fuel. Mr. Mack responded the prices
fluctuate. .
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. 18-024 - FIRST READING - Approve Good
Stone Townhomes annexation (ANNEX 18-001) Applicant: Good Stone, LLC.
(Per applicant's request tabled to October 2, 2018)
PROPOSED ORDINANCE NO.. 18-025 -FIRST READING - Approve Good
Stone Townhomes Future Land Use Map Amendment (LUAR 18-002) from
Palm Beach County's Commercial High with a maximum density of 5 dwelling
units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good
Stone, LLC. (Per applicant's request tabled to October 2, 2018)
PROPOSED ORDINANCE NO. 18-026 - FIRST READING - Approve Good
Stone Townhomes Rezoning (LUAR 18-002) from Palm Beach County's
Commercial General (CG) to Infill Planned Unit Development (IPUD). Applicant:
Good Stone, LLC. (Per applicant's request tabled to October 2, 2018)
B. Approve Good Stone Townhomes New Site Plan (NWSP 18-001) to allow
construction of a multi -family residential project consisting of four (4), three-
story townhomes totaling 12,180 square feet and related site improvements,
located on the southeast corner of Federal Highway and Chukker Road. This
request is in coordination with applications for Annexation, Future Land Use
Amendment, and Rezoning. Applicant: Good Stone, LLC. (Applicant requests
tabling to October 2, 2018)
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C. Approve 125 E. Boynton Beach Blvd. Major Site Plan Modification (MSPM 18-
004) to construct a one-story, 1,226 square foot addition to an existing 1,780
square foot office building and related site improvements, at 125 E. Boynton
Beach Blvd. in the C-3 (Community Commercial) zoning district. Applicant:
Limor Drillich.
Mayor Grant read the item by title only.
Attorney Cherof administered an oath to all parties who wished to testify.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Craig Drillich 9165 Circle, owner of Property Damage Consultants, Public Adjuster and
Appraisers, indicated he has been a Public Adjuster for 17 years. Purchased the property
located at 125 E. Boynton Beach Boulevard with the intention of making this his main
office. Provided a rendering for the building. Advised the site plan has been approved.
His company will occupy 2/3 of the space and rent the other portion to tenants. They are
requesting approval of the addition onto the building along with a facelift which will bring
the building up to all current Building Codes. Explained this was the building directly
behind the current City Hall.
Mayor Grant inquired regarding the irrigation which was going on within the City, would
the City provide potable water or reclaimed water. Mr. Groff replied this was on the east
side, it was either a well or potable water. There will be reuse close by, if the City could
get reuse to this customer they will. Mayor Grant stated this was currently with the City
irrigation system. Mr. Groff, Assistant City Manager stated the City needed to bring reuse
down when the City completes Town Square. The City may have reuse available for that
side of the street.
Mayor Grant asked to make that subject to the City's ability to allow reclaimed water.
Attorney Cherof requested clarification, subject to meaning it was not available it was not
approved, or when it is available it needs to be connected. Mayor Grant stated if it was
available for him to have reclamation water, he can have reclamation water. Mayor Grant
asked if this would include running pipes to his property.
Mr. Groff explained this was the same as the potable water. A meter is set and the
property owner is connected.
Mayor Grant asked if this was something the owner was willing to do. Mr. Groff noted it
was less expensive. Mr. Drillich responded yes.
Commissioner Casello inquired as to how many employees the agency would employ.
Mr. Drillich replied there was currently 5 adjusters, a secretary and a bookkeeper.
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Commissioner McCray asked when can they expect to see the gun and ammunition sign
gone. Mr. Drillich stated this has been done already.
Commissioner Katz thanked Mr. Drillich for selecting Boynton Beach for the future home
of his business.
Attorney Cherof noted for clarification, the condition of approval. Mayor Grant. stated to
allow for the ability to have reclaimed water at the owners site. Attorney Cherof stated this
would be an additional condition which will be added by staff.
Mayor Grant requested a vote.
Vote
The motion unanimously passed
D. PROPOSED ORDINANCE NO. 18-027 FIRST READING - Approve Arden
Park abandonment (ABAN 18-002) allowing the abandonment of the
unimproved, 10.2 -foot wide alley running north / south from NE 9th Avenue, for
a distance of approximately 148 feet, to the south end of Lot 2 of the Robert
Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant:
Michael Simon, CRA Executive Director.
Attorney Cherof read the Proposed Ordinance No. 18-027 on first reading into the
record.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Clerk Pyle called the roll.
Vote
5-0
E. Approve Town Square Phase One Major Site Plan Modification (MSPM 18-006)
to construct a 109,085 square foot City Hall / Library building, an 827 space
parking garage, associated right-of-way improvements, and recreational
amenities on an 8.91 -acre site. Applicant: City of Boynton Beach.
Attorney Cherof swore in all those who wished to testify. These proceedings were
quasi-judicial.
Amanda Bassiely, Senior Planner requested to combine the Master Plan as well as the
Town Square Phase One Community Design Plan Appeal. Mayor Grant agreed.
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Ms. Bassiely explained the Master Plan with approximately 15.04 -acre site, rezoned to
have a Land Use (LU) of Mix Use Medium (MUM), the zoning was MU -3. The City of
Boynton Beach. Requesting approval of a Major Site Plan Modification for the first phase
of the Town Square Master Plan as well as the Community Design Plan Appeal. Phase
one includes the' construction of a 109,085 square foot City hall and. library building
located on the southeast corner of Ocean Avenue and Seacrest Boulevard, an 827 space
parking garage located on the south side of SE 1St Avenue, right-of-way improvements,
and public amenities. The applicant is also requesting approval of two (2)
concurrent Community Design Plan Appeals.
There are two existing buildings, the Old High School and the Children's Schoolhouse.
The proposed buildings are the City Hall/Library and the Parking Garage. The public
amenities include, the Green, Kapok Park and Kids Kingdom Playground. There is also
a right-of-way. Ms. Bassiely stated the front faces the Green, showed an enlarged public
realm on Ocean Avenue. There will be sidewalks throughout the site. The height of 74
feet was closest to Ocean Avenue. Showed views from Ocean and Searcrest Boulevard
as well as from S.E. 1St Avenue. There would be two entrances.
Commission McCray asked if the building was facing Seacrest. Ms. Bassiely responded
the building was facing the Green. Seacrest was behind the building. Mayor Grant asked
if there was an entrance on Seacrest. Ms. Bassiely stated she will get to that.
Ms. Bassiely provided a view from the SE 1 Avenue. She indicated the public could see
the two garages and one of the entrances to the Commission chambers. Different
views were shown from Ocean, Searcrest Boulevard. Indicated the MU -3 zoning district
requires no building setbacks. The enlarged setback accommodates space for a surface
parking lot, which will serve the Commission chambers. In order to mitigate any
negative impacts of the enlarged setback, an enhanced streetscape was proposed
along a portion of Seacrest Boulevard. The proposal includes an eight (8) foot wide
paver sidewalk, street trees, a trellis, and a decorative bus stop. Ms. Bassiely provided
photos/drawings of the building and trellis.
Commissioner Casello asked for clarification regarding the trellis. Would this be an open
trellis or a closed trellis? Ms. Bassiely responded it would be a shade structure. This would
be an open trellis that would have vines going up the structure. It would be a green wall.
Vice Mayor Romelus requested clarification on an entrances on the plans. Ms. Bassiely
responded these were entrances to the community rooms and incubators spaces.
Ms. Bassiely indicated there were two Community Design Plan Appeals. This phase also
includes the right-of-way improvements to NE 1st Avenue, Ocean Avenue, Seacrest
Boulevard, and SE 1 st Avenue. As noted earlier, the applicant is requesting that SE 1 st
Avenue was extended westward to meet Seacrest Boulevard and complete the grid block
pattern.
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Mayor Grant asked if there were entrances and exits through the building. Ms. Bassiely
stated there would be a driveway in-between the two buildings and the parking garage.
Ms. Bassiely stated staff was recommending approval, however the residential wrap from
this garage will be designed and approved within phase two of the master plan. If phase
two is not constructed prior to the use of the garage, an interim design was required. An
additional architectural treatment of all facades will be required to be in compliance with
the LDR (Land Development Regulations), which may include, but is not limited to the
green wall design, additional architectural design, use of textures and materials and public
art.
Mayor Grant asked if this would be required if they are built before phase two. Ms.
Bassiely responded if it was built and used before phase II.
Mayor Grant asked will those things be used after phase II was built. Ms. Bassiely
responded it depends on the lag time; _ this was to protect the City from having a
standalone parking garage with nothing around it.
Mayor Grant asked the definition on what was a lag. Mr. Groff Colin representing the City
of Boynton Beach, stated the Code requires a parking garage to have a wraparound with
an architecture feature. If phase two was not built there was a condition stating the garage
needed to be wrapped. The Code requires them to comment.
Major Grant asked if this was for building permit issues or approved. Ms. Bassiely
responded the site plans needed to be approved. Mr. Groff indicated the Commission will
be seeing the site plans in 6 to 8 weeks.
Ms. Bassiely indicated staff had three additional recommendations. Provide "two
additional handicap parking spaces in the surface parking lot to the southwest of the
proposed City hall/Library, provide sweet almond bushes in place of a portion of the fire
bush plants, and provide passion flower vines and balloon vines on the proposed trellis
along Seacrest." Ms. Bassiely indicated staff could provide some butterfly attracting
plants.
Commissioner Katz supported the staff recommendation to not make such ridged
guidelines and be more accommodating.
Commissioner Casello stated he has an issue with the trellis and vines. Trellis and vines
are a maintenance nightmare. Commissioner Casello advised he was not sure if the City
of Boynton Beach had the ability to take care of the proposed trellis. Mr. Groff responded
there are many comments on the trellis. Staff was working on the design. They need to
meet the regulatory requirement as well as meeting the desires of the owner.
Mayor Grant inquired if there was currently a bus stop in this area. Mr. Groff responded
there was a bus stop 200 feet north of the building. Major Grant stated the reason why it
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Meeting Minutes
City Commission
Boynton Beach, Florida September 20, 2018
_ was there was because it was the interchange of Boynton Beach Boulevard. Noted the
residents must walk an additional 200 feet to the bus stop. Mr. Groff responded at this
time the bus stop was in front of the Library.
Mayor Grant asked about the bus stop across from the Post Office. Mr. Groff stated that
was planned in phase III.
Mayor Grant asked for clarification regarding the trellis and its location. Mr. Groff said it
would be located at the City Hall building.
Mayor Grant asked if the trellis would effect a driver's vision when trying to make a left.
Ms. Bassiely responded they would not be allowed to make a left.
Mayor Grant inquired if the trellis would be 25 feet from the corner. Asked if the parking
lot would be exposed. Mr. Groff replied the trellis would shield the parking lot from
Seacrest slightly. Mayor Grant said the Commission has no idea what the trellis was going
to look like. Mr. Groff indicated staff will bring the trellis back to the Commission.
Mr. Groff informed the Commission there are some building regulations regarding the
building setback lines. The City wanted the parking lot placed in this area. The building
sits back further than what was allowed by Code. The Code dictates the building needed
to be closer to the road. The Code allows for design appeal. The recommendation was
doing something along Seacrest which compliments the building as well as meet the
requirement for the setback which the City of Boynton Beach was not meeting. Mr. Groff
said staff would bring that additional information to the Commission. The trellis would
need to meet the requirements of the Code and it needs to match and blend into the
building.
Mayor Grant asked can they make this subject to the trellis approval. Mr. Groff replied
Ms. Bassiely mentioned the trellis, but the trellis was not in the recommendation. The
recommendation was that something needed to be done along that wall. Mr. Groff
mentioned that in Lake Worth there was a bus stop in front of City Hall that looks really
nice.
Ms. Bassiely advised the trellis was part of the conditions of approval, as well as the
requirements from the Planning and Zoning Board to have vines along the trellis. She
stated it does .not mean that it would be only a trellis. Said, there would be no knee walls,
there are columns, and staff was waiting for final designs. If more details were needed
the Commission can ask for an amendment to the condition of approval. Mayor Grant
requested to amend the condition of approval so that the Commission have more
knowledge of what was going to be on the wall before approval. Mr. Groff stated he was
in agreement.
Mayor Grant mentioned the different trees. Said there were 93 sable palms. He inquired
if the City of Boynton Beach could have more variety and more shade trees. Mr. Groff
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City Commission
Boynton Beach, Florida September 20, 2018
stated the architect looked everywhere where a shade tree could be placed. Indicated the
City does not want to place a tree where there was not enough room.
Mayor Gran asked if this includes the existing trees as well. Mr. Groff stated there are five
trees required to be saved. The Banyans trees are being preserved as well as the Kapok
trees. There are two trees on Ocean which could not be saved.
Mayor Grant asked if the he Kapok tree on the NW corner of Ocean Avenue and 1 st could
be moved. Mr. Groff responded the Kapok tree was in phase II. Mayor Grant asked was
it possible to save the Kapok tree and place it in phase one. Mr. Groff responded staff are
working with the private developer. The answer was we would like to if possible. Moving
the tree was a big challenge and having the tree survive was another challenge.
Commissioner Katz inquired what material would the trellis be built out of. Mr. Groff
replied staff was not aware of the material at this time. Indicated the challenge was they
were trying to meet the regulatory requirement and met the requirement as owners. Staff
was waiting on the architect to bring the designs and some materials. Mr. Groff stated
trellis mean different things to different people. He asked the Commission to let them
show the Commission some designs.
Mayor Grant asked if the Arts Commission could make recommendations since it was
more of a design than anything else. He would like to see the Arts Commission make
some recommendations. Mr. Groff responded it was the Commissions choice. He
suggested having the Landscape Architect to come back to the Commission with some
options. Guidance has been given to the architect. Mayor Grant noted many people drive
by Seacrest.
Ms. Bassiely said the actual condition of approval reads: "at time of permitting revise a
proposed wall. At the present time there was knee wall with a decorative iron rod fence".
The City need to revise the proposed wall to a trellis along the western boundary of
Seacrest. What staff were trying to convey was that it was taller, and takes up more vision
than a knee wall; that was the only condition. The design could be based on the approval
of the Arts Commission, if that was what the Commission wishes.
Mr. Groff recommended to bring it back to the different boards and bring it to the
Commission for feedback. As long it meets the requirement of the Code and once staff
receives feedback they can move forward. What they do not want was to come back
through a formal hearing. Mr. Groff stated they really do not have time.
Commissioner Katz said this was the direction he was going. There was a need for the
additional setback to put the trellis. He does not want this to be a forced structure meant
to obscure the line of sight. If it could be made into public art, it was not just a portion of
a wall. It was meant to catch the eye; it was an opportunity to create a passive piece of
public art.
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City Commission
Boynton Beach, Florida
September 20, 2018
Mayor Grant asked if the lamp posts had been chosen. Mr. Groff replied the lighting has
been chosen. The City was using Florida Power and Light (FPL) lighting so FPL would
own and maintain and the City would pay a monthly bill. Mr. Groff advised he would
provide photos of the lamp posts in the next update.
Mayor Grant asked if the Commission would be able to choose the lamp post. Mr. Groff
stated the lamp post have already been chosen.
Commissioner Casello asked if these lampposts match the one which the Commission
voted on for Boynton Beach Boulevard. Mr. Groff stated they will match; they are working
on all the architectural featured lighting.
Commissioner Casello stated they voted on the lighting. Mr. Groff stated it was similar.
Mayor Grant stated the one on Searcrest would be similar as well. Commissioner Casello
asked why it was not available. Mr. Groff stated he does not know exactly which one was
chosen. Commissioner Casello inquired about the lighting on Boynton Beach Boulevard,
will the City own the lighting or will the FPL own this lighting. Mr. Groff said FPL would
own the lampposts.
Mayor Grant opened the item to public comment.
Herb Suss, 1711 Wood Fern, said the trellis bothered him. He noted the Library was
being squeezed out in size. He hates to see the Library get shortchanged in space. Asked
if anything could be done to increase the space of the Library.
Mayor Grant stated some of the benefits was the Library would be opened on Friday.
They are planning to have a maker space. Staff was planning to use the reference library
on the second floor, but will have programming into the 21St Century. Mr. Suss asked if
the Commission could get the Arts Commission involved with the trellis as well as what
will happen about the trellis during a storm.
Commissioner Katz stated whatever is built would be built to Code and standards.
Mayor Grant, seeing no one else coming forward closed public comment.
Mayor Grant noted regarding the language. He would like to include the Planning and
Development recommendations, subject to the design appeal along Seacrest to be
reviewed by the Arts Commission.
Mayor Grant ask for a motion.
Motion
Commissioner Casello moved to approve. Commissioner McCray seconded the motion.
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City Commission
Boynton Beach,, Florida September 20, 2018
Vote
The motion unanimously passed.
F. Approve two (2) Town Square Phase One Community Design Plan Appeals
(CDPA 18-001 & CDPA 18-002), of Chapter 4, Article III, Section B.2.a "Building
Location" for proposed setbacks, as opposed to strict compliance with the
required build -to -line for the city hall/ library building on Ocean Avenue and
Seacrest Boulevard. Applicant: City of Boynton Beach
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
Vote
The motion unanimously passed.
G. PROPOSED ORDINANCE NO. 18-023 - SECOND READING - Approve NE 1 st
Avenue Abandonment (ABAN 18-003) abandoning the improved 45 -foot -wide
right-of-way running east / west from NE 1St Street, for a distance of
approximately 588.02' feet, to Seacrest Boulevard. Applicant: City of Boynton
Beach. (Tabled. for a lack of notification.)
9. CITY MANAGER'S REPORT - None
10. UNFINISHED BUSINESS - None
11. NEW BUSINESS
(Items A -C discussed earlier in meeting)
A. Approve the request of Mayor Steven B. Grant to distribute $200 of his
Community Support Funds to Healthy Aquatics Marine, a non-profit
organization.
Mayor Grant stated the Healthy Aquatics Marine Institute was a not-for-profit marine
science education center and aquarium located in Boynton Beach, Florida. The Institute
goal was to enhance the public understanding of the value and importance of our
marine environment through education, research, and personal experiences.
Motion
Commissioner Casello moved to approve. Commissioner McCray seconded the motion.
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City Commission
Boynton Beach, Florida September -20, 2018
Vote
The motion unanimously passed.
B. Approve the request of Mayor Steven B. Grant to distribute $200 of his
Community Support Funds to S. Florida Sanctuary, Inc., a non-profit
organization.
Mayor Grant stated this organization's vision was to help transform the lives of the
homeless. As well as accomplish this with short terms goals including, but not limited to
providing them with temporary place to come, where they can receive food, toiletries,
and clean clothing. Reaching out in a loving and compassionate way, with dignity and
respect, to those in our community, who due to their life's circumstances and trials and
tribulations, whether homeless or not, need emergency assistance. They provide
sustenance, a temporary and secure personal space, clothes and other goods, and help
connecting with private and governmental organizations for more advanced care and
assistance.
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
Vote
The motion unanimously passed.
C. Approve the request of Commissioner Justin Katz to distribute $2,000 of his
Community Support Funds to Florida Youth Rugby Union a non-profit
organization.
Commissioner Katz indicated he was requesting $2,000 of his Community Support
Fund to support Florida Youth Rugby, a non-profit organization.
Sean Simon, 3780 Max Place Unit 101, thanked everyone for the opportunity to come
before the Commission. The Florida Youth Rugby Union was a 100% volunteer driven,
nonprofit organization with free player participation for maximum economic inclusion.
Mr. Simon has created a different model; most rugby was travel teams. Florida Rugby
was a partnership between Florida Rugby Union and Florida Youth Rugby Union. It acts
as the administrative and communication platform for both Unions. Their mission was
to expand athletic and academic opportunity through the sport of rugby in a fun, healthy,
character -building system that focuses on established core values.
Indicated there are four city matrix teams. They are a recreational league. The program
was 90% disadvantaged. Explained the budget two years ago with $7,433; today's
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City Commission
Boynton Beach, Florida September 20, 2018
budget was now $13,066. The funds go to outfit the players. There was a set for each of
the teams. They encourage kids to reach for the stars, take them to colleges, and
inspire them to play rugby at college.
Commissioner McCray indicated this was money well spent.
Commissioner Katz stated he has known Mr. Simon for some time. He was starting up
youth and men's league to educate people on rugby. Indicated this was for the children.
Noted it did not matter who you were, if you have cleats and a mouth guard you can
play.
Motion
Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion.
Vote
Motion unanimously passed.
12. LEGAL
A. PROPOSED ORDINANCE NO. 18-016 - SECOND READING - Approve
Amateur Radio & TV Antennas (CDRV18-001) amending Chapter 3. Article V.
Section 12 of the Land Development Regulations to update terminology,
restrict the number of towers allowed, establish height limits and setbacks,
while maintaining consistency with preemption regulations by the Federal
Communications Commission (FCC). City -initiated
Attorney Cherof read Proposed Ordinance No. 18-016 into the records by title only on
second reading.
Motion
Commissioner McCray motioned to remove Proposed Ordinance No. 18-016 from the
table. Commissioner Katz seconded the motion.
Vote
The motion unanimously passed.
Motion
Commissioner McCray moved to approve. Commissioner Katz seconded
the motion.
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City Commission
Boynton Beach, Florida September 20, 2018
Vice Mayor Romelus requested clarification on the changes made to amend the
ordinance. Indicated she received some last minute emails regarding the proposed
ordinance.
Attorney Cherof explained those emails were related to the issues of the ability to lower
the antennas for hurricanes. The comment that was made by someone from the industry
stated that was not a reasonable regulation. The City interpretation was this was up to
the City Commission to make that determination by adopting the Ordinance. It seems like
a reasonable regulation from staff point of view. Antennas are now designed to
accommodate the type of movement when storms approach.'Staff believes this was
consistent with the broader language of the proposed regulations.
Mayor Grant asked if the City requires a building permit for those towers. Attorney Cherof
replied he believed they do.
Commissioner Casello asked if the ones which are already be grandfathered in. Attorney
Cherof confirmed they would. Mayor Grant stated this would be a requirement of the new
towers. Attorney Cherof advised anything new installed must comply with this regulation.
Mayor Grant asked what was the City definition of a storm that would require the City to
send letters/notification to companies to take the antennas down. Asked if the City has
any Code Compliance within the ordinance. Inquired if the City would have the ability to
take the antennas down if necessary? Attorney Cherof replied the City does not have the
right to go onto private property, to take down the towers. The City would count on the
cooperation of the tower owners. Failure to comply could result in a citation.
Mayor Grant asked if there was any type of enforcement and was it in the ordinance?
Attorney Cherof replied there were enforcement provisions, whether it could be
accomplished within the time period of an approaching storm was probably not possible
to enforce it. It would probably be a fine.
Mayor Grant asked how much was the fine. Attorney Cherof replied he did not recall he
needed to check the ordinance. Mayor Grant stated $1000 per day was a maximum fine
the City could assess. Asked if the City could charge the maximum fine. Attorney Cherof
responded it depends on how the ordinance was drafted.
Commissioner Casello inquired who would go and inspect these properties so that a fine
could be levied. Attorney Cherof replied Code Enforcement. Commissioner McCray
pointed out it was now Community Standards.
Commissioner Casello asked if Community Standards would inspect antennas in the
event of a hurricane. Attorney Cherof stated this was his understanding.
Mayor Grant suggested the antennas should be taken down in the event of a hurricane.
Mayor Grant noted the City has the tower owners permit information for each antenna.
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City Commission
Boynton Beach, Florida September 20, 2018
The property owner was liable for the antenna. It was their responsibility if they wanted to
keep it up during a hurricane.
Attorney Cherof noted the language can say the owners of the antennas can keep the
antennas up and accept the.suggestion which was made through the email exchange
from the industry representative with the Commission. Vice Mayor Romelus indicated as
long as they were liable for their own damage
Vice Mayor Romelus asked if the antennas were in proximity to homes or businesses?
Attorney Cherof responded the towers are everywhere.
Vice Mayor Romelus inquired if they are responsible for damage on adjacent properties.
Ms. LaVerriere indicated some of the concerns were if the antennas became detached
they would become missiles. This was the reason for the requirement. She was not sure
how many Ham Operators were in the City.
Motion
Mayor Grant moved to approve with the amended language not requiring tower owner to
take down the antennas during a storm., Commissioner Casello seconded the motion.
Mayor Grant opened the issue for public comments.
Barry Porter 13908 Via Media, Assistant Section Manager from 14 Counties of the
American Radio League, thanked the staff for the passage of this ordinance.
Clerk Pyle called the roll.
Vote
5-0
B. PROPOSED ORDINANCE NO. 18-017 - SECOND READING - Approve
Wireless Communication Facilities (CDRV 18-001) amending Chapter 3.
Article V. Section 13 of the Land Development Regulations to implement
regulations consistent with State legislation known as the Advanced Wireless
Infrastructure Deployment Act , that regulates WCF within public rights-of-
way. City -initiated. (TABLED FROM SEPTEMBER 11, 2018).
C. PROPOSED ORDINANCE NO. 18-022 - SECOND READING - Approve
amending City Code of Ordinances Section 16-22 so that park rangers to have
the same authority as the director and any park attendant to eject from the park
or beach any person acting in violation of this article.
Attorney Cherof read Proposed Ordinance No. 18-022 into the record by title only.
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City Commission
Boynton Beach, Florida September 20, 2018
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
Mayor Grant indicated the program would begin on October 1, 2018. Noted he was
looking forward to seeing this implemented and improve the safety of Boynton Beach.
Commissioner McCray inquired about the word eject, as long as the word, was removed
he was in favor of the ordinance.
Attorney Cherof responded there was an amendment on first reading to remove any
reference to the word eject and to insert "Initiate the removal from" that was changed in
body and the title of the ordinance.
Commissioner Casello inquired if the City has hired the two Park Rangers. Ms. LaVerriere
responded the progress has begun for the recruiting. Commissioner McCray asked if they
would be carrying weapons. Ms. LaVerriere responded no.
Mayor Grant opened the issue to the public. No one coming forward, Public Comment
was closed.
Clerk Pyle called the roll.
Vote
5-0
D. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission
to consider amending Part II, Chapter 2, Article I of the Code of Ordinances to
create a new subsection prohibiting board member lobbying. (TABLED -
STAFF RECOMMENDS ITEM REMAIN TABLED)
E. PROPOSED ORDINANCE NO. 18-020 - SECOND READING - PUBLIC
HEARING - Approve amendments to the regulations governing the
methodology used for approving the Utility rates governing water, wastewater
(Chapter 26-9), reuse water (Chapter 26-508), and the storm water assessment
fee (Chapter 26-403); allowing rates to be set annually by resolution of the
Commission.
Mayor Grant asked for a motion to remove from the table.
Motion
Commissioner McCray motioned to remove Proposed Ordinance No. 18-020 from, the
table. Commissioner Casello seconded the motion.
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Meeting Minutes
City Commission
Boynton Beach, Florida
Vote
The motion unanimously passed.
September 20, 2018
Attorney Cherof read Proposed Ordinance No. 18-020 into the record by title only on
second reading. Attorney Cherof explained what annual meant to the City of Boynton
Beach.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded
the motion
Mayor Grant opened the issue to the public, no one coming forward, Public Comment
was closed.
Clerk Pyle called the roll.
Vote
5-0
F. PROPOSED RESOLUTION NO. R18-138 - Approving the utility rates for
Water, Wastewater, Storm water, Reuse Water and Chilled Water for the Fiscal
Year 2018-19.
Mayor Grant read Proposed Resolution No. 18-138 into the record by title only.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Mayor Grant opened to the public seeing no coming forward Public Comment was closed.
Vote
The motion unanimously passed
G. Report by City Attorney on filling City Commission vacancies.
Attorney Cherof noted research was done regarding previous notifications of vacancy
which occur on the Commission. Attorney Cherof provided criteria and stated the
Commission has the ability to appoint a duly qualified citizen. He indicated the individual
must be a qualified elector, reside in District 4 prior to the date of appointment for at least
one year, must be 21 years old to files to be qualified as a candidate. With the
Commission approval, staff will prepare a notice to be published. For the purposes of
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Meeting Minutes
City Commission
Boynton Beach, Florida September 20, 2018
discussion, the last paragraph states, letters and interest and qualification are to be
submitted to the City Clerk prior to noon November 15, 2018, that was the week of the
election and it proceed to the next City Commission meeting. This was well in advance.
This gives individual time to submit their qualifications.
Vice Mayor Romelus clarified the election was November 6, 2018. Attorney Cherof stated
it was the second Tuesday in November. Mayor Grant indicated this was the City's
election. Attorney Cherof stated it was the date the Commissioner moves to the House,
Midnight November 6th. At midnight is when the vacancy will exist.
Attorney Cherof indicated the date will be readjusted to November 7, 2018
Mayor Grant stated the advisory board form be required for the City Commission, so they
have the blanket information they all fill out, other than the resume and letter.
Attorney Cherof suggested having the declaration of qualification indicating they are a
resident of the City; the appropriate forms would be make available by the City Clerk.
Commissioner Casello asked where would this be advertised. Attorney Cherof stated in
the past in the newspaper of general circulation in the legal section. Commissioner
Casello asked if this would be placed on the City website. Attorney Cherof replied in the
affirmative. Ms. LaVerriere suggested it be noticed on social media.
Commissioner Katz qualified the applicants must live in the City and District 4 for a year,
and must be 21 years old. Attorney Cherof agreed. Commissioner Katz asked the
Attorney to define elector. Attorney Cherof responded someone registered to vote in the
City of Boynton Beach.
Mayor Grant asked for definition of reside, is this contiguous. Attorney Cherof replied this
was established by case law. It was the declaration of the individual that was their primary
residence
Mayor Grant asked if they could use a driver's license which had been issued for a year.
Attorney Cherof said the driver's license could lag behind. It was the declaration which is
made by an individual. Mayor Grant asked how the City can research a declaration.
Attorney Cherof stated the City could look at declaration of homestead, voter's
registration, electric bills.
Mayor Grant stated this can be placed as a requirement of declaration. Attorney Cherof
noted something generic like provide proof or registration without a long listing of items.
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
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Meeting Minutes
City Commission
Boynton Beach, Florida
Vote
The motion unanimously passed
September 20, 2018
H. City Commission is requested to review the Lien Reduction order issued by the
Special Magistrate at the August 15,2018 hearing for Case #15-1055
Daniel Dennehy, thanked the Commission for allowing him to bring his concerns
regarding case number 15-1055. He was the property owner of property located at 3164
Ocean Parkway. Placed the home up for sale, a title search was done and a lien was
attached to the property. Mr. Dennehy indicated he was not aware of the lien on the
property until the house was placed for sale and ready to be closed. A title search
revealed there was a code lien placed on the property. He contacted a City representative
and was inform how to have the lien reduced. He was unable to attend the lien hearing,
but the lien was reduced: He believes the lien should have been dismissed for the
following reasons: notification was never received. Notifications were sent to the real
estate agent in error. Mr. Dennehy indicated he had the tax notices sent to his address
out of state from the Palm Beach County Tax Collector's office. The realtor signed the
returned receipt. If he had been served on time; it would have been paid on time. He
provided a paid receipt for real estate taxes with his New York address. Stated this was
one of many properties he owns. The lien was up to $107,000 because of the $100 per
day.
Mayor Grant inquired as to the City of Boynton Beach cost. Mark Woods, Director of
Community Standards, replied the administrative cost was $730.15.
Mayor Grant asked were there any other cost associated with this lien. He did not obtain
a Business Transaction Receipt (BTR) on the rental property. Mr. Woods stated this was
part of the issue. Mayor Grant asked if a BTR has been obtained. Mr. Woods stated the
property was in compliance.
Commissioner McCray asked Mr. Dennehy how many properties he owns in the City of
Boynton Beach. Mr. Dennehy stated he only has one property in Boynton Beach.
Commissioner McCray noted in the previous year when lien reductions came before the
City, the City was lenient as long as the City recoups the cost for this City and they were
in compliance.
Commissioner Casello agreed with Commissioner McCray. Their job was not to make
money. Their job was to make sure the properties were in compliance. Asked why was
this notice not sent to the correct address. It was the address on the deed.
Mr. Woods stated in April 5, 2015 the address was 55 SE 2nd Avenue, Delray Beach
Florida.
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Meeting Minutes
City Commission
Boynton Beach, Florida
September 20, 2018
Mayor Grant stated the information was sent out. Green Mountain Management was the
registered agent. Mr. Woods noted staff checked Sunbiz.org and the company was not
registered on Florida Sunbiz.
Commissioner Katz indicated he supports Commissioner McCray and Commissioner
Casello.
Motion
Commissioner Casello moved to recoup the administrative cost of $730.15.
Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
13. FUTURE AGENDA ITEMS
A. Commission wants to discuss public safety as it relates to the Town Square
Redevelopment — TBD
B. Staff to bring information concerning the following land parcels for the
Commission to review - TBD
Nichols Property
Rolling Green
Girl Scout Park
C. 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 24th Avenue adjacent
to 1-95. — TBD
D. Commission to discuss Commission Meeting that would normally be scheduled
for Tuesday, January 1, 2019 and decide to either re -schedule or cancel the
meeting - October 2, 2018
E. Consideration of Interlocal Agreement between City of Boynton Beach and Town
of Hypoluxo for the City to provide water and sewer service to the Town - October
2, 2018
F. Vice Mayor Romelus requested an item be placed on a future agenda to discuss
the attached email from Susan Oyer. October 2, 2019
G. Vice Mayor Romelus requested a future agenda item to discuss the participation
of local artists in the Town Square project - TBD
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City Commission
Boynton Beach, Florida September 20, 2018
Commissioner McCray stated they have approved Town Square. He believes item G
should go to new business. Commissioner Katz advised items F and G both pertain to
the Arts Commission. Ms. LaVerriere stated staff will have a report. They have just begun
the process.
Mayor Grant requested staff to remove item C from Future Agenda. There was a
discussion regarding Attorney Cherof would be speaking with the Commission on Ethics.
Attorney Cherof responded he was working on some revisions on the proposed ordinance
which would reflect some comments he received and will be presented at the next
meeting.
Commissioner Katz inquired if this was in regards to the prohibition of board members
lobbying the Commission. Attorney Cherof responded in the affirmative.
14. ADJOURNMENT
Motion
There being no further business to discuss, Commissioner Katz moved to adjourn.
Commissioner McCray seconded the motion.
Vote
The motion unanimously passed. The meeting was adjourned at 8:44p.m.
(Continued on next page)
29,
Meeting Minutes
City Commission
Boynton Beach, Florida
ATTEST
a4 -y -/y4
Judit . Pyle, CMC
City erk
Queenester Nieves,
Deputy City Clerk
30
September 20, 2018
CITY OF BOYN ON BEACH
�� X, -
Mayor - Steven B.drant
na Romelus
missioner =
missioner - Joe Casello