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Minutes 01-21-20Minutes of the City Commission Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Tuesday, January 21, 2020, at 5:30 p.m. PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner- arrived 5:46 p.m. Christina L. Romelus, Commissioner -arrived 5:34 p.m. Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Invocation —Pastor Rodney Wilkinson of Gospel Fellowship. Pledge of Allegiance to the Flag was recited in unison. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add announcement 3-E, Four Chaplains Event. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz joined elected officials in Tallahassee for Palm Beach County Days. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Commissioner Penserga enjoyed the Martin Luther King (MLK) event at Sara Sims Park. He thanked staff for their hard work. Mayor Grant noted on January 9th, he met with representatives from Memory Trees. January 12th, he presented a proclamation to honor Haitian Earthquake Memorial Day at a Soul Seti, given by Commissioner Romelus. He attended the Palm Beach County Days in Tallahassee, Florida and used the Greyhound as his mode of transportation. Suggested the City of Boynton Beach look into expanding bus travel; Brightline has not informed the City of having a station in Boynton Beach. Indicated he spoke with Glen Flobes of Palm Tram trying to create a bus rapid system within the City, with different stops in downtown, the mall, and Tri -Rail to name a few places. The City can decrease traffic. Gave a big shout out to staff for the wonderful job for the MLK event. Spoke with Mark Hefferin of E2L. Commissioner Romelus thanked the Mayor for presenting the proclamation honoring the Haitian Earthquake Memorial, which is the 10th anniversary of the earthquake that hit Haiti in 2010. Had the privilege to help host a four-day conference that united several Haitian officials from USA and Haiti. The MLK event was a great event. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement by Assistant Recreation & Parks Director Kacy Young about the Oceanfront Bark event, which will be held at Oceanfront Park on Saturday, January 25, from 9 am to 12 noon. Kacy Young, Assistant Director of the Recreation & Parks Department, announced the Oceanfront Bark event welcomes all well-behaved dogs to "paw ty" on the beach. Dogs will be allowed off leash in designated areas on the beach and in the water. Dogs will be required to stay within the temporary fencing installed at the south end of the beach, and just south of the middle beach access ramp. Dogs must be appropriately licensed and will be asked to leave the park if acting aggressively. B. Announcement by Recreation & Parks Director Wally Majors about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special Deals event and the 8th Annual Barrier Free 5k Run, Walk & Roll. Wally Majors, Director of the Recreation & Parks Department, said the City is hosting the 5th Annual Magic Wheels & Special Deals event, sponsored by Joe DiMaggio Children's Hospital as well as Home Depot. Explained the Magic Wheels and showed past recipients. The event will be held at Barrier Free Park (3111 S. Congress Ave.) on Thursday, February 6, beginning at 6 p.m. Several local organizations and vendors representing and supporting individuals with special needs will be participating. The highlight of the evening will be the unveiling of the Magic Wheelchair, which this year is being built for Amir Diejuste, a six-year-old boy who was diagnosed with cerebral palsy Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 when he was two. Despite his physical restrictions, he remains cheerful, playful and eager to learn. Mr. Majors stated on Saturday, February 8, beginning at 7:30 a.m at Barrier Free Park, the Department is again collaborating with the Broward, Palm Beaches & St. Lucie Realtors and the Greater Boynton Beach Foundation to host the 8th Annual Barrier Free 5k Run, Walk & Roll. The City of Boynton Beach is a City that is about inclusion. Mayor Grant asked if dogs were allowed at the 5K event and Mr. Majors replied no. C. Announcement the Federal Emergency Management Agency (FEMA) has released of preliminary updated coastal Flood Insurance Rate maps (FIRMS) for Palm Beach County. Angela Prymas, Senior Engineer -Utilities, noted on December 20, 2019, FEMA released preliminary coastal Flood Insurance Rate maps (FIRMs) for Palm Beach County. FEMA has scheduled information meetings in West Palm Beach: Tuesday, February 4, 2020 and Wednesday, February 5, 2020. Indicated after the public meeting, there will be a 90 - day period of appeal and comments. After FEMA addresses the appeals and comments, they will issue a final map and the city would have 6 months to adopt the maps. If the current preliminary maps are adopted, the city would have an increase of 3 feet in the 100 -year elevation. Mayor Grant asked if this means the City needs to be above sea level by 3 feet. Colin Groff, Assistant City Manager, responded FEMA would increase the current number by 3 feet. He explained if the current number were 5 feet, it would increase to 8 feet. Ms. Prymas stated the new coastal maps are increasing the elevation and extent of the current Flood Hazard Area (areas with a 1% and 0.2 % annual chance of flood hazard, also known as the 100 -year and 500 -year flood). In Boynton Beach, areas east of Federal Highway will increase up to 3 -ft. i.e., refer to Panel 0791 — to the west of the inlet along the coastal areas of the City. Proposed Zone AE (EL 10 ft.) currently EL 7 ft. Commissioners Romelus asked what does this mean. Mr. Groff stated it would affect the flood insurance rates. Indicated with new construction or rebuilding a home, the finished floor elevation would need to be some feet higher than those homes surrounding the home. D. Present an update concerning the Town Square project. Colin Groff, Assistant City Manager, Mark Hefferin, E2L Real Estate Solutions and John Markey, JKM Developers will present. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Colin Groff, Assistant City Manager, stated the City is under budget and on time. Still ahead of the official schedule. Mark Hefferin, E21- Real Estate Solutions, said signage and way find decision being finalized, Utilities and Roadwork complete — SE 1st Street. The Kapok Park with sidewalks. All furniture delivery targeted to begin in April 2020. The Fire Station is scheduled for completion March 31, 2020. The information Technology Department is working with E21- to complete the installation. Police station storage building is complete; the sidewalk, pavement coordination with the EOC is underway. The preparation for the Art Work is to begin in March or April. The ceilings and lighting are installed. The move - in target date is April 30, 2020. The district energy system is tested and functional. The North Garage is ready for construction. The hotel site is ready; Entrance road from Boynton Beach will be the City Right -Of -Way. The turning lane for Boynton Beach needs FDOT approval. South Garage permit approved, ready for pick up. There is an agreement for the JKM site currently used for Children Museum parking. John Markey, JKM Developers stated everyone is aware JKM Developers missed their date. Indicated JKM is rescheduled start February 2020, and assured the Commission this date would not be missed. Requested staff help with a temporary Certificate of Occupancy. Explained construction for the apartments cannot begin until the garage is completed. Mayor Grant asked about the north garage. Mr. Markey stated the north garage has been accelerated and refinancing is approved for the north garage. Commissioner McCray thanked Mr. Markey for being honest. Vice Mayor Katz asked the reason for missing the target date for the garage on the south side. Mr. Markey responded there is no one responsible for the delay but him. He stated the construction market is challenging, they are struggling to get prices especially with the Electrical, Mechanical and Plumbing (EMP). He is confident they would resolve those issues with the construction challenges within the next two weeks. Vice Mayor Katz asked if there were any reason why the March 1 date would not be met to begin construction. Mr. Markey indicated he does not see any reason, and has given himself additional lead way to the March 1 start date. Vice Mayor Katz understood additional financing has been received. How much more financing is required? In addition, inquired if additional financing is needed to complete the garage, or is this financing for the residential component on the south end. Asked if the financing would impede the construction of the garage. Mr. Markey stated this would be a $15M package for the garage and the apartment component. There would be a need to finance the south garage and the south apartments. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Vice Mayor Katz stated the garage would not be open to coincide with the opening of City Hall and the Library. Asked for clarification on a contingency plan on the parking. How many public spaces and where would this parking area be located? Asked if the contingency plan is sufficient to address the needs the garage would have. Mr. Markey stated yes and indicated they are working on a contingency plan. What they have was foreseen. There are five separate agreements/contracts and in the entire document, there is already a contingency plan in place. They are prepared to move forward. Vice Mayor Katz asked what can be done with the north garage; what can be done if there is an issue with keeping with those timelines? He said he does not want one delay to cause delays on the north side. Mr. Markey indicated it is to accelerate getting the North Garage construction done. Indicated everything relies on the garage. They have market studies, and the market cannot absorb another 500 units at one time in one location. These buildings were planned to come in a sequence. Vice Mayor Katz requested the developers to be cognizant of the north garage. Asked when could the City gain ownership of the North Garage. Mr. Markey responded it has not been finalized whether it would become City property or remain private property. Vice Mayor Katz asked if the city were to gain ownership and become more financially involved, it would accelerate the north end because the garage would no longer be a part of the equation. Mr. Markey replied yes. Vice Mayor Katz stated to all partners, please keep the Commission updated on what is going on with the construction. This is the biggest project in the City. He fears one delay would have a domino effect. He would rather be more of an alarmist, than not raise any concerns, and then something is not done. This is the cornerstone of the City. Mr. Markey stated they have been communicating with staff and they are working through some issues. There are some temporary parking easements, which must be cleaned up before closing on the loan. They used all the private parcels. He would request help from the City. This is a complicated process. He would be asking for help in the future. Indicated the site is currently used for construction parking and staging. Commissioner Romelus indicated the city is more than willing to help and make sure they have the resources to get things going. She questioned the reason for the delay. If the delay was due to construction cost and lack of labor, how can the city get their portion done on time and under budget? Mr. Markey responded there is an entirely different subset of contractors, than the laborers. This is a specialized subset of contractors, which do this type of work. In the apartment sector such as mixed use, everyone is busy. Commissioner Romelus stated she is speaking of the garage; this is not a mixed-use construction as of yet. Mr. Markey explained the GMP; the total price for the south garage Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 includes the apartments. The financing could not be done without the apartments. He stated the garage contractor is ready to go. Commissioner Romelus indicated she was not happy about the delays. Stated a timeline was created for the 800+ employees moving into a facility, which is now without parking. This is without counting the members of the public for the library patrons or those frequenting City Hall. She asked where are the people going to park without sufficient parking? Mr. Markey stated he is contractually committed to provide temporary parking. Indicated they have the land area. Commissioner Penserga requested clarification of the additional funding received and how was it being used. Mr. Markey explained that is a $5.5M refinancing of the original financing which encumbered the land under the garage. Doing this unencumbered the land under the garage and gave an additional $2M to be placed in redevelopment. He stated he and the city are in the same position. He is paying interest because of the delay. Mayor Grant inquired if the Boynton Beach Boulevard apartment must be residential units. He suggested possibly office space, with retail on the first floor. Mr. Markey stated they are early enough in the process, when changes can be made. Mayor Grant asked about the in -ground dumpsters. Mr. Groff replied staff looked into Underground Refuse Systems, and looked into their technology, and decided this was not needed for the Town Square project. Staff are coordinating with Mr. Markey regarding the garbage. Mayor Grant stated this project is the cornerstone of the City of Boynton Beach downtown. Inquired if staff has been in touch with the Freemasons regarding the cornerstone. Mr. Groff stated he reached out to the Freemasons and they have not replied. He indicated he would reach out to them again. Commissioner McCray requested the information regarding the underground dumpsters. Mr. Groff replied he would send the information to the entire Commission. Commissioner Penserga asked if the underground dumpsters work with the city's existing trucks. Mr. Groff replied the system consists of an underground vault, and there are space considerations, and are extremely expensive. Mayor Grant stated he saw the refuse system at a Florida League of Cities annual conference. He explained it was a foot pedal compactor, so the trash does not need to move from trashcan to dumpster to garbage truck. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Commissioner McCray indicated they are in the process of construction, it was not the idea of saving money, and it was what was best for the City while we are in the process of construction. He said he understands the city was under budget, but what is best for the city. Commissioner Romelus stated she likes staying under budget. Mayor Grant stated he was in agreement with Commissioner McCray; he wanted what was best for the City. Mayor Grant opened to the public for comment. E. Boynton Beach Veterans Annual Four Chaplains Event. Mayor Grant invited everyone to attend the annual Four Chaplains event, located at 235 SW 6th Avenue at 2pm, February 2nd. This event commemorate the Four Chaplains, which gave their lives to save other civilians and military personnel as the troop ship SS Dorchester sank on February 3, 1943. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140th SE 27th Way, questioned a boat being stored on the property. Inquired if space was being rented by the City to the owner of the boat. Mr. Groff stated staff would check into this. Ms. Oyer informed the Commission the City of Boca Raton has underground trash area. Ms. Oyer believed the City at one time had underground trash containment. Commissioner McCray stated he does recall the underground trash containment. Woodrow Hay, 427 NW 5 Avenue, candidate for Commissioner District 2, said he spoke with some of the citizens about the Martin Luther King celebration and said it was great. The citizens have come out with additional ideas for next year. Commissioner McCray indicated there would be more help for the Martin Luther King (MLK) event next year. Mayor Grant stated there would be a debriefing with the MLK committee to plan for next year's event. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Dr. Piotr Blass, 113 Tara Lakes Drive W., a candidate for Mayor, said he was impressed with the rebuilding of Town Square. Stated as the next major the City of Boynton Beach would receive energy from the ocean. Christine Momot, 405 SW 4th Street, inquired why the City needs more apartments or housing in this area. There are other apartments being built across the street from the mall. The current units are not filled up. There are people moving out of Boynton Beach, not into Boynton Beach. Vice Mayor Katz stated the Mall at Boynton Beach is privately owned. The property owners requested the right to build. Mayor Grant stated it would be a suburban mixed-use project. With the mixed use, there would be both commercial and residential area. The reason for the mixed-use project, there are different traffic patterns from commercial versus residential. The Commission wants to make sure they do not over exceed the current amount of traffic allowed on certain roadways. The county to oversee the traffic patterns. Ms. Momot stated there is a problem already with Old Boynton Beach Boulevard. If there were more people, there would be more issues with the traffic. Mayor Grant stated the City of Boynton Beach is addressing this with the city vision zero. The City wants to decide they want the safest roads. Ms. Momot stated when she moved here, this was a quant city; she would like the City of Boynton to remain that way. She liked the area. She does not want it to change. 5. ADMINISTRATIVE A. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Suits For Seniors, Inc. Motion Commissioner Romelus moved to approved. Commissioner McCray seconded the motion, which unanimously passed. Jervonte Edmonds, Founder/CEO of Suits for Seniors, explained the program is for high school seniors. Indicated all seniors who have received the suits have a 100% graduation rate. The recipients of these suits go on to college or to employment in the local community. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Motion Commissioner McCray nominated Aquannette Thomas for the Community Redevelopment Agency Advisory Board (Reg). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner Penserga nominated Chevette Gadson for the Education and Youth Advisory Board (Reg). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner McCray nominated Diana Heitz for the Education and Youth Advisory Board (Alt). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner McCray nominated Michael Kelley for the Police Officers' Retirement Trust Fund (Reg). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner Romelus nominated Marsha Bionta for the Recreation and Parks Board (Reg). Commissioner Penserga seconded the motion, which unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner Penserga pulled item 6A. Commissioner Romelus pulled item 6D. A. Proposed Resolution No. R20-005 - Approve and authorize the City Manager to sign the Dog Park Maintenance Agreement between the City of Boynton Beach and Boynton Town Center Master Association, Inc. for the perpetual maintenance of the Joseph Crowder Dog Park, subject to final approval of the City Attorney. Mayor Grant read proposed Resolution No. R20-005 into the record by title only. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Andrew Mack, Director of Public Works, indicated he was available for any questions the Commission may have. Mayor Grant requested clarification of the agreement for perpetual maintenance. City Attorney Cherof explained the reference to the perpetual maintenance is a provision of the plat; it is an obligation of the association whether they enter into an agreement with the city or not. The agreement with the city, in which part, the city takes on some of the association's responsibility, is for 20 years. Commission Penserga requested some background information. Mr. Mack explained that as part of the redevelopment of the Cortina project, there was a developer's agreement to execute a land swap. The city gave up some land to build a dog park. As a part of that process, the association took on the perpetual maintenance of the park. Indicated the City of Boynton Beach owns the property, but it is maintained by the association. There were only two places, which mentioned the perpetual maintenance of the park, which was on the Plat and in the land swap agreement. Mr. Mack stated the agreement clarifies the enforcement powers the City has and outlines the process to assure the conditions of the dog park are such that the park is operated and maintained in a manner, which does not adversely affect the health, safety and welfare of the public. The association has reviewed the document. Mr. Mack stated this agreement memorializes this. Mayor Grant questioned the 20 -year agreement; inquired if the agreement allowed the city to assist the association with upgrades to the park. Mr. Mack replied the City still owns the property and can make changes to the park in coordination with the association. Mr. Mack stated the dog park area needed rotation to give the area rest. One of the things, which the POA has requested, was to have a third park in between the two parks. Commissioner McCray asked what happens after the contract terminates in 20 years. Mr. Mack replied the agreement could be renegotiated with the POA. Vice Mayor Katz stated he was for the agreement. He noticed in the agreement, it states the city would not enforce codes, if they do not maintain the park. The city has the ability to take corrective action and bill them. Vice Mayor Katz asked how strong was their ability to fight back? Mr. Mack replied there are some notice provisions of the contract. The city would need to place them on notice. Vice Mayor Katz appreciated the idea of converting the middle space into another dog run. He believed having the third run was the only way in which to rest the land. Asked are there plans to take down the divider in between the two small runs to create three runs, or would the two runs be maintained as -is? Mr. Mack indicated this proposal was received this past week. His first impression was to have two big dog runs and have the Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 area segregated. This would create two big dog areas, and have the middle area as a rest area. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which unanimously passed. B. Piggy -back the State of Florida Alternate Contract #43211500-WSCA-15-ACS for the purchase of Dell workstations, Monitors, and accessories from Dell Marketing LP of Round Rock, TX in an amount not to exceed $65,000. The Florida Alternate Contract procurement process satisfies the City's competitive bid requirements. C. Proposed Resolution No. R20-006 - Authorize the City Manager to sign individual agreements with two (2) firms as a result of RFQ No.: 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services. Individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. D. Proposed Resolution No. R20-007 - Approve the Boynton Beach City Library Fine Free Policy. Mayor Grant read the proposed Resolution No. R20-007 by title only. Jeannie Taylor, Assistant Library Director, said she was excited about going fine free. The goal was to have the books returned. Staff wants the library opened and accessible to all, and fines were just a barrier to use the library. Commissioner Romelus asked Ms. Taylor to announce the new library hours once the Library opens in the new Town Square. Ms. Taylor responded the hours would be open until 8 p.m., in addition Friday from 9:00 a.m. until 5:00 p.m. Commissioner Penserga asked how many people would this policy affect? Ms. Taylor stated this was unknown. Commissioner McCray asked if there would be some type of counseling provided once a citizen returned the book late. Ms. Taylor replied the library is trying not to be punitive, just congratulate them on returning the book. Mayor Grant stated concerns of not creating consequences for not doing what they are supposed to do. There should be some type of cost and affect. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Ms. Taylor stated this is a cost, which is associated with going fine -free. Explained the fees associated with the laptops. Mayor Grant stated the number of late fees was $17,000 paid last year. Ms. Taylor stated the actual number was $12,000. Mayor Grant wanted to find out how much property was not returned. Ms. Taylor replied staff has numbers from the collection agency. There are some automatic renewal options. Mayor Grant requested to have data to see how much property has not been returned to the library after the automatic renewal time. Commissioner McCray stated whatever encourages the children to read, he is for it. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which unanimously passed. E. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $622,879.91. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. F. Proposed Resolution No. R20-008 - Adopt the 2019 Repetitive Loss Area Analysis (RLAA) document, which will allow the City residents to continue to be eligible for a discount on flood insurance premiums. G. Accept the written report to the Commission for purchases over $10,000 for the month of December 2019. H. Proposed Resolution No. R20-009 - Approve and authorize the City Manager to sign the Developer's Agreement with Mr. Edin Mehanovic of 820 Bamboo Lane for the construction of wastewater improvements within the right-of-way of Bamboo Lane. I. Proposed Resolution No. R20-010 - Approve and authorize the City Manager to sign Amendment No. 1 to the Developer's Agreement with Knuckles, LLC for the construction of sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal Highway. J. Approve minutes from the City Commission meetings on December 3, 2019 and January 7, 2020. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Motion Commissioner Penserga moved to approve the consent agenda as amended. Commissioner McCray seconded the motion, which unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. 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 January 21, 2020- "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R20-011 - Approve Award of Bid No. 004-2821-19/EM for " Lime and Sludge Removal, Hauling and Disposal and authorize the City Manager to sign a contract with Prolime Corporation, 58610 Van Dyke Rd., Washington, MI 48094, as the lowest, most responsive, responsible bidder in the amount of $16.95 per Cubic Yard for an annual estimated amount of $271,200 for a period of three (3) years, with an option to renew for two (2) one-year terms for a total $1,356,000 estimated amount over the total potential term of the agreement. C. Approve an increase to the estimated annual expenditure of Bid # 019-2821-19/IT "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" in the amount of $80,000, increasing the estimated annual expenditure from $175,000 to $255,000 for the remainder of fiscal year 2019/2020. D. Piggy -Back 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 purchase of six (6) Toro Greenmaster 3150Q Mowers for a total amount of $161,347.82. Motion Commissioner McCray moved to approve the Consent Agenda for Bids and Purchases above $100,000. Commissioner Penserga seconded the motion, which unanimously passed. 8. PUBLIC HEARING 6 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. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 A. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the February 18, 2020 Commission Meeting.) There was no action taken on this item. There was consensus to continue this item until the February 18, 2020 meeting. B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (Tabled from the 1/7/2020 Commission Meeting. The applicant has requested to continue this agenda item to the February 18, 2020 Commission Meeting.) There was no action taken on this item. There was consensus to continue this item until the February 18, 2020 meeting. 9. City Manager Report- None 10. Unfinished Business -None 11. New Business A. Proposed Resolution No. R20-012 - Approve and ratify the Collective Bargaining Agreement between the City and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 for the term October 1, 2019 through September 30, 2022. Mayor Grant read the proposed resolution no R20-012 by title into the record. Julie Oldbury, Human Resources Director, stated the item before the Commission is to approve and ratify the Collective Bargaining Agreement between the City and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 for the term October 1, 2019 through September 30, 2022. The members terminated the prior agreement, slated to end 2022. The contract was open and the membership voted in favor of the new agreement. Commissioner McCray asked how many members voted. Ms. Oldbury replied 88. Commissioner McCray asked how many members voted in favor of the contract. Ms. Oldbury replied there were 86 in favor of the contract. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. 12. Legal A. Proposed Resolution No. R20-013 - Approve the standard form of contract for connection to the District Energy System (DES), authorizing the Utilities Director or his designee to sign the contracts on behalf of the City. Mayor Grant read proposed Resolution No. R20-013 into the record by title only. Commissioner McCray requested clarification. Colin Groff Assistant City Manager explained this is an individual service based on the service load; each customer would have an individual service contract. This is an agreement between the City and the customer. Mayor Grant asked if the customer does not return the chilled water back at a certain temperature, is the customer charged a higher rate? Mr. Groff stated the contract has the rules and regulations of returning water back as well as spells out how the customers are charged. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which unanimously passed. B. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Renette Jean -Baptiste on behalf of Kevens Jean -Baptiste, a minor, Plaintiff, vs. Germaine Jones, and City of Boynton Beach, Defendants — Case Number: 9:18- cv-80740-Altman/Brannon, US District Court for the Southern District of Florida. Attorney Cherof requested a closed -door session regarding Baptiste versus the City of Boynton Beach. Attorney Cherof requested 30 minutes either before or after the next meeting. Mayor Grant asked if there would be any outside counsel. Attorney Cherof stated there would not be any outside counsel. Mayor Grant requested to have the Attorney client session after the February 4, 2020 meeting. Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 There was a consensus. Mayor Grant requested an outline of monthly events, which coincided with the City of Boynton Beach Centennial. He also requested a forum for a Black History Month open discussion. 13. FUTURE AGENDA ITEMS A. Discuss Local Septic Tank Inspection Program - February 18, 2020 B. Discuss purchase and sale agreement for Nichols property - February 18, 2020. C. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits - March 3, 2020 D. Consider Vision Zero Resolution — TBD 14. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. The meeting adjourned at 7:07 p.m. (Continued on the next page.) Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 ATTEST: Crestal Gibson, MMC Citv Clerk ueenester Nieves Deputy City Clerk 17 CITY OF BOYNT EACH w r, ayor - Steve B. Grant jX /. cCray Commissioder — Christina Romelus v Commi — aserga