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Minutes 10-15-19 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 15, 2019, AT 5:30 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Justin Katz, Vice Mayor Lori LaVerriere, City Manager Mack McCray, Commissioner James Cherof, City Attorney Ty Penserga, Commissioner Crystal Gibson, City Clerk ABSENT: Steven B. Grant, Mayor Christina L. Romelus, Commissioner 1. OPENINGS Call to Order— Vice Mayor Justin Katz Vice Mayor Katz called the meeting to order at 5:34 p.m. Roll Call City Clerk Gibson called the roll. A quorum was present for the Closed-Door Session. Attorney Cherof announced the below case. Those attending the Closed-Door Session included the City Commissioners, City Manager, City Attorney, Tracey DeCarlo, Assistant City Attorney, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Cherof noted should a Commissioner who was not currently present arrive during the Closed-Door Session, it will be reflected when the meeting reconvened. CLOSED DOOR SESSION held on October 15, 2019 at 5:30 p.m. for a private attorney client session to discuss pending litigation in the case of: DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants — Palm Beach County Circuit Court Case No. 50 2017 CA 010537 The meeting recessed at 5:38 p.m. A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Attorney Cherof announced Mayor Grant arrived at the Closed-Door Session at 5:40 p.m. Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Invocation by Minister Woodrow Hay, St. John Missionary Baptist Church. Minister Hay gave the invocation followed by a Moment of Silence for the passing of Assistant City Manager, Timothy Howard. Pledge of Allegiance to the Flag led by Mayor Grant. The Commission recited the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested adding to the beginning of Announcements, an Informational Notice from Utilities regarding the precautionary Boil Water notice issued this past week. He then requested the addition of two events: the renaming of the VFW and the Boynton Cares event next month, at the end of Announcements. 2. Adoption Motion Vice Mayor Katz moved to approve the agenda as amended. Commissioner McCray seconded the motion. The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission. Vice Mayor Katz had no disclosures. He offered condolences to Tim Howard's family and friends, and commented Mr. Howard was a true professional who did his job extremely well. Commissioner McCray had no disclosures. He also offered condolences to the Howard family and had worked with him longer than anyone. He was a gifted person with great knowledge in the field of finance and a great Assistant City Manager. He commented he was praying with and for City Manager Lori LaVerriere and staff to see them through. Commissioner Penserga had no disclosures, but he expressed his heart is with the family and colleagues of Mr. Howard. He did not know him long, but recognized, through his interactions with him, he was a good and decent person. 2 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Mayor Grant noted on October 2nd he attended the Topping Off party. He advised Ms. LaVerriere showed Mr. Howard photos of the beam, which made Mr. Howard smile. Mayor Grant conveyed he met Mr. Howard when he served on the Financial Advisory Committee and it was always nice to know someone who knew all the rules. On October 5th, Mayor Grant attended the tree giveaway sponsored by Community Greening, who gave away over 200 trees. He noted the majority of the trees given away were in Boynton Beach. He attended a Troop 395 Scouting session which gave the scouts an opportunity to speak with an elected official. He attended a Circles interview at Pathways to Prosperity. He hoped all had an easy fast for Yom Kippur. On October 10th he was at Ocean Avenue for the installation of the new Avenue of the Arts pieces. On October 11th he met with members of Brightline regarding improved railway safety. He met with the Mayors of Boca Raton and Delray Beach. On October 12th, he attended the FAU game where the City of Boynton Beach was recognized. Before this meeting, he attended a ground breaking for the Bible Church of God Banks Living Legacy Community Gardens working with University of Florida extension at Mounts Botanical Gardens. 2. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Update on the Water Department Precautionary Boil Water Notice Colin Groff, Assistant City Manager, indicated on Tuesday the Utility Department conducted a full load test of a generator and the generator was switched off after a successful test. When staff attempted to revert the power at the plant back to FPL, a large breaker malfunctioned. Staff spent two minutes trying to reset the breaker by hand, but was unable to do so. Staff immediately notified the other plant operators to turn on pumps to maintain pressure and spent about 10 minutes doing so, but was unaware the pressure dropped and the City began to receive complaints. Staff checked the data and determined there were five or six points within the system, where the pressure dropped below 20 PSI. Standard operating procedures were followed and at about 2:30 p.m., it was determined there was a pressure drop in the system. The City operates under a State of Florida permit. One permit requirement, if the Utility believes there is any inclination of a problem with the system, was to issue a Boil Water Notice after approval by the Department of Health as the Health Department is responsible for overseeing these types of incidents. The Health Department, in collaboration with the City, determined, out of an abundance of caution, to issue a system- wide advisory notice. The law does not require the City to do this, but the City opted to be transparent and inform all the citizens about what happened. The Statute offers three options to provide information to the public: Door hangers, by telephone, and Reverse 911 calls. The City opted to issue a press release and sent it to 24 agencies, which impact Boynton Beach. The press release was publicized immediately and the City of Boynton Beach used all of its social media websites to post the information. Mr. Groff emphasized this was a precautionary notice which was not legally required. 3 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 The City experienced a low water pressure issue. Mr. Groff read the following rule into the record: "A drop in water pressure in a water distribution system is a signal of the existence of conditions which could allow contamination into the system through a backflow device." Mr. Groff again stated this was precautionary notice, which was not required unless certain conditions were met. The City did not meet those conditions, but was close. Staff took 105 samples to check for naturally occurring bacteria levels, which requires 24 hours. The notice also requested all notify others who may not have access to the media. There was no contamination anywhere in the system. The media was contacted because it has a larger impact. Mayor Grant stated staff was able to send an email when the water notice was rescinded and suggested the next time, sending the press release to the email list. Mr. Groff responded this was an oversight. They also used the Next Door app, which has about 9,000 customers. Mr. Groff explained the email list will be incorporated into the department's standard operating procedures. Commissioner McCray stated he was glad the City has guidelines and inquired if at any time, the life of any citizen or pets was in danger. Mr. Groff responded they were not. Commissioner Penserga commended staff noting there were discussions about innovations the City was working on to get the word out faster. Mr. Groff stated staff is beta testing an application called My Civic. Citizens can download the application and sign up, which is a great way to communicate instantaneously with the citizens and vice versa. This application would also be good for hurricanes and other important issues. The City uses opt in options. Vice Mayor Katz commented it was an emergency and the expectation of a flawless perfect response was not realistic. Given the fact it was precautionary, he approved that staff may have upset people as a precaution to get the information out. Ms. LaVerriere explained the City is building a distribution list of all the businesses from the Business Tax Receipts B. Announce the new solo exhibit by Cecilia Lueza installed on Avenue of the Arts called "Color Effects". Debbie Coles-Dobay, Public Art Manager, announced the new Avenue of the Arts exhibition, by Cecilia Lueza, selected by the Arts Commission. The exhibit consists of five colorful sculptures on East Ocean Avenue in downtown Boynton Beach. The artwork promotes community values and transforms the streetscapes in East Boynton. The Avenue of the Arts attracts visitors to the downtown, which increases cultural tourism, economic development and job creation. Last week's installation resulted in positive public relations for the City from local newspapers and television. In addition to the exhibit and the marketing program, staff is also working with the Cultural Council of Palm Beach 4 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 County and Discover the Pam Beaches to promote the exhibit as a cultural destination, also highlighting the Town Square. (Commissioner Romelus arrived at 6:56 p.m.) Ms. Coles—Dobay stated citizens can sign up and take monthly volunteer docent led tours, which include free promotional area business opportunities. They can also take a self- guided tour with the Otocast app, which connects the piece to the artist who talks about the art. Tours are available by visiting BoyntonBeachArts.org or by picking up a brochure, which will be going out to print tomorrow. The brochures would be distributed in different City facilities and businesses. C. Announcement by Police Chief Gregory about the Department's Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. Michael Gregory, Police Chief, spoke about the accreditation process, noting schools, universities and hospitals have standard operating procedures and are required to maintain accreditations. In 1993, a law was enacted requiring the Florida Sheriff's Association and the Florida Police Chief's Association to create a statewide voluntary law enforcement accreditation program. Standards were developed and accepted for the Florida Law Enforcement community and the Commission for Florida Law Enforcement. CFA is the premiere state law enforcement accreditation program in the US. CFA has four chiefs, four sheriffs and one representative from the Florida State Law Enforcement Chiefs Association, The Association of Counties, the League of Cities, the Florida Supreme Court and the Chief Inspector General's Office. The Commission meets three times a year to oversee the accreditation program and accredit the agencies that have met and passed the review process. Chief Gregory announced on October 2, The Police Department was recognized as an Excelsior Agency, which is the highest honor that can be achieved by a professional accrediting body. The department received an in-depth outside examination of all procedures from 2016 to 2019, including audits and inspections to ensure practices are consistent with policies, and observed personnel. The Assessment team described personnel as knowledgeable, courteous and engaged and were also impressed with the Department's work with youth in the community, internal and external engagement efforts, the Department's social media presence, branding and messaging, and the Police Training Officer selection process. The Agency must demonstrate a commitment to the accreditation process for a minimum of five three-year cycles and demonstrate excellence in how it performs against 237 benchmarks. He acknowledged Sergeant Christine Nulty and Detective Holly Picciano for their efforts organizing and cataloguing the Department's compliance, their input on policies, their development and efforts to align their policies with the Department's training and their Commanding Officer, Captain Maurice Spates. Chief Gregory commented it is a huge undertaking to be accredited every three years and even more so, while working out of a warehouse. The requirements for booking cells, 5 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 holding areas, evidence and others items all had to be met in a challenging temporary facility. He presented Sergeant Nulty and Detective Picciano with a Department Commendation. He announced the Department is one of only 56 Police Agencies out of 390 in Florida to achieve this honor. Sergeant Nulty and Detective Picciano introduced themselves. Commissioner McCray congratulated Chief Gregory for stepping to the helm as safety is a first priority for citizens. D. Receive a $30,000 donation from the Realtors Association of the Palm Beaches and Greater Ft. Lauderdale for the enhancement of the area around the eastern pond at Barrier Free Park. Wally Majors, Recreation and Parks Director, asked Jeffrey Levine, President of the Realtors Association of the Palm Beaches and Ft Lauderdale, to join him and explained when the Department began their partnership with the Realtors Association seven years ago, they did not anticipate the relationship would continue. He was excited the Realtors Association was continuing to support the Barrier Free Park especially at this level. He was very proud of them and considers them to be very good friends of the Department. Mr. Jeffrey Levine, 2019 President, introduced President Elect, Jaren Low; Southern Palm Beach County Regional Vice President, JD McClintock; and Northern Palm Beach County Regional Vice President, Jonathan Dolphus. Mr. Levine explained the Association has partnered with the Recreation and Parks Department for the Barrier Free Park for nearly a decade and they are proud to have witnessed its continued growth and progress. Realtors are advocates for their communities and they help build and shape neighborhoods. On behalf of the Association, they were honored to be present to present a check for $30K for the final phase of the Barrier Free Park. Mr. Majors announced the 8th Annual Run/Walk to benefit the Park will be held the first Saturday in February. Commissioner Penserga thanked them and asked how they got involved with Boynton Beach and learned, years ago, Danielle Ballan, a communication director had taken on this program with the Association. Commissioner McCray noted the park was initiated by former Commissioner Bob Ensler before he passed. The Park is in his District. Mr. Levine advised the Association will continue to be involved in the park. E. Proclaim October 13-19, 2019 as Mediation Week in the City of Boynton Beach. Mayor Grant read the proclamation declaring October 13-19 as Mediation Week. No one was present to accept the Proclamation. F. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. 6 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Mayor Grant read the proclamation declaring the month of October as National Arts and Humanities Month. Present+.o accept the Proclamation was Marcia Levine, Vice Chair of the Arts Commission. She thanked the Mayor and the Commission. G. Proclaim October 15, 2019 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and also, to gain recognition of the white cane as the symbol of that independence and that self- reliance. Ted Goodenough, Assistant ADA Coordinator will accept the Proclamation from the Mayor. Mayor Grant read the proclamation declaring October 14, 2019, as White Cane Safety Day. Present to accept the Proclamation was Ted Goodenough, Assistant ADA Coordinator. Mr. Goodenough explained why it is so important to pay attention to individuals with white canes and he conveyed what it is like trying to cross a street. The person has their white cane and everyone is driving by. There is noise all around and no way of safely getting across the Street. He advised Florida Statute 316.1301 states the failure of motorists who do not yield the right of way to a person with a white cane or a guide dog, results in a $250 fine, three points on one's license and up to 100 hours of community service. On a personal note, Mr. Goodenough commented before he got his guide dog Rosie, he used his cane. He was on a sidewalk going to catch the train to go to work and it was raining. A driver had stopped in a self-serve car wash to change his windshield wiper and then pulled out and hit him in his SUV. Mr. Goodenough was not seriously injured, but did not want to take the chance of getting hit on the sidewalk again while using a white cane. He stayed in the house for about two years as a shut-in, working from home and then he decided he had to go out. He got Rosie and he is now back out. Mr. Goodenough explained he advocates for service animals and tries to help people understand what it means when they see a white cane, and expressed his pride to be an employee of the best City he has ever seen. H. Mayor Stephen B. Grant to proclaim October 2019, as National Disability Employment Awareness Month. Tricia Williams, Area Director for Best Buddies and Dr. Elsa DeGoias, Disability Services Manager at Career Source, will accept the proclamation. Mayor Grant read the proclamation declaring the month of October 2019 as National Disability Employment Awareness Month. Dr. Elsa DeGoias thanked the Mayor and Commission and commented she lives in Boynton Beach and it is the best town. She advised disability services is crucial to continue as it makes a difference in people's lives for awareness and education. 7 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Tricia Williams, Area Director for Best Buddies, thanked the Commission on behalf of Best Buddies International. A Best Buddy from Boynton Beach, Ryan Hoffman, was present and advised the organization is a global volunteer movement for people with intellectual disabilities to have one-to-one friendships, leadership development and jobs. He was diagnosed has autism at three and had a speech impediment. He used tools he learned in school and at home and his parents were supportive throughout his life. He overcame challenges by changing and stepping out of his comfort zone. In high school he got picked on. It was uncomfortable and he felt like he did not belong. He discovered Best Buddies in college, which helped him become more involved than ever before. He is involved in the Best Buddy Young Leaders Counsellor program to keep the mission going. He is a Buddy Director at FAU and an ambassador in Palm Beach County. He started his new job at a law firm in Deerfield Beach as a marketing coordinator using social media. He thanked Best Buddies and the law firm for having him and looked forward to the future with his job. I. Announce the Climate Action Workshop for public input into the City's 2020 Climate Action Plan, by Rebecca Harvey, Sustainability Coordinator. Rebeca Harvey, Sustainability Coordinator, announced the City is hosting a workshop on Tuesday, October 29th, from 6:30 p.m. to 8 p.m. at the Senior Center. The purpose is to engage the community in the development of the City's 2020 Climate Action Plan through open discussion about how government can work to reduce carbon footprints and the changing climate. Workshop topics include alternative transportation, energy efficient buildings, renewable energy, trees and green space, waste reduction and climate resilience. There will be light refreshments and the City will give away free stainless steel Go Green water bottles to the first 30 attendees. Mini-flyers were available and all ages were invited. She will be at the Fall Festive event at Intracoastal Park on Saturday and at the Pirates Fest on Saturday with the Sustainability Team in the Oasis tent. Further information could be obtained by visiting GoGreenBoyntonBeach.com or emailing her. Mayor Grant announced a naming for Michael Metcalf on Saturday at VFW Post 5335, at 10:30 a.m. Parking was available at Intracoastal Park and on Sunday, November 3rd Mayor Grant will be hosting Boynton Cares Clean-up at Intracoastal Park at 9 a.m. Commissioner Romelus disclosed she met with Bonnie Miskel and the Related Group regarding the property at the Boynton Beach Mall. 3. PUBLIC AUDIENCE Susan Oyer, 140 SE 27th Way, passed around a thank you note from one of her students. She asked Commissioner Romelus to be a judge at the Seacrest Estate Halloween Decorating Contest, and she accepted. Ms. Oyer was unaware of the passing of Mr. Howard and sent condolences. She was at the tree give away, which went very well, and suggested the City should buy more trees to plant, especially canopy trees. She read 8 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 from an article in National Geographic, which advised trees are proven to secretly talk to each other by forming underground symbiotic relationships with fungi. John Welter, Chair of the Library Board, explained the Board authorized him to inform the Commission the Board wants to implement a fine-free policy for the Library. The Board has been discussing the issue in detail over the past few months and concluded they should join other libraries who have this policy. He highly recommended the City Commission change the Library's current fine policy. Miami Dade Public Library System went fine free over the past year and eliminated over $1 million in fines, thereby removing access barriers. Last month, the Palm Beach County Library System announced the same policy. The Board requests all materials be fine-free except for the WiFi Hot Spots and laptops. The laptops will be available to borrow when the new Library opens. Mr. Welter expressed many in the community stop using the Library because of the economic barrier imposed by the current policy and felt the Library should be accessible to all regardless of race, culture and income. Commissioner McCray asked what the total Library fines were and learned they were about $17K to $18K a year in late fine collections. If a patron does not return the materials, they are sent to a collection agency to recover the material, which would remain. Commissioner McCray asked if there was a forgiveness policy. Mr. Clark explained for new patrons, they will forgive fines the first time around, but let the patron know in the future they will have to pay them. Mr. Craig Clark, Library Director, confirmed the Board has been discussing this for some time and he is the Board Liaison. Commissioner McCray supported the initiative and requested discussing it as a future agenda item as he wanted more information. In addition to Miami/Dade and Palm Beach County implementing the policy, Chicago just went fine-free as did other major cities across the country. Mr. Welter explained the policy only pertains to eliminating the late fines, NOT the materials. Commissioner Penserga asked how much the Library was paying for the collection agency and learned the patron is charged $10 if sent to collection, and the Library pays the agency $8.95, so it is a budget neutral issue. Motion Commissioner Romelus moved to put the item on another agenda. Commissioner McCray seconded the motion. The motion passed. Attorney Cherof will check to see if the fines are via ordinance. 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) David Katz recently attended the American Planning Association workshop with two other Planning and Development Board Members. Since the City paid for their attendance, he wanted to give a report. Speaker Merle Bishop discussed planning basis 9 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 and Susan Coughanour discussed Planning Law. Three people from the County spoke about sustainability in planning and sustainable economics. He participated on a panel with two other Planning Board Members, Larry Cellon, Boca Raton Planning Board, Judith Thompson, Chair of Lake Park Planning Board and himself. They had an hour and a half panel discussion called Perspectives of a Board Member. One person asked him about an article in the paper saying the Mayor wanted to turn the mall into an amusement center and he responded do not believe everything they read in the Post. He learned a lot of good things and thought it was good. Charles Hunt, 1330 NW 1st Court, Special Operations and U.S. Airforce Retiree, requested the Commission's help. He is working with Andrew Mack, Public Works Director, but they have not been able to connect. Mr. Hunt wanted the canal area behind his house to look nice, but currently it was not fit for even a dog to walk through. The west side of 95 is beautiful, but the northeast side of 95, Boynton Beach canal looks terrible and scrubs are growing up the side. There are snakes and his grandkids cannot play out back. He requested the Commission's assistance. He was told the Lake Worth Drainage District is responsible for the property and he noted the area by the church was cleaned up. He wanted the City Commission to be his voice. Commissioner McCray explained the Bible Church of God cleaned up its own area from Federal Highway to Seacrest and there is a park in there. He will contact Lake Worth Drainage District and Andrew Mack to see what could be done. Mayor Grant suggested contacting Community Standards. Kathy Cline, Fire Marshall, explained on October 26th, in partnership with the American Red Cross, the Fire Department and Neighborhood Officer Program, the City will install smoke detectors in the community between Boynton Beach Boulevard and 13th Avenue, and 1-95 and the Intracoastal. There are 75 people from the American Red Cross participating and they are hoping to get over 100 volunteers. The event will take place from 8 a.m. to 2 p.m. and lunch will be offered. Volunteers will meet at the Carolyn Sims Center for the Smoke Detector Program and then can attend the Pirate Fest. Flyers were available and the event was posted on their webpage. Any neighbor could sign up and make an appointment, and they will scour the neighborhood for anyone who does not have a flyer. Residents who do not want to have a smoke alarm installed that day can contact the Fire Department and they will be given a smoke detector. They have over 500 smoke detectors donated by the American Red Cross for the program. There is no charge for the smoke detectors and they will be installed for free. Commissioner Romelus thanked Ms. Kline for the announcement and noted the last event the Fire Department held in Forest Park went off without a hitch. and she was glad the same program was being offered to a different part of the City. She noted a smoke alarm is needed in each bedroom and smoke detectors now have 10-year batteries. Ms. Cline advised the detectors being installed have the 10-year battery. The flyers for the program are also offered in Creole and English. Homeowners could receive however many smoke detectors are needed. 10 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Irwin Cineus, 223 NE 12th Avenue, noted the Grand Opening of Sara Sims Park was approaching. He asked if there was a plan to add more to the park and the amphitheater or performing stage, so there would be the opportunity to have concerts. He did not know what the policy was and commented the community wants outdoor events and concerts. They also want outreach to bring the community together and he questioned how the park would be policed and managed. Vice Mayor Katz explained there was no amphitheater in the original plan, and later the repurposed amphitheater canopy was added. Currently, there are no plans to add to it. There was consensus to open the park with what is currently there, gauge the usage and then maybe see if there is the opportunity to allocate additional funds. Concerns raised by nearby park residents wa:, it is a neighborhood park, and they did not want loud music or activities. There were also dangerous incidents that occurred there and since then there has been a prohibition about events at the park for a few years. They have not revisited it, but there were requests to revisit the issue with the new park opening. He thought there would be opportunities to discuss concerts and events, but right now there are no plans to expand or add to the amphitheater performance pavilion. Mayor Grant thought the Board was supposed to discuss event permits at Sara Sims. Ms. LaVerriere explained they will bring back a discussion if the City Commission wants to lift the prohibition. After brief discussion, there was agreement to discuss the item on November 5th. The goal for Sara Sims was to have the park open as soon as possible. Mr. Cineus commented the park is fresh and new. He encouraged communication with the residents and requested the City Commission keep an open mind. Commissioner Romelus suggested residents attend the meeting to voice their opinion. Minister Bernard Wright, Robert E. Wells Foundation, 713 NW 2nd Street, did not understand why there were debates about a park that was theirs. He lives two houses down from the park, and there was never anything in the original plan compared to what they have now. He had advocated for a water park and he advocated for an amphitheater to build wealth in the City. The want to pay homage to entertainers and celebrities that used to come that now have an opportunity to come. He thought gun violence was everywhere, but life goes on. He thought the community was being stigmatized over someone who did something the community knew nothing about, that ended in a shooting that resulted in closing the park. There are two Commissioners piggy-backing on completing the amphitheater. He commented Vice Mayor Katz changed the name to a performance pavilion. They talked about a cultural center in 2014, but he asserted the City Commission was stealing from their neighborhood, and instead giving them a cultural center in "White Town" which is the Town Square. He explained it is still the same and nothing changes if the Commission can accept the location and the community's perception of the division in the City. The City has four districts and each district should have the interest of the people. He thought music in the park would not upset the community's quality of life and the Commission had a negative attitude. Vice Mayor Katz commented he respects Reverend Wright as a passionate member of the community. He advised he too lives in the City of Boynton Beach and it does not 11 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 matter when and where something occurs in the City, as it is important to him. He looks forward to the park's opening. He will be revisiting the prohibition and setting up opportunities to have some events at the park. He will support opening the park up for special permits and he looks forward to the park's opening. No one else coming forward, Public Audience was closed. 4. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced the vacancies on the various Boards. Motion Mayor Grant moved to advance Shaquira Young from an alternate to a regular member on the Education and Youth Advisory Board. Commissioner McCray seconded the motion. The motion unanimously passed. Motion Vice Mayor Katz moved to nominate Vinola Rada to the Education and Youth Advisory Board. Commissioner McCray seconded the motion. The motion unanimously passed. Motion Commissioner Romelus moved to nominate Francoise Calixte-Dieuvil to the Education and Youth Advisory Board as an alternate. Commissioner McCray seconded the motion. The motion unanimously passed. Motion Commissioner Penserga moved to nominate Jay Sobel as an alternate on the Planning and Development Board. Commissioner Romelus seconded the motion. The motion unanimously passed. B. Appoint a Voting Delegate for the National League of Cities City Summit, November 20-23, 2019. Mayor Grant advised he, Commissioner Penserga and Commissioner Romelus were attending. He offered to be the Delegate. 12 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner Romelus so moved. Commissioner Penserga seconded the motion. The motion unanimously passed. 5. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-108 - Approve and authorize the City Manager to sign a First Amendment to agreement with James D. Stokes to increase hourly rate of Special Magistrate Services for the City's Red Light Camera Program. Commissioner Romelus pulled this item and asked what the original fee was. Mara Frederiksen, Finance Director, explained his original fee was $140 an hour and the request was an increase to $200. Ms. LaVerriere explained Mr. Stokes had asked for a raise in 2017 which was denied. Attorney Cherof explained the $140 an hour rate was comparable to other magistrates. This raise would be on the high end. Mayor Grant asked what would occur if there was no magistrate for the Red Light Camera hearings. Ms. LaVerriere explained they are hard to find. The City would have to issue a letter of interest. The City had two Magistrates but the second Magistrate moved on. It would take some time and the City would have to try to find an alternate in the interim. Commissioner McCray thought the increase was a big jump, but he would support $175. Vice Mayor Katz supported the compromise. Commissioner Penserga also agreed, but queried the original rate was $140 an hour, but there would be two magistrates. He commented the Magistrate is doing the work of two people without doubling the salary. Ms. LaVerriere noted there was a decrease in the fees because the City has gone from two hearings a month to one. It should neutral out. Mayor Grant commented the Magistrate works 40 hours a year. He requested a motion to amend the salary to $175. Commissioner Romelus thought the $140 was comparable and supported an increase that was closer to $140. Motion Commissioner McCray moved to increase the salary to $175 an hour. Vice Mayor Katz seconded the motion. The motion unanimously passed 4-1 (Commissioner Romelus dissenting.) 13 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 B. PROPOSED RESOLUTION NO. R19-109 - Authorize Mayor to sign an Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach to provide funding for the design, permitting, and construction administration of the NE 3rd Street roadway. C. PROPOSED RESOLUION NO. R19-110 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Justice Assistance Grant (JAG) subject to the approval of the City Attorney. D. PROPOSED RESOLUTION NO. R19-111 - Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Occupant Protection and Child Passenger Safety grant subject to the approval of the City Attorney. E. Approve the purchase of additional license, training and development services from Transcendent for the expansion of the Utility's asset management system to incorporate wastewater Lift Stations, Raw Water Wells and the District Energy Plant. The cost of the additional license and training on the existing software is $22,250. The total for license renewal and additional license is $52,970. F. Approve Task Order UT-3D-02 with Baxter & Woodman, Inc. DBA Mathews Consulting, A Baxter & Woodman Company, in the amount of $80,850.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to extend NE 3rd Street from NE 9th Avenue to Martin Luther King Jr. Blvd. (NE 10th Avenue). G. As part of the approval of the inter-local agreement between the City and CRA for design, permitting, and construction administration of the extension of NE 3rd Street it is necessary to amend the Fiscal Year 2019-2020 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. H. Approve an increase to the rental agreement with Williams Scotsman, Inc. for rental of 60x24 and 60x48 modular trailers in the amount of$28,610.80 with a 10% contingency amount of $2,861.80 for the temporary library located at 115 N Federal Highway. I. Approve utilizing the National IPA (U.S. Communities and National IPA are now part of OMNIA Partners-the nation's largest purchasing organization in procurement and supply chain management) Contract # 2017025 with Toro Pricing thru local distributor, Hector, 1301 Northwest 3rd Street, Deerfield Beach, FL 33442 for the 48 month lease of equipment at $3,032.48/mo with an annual expenditure of $36,389.76 . J. Approve the minutes from City Commission meeting on October 1, 2019. 14 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Vice Mayor Katz moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion. The motion unanimously passed. 6. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-112 - Authorize the City Manager to sign a contract with Killebrew, Inc. of Lakeland, FL for scope of work that includes pre- chlorinated pipe bursting of potable water mains on NE 1st St., in the amount of $702,794.00 plus a 10% contingency of $70,279.94 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $773,073.94. Commissioner McCray pulled this item and inquired how long it would take to complete the project. Joe Paterniti, Utility Director, explained it would take 60 days from the Notice to Proceed. Mayor Grant asked if the road would be closed and learned there would be some road closures. The work will be done in situ, and there will be some boil water notices during the construction process. Commissioner Romelus asked if there would be an 800 number citizens could call and speak with staff. Mr. Paterniti explained notification will be given by direct mail and door handlers. Motion Commissioner McCray moved to approve. The motion was duly seconded and unanimously passed. B. PROPOSED RESOLUTION NO. R19-113 - Award Bid No. 033-2511-19/EM for "Ezell Hester Community Center Re-roof', and authorize the City Manager to sign a contract with T & G Constructors, Doral, FL as the most responsive, responsible bidder in the amount of $392,810 plus a 10% contingency in the amount of $39,281.00 for a total estimated amount of $432,091. C. PROPOSED RESOLUTION NO. 19-114 - Authorize the City Manager to sign a contract with lntercounty Engineering, Inc. for the Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP in the amount of $155,147 plus a 10% contingency of $15,514.70, if needed for staff approval of change orders for unforeseen conditions, for a total expenditure of $170,661.70 D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 15, 2019- "Request for Extensions and/or Piggybacks." E.Approve the purchase of three (3) replacement vehicles as approved in the FY 2019-20 fleet replacement budget in the estimated amount of $873,444.00 by utilizing the following contract: Florida Sheriffs Association FSA 18-VEH 16.0. 15 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner McCray moved to approve the remainder of the Consent Agenda for items over $100,000. Commissioner Penserga seconded the motion. The motion unanimously passed. 7. 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 request for New Site Plan (NW SP 19-002) to construct a one (1) story, 1,989 square foot professional office building and related site improvements on a 12,822 square foot vacant lot located at the northwest corner of NW 7th Court and Boynton Beach Boulevard. Applicant: Joni Brinkman of Urban Design Kilday Studios. Attorney Cherof administered an oath to all those intending to testify. Joni Brinkman, Urban Design Kilday Studios and OFS Holding, owner of the property, requested approval of the above item. The building is proposed to be closer to Boynton Beach Boulevard and complies with the setback requirements. She described the buffers on Boynton Beach Boulevard and on the west side of the building with an additional green area within the existing utility easement. There is a buffer on NW 7th Court, which provides the only access to the site and the parking lot to the rear of the building. The north side of the building, adjacent to existing residential structures, will have 12-foot buffer and a 6-foot wall. They made a presentation to the Planning and Development Board and they had some concerns to ensure the residents were adequately protected and mitigated. As a result, they agreed, as a condition of approval, to add additional plant material on both sides of the wall to form a barrier above the 6-foot wall. On-site garbage collection will be via a tote roll out similar to the existing office building on NW 7th Court. The building is less than 5,000 square feet, and they made efforts to promote sustainability, including metal seamed roofs, LED outdoor lighting features and 100% of the plant materials is low to medium watering demand that will promote four different types of butterfly species and perhaps an additional species. There will be an onsite recycle bin and although they are only required to provide seven parking spaces, they will provide one Electric Vehicle Charging Station. There is an existing bus stop with a bench and a sign, and they agreed to provide a 15' by 7' bus shelter easement and construct a shelter that will be consistent with the design of the building. They are discussing art in public places and have not finalized the plan; however, the shelter may provide opportunities for the art. The north side of the building will have signage and the project will not have a negative impact on the surrounding area. The property owner will use the building for his personal office, but may later allow a second professional office user. 16 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Commissioner McCray inquired if they contacted Palm Tran about the bus shelter and learned they had. All the surrounding citizens within the legal radius required to receive notice were contacted by mail and the site was posted. Vice Mayor Katz thanked them for being proactive and incorporating additional amenities. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Mayor Grant opened public comment. No one came forward. Vote The motion unanimously passed. B. PROPOSED ORDINANCE NO. 19-038 - FIRST READING - Approving BIRD Property Future Land Use Map amendment (LUAR 19-004) from the Palm Beach County's Industrial (IND) classification to the City's Industrial (I) classification. City- initiated. Attorney Cherof read Proposed Ordinance 19-038 by title only on first reading. Attorney Cherof read Proposed Ordinance 19-039 by title only on first reading. Ed Breese, Planning and Zoning Administrator, reviewed the property is south of the Post Office on Boynton Beach Boulevard west of Congress Avenue, behind the Publix shopping center. The 1.89-acre parcel was annexed via interlocal agreement with Palm Beach County in 2010. The current use is a storage facility. The Future Land Use as currently listed retained the Palm Beach County Land Use designation which is Industrial. Staff was proposing to change the land use within the City to Industrial to match what is currently in the County and as to rezoning, the property is currently zoned in Palm Beach County as Light Industrial and the City would rezone the property to Light Industrial to be consistent. Staff recommends approval based on the Comprehensive Plan which seeks to retain and increase industrially designated land within the City. The item is City-initiated because the City annexed the property to the south of the site that the School Board owns. Once they did that, the property became an enclave and the City worked with Palm Beach County, via Interlocal Agreement, to annex the parcel in. It was done through legislation. The property owner has been paying taxes since 2010. The City only now was changing the land use and zoning from the County's designation to the City's. Since it was City-initiated, there was no requirement to change it. There had been some discussion whether they would have to hook up to sewer at that point in time, but the City held off and the regulations have changed. They do not have to hook up to sewer until they redevelop the parcel, and now is the time to make that change. 17 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner McCray moved to approve Ordinance No. 19-038. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 19- 039 - FIRST READING - Approving Bird Property Rezoning (LUAR 19-004) from the Palm Beach County's Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning district. City-initiated. Motion Commissioner McCray moved to approve Ordinance No.19-039. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. The vote was 5-0. 8. CITY MANAGER'S REPORT A. Provide a brief update on the Art in Public Places program. Ms. Coles-Dobay gave a brief visual presentation regarding the Art in Public Places program. She advised the website is updated and informative. The Arts Commission is promoting art in private developments and City projects which she reviewed. The Arts Commission also oversees maintenance on three murals and five different artworks and has an active maintenance program. Commissioner Penserga asked if young children could take part in these experiences. Ms. Coles-Dobay explained public art is for everyone and all ages. There are interactive art pieces and Jaycee Park has a way to learn about mangroves and the importance of waterways. There are many educational components. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS A. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to Smith Smiles, Inc. Mayor Grant presented the item. An unidentified representative from Smith's Smiles explained the organization donates toys to kids in the hospital. He introduced Grace Smith and Zachary Smith. Ms. Smith noticed when she was in the hospital, all the toys were broken or had missing pieces, so they started to donate to different hospitals so children would have something to play with while they were going through their procedures. Zachary. Smith explained it grew from there, becoming a non-profit in 2016, which is run by them and his parents. So far, they have donated over $11K toys in 18 different states and one international donation in Israel. Commissioner McCray asked if the toys donated were donated in Boynton. Ms. Smith explained they have donated all over Florida, and have donated to Bethesda Hospital and in Jupiter. They call around to 18 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 see where there is a need and now people call them. Most donations are in Palm Beach County. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. The motion unanimously passed. B. Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Citrus Cove Elementary. Principal of Citrus Cove Elementary School, Dr. Natalie Cromwell, explained they are a school that services students in Pre-K through 5th Grade. They are a Science Technology Engineering Art Math (STEAM) School, and she thanked Commissioner Penserga for reaching out to the school over the summer. She had a wonderful visit with Police Chief Michael Gregory. The support of the community is important and partnerships with the school community are important. The teachers, staff and students feel the Commission's support and she thanked Commissioner Penserga's decision to donate $1,000 to the school. The funds will be used to provide a research-based phonics program for first grade students. The kindergarten students use the Wilson Foundation which is a phonics program and they wanted to expand it to the first grade and use the donated funds to purchase some of the materials to implement the program. She noted there are 160 first grade students and 1,070 total students. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. C. Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Freedom Shores Elementary. Michael Sabatino, Freedom Shores Principal, explained he will use the donation to pay off outstanding lunch debts of students. The school is an 81% free and reduced lunch school and they have a lot of student debt. In elementary school, students do not get the choice of lunch, once they reach a deficiency of $6.15. After that, the student is given a turkey and cheese sandwich with no other option and a milk or juice. The debt will follow them through their years of school and impact them when they are ready to graduate. They would like to pay off the debt so students can start with a clean slate and offer all the students a choice of hot lunch. It was noted the school sends free and reduced lunch forms home with the students. 19 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. Vice Mayor Katz commended Commissioner Penserga for his contribution to the school and the two principals as he has heard nothing but good things about the schools. Commissioner Romelus suggested, in terms of formatting the agenda, that community donations be moved after Announcements. It would publicize non-profits and other organizations. Mayor Grant thought it could be heard under Administrative, before the Consent Agenda. There were no objections. 11. LEGAL A. PROPOSED RESOLUTION NO. R19-115 - Authorize Mayor to sign a non- exclusive ground lease with FH Quantum, LLC to construct a parking lot for Quantum Eco Park to serve the parking requirements for a 60-acre park. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. The motion unanimously passed. It was noted the lease was for 30 years had two additional terms for 30 years. Vote The motion unanimously passed. B. Authorize the City Manager to discontinue further negotiations for a lease extension for a portion of Mangrove Park and vacate the leased area which will revert back to the Diocese of Palm Beach. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant heard the park was closed since July, and he has not received any complaints about the park being closed. He suggested discussing moving the Boardwalk there with the Diocese. They need to discuss what would occur with the structures and bathrooms on the site and what will happen with the park. He noted some of the park pictures were saved. There previously was nothing there and now there are actual mangroves. 20 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Vote The motion unanimously passed. C. PROPOSED ORDINANCE 19-037 - SECOND READING - Approval of an Ordinance of the City Commission of the city of Boynton amending Chapter 18, pensions and retirement, of the Code of Ordinances to create a new Article XI, "deferred retirement option plan" providing for uniform Deferred Retirement Option Plan benefits for all City employees; amending conflicting provision of DROP benefits contained in the General Employee, Fire and Police Pension Plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. Attorney Cherof read proposed Ordinance 19-037 by title only on second reading. The Commission has to amend paragraph 0 to add: "Effective for sworn law enforcement employees hired on or after 10-1-2019, and for fire rescue employees and general employees hired on or after 10-1-2020."As an introductory clause on line 91. The reason for the addition is the City received feedback from the actuaries regarding clarification of that section and they cannot submit the Ordinance to the State until it is in its final form. Only the amendment would be approved tonight and he requested tabling the second reading of the Ordinance to the next meeting. Motion Vice Mayor Katz moved to approve the amendment and table the Ordinance to the next meeting. Commissioner McCray seconded the motion. Julie Oldbury, Human Resource Director, clarified the date for General and Fire employees should be 1-1-2020. Commissioner Penserga requested clarification the Ordinance would not affect current employees or those already in DROP. Mayor Grant asked if employees could keep their money in the DROP until their death. Ms. LaVerriere explained they would not. The requested proposal is the funds would have to be withdrawn within 45 days. Mayor Grant was concerned the City cannot spend 7% in the DROP in perpetuity. He thought for the future, the City should add a line that says if they are not in the DROP, they can either have the 7% and be required to take the money out after, or offer interest at a variable rate. It was noted each plan is different and they have to meet the requirements for each plan. Ms. Oldbury explained DROP is contingent on years of service or age. Mayor Grant asked about DROP loans, and asked if employees could take DROP loans, pay them back and it not be a withdrawal. Commissioner Romelus understood the original concern was if the Commission wanted current employees, who are not yet in the DROP to be able to enter the DROP and Mayor Grant added to be able to maintain 7% for their life. Mayor Grant also inquired what the City was paying in interest per year for all retired and all DROP employees, noting the Plan could have a down year and not earn 7%. He did 21 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 not think it was necessarily a collective bargaining item. Mayor Grant wanted to know what the City was paying retired employee because he was unaware of any annuity that pays 7% and the City, if they have a down year, would be paying 10% interest on accounts for employees no longer working for the City. Attorney Cherof explained the item was going to be tabled, and the City could ask for alternative information from the plan actuaries. Vice Mayor Katz clarified his original motion to mean to approve the amendment to the documents and then table the document. As to the issue about the DROP interest rate, he thought pension reform was sticky and there is a collective bargaining process in place to address it and any other benefits or working conditions afforded to employees. The current benefits have been tentatively agreed too and he did not support circumventing collective bargaining. Commissioner Penserga announced he is opposed to changing the DROP program for all current employees whether they are vested or not. He favored what was already agreed to for new hires in the Union meetings which was a variable for all hired after the first of this month. Mayor Grant wanted to know how much money was in the three pension DROP accounts, and how much the City has paid into DROP accounts for all three pensions for the last three years. Vote The motion unanimously passed. 12. FUTURE AGENDA ITEMS A. Commission will review and discuss our legislative priorities for the January 2020 legislative session - November 5, 2019 B. Ratify Police Collective Bargaining Agreements - November 5, 2019 C. The Mayor requested the City Commission discuss the branding for the downtown area (town square) - November 5, 2019 D. Staff and development team to provide brief update on Town Square Project - November 5, 2019 E. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 - March 17, 2020 13. ADJOURNMENT Sara Sims Park will be discussed at the November 5th meeting. 22 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Vice Mayor Katz seconded the motion. The motion unanimously passed. The meeting was adjourned 9:06 p.m. CITY • :��YP f/lN BEACH or - Steven B. Grant ommissio e r cCr- Commissione — Christina Romelus l � Commissf/ v1enserga ATTEST • ,' 1;421-- Cniostal Gibson, MMC City Clerk 'kloYN OM V uu 010-/-JU Catherine Cherry Minutes Specialist 23