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Minutes 05-07-19MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 7, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Ty Penserga, Commissioner OPENINGS Lori LaVerriere, City Manager Shana Bridgeman, Assistant City Attorney Queenester Nieves, Deputy City Clerk A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Pastor Bob Bender of Christ Fellowship Church The invocation was given by Pastor Bob Bender. Pledge of Allegiance to the Flag led by Commissioner Mack McCray. Commissioner McCray led the Pledge of Allegiance to the Flag. Roll Call A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor asked to insert an additional proclamation as Item 3.E and renumbering the Consent Agenda items behind it. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Romelus seconded the motion that unanimously passed. Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner McCray and Commissioner Penserga had no disclosures. Commissioner Romelus gave well wishes to City Clerk Judith Pyle who was injured. She attended a Social Media training session hosted by the Florida League of Cities and advised Boynton's Social Media Policy stands up pretty well compared to other cities, but the policy should be updated and added to a Future Agenda. She also attended a Medical Marijuana Summit and encouraged other Commissioners to become familiar with the issue in light of the industry's anticipated growth. She attended a Haitian American Culture Day in Delray Beach and hoped the City would partner with the organization to have a rotating event. Mayor Grant announced the following: On April 17th he attended a Coalition of Boynton West Residential Associations (COBWRA) meeting and welcomed the new president. On April 18th, he attended a ribbon cutting for Aldi grocery store and a Transportation Planning Agency meeting. He visited the Senior Center and attended another ribbon -cutting ceremony for Peter Feaman, PA, before attending Bill Torme's Basketball Tournament. He wished all a Happy Passover and Easter. On April 23rd, he met with representatives from ATT. On April 24th, he attended a League of Cities meeting. On April 26th, he attended a Dimensional Harmony Choir concert noting the Acapella Choir was invited to go to London at the end of this year. April 27th, he attended the Palm Beach County School District Town Hall's Culture Community Connection. On April 28th, he watched the Avengers. On April 29th, he met with Colin Groff, Assistant City Manager, at the Lake Worth Drainage District and the new Executive Director, Tommy Strowd. He met with Kaufman Lynn who built Pacifica and met with Sister Cities. On April 30th, he attended a luncheon at Crosspointe Elementary School. He attended a new duplex dedication for Habitat for Humanity. He attended the Boynton Beach Short Film Festival hosted at the Alco Movie Theater showcasing short films produced by South Tech Academy students. Mayor Grant praised the program and advised they sold more presales tickets than all of last year and the City was happy South Tech included the words Boynton Beach in the name of the event. On May 1St, he attended a Mental Health meeting at the Children's Service Council and on May 2nd, he attended a Mayor/Manager meeting with Commissioner Weinroth. He also spoke with the engineer for the Harbor Cay project while at the Wastewater Treatment Facility. 3. ANNOUNCEMENTS, COMMUNITY, SPECIAL EVENTS AND PRESENTATIONS A. Proclaim May as Building Safety Month in order to help promote citizen awareness of building safety, energy efficiency, water conservation and sustainability. 2 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Mayor Grant read the Proclamation. Mike Rumpf, Development Director was present to accept the Proclamation and he thanked the City Commission for the Proclamation on behalf of Shane Kittendorf, Building Official, City residents, and other staff. B. Proclaim the month of May as Haitian Heritage and May 18 as Haitian Flag Day. Mayor Grant read the Proclamation and presented it to Commissioner Romelus. Commissioner Romelus explained she was humbled to accept the award. She commented most Haitian Americans have a similar story. Her father immigrated to the United States in 1980 on a boat. He left her mother in Haiti who was pregnant to provide a better life and risked his life for the American Dream. The Haitian community is progressing in the United States and in South Florida and Haiti should be celebrated. Haiti attained its independence from slavery in 1804 and afterward helped several other South American countries as well as the United States during the American Revolution. She announced Haiti's motto Unity is Strength. C. Proclaim May 2018 as Mental Health and Trauma Informed Care Month. Woodrow Hay, Chair of Boynton Beach Mental Health Committee will be present to accept the Proclamation. Mayor Grant read the Proclamation. Woodrow Hay, Chair of the Boynton -Beach Mental Health Committee, was present with other members to accept the proclamation. Mr. Hay thanked the City Commission for the proclamation and for addressing mental health. He read a lengthy list of accomplishments from July 1, 2018, to present. Highlights included participation in the Bethesda Community Needs Assessment resulting in a focus on mental health over the next three years and increased mental health and first aid training at St John Missionary Baptist Church. Three Mental health Committee members became Nationally Certified as Mental Health and First Aid trainers to serve the Healthier Boynton Beach Community. They conducted training at the First Presbyterian Church and at St. JohnMissionary Baptist Church. Bethesda Health had its first Mental Health First Aid training for staff in January and another session was scheduled for April 30th. They partnered with South Tech Academy and supported their mental health event and awarded certificates to art class students who competed in a mental health Public Service Announcement contest. They participated in a Health Fair Event on August 7th and the Community Caring Center Hospitality and Culinary Job Fair. They were present at the August 30th Pathways to Prosperity (P2P) Back to School Fair, the September 20th Boynton Beach Senior Health Fair and many other events. The Boynton Beach Mental Health Committee obtained a mini grant from Healthier Boynton Beach to create a Caregiver Resource and Learning Center at the City Library. The Committee donated 50 books on caregiving and introduced a group of caregivers to electronic tablets, which allowed them to search for caregiver information. They distributed over 1,000 Finding Hope brochures to consultants and Boynton Beach Schools. The Committee's "Get your Green on" Planning Committee was nominated for the Community Collaboration Award. They applied for two mini -grants in 2019 to provide services and Trauma Informed Yoga. A six -session workshop on Trauma Informed Yoga Mindfulness was held for 20 3 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 caregivers. They printed and distributed over 5,000 door handle cards with mental health and emergency information to homes in the 33435 area code. They participated in the Boynton Beach Holiday Parade and was a vendor at the 5th Annual Palm Beach County School District Mental Health Consortium at Atlantic High School attracting various counselors and private practice mental health professionals- Amanda Kofax, a member of the Steering Committee, completed 200 hours of training and promoted and conducted three free Yoga in the Park sessions, They are actively engaged in the Palm Beach County Action Alliance in Mental Health. They worked with the Bridge Director to conduct yoga and provide mental health information in Creole. The Committee has a link on the City's webpage and is represented on the COWBRA Health and Wellness Committee. They held a May 2nd event and doctors from Bethesda Health and JFK Hospital held excellent discussions. Mr. Hay thanked the City Commission and the Mayor and asked for financial support. Each member of the Commission received a green tee shirt. Commissioner Romelus suggested mental health training be discussed during the budget. Even a small allocation to cover materials to host some type of training for staff would be beneficial. D. Proclaim the Month of May 2019 as National Historic Preservation Month. Mayor Grant read the Proclamation. Present to accept the proclamation was Barbara Ready, Chair of the Historic Resource Preservation Board (NRPB). She thanked the City Commission, City Manager and staff on behalf of the HRPB for the City's continued support. The City will celebrate its Centennial Year in 2020 and she noted Historic Preservation becomes more important as the City acknowledges its history and its future. Other members of the Historical Society were present and were recognized. The Boynton Beach Historical Society is celebrating its 50th year as a Historical Society. Commissioner McCray commented he was invited to Clyde Harris's home and was shown a map of different homes in the northeast section of the City and Cherry Hill. He drew pictures of the homes, elementary school and the Old St. John Missionary Baptist Church. He suggested the Historical Society contact Mr. Harris. Mayor Grant requested anyone finding any historical items donate them to the Historical Society. E. Proclaim May 2019 as Boynton Beach Association of Firefighter's Appreciation Month. Mayor Grant read the Proclamation. An unidentified representative from the Muscular Dystrophy Association praised the City's firefighters and acknowledged the Muscular Dystrophy Association has partnered with the Firefighter's Union for 65 years. She hoped for a cure, and noted some treatments have been found. She commented last year, the City's Firefighters collected $48,000 for the Fill the Boot campaign. Commissioner McCray conveyed a short story about his donation and his three Godsons, emphasizing youth are paying attention. Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 E. Announce the Solid Waste Division will be having Tire Amnesty Week for the City residents from June 3rd, 2019 - June 7th, 2019. Davidson Monestime, Solid Waste Division, reminded all about Amnesty Week. He advised residents can leave up to eight tires curbside, with or without rims as long as they are placed away from anything else including bulk items, mailboxes or low hanging wires. F. Announce that Hurricane Season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane Season. Mr. Monestime noted Hurricane Season starts June 1St. He urged all residents to trim trees early. Residents doing their part and trimming early will help avoid the Department having to dedicate additional resources in areas they are not supposed to service at that time. A If there is a main storm, there would be no guarantee the piles will be serviced on-time. Anyone needing assistance should call Solid Waste. Commissioner Romelus commented when the City was hit by Hurricane Irma, her neighborhood was out of power for six days because neighbors did not maintain their vegetation. Commissioner McCray wanted to get the word out in District 11 about the tires. Mr. Monestime announced additional information was posted on the City's website and all of the City's media platforms. Mayor Grant noted the Florida Legislature created a tax holiday for hurricane preparation. The City will announce the information when it is received. G. Announcement by Police Chief Gregory of awards the Police Department received from the Palm Beach County School District. Assistant Police Chief Vanessa Snow, on behalf of the Police Department, announced two awards they received this past week. The first award was a 'gold award from Crosspointe Elementary School for being a strategic partner and the second was from Poinciana Elementary School.for being a business partner. The awards highlight some of the core tenants of the 216t Century Policing program they follow, which has to do with community engagement. The awards demonstrate the Department was doing great things. H. Announce awards received by'the Utility Department by Colin Groff, Assistant City Manager -Public Services. Colin Groff, Assistant City Manager, announced the Utility Department received the Medium Collection Award given to municipalities with the most efficient and effective operation of a wastewater collection system. The next two awards were received through a nomination process. The Thomas R. Camp Award, was started by the founder of Camp Dresser McGee (CDM) Smith. Company shareholders nominate and select a project each year that provides excellent service to the customers. Mr. Groff announced it was 5 Meeting Minutes City Commission Meeting Boynton Beach, Florida _ May 7, 2019 nice to see a large international company recognize the City and its team for using high quality advanced water treatment technology. Mr. Groff explained the Design Build Institute of American is comprised of thousands of members and member agencies. Mr. Groff serves on the National Council of Owners, which is a group of people who run agencies and handle design -build projects, and they were asked to nominate projects for this award. He noted he did not nominate Boynton Beach, but his peers recognized Boynton Beach for their ability to use design build projects to deliver technically advanced services. Mr. Groff pointed out the award was really an award to the City Commission because they allowed staff to use these procurement methodologies. The City was ranked number one out of thousands of projects from across in the country for its East Water Treatment Plant Expansion. Mr. Groff pointed out all of the awards were for the East Water Treatment Plant, that is now, nationally recognized as one of the best in the world. He noted it was the City's first design build project and it provided a very cost effective way to deliver products. Utilities Glenn Joseph, Fire Chief to announce that Boynton Beach Fire Rescue is launching a Firefighter Exploring Program for the youth in our community. This free career program will help young adults prepare for careers in the fire service and other public safety professions. Glenn Joseph, Fire Chief, announced the formation of the Boynton Beach Firefighters Fire Explorer Program, Troop No 343. Chief Joseph explained the program was made possible by the support of senior staff, the City Commission and a generous donation from the High Ridge Country Club. Fire Lieutenant Greg Jackson will run the program. Mr. Jackson introduced other firefighters who were present as well as Assistant Fire Chief Clemmons. The program is a free career education program to help young men and women and prepare them for possible careers in fire service while building wealth in the community by investing in youth. There are cards about contact information. Youth, aged 14 to 20 are eligible to participate in the program, which would start this summer. Commissioner McCray requested something be done in the elementary schools. J. Kathy Cline, Fire Marshal to announce The Boynton Beach Fire & Life Safety Division joining the American Red Cross to install smoke alarms in the Forest Park Community on May 11, 2019. Kathy Cline, Fire Marshall, announced smoke inhalation kills more than 26,000 people every year which is why smoke alarms are indispensable. The Boynton Beach Fire Department has joined with the American Red Cross for the "Sound the Alarms, Save a Life" Program on Saturday, May 11, 2019, at Forest Park. They had previously passed out flyers in the neighborhood, and on Saturday, with volunteers, they will distribute and install smoke detectors. The Department also has their own Smoke Detectors Program. Residents who own and live in their home can receive a free smoke detector. She advised there is a limited amount of smoke detectors. Interested individuals should call the Fire Department, come in and show their driver's license to prove residency. Flyers C^ Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 were available in the Chamber. The event was also advertised on the Department's Facebook page and other social media sites. Commissioner McCray thanked the Department for the annual report he read. He announced it was a job well done. K. Announcement of a communications and marketing award received by the City of Boynton Beach for the City's 2018 Calendar. Eleanor Krusell, Marketing Director, announced on Wednesday, April 17th, the City received the Gold Coast PR Council's Bernays Award in the marketing material print category for the City's 2018 Calendar. She announced the City had tough competition. The Gold Coast PR Council is South, Florida's largest independent organization composed of public relations, marketing and communications professionals from Palm Beach, Broward, Martin and Dade counties. This was the first year the City entered and won an award. L. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the Grand Opening of the Dog Park expansion. Ms. Krusell announced May 10th, from 5 p.m. to 7 p.m. the City will celebrate the Joseph Crowder Dog Park .expansion with a Yappy Happy Hour. The event will provide yapetizers from Mission BBQ, drinks, music, raffles, a balloon, artist and photo opportunities. The first 100 guests will receive free doggy bags with a doggy bandana, treats from Natural Dog Treats and Bakery, a raffle ticket and a voucher for a free sandwich from Mission BBQ. The band Cape, playing Caribbean music will provide music and sliders will be .provided by Mission BBQ. Six dog friendly eating and drinking establishments in the Renaissance Common area are offering attendeesdining discounts after the event and throughout the weekend including Brass Tap, Mission BBQ, Pizza Rock, Jersey Mikes and Hurricane Dockside Grill and Burgify. JKM Services, the master developer of the Boynton Village and Town Center, built the original dog park. The expansion will include an additional fenced area for larger dogs, and a pavilion with shaded seating in each area, dog exercise equipment in each area, a 12' by 24' pavilion with picnic tables in the open green space, benches in the open green area, a separate parking lot and a fishing pier. The Yappy Happy Hour is free. She gave the phone number and website. Vice Mayor Katz thanked Ms. Krusell for her help putting the event together and incorporating the businesses in Renaissance Commons. He thought the expansion and park was amazing and an awesome centerpiece for all the new development. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Dr. Piotr Blass, 113 Tara Lakes Drive, explained the City has visitors from Shakespeare's City in the back of the Chamber and they will have a Shakespeare Festival 7 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 starting in September. He reminded all it was Johannes Brahms and Pyotr Tchaikovsky birthday and today is a special day for music and culture. He announced Lake Worth has been inspired to get energy from the Gulfstream, which was a cutting-edge idea. The City is the closest point to the Gulfstream and it is beginning to catch on. He is organizing the University of Boynton and they are making progress. They were working on ideas to extend calculus and it was going well. He announced the Mayor and City Commission were doing a great job. He is running for U.S. Congress in District 21 and hoped the City would support him. Margaret Newton, 701 NW 4th Street, thanked the City Commission as she and her family benefitted from the City addressing drainage and sewerage in her neighborhood and she no longer has the flooding problem. She read the City is issuing a policy about flooding in District II and advised the employees who worked on her street were fantastic and courteous. She noted there was a terrible accident on the corner of 4th and 6th. She does not know who is in charge of traffic for that area, but she would like them to investigate the number of accidents at the location. The road is a straight shot from 10th to her street and many people were not stopping at the stop sign. The recent accident resulted in one car being totaled and the other driver left the scene. Neighbors saw what happened and she understood they were helping the Police. She conveyed she has asked and is officially asking for stop signs on 4th Street from 10th to 6th. She has lived there for 30 years and at one time, stop signs were on 6th Avenue and 4th Street and then they reversed. She reiterated her request for someone in the Department to provide the accident statistics for that corner and then something be done about it. Commissioner McCray thanked her for the comments about Public Works employees. He advised Ms. Paris also sent a letter to Mr. Groff and Commissioner McCray did a follow up as well. He agreed the employees were exceptional. He was t-boned on 4th and 7th Street and he constantly receives calls about speeding. He believed more officers were needed there. Susan Oyer, 140 SE 27th Way, advised she was disappointed at the last City Commission meeting. There were agenda items about Town Square. The public and the developers were sworn in, but the public was not allowed to speak. She felt the Commission violated her rights to give input and no one reminded the Mayor the public about the omission. She asked whose job it was to point out procedural errors. It is a public meeting and she felt it was unacceptable to deny those who wanted to speak. She expressed she thought it was unintentional, but there should be a check in place to correct any oversight. She wanted to reschedule the items to the next agenda so the public can speak on the project. Mayor Grant commented it was an oversight and he apologized. He wanted to use comment cards at the Commission meeting and noted if it is not second reading of the Ordinance, the Commission does not need to open the floor for public comment. In the future, there will be another public meeting for the Town Square project, and he hoped the Commission would agree to have optional comment cards. Ms. Oyer mentioned she did not like comment cards. 0 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 A woman named Catherine from 500 Ocean commented she has been living in Boynton almost two years and she was very happy to be a resident. She believed the residents were victims of a scam by management having a third -party vendor collect funds for water, trash and sewer. Her bill increased from $70 to almost $80. The billing company was in Rochester and now they have a new billing company. They keep adding service fees. The company is called Water Watch. The company collecting the water fees is Con Service. She wanted someone to investigate the issue. She was away for five weeks during the summer and her bill was the same. She complained the bill keeps increasing and she suspected other rental buildings were having the same issue. Mayor Grant asked Mr. Groff if individual units were charged or if it one meter was used for the building. Mr. Groff explained the property owner is the customer and the City sends them one bill. They have a submeter within the development over which the City has no control. The City bills the development the standard rates that they bill everyone else. The woman thought there were kickbacks involved. Mayor Grant commented the provision was probably in the contract she signed. The woman responded there was nothing in the contract she signed about the water, sewer and trash fees. Tracy Fearn, 500 Ocean, explained they have contacted the City as 500 Ocean has a major problem with mold and her unit was infested with it. She advised they tried to alert management as many other rental units at 500 Ocean also have mold. It is a brand new building and the management is terrible. Management has harassed the renters after they contacted the City and tried to retaliate and evict the renters. She praised Glenn Weixler, Community Standards Officer, who inspected her unit. Renters pay a lot of money to live there and the building was advertised as a luxury development. The renters are speaking up because management closed the Community Board down and residents cannot communicate. All the issues at 500 Ocean are getting out of hand. There are problems with security, crime, drugs, prostitutes and the amenities are all broken. Management is not doing what they should and they are trying to cover it up. One of the residents, who is an. architect, thinks the building has sick building syndrome and thinks the ventilation was not installed properly. Many of the renters are sick including her and her partner and she has documentation of the various illnesses. The Palm Beach Post had an article about the issue. She asked what help could the City provide. They need experts to test the air and inspect because management is not. The developer also received a massive tax break and the problem is going to get worse. Mayor Grant commented there is a lot of language in the contract about renter rights, but unless something is sent by certified mail to the landlord's address of record, nothing they say in writing or verbally before that time counts. He suggested retaining an attorney to review the lease. Ms. Fearn explained all 341 heating, ventilation and air conditioning (HVAC) units were not wired correctly, but they somehow passed inspection. Mayor Grant explained the records are public and they should find the inspector who approved the work: Then the renters have to get their own inspector to disprove the work was done properly. Ms. Fearn did not know if the City inspected the building or if they used a private N Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 inspector, but each HVAC unit was wired incorrectly and they were rewired. Mayor Grant noted if they rewired the HVAC Units, they may not have been re -inspected. Mr. Groff explained the City has regulations pertaining to rental buildings that is handled by Community Standards. Officer Weixler has been onsite. They are working with the owner and requiring them to conduct air quality tests and to forward the information to the City. If the rental units do not meet standards management has to demonstrate how they would bring it up to Code and they can be cited. He recommended affected residents call Community Standards to put their concerns on the record and they will inspect the units. He reiterated all impacted residents should call Community Standards Department and if the landlord does not address the issue, it proceeds to the citation process to enforce the Code. The City inspects, gives notice and has a set amount of time to provide them with an air quality report. Usually, owners are given 30 days to correct the violation. Commissioner Penserga recognized the urgency and pointed out they need an answer right away to determine if renters need to leave or stay. Ms. Fearn explained management was moving them, then not moving them, and then back and forth. Commissioner McCray agreed and thought the matter should be expedited as the matter is unacceptable and the City had to approve the building. Mr. Groff explained the owners used private inspectors for some of the construction, and he will keep the City Commission apprised. Commissioner Romelus suggested the residents use the Next Door app since the Community Board was removed. Ms. Fearn explained they opened up a private Facebook page when management shut the Board down. Herb Suss, 1711 Woodfern Drive, commented carbon emissions will have reached 45% by 2030 and 100% by 2050, to prevent extreme climate change with global warming of 1.5 degrees Celsius. If they do not act immediately to reduce emissions, children will be impacted, coastal cities will flood and there will be food and water shortages. He announced they are now at a point of no return, but mankind can slow it down. He commented the cost of solar energy is lower than it has ever been and more and more solar. energy should be introduced. He hoped the City would have solar amenities in the new Town Square project to demonstrate the City's commitment and to save money. Solar panels pay for themselves in 10 years. There are ways to solve the problem in a year and a half. He admonished the national administration for its disregard of climate change. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. .Building Board of Adjustments and Appeals 10 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Motion Vice Mayor Katz moved to appoint Tim Dornblaser. Board Member McCray seconded the motion that unanimously passed. Motion Commissioner McCray moved to appoint Damian Brink as a regular member. Commissioner Penserga seconded the motion that unanimously passed. Library Board Motion Commissioner McCray moved to appoint Robyn Boucard as a regular member. Commissioner Penserga seconded the motion that 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. Accept surtax capital project status report for 2nd quarter of fiscal year 2018-19 - January through March 2019. B. Approve proposal from Homrich Corporation of Lake Worth, FL to reassemble the amphitheater at Sara Sims Park in an estimated amount of $43,890. C. PROPOSED RESOLUTION NO. R19-047 - Authorize the City Manager to sign a Host Agency Agreement with the AARP Foundation Senior Community Service Employment Agency, to provide a work experience training opportunity under the City's Americans with Disabilities (ADA) Coordinator. D. PROPOSED RESOLUTION NO. R19-048 - Authorize the Mayor to sign an FPL Easement for new Police Department headquarters building. E. PROPOSED RESOLUTION NO. R19-049 - Approve utilizing the Monroe County Contract # 91-0-2016 with Boundtree Medical for the City's medical supplies on an "As Needed" basis with an estimated annual expenditure of $80,000 and authorize the City Manager to sign an Agreement. The Monroe County Contract procurement process satisfies the City's competitive bid requirements. 11 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 F. PROPOSED RESOLUTION NO. R19-050 -Authorize the City Manager to sign two 60-month agreements for the purchase of WAN network connectivity services and Internet services and one 36-month agreement for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $2,590.28 a month, utilizing the General Services Administration (GSA) contract # GS-35F-184BA. The City is allowed to purchase from this GSA contract. G. PROPOSED RESOLUTION NO. R19-051 - Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of Dell workstations and Monitors from Dell Marketing LP of Round Rock, TX in an amount not to exceed $40,000 and authorize the City Manager to sign an Agreement with Dell Marketing LP. The Florida Alternate Contract procurement process satisfies the City's competitive bid requirements. H. PROPOSED RESOLUTION NO. R19-052 - Approve and authorize the City Manager to sign an Agreement utilizing the US Communities Contract # EV2370, with the City of Kansas City being the lead agency, with Graybar Electrical Company for the purchase of electrical parts and components, and lighting for an estimated annual expenditure of $70,000. The US Communities process satisfies the City's competitive bid requirements. I. Approve award for the bid "Backflow Prevention Device Inspection, Testing and Repair Services Bid # 020-2821-19/EM to Line-Tec Inc. of Delray Beach, FL as the lowest, most responsive, responsible bidder who met all specifications for the anticipated annual expenditure of $25,000 on an "As Needed" basis. J: Approve increase of Purchase Order #190663 to B&B Underground Construction, Inc. in the amount of $30,030.62 for the Lift Station No. 405 Improvements project, increasing the Purchase Order from $44,825.00 to $74,855.62 due to additional paving and piping that was needed during excavation. K. Accept the City of Boynton Beach Community Rating System (CRS) Flood Mitigation Plan Progress Report, Flood Mitigation Activities Action Plan updates and .Program for Public Information Evaluation Report (May 2018 to April 2019). Copies will be available to the public on the City's website on the Flood Information page. (www.boynton-beach.org/flood-information). L. 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 May 7, 2019- "Request for Extensions and/or Piggybacks." M. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the five (5) month period ended February 28, 2019. N. Approve the minutes from City Commission meeting held on April 16, 2019. 12 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Motion Vice Mayor Katz moved to approve the Consent Agenda. Commissioner McCray wanted to remove item A, and seconded the motion to approve the remainder of the Consent Agenda. The motion unanimously passed. A. Accept surtax capital project status report for 2nd quarter of fiscal year 2018-19 - January through March 2019. Commissioner McCray spoke with City Manager LaVerriere regarding receiving an update regarding the surtax. Andrew Mack, Director of Public Works, explained a list of projects was contained in the meeting backup, which he read. Currently the City has $10M in projects and $3.9M was awarded through the process. There are still bids and continuing service contracts that that have not been awarded. Commissioner Romelus queried what percentage of the projects were done and how many bids were awarded to local businesses. Commissioner McCray explained they use the City's local hiring preference rules to try to award as many as possible. He could not say how many .were awarded, but each time staff is instructed to award locally. Commissioner Romelus requested a tally of the number of local business awards made since inception of the surtax. Commissioner McCray explained this is the first quarterly update and wanted the information included in future reports. Commissioner McCray noted a crosswalk was installed on Seacrest Boulevard and he wanted to thank whomever was responsible. He noted one of the freezers at the Senior Center was not working. He thought the freezer could be replaced or repaired. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-053 - Approve utilizing the State of Florida Contract #2000000 -18 -ACS (Alternate Source Contract) with Concordance Medical, Henry Schein Medical, McKesson Medical and Medical Solutions for the City's medical supplies on an "As Needed" basis with an estimated annual expenditure of $150,000 and authorize the City Manager to sign Agreements with each of the four companies. The State of Florida Alternate Source Contract procurement process satisfies the City's competitive bid requirements. Mayor Grant read Proposed Resolution No. R19-053. 13 Meeting Minutes - City Commission Meeting Boynton Beach, Florida May 7, 2019 Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. B. Approve the Bid # 019-2821-19/IT "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madesen Barr Corp. and Johnson -Davis, Inc. on a primary and secondary basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $175,000 to be used on an "as needed basis". Mayor Grant presented the item. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion that unanimously passed. C. Award Bid # 027-2515-19/MFD for Front Load Containers and Roll Off Repairs to GT Supplies,. Inc. of Riviera Beach, FL as the lowest, most responsive and responsible bidder who met all specifications for the anticipated annual expenditure of $200,000 on an "As Needed" basis. Mayor Grant presented the item. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion for discussion. Commissioner McCray spoke with City Manager LaVerriere. In 2017 they spent $59,500; in 2018 they spent $59K and now they are spending $200K. He thought the City should have been conducting more repairs instead of spending a lump sum. Tim Howard, Assistant City Manager, agreed they should have done more in prior years. The City previously had difficulty with the contract vendor and pricing, so the City issued a new bid. This new bid is on an as -needed basis. He noted the City was working on cleaning out the Rolling Green site, and it gives the Department the ability to spend up to that amount. Commissioner McCray encouraged all to visit the Rolling Green site because a phenomenal job was done. He also noted the City used to paint the dumpsters. Mr. Mack explained it was an Art in Public Places project. Commissioner McCray liked the initiative. He thought the program started nicely and then the City dropped the ball instead of continuing. 14 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 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. Approve Conditional Use and Major Site Plan Modification for the construction of a 1,927 square foot Taco Bell Restaurant, drive-through and related site improvements, located in a C-3 (Community Commercial) zoning district. Applicant: Raymond Funk, Coastal QSR, LLC.' (Applicant requests tabling continue to May 21st meeting.) Commissioner McCray asked how many more times this item would be tabled. The citizens are sending emails and they are upset. They need some closure and thought the item should be not be continuously tabled. B. PROPOSED ORDINANCE NO. 19-014 - SECOND READING - Approve Harbor Cay Townhomes Future Land Use Map Amendment from Special High Density Residential (SHDR) to Mixed Use Low (MXL) for a 1.43 -parcel, located at 605 Lakeside Harbor. Applicant: United Developers Group, LLC. Mayor Grant requested a motion to remove item C from the table. Motion Commissioner McCray moved to remove Item C from the table. Commissioner Romelus seconded the motion that unanimously passed. Attorney Bridgeman read Proposed Ordinance 19-014 by title only on second reading. Attorney Bridgeman read Proposed Ordinance 19-015 by title only on second reading. PROPOSED ORDINANCE NO. 19-015 - SECOND READING - Approve Harbor Cay Townhomes Rezoning from IPUD, Infill Planned Unit Development to MU -1, Mixed Use 1 for a 1.43 -parcel, located at 605 Lakeside Harbor. Applicant: United Developers Group, LLC. C. Approve Harbor Cay Townhomes Major Site Plan Modification (MSPM 19-003) to construct 18 townhomes -and related site improvements at a density of 12.6 dwelling units per acre on 1.43 acres located at 605 Lakeside Harbor in the Mixed 15 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Use -1 (MU -1) zoning district. Applicant: United Developers Group, LLC. (Tabled to May 7, 2019) Bradley Miller, Miller Land Planning, representing the applicant reviewed the project. The property is located on Federal Highway, just north of Gateway Boulevard. It is included in the CRA Redevelopment Plan and it has a mixed land use and zoning designation. The project was composed of 18 townhome units. Twenty-eight townhomes were allowed, but the developer opted to build well below the allowed density. The units fit the area. Access is via a private road called Lakeside Harbor, which traverses the property. The proposed land use was mixed-use low following the CRA Plan and has mixed use zoning of MU -1 on the site. There are eight units on one side of Lakeside Harbor and 10 on the other. Each unit is a three-story townhome with a two -car garage on the ground floor level. There are 15 parking spaces available for guests and surplus parking. The maximum height is 45 feet and the townhomes are below the maximum by about seven feet. The northeast and southern sides of the property have either a wall or picket fence or a combination thereof to control the elevation of the property and to provide security and separation. The perimeter buffering complies with the Code. As part of the development, the developer will work with homeowner regarding improving a gate that leads to 10 residential lots. The applicant sent letters to the homeowners about the project and met with them prior to the first reading. The common area has a pool on the northern side. The southeast side has a passive park area with a BBQ and artwork that will be along Lakeside Harbor Drive to fulfil the Art in Public Places (AIPP) requirements. The units range between 2,200 and 2,300 square feet of living space. They will have some restrictions. The two car garages can only used to park vehicles and not storage and this requirement will be included in some of the HOA documents. Visuals of the project were viewed. Several commitments for the HOA were in the Conditions of Approval such as trash receptacles and collection times, the garage and no changes or modifications to the patio porches or balconies. They will resurface Lakeside Harbor Drive from Federal Highway to the water. The developer included language indicating the residents of Harbor Cay are prohibited from parking at the end of Lakeside Harbor by the dock. They can park to unload a paddleboard, but long-term parking at the end of the road is not permitted. A build-up of dirt, grass and rock at the end of the Drive and a railroad tie, which creates pooling as drainage runs down the road will be improved as part of the development of Harbor Cay. The applicant committed to being a proportional participant if the owners want to make improvements to the dock, now or in the future and he will be involved in a proportional share of drainage improvements because there is no drainage there at all. Recent rain was nowhere near the 25 -year storm event. The development will take whatever drainage flowing down Lakeside Harbor Drive and retain it on Harbor Cay. Vice Mayor Katz had wanted the legal documents regarding the roadway. There was a judgement he submitted to Attorney Cherof to review. The document gives the rights to Harbor Cay to use Lakeside Harbor Drive. The judgement had to do with the rights of the road and use of the dock for all of the residents on Lakeside Harbor Drive. 16 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Harbor Cay will need to create its own HOA. If there is discussion to combine the HOA's, they can do so, but it is outside the purview of the meeting. The Department of Transportation (DOT) outfall is an inlet on Federal Highway and the Department is willing to allow them to use the inlet, but it must continue through the permitting process. Commissioner Romelus inquired if there was a way to address the entrance through the permitting process and noted there may also be a sidewalk. Mayor Grant asked about security. Mr. Miller indicated he met with the Police Department and reviewed security ideas during and after construction. Most of the security is fencing during construction and putting the equipment together at night. If needed, they could add lighting. Mayor Grant asked about the King Tide. Mr. Miller replied the response from the DOT about the inlet confirmed the DOT will allow for the outflow after a 25 -year, three- day storm event. He advised a King Tide is a high tide. The engineer's calculations evaluated high tide situations and the summation was there would be a .03 acre foot increase for the run off and a .03 foot maximum storage during a high tide. The design planned as part of the project could accommodate a minimal increase over the high tide. Mr. Miller advised the developer was seeking approval for the change of land use, zoning and the final approval of the site plan for the 18 units. The applicant reviewed the staff reports and agreed to the conditions of approval. Commissioner McCray asked who removed the gate. Mr. Miller did . not know. Commissioner McCray asked Legal about the information given to them regarding the roadway and the dock. Attorney Bridgeman explained it is a private property owner issue that was litigated amongst the property owners and the City should not get involved in private property matters. She recommended just voting on the site plan and what was submitted. Vice Mayor Katz asked if Mr. Miller's client did not have the ability to decide what could be done with the road and dock in the future, based on the legal judgement, and if he would have to seek input from the residents. Mr. Miller responded that was correct. The judgement does not take into account the site could be subdivided and conveyed to future owners. That was why Harbor Cay will have its own HOA. If all owners want to form a larger Lakeside Harbor Drive, they could do so. The City requirements and zoning would have to go through permitting and platting and the platting process requires the new development to have an HOA. Commissioner McCray asked if the developer would address the road to the dock. Mr. Miller explained his client offered to resurface the road to the dock as it provides a continuous look throughout the community. There was no guarantee to use the dock. Mayor Grant opened up public comments. 17 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Attorney Bridgeman administered an oath to all those intending to testify. Mr. Miller took the oath and swore his prior comments were true and correct. John Reingold, 631 Lakeside Harbor, explained he spent the last three weeks reading Florida Building and FEMA Codes. He announced he is not an attorney, but advised when someone purchases property, they purchase whatever judgements, liens, easements and rights are on the land. He feels the developer made attempts to speak to homeowners after he purchased the property, but he did not speak to all of the homeowners. He believed they only spoke to two homeowners. There were also two other people at the first meeting that did not own property in Lakeside Harbor. He noted there is an easement on the road, but there can be an overburden or an abuse on an easement. Mr. Reingold felt the project would not work because of that and further offered 16 U.S. Code 410kkk-4 indicates no governing body can be involved in private property. He announced he owns the gate with 11 other individuals. He did not want the gate or street touched and thought there was no distinction in the paperwork that separated the dock from Lakeside Harbor. Mr. Reingold understood there would be a HOA and inquired, hypothetically, what would occur if he decided he would be the Lakeside Harbor'HOA. He asked if the new Harbor Cay HOA had to join the Lakeside HOA and thought there would be issues if the rules of the different HOA's conflicted. He commented certain engineers spoke with residents and gave them advice about what to do with their property to better benefit Harbor Cay. He thought it was collusive. Engineers should not speak to anyone except their client. He contended the project does not work. He thought a true developer would conduct due diligence and he did not see due diligence done. He did not want a sidewalk in front of his home and emphasized unless his neighbors get together and they all decide to pave the road, the road cannot be paved. The developer owns the north side and the south side of Lakeside Harbor and can build anything they want, but they cannot touch the road. He thought the Commission should forget about the drainage issue as all of the pumps on Lakeside Harbor were running perfectly as of Sunday and they added another one. He advised his gate will not be moved and there was a reason the gate was removed, Todd Bertossi, 626 Lakeside Harbor, agreed with Mr. Reingold. The storm that came through last week flooded his home and it was a two-hour rainstorm. He asked how the developer could raise the elevation and create a retention area for the neighborhood. He did not understand the process and advised he and four of his neighbors objected to the project. The residents were content except for the flooding and he noted the area the area is a historical area with homes dating back to 1891. Mark Mahar, 618 Lakeside Harbor, heard the concerns from the neighbors and was concerned about the accuracy of what was presented and what was just stated. The inaccuracy he is hearing is if residents were invited to meetings the developer requested. The two homeowners who spoke prior to him indicated they are general contractors. Mr. Mahar informed the Commission he is also a licensed general contractor and they have knowledge of development, building, substrait requirements, soils, and foundations. In Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 order for a project to include drainage, they have to know about these Codes. Mr. Mahar noted Mr. Reingold had stated he was not in agreement, but he did not attend the meeting with the developer. He commented it is one thing to not want development, but everyone has the right to build. Mr. Mahar thought the development was a good project and it was good the developer wants to work with them. Mr. Mahar noted the positive aspects about the project. The developer was willing to improve the larger parcel. The developer could build 28 units, but are only building 18. The project is under the height limit. The project will add value to the neighborhood. The property is a historic site that has documentation dating back to the 1890's, but the homes are not historic. The developer has incorporated a drainage plan. The developer is required to build the project to meet all Codes and the FEMA Codes are stricter now than they were before. The location that is supposedly higher, currently floods down the street, but the developer was willing to contain the runoff on his site so it would not flood. He commented the developer is a willing participant to further improve the street with permission from the residents and the common owners have a say about the street and the dock. He thought whether there will be a future HOA or not had nothing to do with the issue. All of the neighbors have concerns about drainage. He thought the developer was doing the right thing. Mr: Mahar commented as to common ownership and the judgement, the residents are all part of making sure they all own 30 feet from Dixie Highway to the shore of Lake Worth. It includes the road, above and below the road, the gate and the dock. The actual street improvement between the 30 feet from Dixie Highway to where the rest of the neighborhood begins is what was referenced as being historic. The prior statement that four neighbors were opposed to the development was not true. He spoke to the other neighbors. He did not get that sense and those residents are not present. The other neighbors he spoke to supported the development. He has waited 18 years for something to occur. He encouraged and implored the neighbors who opposed the development to rethink their.position and get involved in the project. No one else coming forward, Mayor Grant closed Public Comment. Mayor Grant explained the conditions of approval are not binding on the property owners. He asked if one resident did not want the road improved and the others did, if the developer would resurface all of the road except for the section in front of the home of resident who did not want the road resurfaced. Mr. Miller responded if there are some that do not want the resurfacing to occur, it is their prerogative. It was an offer to improve the entire roadway. He thought if there are modifications that need to be made if full consent is not obtained, it should be part of the conditions of approval. Mayor Grant noted there are some homes that have sidewalks, and they are the only homes on the street with them due to the Codes in effect at the time of construction. Commissioner Romelus thought it made no sense to break up the road and only resurface portions. If the judgement indicates they would need approval of all 10 homeowners to 19 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 resurface the entire road, it would be an improvement. If others disagreed, then let it be. The applicant has offered to resurface the entire length of Lakeside Harbor Drive for the adjacent neighborhood. It is an offer, not a requirement. Mayor Grant did not want one person to stop everyone else and he again referenced there are homes with a sidewalk without connecting sidewalks. Ed Breese, Planning and Zoning Director, clarified the applicant is not proposing to build sidewalks beyond his property line, only to resurface to the road down to its terminus if the neighbors agree. No sidewalks would be constructed beyond his site. Commissioner McCray noted Mr. Reingold commented he owned the gate. Mr. Miller explained the gate has since been removed. The developer offered to improve the gate. There will be further discussions with the homeowners about what happens beyond the property line. In order to provide drainage, the site can be described as a bowl with a higher perimeter so the drainage will run down and collect in the basin. It includes part of the roadway on Lakeside Harbor Drive. The developer will need at least the owners on both sides of that portion. Mr. Mahar is the owner of the vacant lot on the'south side. The owner of the property on the north side attended the meeting and seemed to be in favor of the development. They will have to continue working with residents so the drainage would work properly. If the gate is rehung in its current condition, they can keep the original gate if wanted. Commissioner McCray advised he would support the project. Commissioner Romelus was perplexed why residents would turn down the opportunity to improve their community. Motion Commissioner Penserga moved to approve Ordinance 19-014. Commissioner McCray seconded the motion. Commissioner Romelus wanted it to be clear since certain homeowners have expressed their unwillingness to corporate, that the developer will resurface the roadway up to their property line and their abutting neighbors to the east for roadway improvements. The developer's offers of conditional improvements do not need to be met at this point if the developer cannot obtain agreement of all the homeowners on that road. Mr. Miller agreed and pointed out the developer can comply with how the conditions are written, the conditions of approval and can reconstruct the portion of the road they need to, but they will need those property owner's approval. The same would apply to the gate. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. 20 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Motion Commissioner Penserga moved to approve Ordinance 19-015. Commissioner McCray seconded the motion that unanimously passed. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. Motion Vice Mayor Katz moved to approve Item C with conditions as stated. Commissioner McCray seconded the motion that unanimously passed. D. Approve text amendments to the Comprehensive Plan, including: PROPOSED ORDINANCE NO. 19-012 - SECOND READING - Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (TBD upon return with State approval). PROPOSED ORDINANCE NO. 19-013 - SECOND READING - The Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated.(TBD upon return with State approval). 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Discuss Commission interest and authorize travel to National League of Cities City Summit in San Antonio, TX on November 20-23, 2019. Motion Vice Mayor Katz moved to approve authorization for travel for all who would like to attend. Commissioner McCray seconded the motion that unanimously passed. B. Mayor has requested the Commission discuss using comment cards. This is for all items and not just public comment. Three minutes to voice opinions does not apply to public hearing. 21 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Commissioner McCray noted the Commission has tried comment cards in the past. He did not support them. Mayor Grant explained the comment cards are not required. They. are optional. Ms. Oyer pointed out comment cards have not worked in the past. Attendees listen to the ongoing dialog back and forth and then want to speak. She thought the cards would restrict the public. (Commissioner Romelus left the dais at 9:02 p.m.) Ms. Oyer thought it was wrong and it was bad enough they had to use them at County Commission meetings. The City Commission is the most basic level of government and she thought the public had the right to speak. Mayor Grant explained the cards were optional. If someone wanted to speak on an item, the City Commission will obtain the speaker's name and address instead of the City Clerk having to guess at the spelling. He did not want to hinder anyone. If someone wants to speak, they come up during public audience to speak about an agenda item. Commissioner Penserga requested clarification on whether the cards were optional and to supplement; not replace. Mayor Grant responded affirmatively. No one is prohibited from speaking if they do not fill out a comment card. If they want something read into the record, they still have that option to speak. Commissioner McCray noted the City Clerk can always ask the speaker to repeat themselves. Ms. Oyer pointed out she did not get a chance to speak last time and no one noticed. (Commissioner Romelus returned at 9:04 p.m.) Commissioner McCray did not favor the comment cards. It treats adults as children and they failed three years ago. Mayor Grant contended it failed three years ago because it was required. He requested a trial run and asked for a motion to approve using the comment cards, not a public audience card, on a one-time basis at the next meeting. Motion Commissioner Penserga moved to approve. Vice Mayor Katz seconded the motion for discussion. Vice Mayor Katz pointed out the psychology in the prior Commission Chamber was all stood up and there was a line to speak formed against the wall and the acoustics were clear. In this room, when someone is finished speaking, someone else gets up and then the Mayor has to ask if anyone else wants to speak. He recommended as Mayor, he que everyone for public audience and line up along the wall. The same thing for Public 22 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Audience. Vice Chair Katz was not truly behind the cards, but he agreed to try it as a practice run. Commissioner Romelus thought the comment cards should be written in the rules attached to the agendas, that if someone wanted to speak on any item on the agenda, they should stand by the podium. The City does not have to operate the same way as the County. Mayor Grant advised he has been to a lot meetings that use comment cards. Vote The motion passed 4-1, (Commissioner McCray dissenting.) Commissioner Romelus commented after the trial, she would not support continuing using the cards. 12. LEGAL A. PROPOSED ORDINANCE 19-010 - SECOND READING - Amending Chapter 14 of the Code of Ordinances entitled "Motor Vehicles and Traffic" creating Section 14-13 entitled "Motorized Scooters". Attorney Bridgeman read Proposed Ordinance 19-010 by title only on second reading. Vice Mayor Katz commented the clarifications were made at the last meeting. The Ordinance prohibits the commercial enterprise of these devices. It would not prohibit residents from recreationally using scooters. Mayor Grant referenced section 14.A, which would prohibit the use, rental and parking of motorized scooters in the City. It does not restrict the business use. Vice Mayor Katz thought it needed to be strictly a prohibition of the commercial enterprise, not the individual, recreational use. Mayor Grant suggested language to read, "The purpose of this article is to prohibit the commercial use, rental and parking of motorized scooters in the City of Boynton Beach." Motion Commissioner McCray moved to table. Commissioner Romelus seconded the motion. Mayor Grant noted under Section 14-13, Motorized Scooters, Section A.1. would prohibit the commercial use and Section C would prohibit the commercial use and parking of a motorized scooter. Attorney Bridgeman commented a bill was recently passed regarding motorized scooters, which the Governor has not yet signed. Attorney Bridgeman commented there is a section in the Ordinance that would not prohibit the City Commission from exercising its authority to adopt ordinances governing the operation of micro -mobility devices such as scooters, but she may have to modify the Ordinance more to comply with the language in the Statute, in the event the Governor signs it. If the Governor signs the bill in the next two weeks, there may be additional modifications needed. 23 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 Vice Mayor Katz asked if the City would be restricted when the Governor signs the bill or if it had an effective date and learned it would become effective upon becoming law. Vote The motion passed 4-1, (Mayor Grant dissenting.) C. PROPOSED ORDINANCE NO. 19-016 - FIRST READING - Approve amending Part 2 of the City of Boynton Beach Code of Ordinances, Chapter 16, Section 16- 18 adding a definition of mooring and Section 16-60 Establishing hours of use at Harvey E. Oyer, Jr. Park., Item (d) to clarify non -permitted use. Attorney Bridgeman read Proposed Ordinance No 19-016 by title only on first reading. Motion Commissioner McCray moved to approve for discussion. Vice Mayor Katz seconded the motion. Mayor Grant explained the hours are not changing. The City was just adding the word "mooring" so it was clear park goers could not enter the park between 10 p.m. and dawn the next day. Commissioner McCray noted there are people that sit out on the water, and they bring their barges and sewage and dump it on City property. He thought it needed to be clarified. Wally Majors, Recreation and Parks Director, explained the hours are not changing for when people can come into the park. Staff is trying to address the concerns residents expressed about people tying their boats up to the park. The word storage was ambiguous so staff wanted to add the word "mooring" to the Ordinance, which specifically refers to tying a boat up to prevent it from floating away. Mayor Grant inquired what would occur if they moored .their boat to the Harvey Oyer Boat Ramp dock at 11 p.m. or wherever else they could moor the boat. Mr. Majors explained if someone was actively boating and fishing, they use the park 24 -hours a day, but individuals are not allowed to tie the boat to the dock and vacate the boat. If there is a complaint, it would be forwarded to the Police Department and they would be issued a civil citation which had a fine of about $85. Sergeant Phillip Hawkins, Boynton Beach Police Department, explained if the boat was moored, it would be similar to parking and the Police could tow the boat. Sergeant Hawkins advised there was a real problem at the boat park. It is a liability for the City and there are nefarious activities ongoing. The Police could either issue a citation or tow it. Mayor Grant suggested signage be used to let people know if they are moored overnight and not actively engaged in boating, fishing, or the vessel is not occupied, it will be towed. Mr. Majors explained most boaters are abide by the rules, but some break the rules. Vice Mayor Katz asked what type of nefarious activities were occurring and learned they were misdemeanors such as boating under the influence, but also stolen boats, drugs or illegal 24 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 immigrants. He noted the inlet has the quickest boat ramp around, and Boynton Beach is the closest to the Bahamas. Commissioner Romelus questioned what dictates whether the Police would fine or tow. Sergeant Hawkins explained the Officer can make the determination. 'if the boat was left for a 30 minutes and the Officer runs the registration and are preparing to call a tow, but the owners show up, the Officers can issue the citation and have them move their boat. If the tow gets there, the boat is towed. It was noted the boat cannot be there for more than 30 minutes at a time. If the Officer issues a citation and called for the tow, but the owners showed up before the tow arrived, they will just receive issue the citation. Mayor Grant asked for comments from the public. No one came forward. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. C. PROPOSED ORDINANCE NO. 19-017 - FIRST READING - Approval of Ordinance amending Section 14.3 regulating truck and other commercial use vehicle parking in residential neighborhoods. Attorney Bridgeman read Proposed Ordinance 19-017 by title only on first reading. Motion Commissioner McCray moved to approve for discussion. Commissioner Romelus seconded the motion. Commissioner .McCray asked if a definition for an 18 -wheeler was drafted. Mr. Groff advised they have to tweak the Ordinance to better clarify the regulations before the second reading. He commented the Ordinance addresses the issue the City was trying to address. It would not apply to recreational vehicles. Mr. Groff explained there are specific exemptions for those;, especially if they are on the owner's property. Vote Deputy City Clerk Nieves called the roll. The vote was 5-0. 13. FUTURE AGENDA ITEMS Commissioner Romelus wanted to ensure the City Commission receives the report for Margret Newton asking about the number of accidents that have occurred at the intersection she had referenced and for the Police to promulgate a plan of action. Sergeant Hawkins advised there were four accidents in the rolling year from May to May. The Police Department had taken speed measurements and he would get data together 401 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 and ensure the Commission receives it. Speed complaints had also been addressed. Mr. Groff explained all those streets would be address in the new traffic study, once the City develops a plan for the City on where to place stop signs. There will be changes to stop signs in residential areas. The study will be finished in the next month and a half. Staff will put together a plan in the Forest Park neighborhood and then use the plan in similar neighborhoods. A. Department to give brief presentation of their operations Fire - May 2019 Development - July 2019 Library - September 2019 B. Caler, Donten & Levine (city auditors) will present the Comprehensive Annual Financial Report for FY 2018. - May 21, 2019 C. Discussion of Elected Officials expense stipend - May 21, 2019 D. Representative Mike Caruso post -legislative update - June 4, 2019 E. Commission wants to discuss public safety as it relates to the Town Square Redevelopment — June 2019 F. Staff to review Development Department's plan review processes to identify efficiencies and technologies to assist with timely review of plans/projects - July 2019 G. Budget Workshops for 2019/20 proposed budget: Budget Workshops at Intracoastal Park Clubhouse; Monday, July 15, 2019 @ 5:00 P.M. Tuesday, July 16, 2019 @ 10:00 A.M. Wednesday, July 17, 2019 @ 2:00 P.M. H. The Mayor has requested a discussion of possible changes to Seacrest Corridor zoning and land use — TBD I. Staff to provide update on Town Square Project - May 21, 2019 26 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 7, 2019 14. ADJOURNMENT There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Romelus seconded the motion that unanimously passed. The meeting was adjourned at 9:26 p.m. ATTEST ueenester Nieves, Deputy City Clerk Catherine Cherry Minutes Specialist 27 CITY ,BOYNTON BEACH M or - Steffe ' Grant ommissioner - Mack McC Commissio r = Christina Romelus Comm i serga k DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS: Harbor Cay Townhomes (MSPM 19-003) Mr. Koba Koberidze, Managing Member, United Developers Group, LLC 5301 N Federal Hwy, Suite 380-11, Boca Raton, FL 33487 DATES OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 7, 2019 APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct 18 three-story townhome dwelling units consisting of five (5) buildings, and related site improvements, in the MU -1 (Mixed Use 1) zoning district. LOCATION OF PROPERTY: 605 Lakeside Harbor Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Apt HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: `J I o�-�I.J 2.0 9 �/ City Clerk S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\MSPM19-003\D0.doc The City of Boynton Beach DEVELOPMENTDEPARTMENT PLANNING & ZONING DIVISON 3301 Quantum Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 Exhibit "C" — CONDITIONS OF APPROVAL Project Name: Harbor Cay File number: MSPM 19-003 Reference: Plans P&Z Date Stamp 02/12/19 ENGINEERING / UTILITIES /.PUBLIC WORKS DEPARTMENT INCLUDE REJECT 1. This site will be required to store the 100 year 3 -day storm event. Revise N/ plans at time of permitting to comply with this condition. 2. It is anticipated that owners will attempt to park their vehicles outside their homes and obstruct the travel lanes. At time of permitting, submit ,f the COA by-laws which state parking of residents and their guest shall be inside the garage or in a designated parking space. 3. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit. 4. At time of permitting, cross-sections are required at each property line to determine the ability of the items to be built as located on the plan. 5. It appears there are some historical flows from the property to the south that shall be required to be addressed at time of permitting. 6. Residents shall be required in the COA by-laws to place the green trash bins on the sidewalk fronting the private road. 7. Water and sewer lines to be owned and operated by the City shall be included within 12 feet minimum utility easements in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.13.4. The easements shall be dedicated via separate instrument to the City as stated in the Code of Ordinances, Section 26-33(e). 8. All utility easements and utility lines shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, and Article I, Section 18.1 gives public utilities the authority to remove any trees that may interfere with utility services, either in utility easement or public rights-of-way. The City of Boynton Beach DEVELOPMENTDEPARTMENT PLANNING & ZONING DIVISON 3301 Quantum Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 Exhibit "C" — CONDITIONS OF APPROVAL Project Name: Harbor Cay File number: MSPM 19-003 Reference: Plans P&Z Date Stamp 02/12/19 PLANNING DEPARTMENT INCLUDE REJECT 9. Approval of this project is contingent upon the approval of the accompanying requests for land use amendment and rezoning (LUAR ,f 19-003). 10. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. 11. At time of permitting, submit a revised photometrics plan drawn to same scale as enlarged site plans (1" = 10') for legibility, and includes spot readings throughout the residential development, with no spot readings in excess of 5.9 footcandles for all site lighting including freestanding poles, all lighting fixtures on exterior of all buildings, and landscaping and signage uplighting. 12. At time of permitting, submit a revised photometrics plan that includes an elevation drawing of a typical freestanding outdoor lighting pole ,J (indicating height from grade to top). The typical drawing of the freestanding outdoor lighting poles must include the color and material, and the light fixture specifications. 13. At time of permitting, submit a revised photometrics plan that includes photos and specifications for all wall mounted light fixtures proposed. 14. At time of permitting, submit a revised photometrics plan that includes all of the following notes: • The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value. • A minimum average light level of one (1) foot candle shall be provided, with no more than 10% of the spot readings below one (1) foot candle and none below 'h foot candle. • Lighting shall not be of an intensity that produces glare on adjacent property. • Feature lighting emphasizing plants, trees, barriers, entrances, and exits is encouraged. • Indicate light fixture will provide lighting in the warm white range. 15. In order to ensure proper maintenance of the buffer areas, staff recommends converting them from private property to "buffer tracts" that would be common area owned and maintained by the Condominium Association. 16. Where there are no utility easements along the east side of the site abutting single-family residential zoning, a six (6) foot masonry buffer wall shall be required and shall comply with the design standards of the LDR. The City of Boynton Beach Exhibit "C" - CONDITIONS OF APPROVAL DEVELOPMENTDEPARTMENT PLANNING & ZONING DIVISON Project Name: Harbor Cay 3301 quantum Blvd. File number: MSPM 19-003 P.O. Box 310 Boynton Beach, Florida 33425-0310 Reference: Plans P&Z Date Stamp 02/12/19 TEL: 561-742-6260 17. Two (2) parking spaces are required for each townhouse unit, and a 2 - car garage is provided for each unit. To ensure sufficient parking remains, each garage shall be used only for parking, not storage or other purposes. The Harbor Cay Condominium Association shall incorporate this restriction into their bylaws. 18. No future modifications to patios, porches, or balconies (such as increase in size, enclosed, or screened) shall be allowed. This restriction should be included in the Condominium by-laws. 19. At time of permitting, ensure that the locations of all freestanding light poles are indicated on landscape plan and consistent with photometrics plan, and that they are not located too close to landscaping when it becomes mature. ,f 20. At time of permitting, submit a copy of the recorded by-laws of the Condominium Association. 21. At time of permitting, submit a revised approval from PBC Traffic Engineering with the corrected number of dwelling units (18). FIRE DEPARTMENT INCLUDE REJECT No comments. POLICE DEPARTMENT INCLUDE REJECT Previous comments addressed at DART. BUILDING DEPARTMENT INCLUDE REJECT Previous comments addressed at DART. CRA COMMENTS INCLUDE REJECT Previous comments addressed at DART. PLANNING AND DEVELOPMENT BOARD INCLUDE REJECT No additional conditions. CITY COMMISSION INCLUDE REJECT To be determined. The City of Boynton Beach DEVELOPMENTDEPARTMENT PLANNING & ZONING DIVISON 3301 Quantum Blvd. P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 Exhibit "C" — CONDITIONS OF APPROVAL Project Name: Harbor Cay File number: MSPM 19-003 Reference: Plans P&Z Date Stamp 02/12/19 ADDITIONAL REPRESENTATION / COMMITMENTS INCLUDE REJECT The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. The applicant has offered to: • Resurface the pavement for the entire length of Lakeside Harbour for the adjacent neighborhood. • Clean and reshape the east end of Lakeside Harbour to better 22 facilitate drainage flow. • Improve the existing gate and include a pedestrian gate. • Participate proportionately with other owners on improvements to the existing dock. • Participate proportionately with other owners on drainage improvements for the street. Any of the above commitments would require coordination with, and consent of, all adjacent property owners that share common interest in the infrastructure. ' BUIaVARYTABIE POR:' 0 w SCALE IN P.O.D. / n INLET HARBOR CLUB CONDO s 2T8.BS� mtma � ai------- aw aea. 77Hwm .a Lr LOCAE I qu NOT TO SCALE Od bi t�' g' I'• I' .I .' I' gym/ I. I ''I . I -J' w . A PORTION OF LOT . I Q y SAY BROWN JWS HYPCWXO SUBDINsoNLJ I' (P.B. 1: PG 81. P.S.GR.) W D 0 -- \g • �� I' , I I . .I t r .I' ' I '� , I- � �_ J � I. � I I I ... 7 L J . 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BOYNTON BEACH TIRE POST 343 r- CITY C)F- BOYNTON B6E A C H TF -M MW rBCITY OF OYNTON E A C H Benefits * Obtain practical, real-world career insight. ® Build self-confidence, leadership experience and problem solving skills. ® Provide community service to others. * Attain new career and personal skills: Space is limited. Applications are accepted on a rolling basis. Program begins Fall 2019. Learn more and apply online: Boynton-Beachogl /IEXPsorers BOYNTON BEACH Questions? Contact Greg Jackson, Lieutenant Boynton Beach Fire Rescue Phone: 561-309-8312 Email: Jackson G@bbfWs Iv* LOREy POST 34% For accommodation under the ADA, please call (561) 742-6649 or (TTY) 1-800-955-8771.