Minutes 08-20-19 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 20, 2019, AT 6:30 P.M.
PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:32 p.m. Invocation by Commissioner McCray Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Romelus indicated she had a citation she wanted heard under announcements. Mayor Grant asked for additional information regarding the citation. Mayor Grant stated the Commission does not have a citation protocol and he does not know the nexus between the recipient and the City of Boynton Beach. Commissioner Romelus stated there were family members in the audience and she did not want them to wait until New Business. Mayor Grant indicated the citation would be item E and the introduction of the Deputy Parks and Recreation Director as item F. 2. Adoption Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed.
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2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner McCray, Commissioner Romelus and Commissioner Penserga did not have any disclosures. Mayor Grant noted on August 7 th he attended the Lords Place for their grand opening of the new Mann Place; this local nonprofit received a $1M grant to renovate thirty residential units for men newly released from incarceration and homelessness. He attended the Community Caring Center seminar and learned about the Gig economy. On August 8th, he attended the YMCA summer day camp extravaganza. On August 14 th, he attended DJ Day and the Florida League of Mayor round table discussion in Orlando. August 15 th He attended the Florida League of Mayor business meeting and Florida league of Cities Transportation Intergovernmental relations meeting, which approved language regarding affordable homes and transportation funding. In addition, he attended the National League of Cities seminar, and REAL-Race, Equity and Leadership, building racial equity in the City. August 16th Mayor Grant attended a few other seminars including Smart City-What is your strategy. In General Session, he heard from Governor Desantis and Mark McQueen, Panama City, City Manager. Getting most from your of the lobbyist and improving the local economy. August 17th he attended the Gold Coast Breakfast. August 19th he attended Palm Beach Housing Authority meeting. It was determined the PBHA had some significant deficiencies and material weaknesses. The PBHA has a meeting scheduled on August 30th with the CRA and City staff to help build some public housing in Boynton Beach; also, he attended the Transportation Planning Agency transition steering committee meeting. August 20th he attended the Board of County Commission meeting there was a 4-3 vote for Palm Spring CRA. He met with the Director and Deputy Director of the Treasure Coast Regional Planning Council. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS. A. Present a Certificate of Achievement to three recent Career Online High School (COHS) graduates that earned their high school diplomas from the Library's online program. Post Session Update to be presented by Representative Mike Caruso. Mayor Grant presented a certificate of achievement to the recent online high school graduates. Jennie Taylor, Assistant Library director, congratulated the recipients and provided an overview of the requirements to get into the program. B. Valerie Mathieu, President and Founder of Chariots of Love, invites the City Commission and the public, to the Ezell Hester Jr. Community Center on August
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25th, at 12 noon, to celebrate the 99th and 100th recipients receiving their new wheelchairs. Debbie Major, ADA Coordinated introduced Valerie Mathieu Founder of Chariots of Love, also a member of the City inclusion support team. Valerie Mathieu, founders of Chariots of Love, which provides free wheelchairs for needy disable children under the age of 21. She explained these children might be uninsured, under-insured, Medicaid denied, or have not received the correct mobility equipment for their unique condition. Chariots of love will be presenting their 101 wheelchairs. C. Debbie Majors, ADA & Grants Coordinator, will introduce Lisa Pugliese, Founder & CEO of Love Serving Autism, who will announce the start of the Love Serving Autism Program at the City's Tennis Center, beginning on Saturday, September 7, from 10 A.M. - 11 A.M. Stephanie Soplop, Recreation and Assessment Specialist, provided Love Serving Autism’s mission statement. Debbie Mayor encouraged all to check out the movie Peanut Butter Falcon. A local resident Zack Gottsagen was being featured. D. Announced the following September 2019 meetings: September 3rd Commission Meeting moved to Thursday, September 5th at 6:30pm at Intracoastal Park Clubhouse to hold 1st Public Budget Workshop for FY 19/20 budget. Special Commission meeting on Tuesday, September 10, 2019 at 6:00pm at Intracoastal Park Clubhouse to adopt Final Fire Assessment for FY 19/20. This meeting will be held immediately before the CRA meeting. Regular Commission Meeting on Tuesday, September 17, 2019 at 6:30pm at Intracoastal Park Clubhouse. E. Citation for Lt. Raymond Cassagnol, the first Haitian man to attend training at the Tuskegee Army Air Field in Alabama and became a Tuskegee Airman. Mayor Grant pointed out there was not a policy in place regarding citations; he has given citation to those turning 100 years old or have a nexus to the City of Boynton Beach. Mayor Grant requested an explanation of why the citation was being given.
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The Commission had discussion regarding recommendation for Future Agenda items such as citations or proclamations. These items should be placed on the Future Agenda as well as noticed for the next meeting. Commissioner Romelus read the Citation and Mayor Grant presented to family members. F. Introduction of Casey Young, Assistant Recreation and Park Director. Lori LaVerriere, City Manager introduced Casey Young the new Assistant Recreation Director, and has a Master’s Degree in athletic administration, BS in sports administration, a certified Parks and Recreation Professional, and a member of National Parks and Recreation Association. Casey Young, Assistant Recreation Director, thanked all for the opportunity to be a part of the Boynton Beach family. Commissioner McCray welcomed Mr. Young and asked about the University he attended. Mr. Young responded he received his BS degree from Morgan State University, and Master Degree from Nova Southeastern. G. Proclamation for Women’s Equality Day Mayor Grant read the proclamation into the record. 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) Woodrow Haye, 427 NW 5 avenue, announced he would be running for District 2 Commission seat. Lynne Levertt, St. John Missionary Baptist Church wanted to acknowledge the donation from Commissioner McCray and presented a love gift to all on the dais. Commissioner McCray noted he was unable to attend the event. He heard only positive things. Austin Sekel, 9498 South Military, serves are the director of a grassroots group called the US term limits. The group support term limits at all levels. He stated he heard Boynton Beach was considering changing the term limits rule. Mr. Sekel stated he support term limits and fiscal policy.
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Dedra Clayton, 632 NW 5 street, implored the Commissione to remove the chicken and roosters. This is the City not the Country. She thanked everyone on the dais; she lives in a community where there are many retired people. Commissioner McCray requested to speak the Ms. Clayton regarding code issues. Mayor Grant agreed there should be something done about the roosters. Michael Shramko, 433 SW 2nd Ave, presented some photos of garbage on the streets and sidewalk in his area. The Code Enforcement department does nothing to clean up the area; the children must walk in the street because of the trash. Linda Millcarek, 438 SW 2nd Avenue, expressed her concern regarding garbage on the sidewalk. Her concerns were for the children being forced to walk into the street to get on the bus. Indicated she loves Boynton Beach, but she come home at night; she locks her door and does not go out again. East of I-95 we feel neglected. Mayor Grant stated he appreciate when citizens come out, staff would do whatever is needed to help. 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. Mayor Grant read the vacant openings. There were no applicants. B. Three City Commissioners will be traveling to the National League of Cities conference on Tuesday, November 19, 2019. This is a Commission meeting day. The Commission can either reschedule the meeting or cancel it. Monday, November 18, 2019 is a possibility. Mayor Grant stated the Commission could either reschedule the meeting or cancel it. Motion Commissioner McCray moved to cancel the November 19, 2019 Commission meeting. Vice Mayor Katz 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
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all of the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pull item C. Commissioner McCray pulled items A, D, G and I. A. PROPOSED RESOLUTION NO. R19-084 - Authorize the City Manager to sign an agreement utilizing BSO (Broward Sheriff's Office) agreement # 12-29077/JHJ with Express Radio for the purchase of Motorola products with an estimated annual expenditure of $50,000. Commissioner McCray requested clarification when the expenditure would end. Tim Howard Assistant City Manager replied this agreement allows the warehouse to purchase products for citywide use. Indicated Utilities is one of the main users with the low frequency radio system. The City has expended $38,000 as of August 2019. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. . B. PROPOSED RESOLUTION NO. R19-085 - Approve the First Amendment to the ILA between the City of Boynton Beach and Boynton Beach CRA for funding certain portions of the Sara Sims Park Improvements and amend the FY 2019-2020 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) as it relates to the amended ILA. C. 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 August 20, 2019- "Request for Extensions and/or Piggybacks." Matthew Forest, Lobbyist, Ballard Partners, explained this was a renewal of an existing contract. Mr. Forest pointed out this was the seventh session collaborating with the City of Boynton Beach. Provided information on the lobbying session. He has been successful in prior years with obtaining funds for the City. He was there to fight for home rule, there are about a 100 rules, which has been filed. Mr. Forrest stated he is a voice for the city of Boynton Beach. Mayor Grant asked about the session timelines. Mr. Forest responded the committee week would begin the week of September 16, 2019, two weeks in October, two committee weeks in November, and one in December. The
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session begins the second week in January 2020 and runs for 60 days. Indicted they would be done with the 2020 session by early March 2020.
Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. D. Approve an increase of $15,000 with PRIDE, for Tire-Recapping, utilizing the State of Florida Contract # 94131608-16-P. This will bring the total approved expenditure to $65,000. Commissioner McCray requested clarification on the cost of recapping also, what vehicles would use these recapped tires. Mr. Howard replied the recaps used mainly for the solid waste department vehicles. The City have spent $50,000 on tires. Commissioner McCray asked about the cost savings. Mr. Howard responded a new tire would cost $549 the cost of a recapped is $129. Commissioner McCray asked how often the tires needs replacement. Andrew Mack, Public Works Director, responded a tires replaced three time before a new tire must be purchased. He explained the recap tire has the same life span as a new tire.
Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. E. Approve Task Order UT-2C-04 with CDM Smith in the sum of $49,680 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C executed on August 22, 2018 for the Evaluation and update of the utility's 10-year water supply plan. F. Approve the addition of a vendor to Bid "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Bid # 029-1412-19/MFD. To add Southern Sewer to Lot # 10. G. Approve increase of Blanket Purchase Order PO # 190335 - Acct. # 401-2824-536-46-98 for $10,000 issued to Vincent and Sons Landscaping, Inc. for annual landscape maintenance for Utility Stormwater Ponds Landscape Maintenance Services. With the proposed increase, the new total will be $91,719. Commissioner McCray requested clarification, whether this was for the median landscaping.
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Joseph Paterniti, Utility Director, replied this contract was for the stormwater facility maintenance contract. This increase was for work not originally budgeted. Commissioner McCray asked if there were any other items not budgeted. Andrew Mack, Public Works Director, explained Venus is a Landscape maintenance contractor, which does landscape maintenance for Public Works as well as Utilities. The City terminated a contract with a landscaper and the work had to be reallocated to different vendors. Mr. Mack explained he would be coming to the commission in the next few weeks with an agenda item. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. H. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY18/19. I. Approve utilizing the National JPA Cooperative Contract No. 062117-JCS with Tropicars Golf and Utility Vehicles an authorized Jacobsen distributor for north-central Florida, for the purchase of (1) JacobsenTruckster XD Diesel 4WD; (2) Jacobsen ZT600 60" mowers; (1) Turfco Widespin 1550 Tow-behind Top Dresser; (1) Ryan HD 18" Sod Cutter; and (1) Lely Broadcast Spreader HR for a total purchase price of $52,928.20. Commissioner McCray inquired when the last time these vehicles were replaced. Ron Tapper Golf Club Manager responded that presently the City owns a residential mower. Provided a listing of equipment replaced or purchased. Mayor Grant noted he toured the warehouse where the items are stored, asked if the old parts are being discarded. Mr. Tapper replied some of the equipment replaced belongs to the Superintendent. He explained the old equipment would be jobbed out. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed.
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J. Approve the minutes from City Commission meeting held on August 6, 2019. Motion Commissioner Penserga moved to approve the remainder of the Consent Agenda. Commissioner McCray seconded the motion that unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-086 - Approve utilizing the City of Tamarac Contract # 19-12R for office supplies, awarded to Office Depot; with an estimated annual expenditure of $120,000 and authorize the City Manager to sign a piggy-back Agreement. . B. Approve the employee group medical insurance renewal and recommended employer subsidies for Fiscal Year 2019-2020 and authorize City Manager to execute any required documents. C. Approve Task Order UT-1A-02 with Carollo Engineering in the sum of $143,000 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on August 7, 2018. Services include the design, permitting and services during construction to implement electrical and standby power improvements to western wellfield, wells 4, 5, 7 and 8. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion that 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 ORDIANCE NO. 19-027 - FIRST READING - Approve proposed code language implementing Sustainable Development Standards recommended by the Climate Action Plan and CRA Redevelopment Plan (CDRV 19-005) - Amending the LAND DEVELOPMENT REGULATIONS: Chapter 4. Site Development Standards. Applicant: City-initiated. Attorney Cherof read Ordinance No. 19-027 into the record by title only on first reading.
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Commissioner McCray indicated the City need to be cognizant of what is going on in the world. Rebecca Harvey, Sustainably Coordinator noted the City has a sustainable development standards process. She stated development has its benefits, but overdevelopment has challenges. Noted more concrete means a hotter city. The City of Boynton Beach created a sustainability committee consisting of staff. The LDR’s were reviewed that addressed sustainability, such as lighting, urban heat island, environmental preservation, landscape design, transportation, parking, water conservation, and storm water management. The sustainable development standards includes applicability. The Exemptions would include interior renovations to existing buildings and structures. Construction of single family or duplex swelling unit on an individually platted lot within a single family or two family residential districts. Buildings exempt from local building permits or governmental review pursuant to State or Federal Statutes. Applicability of application for approval of new site plan modification by 500 square of more, exemption include exiting buildings. Ms. Harvey pointed out in 2030 an estimated 20% of new vehicles would be EVs. Florida will have 800,000 EVs and require 12,900 public charging stations. Palm Beach County EVs increased from 1,253 to 4,525. The cost of a level 2 equipment is approximately $800-$2,500, Installation $800-$4,000. Mr. Harvey provided options such as third-party ownership: free equipment, installation, maintenance, and signage. She expressed there are some companies which offer free equipment, then charge a fee to those who use their equipment. Sustainable Development Standards has a tiered Point System. There are deferent options, Energy, Recycling and waste Reduction, Water, Urban Nature, Transportation, and other. The total points in all categories are 127. Commissioner McCray asked how many Electric vehicles does the City own. Ms. Harvey responded one. Commissioner Penserga noted Ms. Harvey mentioned concrete and how it regulates the temperature. He inquired about flooding and different types of concrete helping to mitigate flooding. Ms. Harvey responded staff was looking into different types of pavements. There is a robust section, which addresses water conservation and stormwater management. She pointed out in the sustainable development options, there was the option for reuse water, Rain gardens (bio-swale or Bio-retention systems), rainwater reuse, permeable parking surfaces, permeable sidewalk surfaces, the City is actively learning about different types of concrete. Commissioner Penserga asked about the possibility for reduction of insurance premiums. Mr. Colin Groff, Assistant City Manager, responded the different types of concrete would affect storm water treatment on site. It provides more greenspace. It does not reduce flooding. He explained this was a big basin issue. There would not be a reduction in insurance premiums.
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Ms. Harvey pointed out the sustainable advisory team approved these categories. She stated over the past several months they provided input. Indicated there was passion on the sustainable advisory team and knowledge. Increasing the tree canopy and reducing heat island, increasing greenspace, and EV’s, including porous surfaces. The sustainable advisory team are a great resource of community input and support. Mayor Grant asked if this would be mandatory. Inquired if a developer build on more than a non-residential or 50 units of residential, then 25 points needed. Ms. Harvey responded as long as they meet the applicability criteria. Mayor Grant inquired it the single-family residential homes apply. Ms. Harvey responded single family, duplex, and minor site plan modification under 5000 square feet of addition would not meet the criteria. Mayor Grant stated this was a great thing for Boynton Beach for all the new development. Mayor Grant inquired of the City Attorney when this would take effect. Attorney Cherof indicated any new site plans, which come in after the adoption. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. City Clerk Gibson called the roll. Vote 5-0 9. CITY MANAGER’S REPORT A. Chief Gregory will discuss security as it relates to our Town Square project. Police Chief Gregory Town Square is a 16-acre site in downtown Boynton Beach, which will encompass City Hall and new library, residential and retail spaces, hotel, playground Amphitheater, Open spaces and parking garages, a Fire station. Chief Gregory provided some updates on critical public assets, structural design, lighting fencing, locks, environmental design, digital camera surveillance, automated license plate readers, emergency call boxes has two functions, the emergency call boxes send a message, creates a sense of comfort and safety. Commissioner Penserga inquired if the emergency call boxes were audio as well as video. Chief Gregory responded they were both. The video provides an overview of the area, looking for threats around the person, not the actually person. Chief Gregory indicated access control, security personnel were the key issues. Commitment to security strategy, which includes application of physical protection systems, includes the functions of deterrence, detection, delay and response. The best
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practices for physical security involves the use of multiple layers of interdependent systems such as physical barriers, digital camera surveillance and sensors, security staff, access control, lighting, environmental design, layered physical security includes concentric circles of protection such as perimeter fence, building exterior, department door, office doors. Good security requires a balanced approach, operational measures, electronic systems, and site and build features. A citywide security system key element homogenous security approach, into a single system. This was a citywide initiative. Ms. LaVerriere indicated these systems would reintegrated into the parks systems. Commissioner McCray indicated all parks should have a security system. Chief Gregory indicated intergradation for security measure and emergency responders, centralized management by the police department, distributed access and monitoring. Commissioner McCray asked how the police would deal with the homeless population. Chief Gregory responded he was looking at restructuring the downtown areas, as the building get off the ground, there would be an increase in security. There would be additional visibility of uniformed officers. The City staff would offer resources to the homeless population. Commissioner McCray indicated he did not want to forget about the rest of the City and only focusing on the Town Square property. Chief Gregory responded that all areas would be monitored. Commissioner Romelus thanked the Chief for the report. Chief Gregory stated there is a perception of fear and crime. Commissioner McCray indicated he was happy that the police station is where it is supposed to be. Mayor Grant thanked the Chief for the new standards of safety in Boynton Beach. B. Review and discussion of the attached staff report concerning options for the Sara Sims amphitheater. Ms. LaVerriere indicated at the last Commission meeting there was discussion/request to provide options for the Sara Sims amphitheaters or performance pavilion. Mayor Grant indicated no one has used this park, no one knows what will happen to the park. Indicated there was a lot of perception based on assumptions. He does not want to create problems for the future. The City could always add on to the park in the future. Vice Mayor Katz agreed with the Mayor Grant. He reviewed the back up from staff, which provided three quotes. Of the three proposals, one cost $30,000, the mid-range proposal was $100,000 and the highest was $1M. Vice Mayor Katz indicated between the CRA and City has spent $1.7M on Sara Sims Park. He explained no other park has received
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this much funding. This park was a jewel into the heart of Boynton. Many of the residents have spoken stating they did not want this to turn into an events space. This was exactly what was promised, plus the upgrade of the canopy and the performance pavilion. Last year $1.7M allocated to the park, we should look forward to the ribbon cutting and the opening the park. Vice Mayor Katz stated this park rehabilitation has been in the works for many years. Commission McCray echoed Vice Mayor Katz and Mayor Grant thoughts. The first thing, which needed was to open the park, and find out the usage of the park. Commissioner McCray stated the citizens are unaware what is allowed at the park, everyone must recognize Sara Sims Park is a passive park. Commissioner Romelus stated, no one has stated they want to give the park back, and the belittling of what people have said was unacceptable. The fact that individual have been asking for the amphitheater, all that was received was the pavilion. The residents were told they were going to receive the entire amphitheater. The residents are not content, the standard were disappointing. If expectation were set this would not be a problem. She felt this was offensive to the residents of the community. When individuals come out to speak against what is happening they are being ridiculed. She wanted to see what is possible and as time move forward and members of the local community come forth and present what they need the Commission must listen. Vice Mayor Katz indicated he stands by everything that he said. He means no offense to anyone. He is objective and to the point. He has faith in the Commissioner who represent District 2. Commissioner McCray pointed out once the park opens then a determination can be made as to what should be done. He will represents District 2, until March 2020. He felt offended by the remarks of the people. We are citizens of Boynton; this park was the entire city of Boynton Beach. Sara Sims is for the entire City of Boynton Beach Florida. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Mayor Grant to distribute $400.00 of his Community Support Funds to Dani's Dream Scholarship Fund. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. Stacy Smith thanked the City of Boynton Beach for supporting Dani’s Dream. Dani’s Dream provides targeted financial support to promising nursing students while advancing
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best practices in the nursing profession via the Danielle Dunkley RN Memorial Nursing Scholarship Fund. Our goal is to inspire and equip aspiring nursing students, from under-served communities, with the tools to succeed. 12. LEGAL - None A. PROPOSED ORDINANCE NO. 19-028 - FIRST READING - Approve amendments to Chapter 26 by adding a new "Article IX - Chilled Water." This Addition will provide for the operation of District Energy Plants that produce and supply chilled water for use by customers for the provision of centralized air conditioning management. Attorney Cherof read the proposed Ordinance No. 19-028 into the records on first reading by title only. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. Commissioner Romelus asked how many Chilled Water plants are in the State. Mr. Groff responded there are 100’s of Chilled Water Plants in the state, but there are only seven utilities owned by Public utilities. City Clerk Gibson called the roll. Vote 5-0 B. PROPOSED ORDINANCE NO. 19-022 - SECOND READING - Adopting amendments to the City's Land Development Regulations, Chapter 2, Article II, Section 4.F pursuant to the Voluntary Compliance and Conciliation Agreement with the Department of Housing and Urban Development (HUD). Attorney Cherof read the proposed Ordinance No. 19-022 into the records on second reading by title only. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. City Clerk Gibson called the roll.
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Vote 5-0 C. PROPOSED ORDINANCE NO. 19-023 - SECOND READING - Approve proposed amendments to the City's Code of Ordinances, Chapter 2, Administration, Section 2-24 - Non-Discrimination Policy for consistency with the City's administrative Non-Discrimination Policy pursuant to Resolution No. R19-071, which Commission approved on July 2, 2019. Attorney Cherof read the proposed Ordinance No. 19-023 into the records on second reading by title only. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. City Clerk Gibson called the roll. Vote 5-0 D. PROPOSED ORDINANCE NO. 19-024 - SECOND READING - Adopting amendments to the City's Land Development Regulations, Chapter 3. Zoning, Article IV, Section 3.B.2 clarifying the ability for an accessory use to be conducted outside a building within abutting road and canal rights-of-way. Attorney Cherof read the proposed Ordinance No. 19-024 into the records on second reading by title only. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. City Clerk Gibson called the roll. Vote 5-0 E. PROPOSED ORDINANCE NO. 19-025 - SECOND READING - Approving amendments to the Land Development Regulations, Chapter 2. Article I, Section 4. Expedited Development Review Program, inserting additional
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eligible projects and benefits, and eliminating redundant verbiage and requirements. Attorney Cherof read the proposed Ordinance No. 19-025 into the record on second reading by title only. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. Mayor Grant asked about the limitations on the expedited process on certain mixed-use sizes. Inquired if the City was retaining the 5-acre rule. Mike Rumpf, Development Director, responded the paragraph, which stated the minimum acreage has been eliminated. There must be a minimum of 10 acres to do a SMU Zoning District in the City of Boynton Beach Mayor Grant inquired if someone has a five acre, and was part of a 10-acre master plan, asked if that would qualify. Mr. Rumpf responded this was correct. City Clerk Gibson called the roll. Vote 5-0 F. PROPOSED ORDINANCE NO. 19-026 - SECOND READING - Approval of Ordinance modifying the original powers and responsibilities of the Quantum Park Overlay Dependent District but reserving the District's authority to manage outstanding debt. Attorney Cherof read the proposed Ordinance No. 19-026 into the record on second reading by title only. Attorney Cherof stated there are two Ordinance in the back up. There was one from first reading, there were discussion regarding the amendment, those amendments shown in green starting at line 58-96 of the revised Ordinance. Attorney Cherof pointed out the changes in the ordinances. Terms of office and the election by the landowners are deleted. If the Commission accepts these changes this needs to address when the motion approved. The next change is at line 203-207, which indicates the Mayor would be the chair of the board and the Vice Mayor would be the vice chair of the board. This would be resolved at the appointment of the Commission. A motion is needed. Attorney Cherof explained the revisions and pointed out the changes in the ordinance. Fees for service have been deleted, the Mayor would be the Chair and the Vice Mayor would be the Vice Chair. Changes have been stricken out. Underlined items are for added information. Noted there is a pending budget board meeting scheduled for August 27,
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2019 at 2pm. If the Ordinance adopted would become effective tonight, the Commission would become the Board. The Commission would need to conduct the scheduled budget meeting or reschedule the meeting and announce the meeting. Commissioner Romelus asked if the Commission would be adding an item on the agenda to address the Quantum Park Overlay Dependent District (QPODD). Attorney Cherof responded there would be another agenda line or call a separate meeting. Attorney Cherof pointed out line 117-120 is a provision regarding the supervisor of the board, were previously entitled to compensation, and has been deleted. Pointed out section 5, which begins at line 47, noted what was done in the amendment, from the effective date of the ordinance it shall be the sole purpose. He deleted the word “sole”. In addition, the purpose of the Quantum Park Overlay Dependent District would be to retire the outstanding debt of the District, transfer and dispose of any assets of real property interest to the City. Attorney Cherof noted if there were excess funds after all debts were paid those funds would rollover to the City to be used for activity for the Quantum Park Overlay Dependent District, until they are expended or re-budgeted. If the Commission wants to take over its activities now, the Commission would need to change section 5 of the ordinance. Attorney Cherof stated he believed there was discussion at the Quantum Park Overlay Dependent District meeting regarding any funds carried over would be redistributed or refunded to the property owners within the park. This would not give any funds to the City to inherit and to continue the maintenance obligation of the park. If the current board members sit through to conclude the budget, the commission would not have any control. There is a benefit for the Commission taking control of the board tonight by passing the ordinance as amended. Mayor Grant asked whatever they had was a recommendation. Attorney Cherof responded the concept was to wine down the activity of the Quantum Park Overlay Dependent District board, so there are not two levels of government operating within the Park. Staff has indicated they could take over the responsibilities maintenance responsibilities of the drainage system, ponds and parks and they could have lower cost Mayor Grant indicated this district would sunset 2020 September. Attorney Cherof responded the Quantum Park Overlay Dependent District is to sunset September 2020. His understanding was the debt could be retired as early as September 2019. Vice Mayor Katz, was in favor of taking over the Quantum Park Overlay Dependent District immediately and carrying out the intended plan of retiring the debt. This body acting as the new Quantum Park Overlay Dependent District board, and discussing a timeline for the ultimate fate of the district and the assessments. There were three issues regarding the district. The Lawsuit which most had been dealt with, the debt which could be retired as early as September 2019, and lastly the park. Vice Mayor Grant stated it was imperative that there be seed money for the Park and some maintenance fund for
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the park for a period. If the Commission dissolved the district outright the Eco Park, he believed would never be built. This park was promised to the homeowners for decades. The City has not put one penny into this park. If the Commission wine down the district in a responsible manner no money, need to be expended for the Eco Park. He believed this could be done based on reducing the current assessment, once the debt is paid to a more nominal amount per property owners for a limited amount of time, to put the money away for the Eco Park. The City would never find the money necessary for this park. The City cannot come up with $100,000. His recommendation was to take over the board tonight carry out their plans to retire the debt in approximately one month and as a board deliberate on the appropriate wind down period, accumulation of finances to seed the park. Mayor Grant asked if there needed to be a date for the sunset for the District. Attorney Cherof responded they could leave the date as stated September 30, 2020. The Commissioner could always come back and extend that date if needed by further amendment. In regards to the park, in the purpose section they may need additional language. The purpose is limited to retiring the outstanding debt, lowering the advolrem necessary to retire the debt. The Commission may want to add a provision and provide seed money for the park. One of the remaining functions of the district would be with dealing with the park planning, development and maintenance. Vice Mayor Katz wanted to make that recommendation if that was the will of the board. Commissioner Romelus stated she was ambivalent about adding that discretion, the resident of that area, if they so choose to have a levy raised for funding the park, they can express that. She believed the City should give the residents the courtesy of seeing where they stand on this issue. At this point, they know what the tax or levy is for, they were not notified that this levy would be for a park. The City has a duty to inform the residents the levy or tax would be for the park. Commissioner McCray responded from the inception of the Quantum Park Overlay Dependent District, the residents were aware of the Eco Park and the City has promised this park and the City needs to deliver. Commissioner Penserga stated the residents are aware of the Eco Park; this park has been in the works for some time. He was in support of the Vice Mayor and added when the time come to determine whether to continue to levy those taxes for the Eco Park that conversation would be had with the residents of the Quantum Park Overlay Dependent District. Vice Mayor Katz responded he has attended the Quantum Park Overlay Dependent District meetings and the Property Owners Association meetings throughout the past three years. The park has been promise since the inception. He indicated he has no problem once they get to the point, to notice the residents. The residents are well aware of the Park.
Meeting Minutes City Commission Boynton Beach, Florida August 20, 2019
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Commissioner Penserga asked if there were any assets after the debts have been satisfied the City could dispose of for a profit and reimburse to compensate the residents. Mr. Groff replied this question was asked by the QPODD board. The only assets, which are left, are the storm water and the remaining Sandy Pines preserves, which is required under the regulations. The other preserve has already been disposed. There is no land assets of any value. Mr. Groff noted the value is the open and green space. Commissioner Penserga asked about compensation. Ms. LaVerriere pointed out this would cost the City money. Mayor Grant replied the Eco Park was always part of the QPODD. We need to have the conversation about having the park included in the ordinance and a date certain. The assessment has an end date; he would like to have it at September 30, 2022. The residents would know that they would not be taxes after this date. Vice Mayor Katz agreed, if the direction was to wine down the fees and get some seed money, this would allow the flexibility to reduce the period for sunset. Mayor Grant asked if there needed to be a motion to amend. Attorney Cherof indicated a motion to adopt on second reading as amendment with the inclusion in the in section 5 of the language, the duty to take action for the future development and maintenance of park area. On line 51-52, the authority of the board would be to take necessary action to fully sunset the district on a date on or before September 30, 2022. Motion Vice Mayor Katz moved to approve the ordinance as amended. Commissioner Penserga seconded the motion that unanimously passed. Mayor Grant opened to Public Comment. Charles Geragi, 2400 High ridge Road, represents the Property Owners Association, He requested to shut down the QPODD. He inquired who voted for the park. Vice Mayor Katz stated the QPODD has spent a large sum of money for plans regarding the park. That land is earmarked for a park. Mr. Gerragi stated he had spoken to residents of Parkside and Canterbury. He noted there were many residents, which did not want the park, he explained many of the residents were retired and preferred the extra money. Please do not force residents to accept the park. He asked for a referendum regarding the park.
Meeting Minutes City Commission Boynton Beach, Florida August 20, 2019
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Attorney Cherof indicated the subject matter before the Commission was not the assessment. The City Commission until they take action on the ordinance has no authority over the budget or the activities of the plans of the district. Mayor Grant pointed out the determination was to remove the current board of directors of Quantum Board of Director and place the Commission as the Board. Mr. Gerragi stated the Commission wants to sunset the QPODD in 2022. Mayor Grant replied the Commission has the ability to do so. Mayor Grant noted Mr. Gerragi was the only person in attendance tonight. There have been multiple speakers over the years in favor of the park. Mr. Gerragi asked if it would to helpful to invite the current QPODD directors to the meeting, so that you could hear what they have to say. The people within their community duly elected the current directors. Mayor Grant asked how these directors were elected. Mr. Gerragi replied it was a declaratory action, which states one vote per acre. Attorney Cherof indicated the concept with allows each individual property owner within condominium units and the like was rejected as part of the settlement, which is commonly, referred to as the voting rights accounts. Mayor Grant state the Commission represent the residents and the Businesses. We give one vote per person not one vote per acre. Mr. Gerragi believes the Commission should listen to the current board and get a full understanding of the history of the Eco Park. He continued to say, at least go out to the public, get a referendum, and get a vote. Ask the public if they want a park. Mr. Gerragi asked when the last time the people of this district were polled. Mayor Grant indicated they do not have an answer. Vice Mayor Katz stated the Commission was an elected body who represent residents and does not engage in direct democracy on every decision. They will consult the Quantum Park Overlay Dependent District current directors, when this body becomes the board. He explained this was a promise; this would be travesty if the City deny the intended purpose of the land. Mr. Gerragi asked how long ago has it been since anyone spoke with the residents. Commissioner Romelus noted as a point of clarification, were the assessment intended for the Park. Attorney Cherof responded he did not know the answer. Mr. Gerragi responded no, the assessment was to receive higher level of services for the community. Commissioner Romelus pointed out as Mr. Gerragi stated the assessment was not for the park. She was not in disagreement with the park, she would prefer to have an open line of communication and if the residence agree with continuing with the assessment, then proceed with the assessments.
Meeting Minutes City Commission Boynton Beach, Florida August 20, 2019
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Commissioner Penserga pointed out if the commission was the board; The City needs to gauge what the current sentiment are of the current residents. The City need to have community input meeting. Mr. Gerragi stated QPODD has an outstanding FEMA claim. Attorney Cherof indicated not to discuss the claim. Mr. Gerragi stated he would suggest polling the board, it has been 9 years, and this was the sentiment of the community at that time. Vice Mayor Katz stated if anyone in this room, listened to a resident of Parkside, and cite the original intent of that land. If they are speaking about the original intent of the entire ordinance, there was never supposed to be the residential, commercial, it was supposed to be entirely industrial. We have not polled the residents on a single issue for the past three plus years, because there has not been a ballot question; it is a fact the park has been planned. The original Quantum Park Overlay District has been deviated, and to deny it was an attempt deny the rights of the residents. The Quantum Park Overlay Dependent District board has voted on this item many times. The Commission would become the Quantum Park Overlay Dependent District board if this ordinance passes. He noted the Commission was voting tonight for the Commission to become the board. Vice Mayor Katz noted there have been charrettes in the past regarding the Eco Park. Commissioner McCray was in agreement with Vice Mayor Katz, indicated they have always, spoke about the Eco Park. Commissioner McCray pointed out originally this area was planned for an industrial park. This is not new and he was aware of the history. Commissioner Romelus stated she wanted to see proof. If the original assessment included the building of the park, she would like to hear from the residents. She would like to say they listened to residents. She stated she was not opposed to the ending QPODD, she was opposed to the amendment to continue to assessments. Commissioner Penserga stated it was not clear that assessment must continue. He wants to move forward. The first step was gaining control, pay the outstanding debt. He said as much as he wants the park, right now it was not certain the assessments must continue. Commissioner Romelus requested clarification of the amendment. Attorney Cherof responded the amendment as stated is the second ordinance, which was as provided in the agenda package, the changes were in addition to what shown to section 5 to add the clause and to the powers to take actions as required with regard to future development of the park and the date in line 52, change from September 30, 2020 to September 30, 2022. Commissioner Romelus inquired if this does not include anything about the park or continuing to assessments for purposes of building the park.
Meeting Minutes City Commission Boynton Beach, Florida August 20, 2019
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Attorney Cherof replied the issues regarding what happens to the park and what is done could be taken up at a future Commission meeting. This was only to transfer the authority of the board to the members of the City Commission. As the board with the Commission acting as the board in the future, including the adoption of the budget, which would provide the vehicle for the property owners to provide their input. Motion Vice Mayor Katz motion to approve the ordinance as amend the ordinance as stated from date and, transfer from Quantum Park Overlay Dependent District to the City. Commissioner Penserga seconded motion. City Clerk Gibson called the roll. Vote 5-0 G. Request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: OLEN PROPERTIES CORP. SECURED HOLDINGS INC, QUANTUM LAKE VILLAS II CORP., ET AL, Plaintiff, vs. CANTERBURY AT QUANTUM VILLAGE, PARKSIDE TOWNHOMES, BOYNTON BEACH FLOWERS, ET AL, Defendants – Palm Beach County Circuit Court Case No. 502013CA007694XXXXMB Approve the request of Mayor Grant to distribute $400.00 of his Community Support Funds to Dani's Dream Scholarship Fund. Attorney Cherof requested a private attorney-client session to discuss pending litigation. Attorney Cherof indicated the court has established date for the next status conference in this litigation. Motion Commissioner Romelus moved to approve Attorney Client session before the Commission meeting October 1, 2019 at 5:30 pm. Commissioner Penserga seconded the motion that unanimously passed. Mayor Grant wanted to place some items on Future agenda. Workforce Housing Ordinance. He indicated there was a Master Plan modification from Boynton Beach Mall, and was not in the Workforce Housing Ordinance. He wants to have the Sara Sims events restrictions reviewed. He received some resolutions from Miami Beach and he would like to bring to the board for review. FPL notified the City they are installing underground wiring. He pointed out he learned at the Florida League of Cities seminar that certain cities use what FPL was going to spend as a credit so that the City could do more. He would like to have a discussion regarding underground wires. Based on Attorney Cherof he can wait until October.
Meeting Minutes City Commission Boynton Beach, Florida August 20, 2019
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Vice Mayor Katz requested additional information regarding the resolutions from Miami Beach. Mayor Grant responded two were regarding the environment and electricity and the other was on reproductive health care. Mayor Grant noted he would like to have this as a process. Any items should go onto the Future Agenda; staff could review and make recommendations. Vice Mayor Katz asked if there was a mechanism in place to review resolutions prior to placement on the agenda. Asked if the Mayor could provide a copy of the resolutions. Mayor Grant asked if that would violate the Florida Sunshine rule. Attorney Cherof indicated the Mayor could distribute to the commission by hardcopy of email, the Commission was urged not to respond. He could inquire at the next meeting whether to place on the agenda. Vice Mayor Katz stated whatever the Boynton Beach Mall has submitted if the City were to do anything to the Workforce Housing Ordinance, would the Boynton Beach Mall be grandfathered in under the existing language. Attorney Cherof responded yes. Mayor Grant inquired if any site plan approved after any Master Plan. Attorney Cherof stated if the City change the Code revision during permit pendency, the permit would be grandfathered in. Mayor Grant asked if they wanted to be part of the new Workforce housing for increased density and height, if this was something, which they could do. Attorney Cherof indicated this was correct. Ms. LaVerriere indicated she would bring back a use policy to the Commission. 13. FUTURE AGENDA ITEMS A. Amendment to DROP provisions in City's three pension plans (Ordinance) - September 5, 2019 B. Staff will present some options for use of our innovation space at the new city hall (1600 sf). September 5, 2019
C. Staff to present updated Social Media Policy - September 17, 2019. D. Department to give brief presentation of their operations Library- September 2019 E. Quarterly Census updates by Laura Lansburgh, Marketing Manager: September 17, 2019 December 17, 2019 March 17, 2020 14. ADJOURNMENT
Meeting Minutes
City Commission
Boynton Beach, Florida August 20, 2019
Romelus
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- - -rya •t ;
Deputy City Clerk
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