Minutes 04-17-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON MONDAY
APRIL 17, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Christina Romelus, Vice Mayor
Justin Katz, Commissioner
Mack McCray, Commissioner
Joe Casello, Commissioner
ABSENT:
Steven B. Grant, Mayor
1. OPENINGS
A. Call to Order - Mayor Steven B. Grant
Chair Grant called the meeting to order at 6:30 p.m.
Invocation
Commissioner McCray gave the invocation
Lori LaVerriere, City Manager
Jim Cherof, City Attorney
Judith A. Pyle, City Clerk
Pledge of Allegiance to the Flag led by Commissioner Casello
Roll Call
City Clerk Pyle called the roll. A quorum was present.
Agenda Approval:
1. Additions, Deletions, Corrections
Attorney Cherof made a request to table Public Hearing A, Purposed Ordinance 18-005,
regarding telecommunication. Requested to remove Public Hearing B, Major Site Plan
Modification, also request to table 12-A, a request from the Mayor for an update on the
opioid and gun lawsuits to the next Commission meeting.
Vice Mayor Romelus requested a motion.
Motion
Commissioner McCray motioned to table Public Hearing A. Commissioner Casello
seconded the motion.
Meeting Minutes
City Commission
Boynton Beach, Florida
Vote
The motion unanimously passed.
Vice Mayor Romelus requested a motion.
Motion
April 17, 2018
Commissioner McCray motioned to table Legal 12-A. Commissioner Casello seconded
the motion.
Vote
The motion unanimously passed.
Vice Mayor Romelus requested a motion.
Motion
Commissioner McCray motioned to remove Public Hearing B. Commissioner Caselio
seconded the motion.
Vote
The motion unanimously passed.
Vice Mayor Romelus requested a motion.
Motion
Commissioner McCray motioned to remove from the table. Commissioner Casello
seconded the motion.
Vote
Unanimously passed
Lori LaVerriere, City Manager indicated she received messages from Representative
Al Jacquet and Senator Bobby Powell stating they were unable to make it to tonight's
meeting and wanted to reschedule for the May 1, 2018 meeting.
2. Adoption
Vice Mayor Romelus asked for a motion to approve the agenda as amended.
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Motion
April 17, 2018
Commissioner McCray moved to approve agenda as amended. Commissioner Casello
seconded the motion.
Vote
The motion unanimously passed.
2. OTHER
A. Informational items by Members of the City Commission
Commissioner Katz stated he had no disclosures.
Commissioner McCray stated he had no disclosures. Mentioned he was at an INCA
meeting he was very impressed with Officer Koch. Stated there was nothing could be
done regarding delict boats in State waters. He spoke with the City attorney and was
hoping to see if the City of Boynton Beach could have these rules changed in the State.
He wanted to thank a worker in the utilities, for going beyond what was expected.
Commissioner Casello indicated he had no disclosures. He wanted to make an
announcement of the rededication of the dog park for Officer Joseph Crowder who
passed away un -expectantly. He was a 12 year veteran and was a K-9 Officer.
Tomorrow there will be an unveiling of a bronze statue.
Vice Mayor Romelus attended a food give away at Sara Sims Park. More than 200
families received food. This was done in partnership with e -roadmap.
Commissioner McCray announced on Thursday, April 19, at 5:00 pm, Dr. Debra
Robinson will have a fund raiser at Troy's Restaurant.
Commissioner Casello announced he was having a fundraiser at Cooper Point Brewery.
They are having a one-time, released beer called the Commish. Informed the audience
he was a candidate for House District 90.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Legislative update from Representative Al Jacquet. (rescheduled)
B. Legislative update from Senator Bobby Powell. (rescheduled)
C. Announce that Boynton Beach Utilities will be hosting a Water Conservation
Workshop for the public on Wednesday, April 25, 2018 from 5:30-7:00 pm at
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Intracoastal Park Clubhouse, 2240 North Federal Highway. Water Conservation
Workshop on April 25, 2018.
Vice Mayor Romelus announced Boynton Beach Utilities will be hosting a Water
Conservation Workshop for the public on Wednesday, April 25, 2018 from 5:30-7:00 pm
at Intracoastal Park Clubhouse, 2240 North Federal Highway. The workshop will be led
by Rebecca Harvey, Sustainability Coordinator.
D. Announcement by Mary DeGraffenreidt, Events and Program Manager of the
Concert on the Green Event that will be held Saturday, April 21 st at The Links of
Boynton Beach from 3 - 6 p.m.
Vice Mayor Romelus announced the Concert on the Green event being held April 21,
2018.
Mary DeGraffenreidt, Events and Program Manager announced if anyone liked a
scenic view of nature, the sound of good music, family friendly games and activities,
please come out on Saturday April 21, at the beautiful Links of Boynton Beach from
3-6 pm. The Club Scouts of Boynton Beach will collect recycling at the event. Families
will have the opportunity to enjoy nature, play a variety of active games which promote
health and fitness. Transportation will be provided for those who need assistance.
Noted at 4:00 pm, EI Tribe band will rock the Golf Course with a variety of music.
American Sign Language interpreters will be onsite during the concert.
Commissioner McCray said this was one of those events which a blanket and a chair
would be needed.
E. Proclaim April 28, 2018 as Arbor Day.
Vice Mayor Romelus proclaimed April 28, 2018 as Arbor Day.
Glenda Hall, Forestry and Grounds Manager, said the City of Boynton Beach celebrated
Arbor Day at Barrier Free Park by planting trees with St. Joseph School 8t" grade class.
She presented hats to the Commission and Mayor.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Minister Bernard Wright, 713 NW 2 street, CEO Bernard Wright Ministry and the
Robert E. Wells Foundation, wanted to commend retiring Jeff Livergood and present
him with a certificate from the Heart of Boynton Beach residences for his gracious
service. Well wishes on his journey.
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April 17, 2018
Charles Kanter, 2905 South Greenleaf Circle, noted based on what was on the
agenda, Quantum will be welcoming the City Hall into the Quantum Community. He
stated there were some of the best restaurants in town, some of the nicest facilities. He
was requesting some speed bumps on Quantum Boulevard. It was not so much the
volume of the traffic, it was the high speed of the traffic. He was only asking for parity
with Renaissance Commons.
Vice Mayor Romelus requested staff to put together a report regarding the speed
bumps.
Susan Oyer, 140 SE 27th Way, noted Earth Day was quickly approaching. Distributed
some information regarding Earth Day. The City of West Palm was planting 10,000
trees in 10 years. The City of West Palm Beach was giving away free trees. She
believed it was time to focus on Boynton Beach. Boynton Beach needs more trees,
especially on the major roads. There was no reason why we are not as beautiful as
Boca Raton. The City of Boynton Beach should have some big beautiful trees. Good
Luck Jeff Livergood.
Suzanne Ross, Schoolhouse Children's Museum & Learning Center, indicated
Palm Beach and Martin County will have "The Great Give". This was a 24-hour online
giving event to raise funds for non -profits throughout the community. Some of the
nonprofits participating were Habitat of Humanity Connect to Boynton, Eat Better Live
Better, Faith Farm ministry and many more. She requested the City to get involved with
"the Great Give". On Saturday May 5th the Museum will host the Princess and
Superhero Day.
Samantha Shields, The Hat Foundation, spoke about the Hunger Crisis; informed the
Commission 12% of Americans are facing hunger conditions daily. She indicated there
were 38M people going hungry every day. The Foundation has taken the positon to
feed 1M children by September 18, 2018. They are requesting help from the City
Commission to support this cause. She noted it only takes 10,000 people to pledge
$100 to raise $1 M.
Commissioner McCray asked the location of the foundation. Ms. Shields responded the
Foundation does not have a physical location.
Joe Maryuma introduced himself as a candidate for Judge for Palm Beach Circuit Court
Group 18. He provided some information regarding his background. He graduated from
Florida Atlantic University in 2002 Magna Cum Laude and attended Florida International
University Law School where he graduated Cum Laude, 5th in his class. He currently
represents juveniles. He has been the Assistant Public Defender for Palm Beach
County for the 12 past years. Mr. Maryuma stated he has a strong commitment to
promoting the judicial economy. People should not have to wait years for a case to
conclude. He stated he has learned that a good judge should be fair, respectful and
efficient. The primary is August 28, 2018.
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April 17, 2018
Harry Woodworth, 985 NE 5t" Place, noted one of the sober homes had closed and
gone home. Stated Ocean Palm Plaza also known as Yachtsman Club, met with the
City before Christmas, and has done very little to comply. There was a landscaping plan
which has been in effect since 1993. The landlord paved one of the areas and planted
some grass, but did not irrigate; the grass died. Mr. Woodworth said something needed
to be done about this; the guy was doing absolutely nothing. The City Code has
requirements, which the landlord was not following.
Vice Mayor Romelus said to bring this to the CRA where it can be discussed, she
indicated they could not discuss funding at this venue. Mr. Woodworth stated it was not
a funding issue, this was a compliance issue.
Tim Collins, Fish Depot Seafood Market, came to the Commission to request the City
Manager consider a Land Use Ordinance change. He noted the kitchen which was
being used was in an old air stream trailer, it was not adequate to keep up with the
demand. Mr. Collins indicated container boxes can be used to house his kitchen
equipment. They are using a container in Miami Dade County as well as Broward.
Vice Mayor Romelus requested to add this as a Future Agenda item.
Mr. Collins said beyond a restaurant use, these container boxes can have houses
inside. Ms. LaVerriere stated the staff had conversations regarding these container
boxes. Commissioner McCray asked to provide some information on the containers for
discussion. Ms. LaVerriere stated in the first meeting in May staff will have some
information for discussion regarding the container boxes. Andrew Mack, Director of
Development, advised the best thing to do was to have Mr. Collins meet with staff to
discuss his vision.
Herb Suss, 1711 Wood Fern Drive, noted on June 2, 2018 the City will see the CERT
people in action. He has always spoken about climate changes; there was a current
which goes up the east coast that will cause a major effect on the climate. He informed
the Commission Madeline Albright has just written a book on Fascism. He said one
broadcasting company now owns 70% of the Nation's news stations. Mr. Suss asked
about the status of the Police Chief search
Ms. LaVerriere replied the application submittal period ended April 2, 2018. A review of
the applicants will begin by the end of June.
Vice Mayor Romelus saw no one coming forward, Public Audience was closed.
Vice Mayor Romelus recognized the City retiring staff member Jeff Livergood and
recognize a staff member of Lois Frankel's office
Ms. LaVerriere stated next Friday is Mr. Livergood's last day. She stated Jeff was her
go to person when institutional knowledge was needed. As part of Jeff's retirement he
has purchased a travel vehicle. He has named the vehicle the beast.
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Mr. Livergood said the lettering BEAST -Brad's Education Account Spent trekking. His
son had made him very proud as a father. He recalled there was a project he was
involved on a steering committee where the City established its values; diversity,
integrity, stewardship and creativity. The values are not spoken about as much; we are
well served to be reminded of those core values. Getting employees to think for
themselves and not being criticized for new ideas.
Commissioner McCray noted it has been a pleasure to work with Jeff and hoped he
enjoys his retirement.
Commissioner Casello said Jeff has always made him look like a rock star. Whenever
there were any issues, they were taken care of immediately. Jeff has always thought
outside of the box. He taught his employees to think outside the box. He had made
Boynton Beach a better place.
Commissioner McCray told of a time when Jeff had taken the doors off at Sara Sims
Park; when asked what he was doing, he said he was thinking outside the box. I told
him to get back in the box; they had a great laugh.
Commissioner Katz wished Jeff well and indicated the highest compliment an employee
can be paid was to be called professional, which means someone who does what was
expected and goes above and beyond and does it well. Commissioner Katz said no
one could be critical of the work which Mr. Livergood has done for the City of Boynton
Beach.
Mr. Livergood noted the City was in good hands. He had an awesome opportunity at
the City of Boynton Beach.
Vice Mayor Romelus said at her first budget meeting she got a little riled up, Jeff came
to her after the meeting and gave her the best compliment "she got it". Jeff, you are
one of a kind.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on
City advisory boards.
The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu
(N/V Stu) openings exist:
Arts Commission: 2 Alts
Building Board of Adjustments & Appeals: 2 Reg and 1 Alts
Employee Pension: 1 Reg
Senior Advisory Board: 1 Reg and 2 Alts
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Vice Mayor Romelus stated there were no applicants for any of the vacant positions.
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
Vice Mayor Romelus pulled item 6-D.
A. PROPOSED RESOLUTION NO. R18-060- A resolution amending Resolution
R92-96 relating to the water, wastewater and stormwater utility system..
B. PROPOSED RESOLUTION NO. R18-061 - Approve amending a 60 -month
agreement for the purchase of WAN network connectivity services from Comcast
Business Communications, LLC for $8,000 a month, utilizing the General
Services Administration (GSA) contract # GS-35F-184BA. The City is allowed to
purchase from this GSA contract.
C. PROPOSED RESOLUTION NO. R18-062 - Authorize the City Manager to sign
Task Order R13-063-12 with CH2M HILL Engineers, INC. for technical
assistance in the preparation and approval of the Operational Permit for Aquifer
Storage and Recovery Well #2 (ASR 2) in the sum of $58,538.24 utilizing our
existing contract for Hydrogeological Consulting Services, RFQ No. 029-2821-
13/DJL.
D. Authorize the purchase of the following: Total Response Call Handling Solution
from Power Phone, Inc. of Madison, CT in the amount of $64,588.00 as a Sole
Source vendor. The purchase of Microsoft SQL Server Standard from Software
House International (SHI) in the amount of $5,179.58, utilizing State of Florida
Licensing Solutions Providers(LSP) of Microsoft Software and Services, term
contract # 43230000-15-02. All costs to be reimbursed by Palm Beach County
911.
Captain Kelly Boynton Beach Police Department, and Captain McNiven, explained this
purchase was for replacing ProQA and Aqua Software which provides dispatchers with
pre -arrival instructions for callers with a medical emergency. This program was
extremely rigid and has arbitrary standards which have nothing to do with patient care,
often requiring dispatchers to ask questions which have nothing to do with a caller's
emergency. If the dispatcher deviates from the listed instructions, the call is considered
non-compliant which makes getting the Dispatch Center accredited through IAED. The
current program is also one dimensional as it only provides instructions for medical
calls. Power Phone provides 90 plus integrated protocols for police, fire, and medical
calls. The program is completely customizable to the agency which allows the City of
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April 17, 2018
Boynton Beach to make modifications to fit the citizens of Boynton Beach. The
protocols provided are guided, but also flexible to be able to adapt to the ever changing
conditions a caller provides. Captain Kelly said no call was the same and this program
allows for that adjustment to specific situations without being considered non-
compliant. The program pulls up specific pre -arrival instructions for each individual
situation, instead of requiring the dispatcher to make additional choices. This requires
less time and is much more efficient. The entire project was completely reimbursable
through Palm Beach County 911.
Vice Mayor Romelus stated this would be free a solution and provide better efficiency
for the Police Department.
Motion
Commissioner McCray moved to approve. Commissioner Casello seconded the motion.
Vote
The motion unanimously passed.
E. Approve reduction of a restoration surety, by the amount of $97,814.40 for the
completion of the clearing and grubbing of the Cortina at Boynton Village Phase
2 project.
F. Approve utilizing the School Board of Charlotte County Florida Contract #15/16-
602MP(R2) with Wabash Valley of Silver Lake, IN, for the purchase of park
benches in the amount of $64,105. The School Board of Charlotte County's
procurement process satisfies the City's competitive bid requirements.
G. Accept Surtax Capital Project Status Report for second quarter of FY 2018 -
January thru March 2018.
H. Accept quarterly report on red light camera program (Jan 2018 -Mar 2018).
I. Approve adjustments to project budgets for the attached Surtax projects that are
part of the approved FY 17/18 budget.
J. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund
and the Utilities Fund for the four (4) month period ended January 31, 2018.
K. Accept the Fiscal Year 2017-2018 Budget Status Report of the General Fund
and the Utilities Fund for the five (5) month period ended February 28, 2018.
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L. Accept the written report to the Commission for purchases over $10,000 for the
month of March 2018.
M. Legal Expenses -March 2018 -information at the request of the City
Commission. No action required.
N. Approve the minutes from City Commission meetings held on March 20 and April
3, 2018.
Vice Mayor Romelus requested a motion to approve the Consent Agenda as amended.
Motion
Commissioner Casello moved to approve the Consent Agenda as amended.
Commissioner McCray seconded the motion.
1v[•Tn
The motion unanimously passed.
7. BIDS AND PURCHASES OVER $100,000
A. Approve utilizing the Palm Beach County contract (Bid #WUD 16-001/VMG)
extension through March 14, 2019 with Aquifer Maintenance and Performance
Systems, Inc. (AMPS, Inc.) of West Palm Beach, FL with the same terms,
conditions, specifications and pricing. This contract will be utilized for well
rehabilitation services on an AS -NEEDED BASIS, with an estimated annual
expenditure of $300,000. Palm Beach County complied with Public Contract Bid
requirements equal to or exceeding the City of Boynton Beach's requirements..
Vice Mayor Romelus requested a motion.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
B. PROPOSED RESOLUTION NO. R18-063 - Authorize the City Manager to sign a
proposal with Routeware, Inc. of Portland, OR, utilizing the HGACBuy Contract #
FL03-17 for the purchase of onboard computing system for installation in Public
Works Solid Waste vehicles for the amount of $92,827.00 plus travel costs not to
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exceed $7,500. In addition to the purchase cost there will be a monthly
maintenance fee of $10,092.92 for an estimated annual expenditure of
$121,116. The HGACBuy cooperative's bid process satisfies the City's
competitive bid requirements.
Jeff Livergood, Director of Public Works and Engineering, explained the City of
Boynton Beach was doing things the old fashion way. He informed the Commission if a
truck becomes disabled and cannot finish the route, another truck will be dispatched to
complete the route. Because of communication, streets can be missed and customers
call in to ask why their trash was not picked up. Mr. Livergood explained Automatic
Vehicle Location systems (AVL) are being used by many different companies. The
benefits of photographs of what was being seen on the road will help the City eliminate
some costs of returning to homes to pick up trash which was missed.
Commissioner McCray asked if there would be a charge to the residents to come back
to get the garbage. Mr. Livergood responded at this time a decision has not been made
to charge citizens to return for pickups. There may be some options of charging in the
future. He indicated maybe give the customer a one-time waiver of charges to pick up
trash which was not placed outside. He stated this can be used as an education tool,
for both the driver and the citizens.
Davidson Monestime, Solid Waste Manager, said there was a perception of service
failure on the side of the driver. If the driver can take a picture, automatically loads to
the software, the driver and the City are cleared of any failure. The customer will be able
to review a photo with a time stamp. This will be an education for the customer as they
realize the trash was not out at the required time and would need to wait until the next
pick up.
Mr. Livergood provided background information regarding Routeware. Noted Routeware
has more than 18 years focused on improving efficiencies in the Waste Hauling
Industry, Headquartered in Portland, OR. The Company has thousands of trucks at
hundreds of locations throughout the U.S. and Canada. The City will know where the
trucks are at all times. Mr. Livergood explained some of the reports through Routeware
were Idle times, driver behavior, dispatching, safety, and fuel consumption. The City will
know the speed at any given time, whether or not the vehicle was speeding. This will
not be used as disciplinary tool, but will be used for teaching. Each driver will have a
tablet which will give up-to-date information.
Commissioner McCray requested clarification of the travel costs. Mr. Livergood
responded the vendor will be travelling to the City of Boynton Beach for onsite training
and the City will be paying for the company travel expenses.
Commissioner McCray asked if all of the trucks have this software. Mr. Livergood
responded they will, except the supervisor vehicle.
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Mr. Livergood explained the office sees the status changes by color. The Color allows
the office staff to see if there was any idle time and if so where and why.
Mr. Monestime stated the driver's workbook will allow the driver to add new work orders
without having to write down the information. The screen allows the driver to see all
work orders. Mr. Monestime said this was a paperless system.
Commissioner McCray asked how fast the trucks were allowed to drive and use the
system at the same time. Mr. Monestime stated there was a threshold for 5 miles per
hour. He indicated changes cannot be made if the truck was in motion.
Mr. Livergood noted with the fleet automation there was a higher efficiency, safer driver
performance optimized through better training, more pickups per route per day,
additional revenue from extras and added customers.
Commissioner McCray stated this would be an added bonus. Mr. Livergood replied
there will be real time status updates, throughout the day, service verification, fewer
customer calls, less overtime, reliable and accurate communication. There will be turn
by turn directions. Each truck would have cameras mounted, to provide photos within 15
seconds. He stated everyone wins. There will be fewer mistakes. The supervisors no
longer need to trail the trucks to make sure the entire route have been completed.
Commissioner McCray said he has concerns about the photos of the property. Mr.
Livergood stated the photos would be stored in the cloud. He would caution the
residents to wear clothes when taking out their trash.
Mr. Livergood noted they worked with the City IT staff and they were excited to have
this into place. This is familiar technology with easy deployment. This will help with the
recycling as well. The program can track how much recycling was actually picked up.
This was a high tech solution; this has been placed into the budget next year to add the
street sweeper.
Commissioner McCray asked how many street sweepers the City has. Mr. Livergood
stated the City currently has one street sweeper.
Mr. Monestime stated the software used with Waste Management was called onboard
computing. The most important aspect was reporting for idle time reporting. Explained
this system will allow for some changes in which sites are selected which has faster
times and are better for disposal.
Vice Mayor Romelus stated this seemed to be a great program.
Commissioner Casello asked if annual monthly maintenance fee of $10,000 was a
locked in figure. Mr. Livergood stated this amount was locked in for the term of the
contract.
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Ms. LaVerriere explained the purchase was being funded out of the Sanitation Fund
versus the General Fund.
Commissioner Casello stated there must be a better way of having a one man operation
for the recycling. He has seen one driver doing both the driving and putting the recycling
bins into the truck.
Mr. Monestime said there was a better way; but at the present time Palm Beach County
uses a split stream system. There is a single stream system which allows for one truck
to take all recyclables and separates.
Vice Mayor stated there was a truck which can pick up both of the recyclables and
separates the recyclables.
Mr. Livergood explained there were two issues, one being manpower and the method of
disposal of the recyclable product. He stated some counties have a single stream,
which means all recycling goes into one truck; recycling are not separated. Palm Beach
County has split streams which mean they have the blue and yellow bins, they need to
be separated and the truck needs to separate the recycled product prior to being placed
in the truck. The second issue was manpower; there was one staff member who
performs both duties as driver and picker. Having one driver reduces overtime.
Commissioner McCray asked when the Commission can expect an update regarding
how well this software was doing.
Mr. Monestime noted 6 months was a reasonable time to address the software's
efficiency.
Commissioner McCray asked if this timeframe was sufficient. He indicated when the
Commission allocates this amount of money for a project, they need to know that the
system was working.
Mr. Monestime stated 6 months was a fair timeframe. Stated AVL has proven to be very
successful in other counties.
Mr. Livergood stated he would encourage the Commission to sit down with staff and go
over the reports from Routeware.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
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8. PUBLIC HEARING
April 17, 2018
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 18-005 - SECOND READING - Approve
Telecommunications in Public Rights -of -Way (CDRV 18-001) - Amending Part II
Code of Ordinances Chapter 25.1 Communications Facilities in Right -of -Way for
consistency with the State's Advanced Wireless Infrastructure Deployment Act.
City -initiated. (Tabled May1, 2018)
B. Approve Major Site Plan Modification (MSPM 17-001) request for 104 Multi-
family rental units and associated recreational amenities and site improvements,
as well as a request for four (4) setback waivers, located on Lot 52 of Quantum
Park, in the PID (Planned Industrial Development) zoning district. Applicant: John
Lyon, Olen Properties. (Removed)
C. PROPOSED RESOLUTION NO. R18-059 - Approve Second Amendment to the
land development agreement between the City of Boynton Beach and SKYE at
Boynton Beach, LLC and authorize release of surety to bury overhead utility lines
across Federal Highway at SE 2nd Avenue.
Vice Mayor Romules read Proposed Resolution No. R18-059 into the record by title
only.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Vote
The vote was unanimously approved
9. CITY MANAGER'S REPORT
A. Discuss Budget Workshop dates and times: Last year the Commission held a
Public Input Workshop in May then the Budget Workshops in July.
The below dates would accommodate the same meetings for this upcoming
budget cycle:
Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at
Intracoastal Park Clubhouse; and
Budget Workshops at Intracoastal Park Clubhouse;
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Monday, July 16, 2018 @ 5:00 P.M.
Tuesday, July 17, 2018 @ 10:00 A.M.
Wednesday, July 18, 2018 @ 2:00 P.M.
April 17, 2018
Ms. LaVerriere indicated it was that time of year again to begin to start working on the
budget. She noted July 16-18, Budget Workshops at Intracoastal Park Clubhouse;
Monday, July 16, 2018 @ 5:00 p.m. Tuesday, July 17, 2018 @ 10:00 a.m. Wednesday,
July 18, 2018 @ 2:00 P.M. if needed, but they always allow for a third day. The City will
be adopting a tentative millage rate and a Fire assessment resolution. The Mayor last
year added a pre -proposed budget workshop. This proposed budget workshop is set
for May 29th @ 6:30pm, to provide the public the opportunity to provide input prior to
staff completing the purposed budget. During the workshop in July the workshop was
completed, and then the City takes input from the Commission.
Commissioner Casello asked for clarification of the May 29th workshop.
Ms. LaVerriere explained it was a preliminary budget workshop; the public has an
opportunity to provide some input prior to the completion of the proposal of the budget.
Commissioner McCray stated this was an input budget workshop for the citizens.
Vice Mayor Romelus asked if everyone was onboard. There was a consensus.
Ms. LaVerriere said these dates will be placed on the website and the meetings will be
noticed.
10. UNFINISHED BUSINESS
11. UNFINISHED BUSINESS
A. PROPOSED RESOLUTION NO. R18-064 - Accept the transfer of property at
201 NE 1st Avenue from the Boynton Beach Community Redevelopment
Agency.
Vice Mayor Romelus read Proposed Resolution No. R18-064 by title only into the
record.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Vote
The vote was unanimously approved
15
Meeting Minutes
City Commission
Boynton Beach, Florida
12. LEGAL
ril 17, 2018
A. The Mayor has requested that legal update the Commission on opioid and gun
lawsuits that are occurring around the state. Tabled
B. PROPOSED RESOLUTION NO. R18-065 - Authorize the Mayor to sign lease
documents for temporary space needed for City Services to operate during
construction of Town Square project at the following locations:
2045 High Ridge Road - for the Library
209 N Seacrest Blvd - for Library Annex
3301 Quantum Blvd - for City Hall
3602-3606 Quantum Blvd - for Police Headquarters
Vice Mayor Romelus read Proposed Resolution No. R18-065 by title only into the
record.
Attorney Cherof indicated there may be additional language in the body of the
Resolution, which indicates there maybe one sublease with an assignment of lease to
avoid any penalty associated with the sublease.
Commissioner McCray explained when the Commission does something of this
magnitude the public should know where these funds are going.
Tim Howard, Assistant City Manager, explained the four leases are unique and
different. Each lease has a different expiration date. The intent in the plan was to
stagger the move. The library will move first than the Police station.
Mr. Howard stated the lease at 2045 High Ridge Road was for the Library, will be a 20 -
month lease. The Library on High Ridge Road and the Annex located next to the post
office. The Main Library site is 23,000 square feet. The monthly estimated rental was
$25,975. The rent will began on June 1, 2018, this would house the main part of the
Library.
Commissioner McCray asked the total cost for the City for the Main Library.
Ms. LaVerriere indicated the total estimated cost for the Main Library was $519,500.
Vice Mayor Romelus asked if this will be a fully operational library or will there be a
limitation with the number of books available for the Public.
Mr. Groff, Assistant City Manager, stated the main Library temporary location would be
a fully operational library, minus some of the programs which are prohibited from being
done from a temporary space. There will be fully stacked area of books, DVDs, sitting
areas and computer areas. There was some things which could not occur at the
16
Meeting Minutes
City Commission
Boynton Beach, Florida
April 17, 2018
temporary Library. The annex space will have limited services. The Library would be
able to offer 95% of the services being offered presently.
Commissioner McCray asked where the Library archives will be housed. He
understands there must be some environmental concerns for the archives. Mr. Groff
stated there would be an area set up for the archives set up with the air-conditioning.
Vice Mayor Romelus asked if the online High School program for the library will be
available. Mr. Groff stated the High School program will continue.
Vice Mayor Romelus requested an explanation on why the Library annex was being
moved in the downtown area.
Craig Clark, Library Director, explained the City decided to keep the program in this
area because most of the children. He stated 1-95 was a barrier for children walking
across that area. This would be more of an afterschool/ homework help site. There will
be some computers and some collections. The Library Annex will be limited; the
building was only 4,000 square feet. There will be Storytime in the morning. The
temporary site on High Ridge will not be able to have any type of programs at the
temporary site. The City was taking a 63,000 square foot building and placing it into a
23,000 square foot space. There will be books open to the public, assisting customers
with some computers to use; not as many as they have right now.
Commissioner Casello asked how many children live on the other side of 1-95. He
wanted to know where those statistics were coming from.
Mr. Clark stated he believed most of the kids are from the Heart of Boynton, most are
dropped off by busses, walk or ride their bikes to the Library.
Commissioner Casello asked how many, site locations were investigated before the City
decided on this particular site.
Mr. Groff stated the challenge with this move was the City was looking for short-term
leases. When the search began there were over 30 buildings for consideration. The
good thing about Boynton Beach was there was not a lot available space. What was
found were new buyers and subleases. Mr. Groff explained for the Police Department
they needed to go out a second time to secure a lease. Most commercial space does
not want to have short term leases.
Commissioner Casello asked if the City will be charged during the buildout. Mr. Groff
responded the City would not be charged during the buildout. The goal was timing the
leases with the timing of the construction schedule.
Commissioner McCray asked how many staff will be housed at the Library Annex.
17
Meeting Minutes
City Commission
Boynton Beach, Florida
April 17, 2018
Mr. Clark replied there will be three AmeriCorps staff, four full-time youth services staff
and maybe a couple of part-time staff to support the full-time staff members.
Commissioner McCray inquired what happens if the City buildings are not done within
those twenty months.
Mr. Groff explained all of the leases have extension which the City can exercise if
needed. Extra time has been built in. Mr. Groff indicated he was very comfortable with
the schedule.
Commissioner McCray asked if something happens with building City Hall, Police
Department or the Library and they are not able to move because the Contractors do
not meet their deadlines, who will pay the extended lease payments. He asked do the
Contractors pick up those payments. Mr. Groff replied there are liquidated damages in
the contracts. If the contractors do not meet those timeframe, they would pay those
deadlines and those damages are used to pay for the City damages such as extended
lease payments.
Mr. Howards indicated the lease at 209 N Seacrest Boulevard for the Library annex, the
monthly rent was $8,360 for a total of $167,200 for the 20 months.
Mr. Howard noted the lease for 3301 Quantum Boulevard was for City Hall and City
Services, except for the Police Department or the Commission Chambers.
Commissioner McCray asked where the Commission will hold their meetings.
Mr. Howard stated they are looking at a couple of locations, the Intercostal Park
Clubhouse, the Woman's Club, or Fire Station Five in the big training room. Staff was
still deciding on where the chambers will be located.
Commissioner McCray asked how the residents will pay their water bill. Mr. Howard
indicated this was being worked on; the payments will be taken at the temporary space
for City Hall. Noted staff was looking for additional locations in the downtown area.
Mr. Howard said the lease for City Hall located at 3301 Quantum Blvd, will have 23,000
square feet and the monthly rent is estimated at $42,166, the yearly total is $1.12M for
24 months. Mr. Howard explained those rental payments will be budgeted for in the
upcoming budget process.
Mr. Howard said the last lease was for 3602-3606 Quantum Boulevard for Police
Headquarters. The size of the space was 27,300 square feet at an estimated rental cost
of $24,501 and a yearly cost $588,042 will begin August 1, 2018.
Ms. LaVerriere indicated the total cost of $2.286M for all building for 20-24 months.
W -P
Meeting Minutes
City Commission
Boynton Beach, Florida
April 17, 2018
Vice Mayor Romelus asked if this cost included the $250,000 for the Police
Headquarters retrofit. Ms. LaVerriere indicated this was only for the rents.
Mr. Howards stated in addition to the rents for the different spaces, for the main Library
site, there was some buildout which was needed. There was an estimate of $25,000
which was a one-time cost. For City Hall there was some buildout which was required.
There was an estimate of $46,000. This lease has a tentative improvement allowance
from the landlord of $46,000. This would be an even swap. The Police Department
buildout was being estimated at $250,000.
Commissioner McCray noted with the rent and buildout the City was looking at $ 2.8M.
How would the City handle people coming to the Police Department, and how would
they know where the temporary police station would be located.
Mr. Groff stated this was a concern; the City needs to do marketing. He stated a lobby
will be made available for the citizens. There will be some signs on the building. It
maybe a little bit more difficult where to find the Police Department, there will be a very
nice lobby, the same services will be offered at the temporary building.
Vice Mayor Romelus asked if there would be signage at the current location.
Mr. Groff replied there will be some temporary signage. Once the building was
demolished, the area will be fenced with instruction and direction explaining where the
City Hall has moved. Usually within 6-8 months must people will get into the flow.
Vice Mayor Romelus opened up to Public Comment.
Susan Oyer 140 SE 27 Way, requested to see some maps of the proposed leased
buildings.
Ms. LaVerriere indicated the approval was needed.
Herb Suss, 1711 Wood Fern Drive understood the need for the Police station and City
Hall but not for the Library. Inquired as to the distance between the Library annex and
the main Library.
Mr. Howard replied the distance was 2.6 miles from the Library annex to the temporary
main Library.
Ms. Suss said the Libraries are separated by 2.6 miles. He was worried about the
children. He indicated the City has a Library which was fairly new. He indicated the
Commission was moving in the wrong direction. There must be a way in which to
construct a Town Center and not demolish the Library. The Library was a fairly new
building. He asked if there has been a traffic study.
19
Meeting Minutes
City Commission
Boynton Beach, Florida
April 17, 2018
Vice Mayor Romelus explained this was a temporary location, so the City did not need
to have a traffic study. Vice Mayor Romelus stated the Library Annex was located in
this area with the intention of keeping the kids in the area. The children will not need to
travel to High Ridge nor go to 1-95. Mr. Suss stated this was a waste of money that the
City built the Library.
Commissioner Katz explained the cost to remediate the problems in the existing Library
structure plus the opportunity cost of the loss value of developing the land was
substantially higher than repairing the structures and leaving the structure there. The
City will save millions of dollars by demolishing the structure and rebuilding and allowing
more development as opposed to having one structure existing and needing repairs
because of water intrusion and other issues.
Commissioner McCray noted he has the same concerns regarding the Library. He said
he previously asked Mr. Livergood if that was a good time to add onto the Library and
was told it would be. He stated he was not happy about demolishing the Library. He felt
it was a waste of taxpayers' money. He worked hard for this Library with Virginia
Ferace. The only problem he had was why the Library did not face Seacrest Boulevard.
Commissioner Katz noted no additional taxes would be raised above and beyond
existing revenue from the CRA and the City of Boynton Beach.
Commissioner Casello asked if the City of Boynton Beach reached out to other law
enforcement facilities regarding using their facilities as holding cells.
Acting Chief Kelly Harris explained the City of Boynton Beach needs the temporary
facilities in-house so the officers can interview and process prisoners. The City would
need to stand in line with every other agency. This would delay the processing time.
Commissioner Casello stated the City has not reached out to the other agencies.
Acting Chief Harris noted the City has worked directly with the Sheriff office on previous
occasions, such as DUI's as well as other arrests. Acting Chief Harris stated the reality
was the temporary time frame to ask the Sheriff department to put the City at the head
of the line, PBSO was not willing to do this. There are other agencies which bring their
prisoners to PBSO in order to process prisoners.
Motion
Commissioner Katz moved to approve. Commissioner McCray seconded the motion.
Vote
3-1 (Commissioner Casello dissenting)
20
Meeting Minutes
City Commission
Boynton Beach, Florida April 17, 2018
C. PROPOSED ORDINANCE 18-006 - SECOND READING - PUBLIC HEARING -
Approval of Ordinance amending Section 18-164 of the Code of Ordinances to
provide for mutual consent regarding use of the 185 money; amending
Section 18-169 to add normal retirement age definition for members who retire
with (20) years of service only retirement, to provide for payment of death
benefits to a designated beneficiary in the event that there is no spouse, and to
add ten year vesting for Police Officers hired on or after October 1, 2016; adding
a new Section 18-178 to add a rehire after retirement provision. (Tabled)
Attorney Cherof requested the Commission table this item to the next meeting, there are
two housekeeping items which the City does not have proof of compliance.
Motion
Commissioner McCray motioned to table. Commissioner Katz seconded the motion.
Vote
The motion unanimously passed.
13. FUTURE AGENDA ITEMS
A. Update Commission on topic of dogs on beach - May 1, 2018
B. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC d/b/a
Florida Textile Recycling Program for an exclusive City -Wide program - May 1,
2018
C. Staff to review PBC Ordinance on Panhandlers - May 2018
D. Staff to bring information concerning the following land parcels for the
Commission to review - TBD
Nichols Property
Rolling Green
Girl Scout Park
E. Commissioner Katz has requested the City Attorney to provide update on
legal issues with QPODD-TBD
F. Staff to bring back to Commission results of negotiation with property owner a real
estate purchase and sale agreement between the City of Boynton Beach and Brittany
Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. — TBD
G. Staff to report on the possibility of the City beginning a Bike Share Program -
TBD
21
Meeting Minutes
City Commission
Boynton Beach, Florida
14. Adjournment
Motion
April 17, 2018
There being no further business to discuss, Commissioner Katz moved to adjourn.
Commissioner McCray seconded the motion.
Vote
The motion unanimously passed. The meeting was adjourned at 8:28 p.m.
(Continued on next page)
22
Meeting Minutes
City Commission
Boynton Beach, Florida
ATTEST
Queenester Nieves
Deputy City Clerk
23
April 17, 2018
Mayor - Steven B. Grant /
Vice Mayor,istina Romelus
L
misgioner —
missiolh�ack McCray
Commissioner - Joe Casello
'f/i7/ i
WATER CONSERVATION
• WORKSHOP
Wednesday, April 25
5:30-7:00 pm
BYNTON Intracoastal Park Clubhouse
2240 N. Federal Highway
BEACH Boynton Beach
• Receive a FREE Water Conservation Kit !
• Enter to win beautiful native plants !
• Enjoy refreshments
• Play family games and activities
• Learn indoor and outdoor water-saving tips,
Florida Friendly Landscaping ideas, and how
we keep your water safe and healthy
.ed
\ FMLOASTIEA
t, GARDENER "-
11":
°s 4'
Native Choice
NURSERY
For more information, call the City of Boynton 0 0 0 Go d
Beach Office of Sustainability at (561) 742-6494
or email HarveyR@bbfl.us.
boynton-beach.org/go-green
For accommodation under the ADA,
#t please call (561) 742-6241 or #GoGreenBoyntonBeach
(TTY) 1-800-955-8771.
. 2-/ 117/g-c/e . ,v,,,„„
global briefs Clear Gain
-- Window-Like Solar Cells Could Power •
• `Sink' Setback 40 Percent of U.S. Needs
Tropical Forests Releasing Excess Carbon • Solar energy is now the cheapest form of new energy in
A study published in the journcience dozens of countries,with record-setting solar farms
found that forests across j . }� being built worldwide.Researchers have been
Asia,Latin America investigating ways to make transparent so-
and Africa release : lar panels that resemble glass that could be
468 tons of carbon '7 - x used as window panels at the same time as _
per year,equivalent to nearly �'' t " - convertin the light that shines on them into ;,
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• 10 percent of the annual U.S. t electricity.
carbon footprint.Thus,tropical „ a= T' f "Highly transparent solar cells
mayno longer be act- -4-11':'''-_--.--_'
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forests g .� �. :',,-.*:-.-.)r..-,4',,,':-
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ing as carbon sinks and could new solar applications,"explains materials
be releasing more carbon than they store. 1 • � ��
scientist Richard Lunt,Ph.D.,from Michigan
Lead author Alessandro Baccini, with ,,..'=a ' , State University. "We analyzed their p.oten-- i
the Woods Hole Research Center, in Mas- :- # ``� ''i-,,,,{1:::- tial and.show that by harvesting only invis-
sachusetts, says, "These findings provide the ;� ible light,these devices have the potential
world with a wake-up call on forests. If we're to :� ' of generating a similar amount of electricity
keep global temperatures from rising to danger- _ .,4_,
.:',,,71.-, as rooftop solar while providing additional
ous levels,we need to drastically reduce emissions . functionality to enhance the efficiency of
and greatly increase forests'ability to absorb and .z, J' buildings,automobiles and mobile electron-
store carbon." ics." .
k _ As reported in Nature Energy, his team has devel- -
Researchers think nearly 70.percent of this loss � p p
of carbon storage capacity is caused by small- . - oped a transparent, luminescent,solar concentrator that
scale degradation from logging,drought and looks like clear glass,covered in small, organic molecules
z^ adept at capturing onlyultraviolet and near infrared
wildfire.Researchers say that policies to curb P p 9
V deforestation, reduce degradation and restore4Th wavelengths of light.The visible light that enables human
the integrity of the land could turn forests back - � � . , , vision isn't obstructed, so we can see through the cell. if
into carbon sinks. scaled up to cover the billions of square feet of glass 1
surfaces throughout the U.S., it could potentially
,# _- supply about 40 percent of our country's energy
Distributed Powers needs.
Energy Users Control •
Own Supplies ' '4--"- -"'*- Scientists' Security
Some municipalities spend between 20 France Welcomes Beleaguered
and 40 percent of their annual budgets on the energy needed
to operate wastewater treatment plants.The city of Thousand Climate Researchers
Oaks,California, has transformed their biggest energy user French President Emmanuel Macron awarded 18
into an energy generator.Across the U.S.,energy users of all climate scientists from the U.S.and elsewhere millions
sizes are taking control of their power supply and relieving of euros in grants to relocate to his country for the rest
stress from the grid.That's the idea behind distributed energy. of Donald Trump's presidential term. Macron's"Make
Atlantic Re:think and Siemens have partnered to explore this Our Planet Great Again"grants are meant to counter 1
burgeoning energy revolution.View a video at Tinyurl.com/ Trump's intent on the climate change front following lj
• TheThousandOaksSolution. V his declaration to withdraw the U.S.from the Paris j,
climate accord.
One winner, Camille Parmesan, of the Univer-
t sity of Texas at Austin, who is working at an experimental
'` • +�
ecology station in the Pyrenees charting how human-
made climate change is affecting wildlife,-says that in the
U.S., "You are having to hide what you do."
26 Palm Beach Edition . napalmbeach.com . ..
Transforming Plastics
1
Mobile Trashpresso Turns Trash into Tiles ; / .f ,,. • 1 1 -
UKfurniture and design company Pentatonic has inventedFll t '''r
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the Trashpresso, a solar-powered, mini-recycling i �'- '► t ,
\ plant that transforms plastic waste into usable ,; i. }
_ _ "/1t/�;, architectural tiles. Pentatonic doesn't use ., �.
raw goods that create excess waste
because they are committed to using ‘ Viii-fj _
materials for their products that
incorporate some element of `,'�^
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_ recycling, says co founder Jo- HAIR � �'�
hann Bodecker.They want their t
products to be reusable,too, so ECO"r RI tNpLY -ON
. . they don't use glues, resins, paints or
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formaldehydes to create them, a Philos-
ophy that influences all company decisions. _
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places where traditional recycling plants would be
impractical. It sorts, shreds and compresses trash into plastic fibers to create _' ' 1
fully formed tiles.The invention has attracted the f
attention of companies that want to reduce their own contribution to plastic -;.
waste and ocean pollution. Starbucks UK, for example, has commissioned •`
Pentatonic to turn their coffee shop waste into furniture, including bean bag J
`chairs produced from plastic bottles and cups. ) PERSONALIZED'
Top Pol I uters # SERVICES A PRODUCTS
TRULY
Just 100 Companies Emit HOLISTIC APPROACH
Most Global Emissions
' •• Moon cutting chart,6alancing
In July 2017, historic new research from envi- S
ronmental nonprofit CDP, in collaboration with haircuts,split ender--Pro.
•
"g'°' ` the Climate Accountability Institute, revealed in aI • Eco-friend) lasting hair
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The Carbon Majors Report that 71 percent of all " dyes,chemical developer free
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` :., , ,; ;-;3. '"' + including substantial species extinction and Boca Raton Ft
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••)". CarbonTop100List. y
561372 5354 iii
natural awakenings April 2018 27
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t global briefs .
Sally
ValentineChinese Chokepoint
,. ;, U.S. Waste Paper Turned Away DO N O T
PhD, LCSW ,!' ,Companies that recycle cardboard boxes were
overwhelmed after record-breaking holiday
Vf Individuals and Couples Therapy shopping online.The U.S.Postal Service esti- -
W Male & Female Sexuality Issues mated it delivered'10 percent more packages in E N T E R
VHypnotherapy 2017 than the year before.Amazon,the leader
Vi Anxiety/Trauma in online shopping, said it shipped more than 5 •
billion items for Prime members in 2017.All of this ,
Life Transitions cardboard is a huge recycling challenge.Americans routinely toss food waste
' Re-energize your relationship and other garbage into their recycling carts,and China,the country that receives
'-ti- Get Unstuck the bulk of these contaminated recyclables, says it has had enough.
Move past your "Past" China, by far the world's biggest importer and processor of recyclables,
V Sexologist and has put the U.S.on notice that'it will begin turning away all but the most pris-
tine used plastics and unsorted waste paper by this fall and early next year.The
Imago Certified Relationship Expert pronouncement has alarmed U.S.government and industry officials, especially
1 W. Camino Real, on the West Coast,that face the challenge of either cleaning up the vast, never-
Suite 202, Boca Raton, FL ending stream of recyclables to meet China's strict standards or finding other
places to dump the messy items—perhaps in landfills.
561 -391 -3305 The uncertainty caused by China's looming ban is beginning to slow down the
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First five clients to mention which ships its waste paper and cardboard to the Chinese mainland,mounds of the
• this ad receive a free gift materials already are piling up at docks and in cargo ships being kept at sea.
•
Waxworm Wonders • '
.
"'"""` Caterpillars Offer Clues to Plastic Cleanup
. ,� Waxworms, a type of caterpillar,are vexing to beekeepers because they devour
• the wax that bees use to build honeycombs. It turns out that they can do the- •
I ::f, ' same to plastic.Ongoing worldwide research reveals several types of bacte-
t'` ? ria found in waxworms that digest some kinds of plastic at rates that vary from
" ` C' - " `c"*•, weeks to months.
ITS TIME TO KNOW WHAT S iii YOUR`WATER 4 Scientist Federica Bertocchini, at the Spanish National Research Council,
IT3S TIME Foil ALL00: �_ mashed up a quantity of the greater wax moth and applied the paste to polyeth-
DRINK HEALTHY,DRINK ALLINI. ylene.After half a day,about 13 percent of the plastic had disappeared.
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water filter,there will be no chlorine smell or
taste-99%will begone,along with any stance is converted into ethylene glycol,a sign that it was genuinely being degrad-
sediment or discoloration,chemical Sr ed.The carbon-to-carbon bonds found in polyethylene are also present in the wax
contaminants and pesticides.
that the caterpillars eat.
We use only the finest blend of Susan Selke,director of the Michigan State University School of Packaging,
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28 Palm Beach Edition napalmbeach.com
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vie Need Trees
Arbor Day More Vital Now than Ever t r s
The 147th annual Arbor Day on April 27 encourages tree planting worldwide Save Wild.Horses
to replenish lost tree cover including trees wiped out in the recent fires in Campaign Update
California and hurricanes in Texas,.Florida and Puerto Rico.The Arbor Day The Trump Administration's Fiscal
Foundation (ADF) is committed to providing 5 million trees in these areas Year 2019 budget again calls on
alone. More than 3,400 U.S. communities will participate as an ADF Tree Congress to lift long-standing
City. Visit Tinyurl.com/USATreeCityDirectory for a current list and criteria for prohibitions on the destruction and
new communities to apply. slaughter of wild horses and bur- l
The ADF Alliance for Community Trees (ACTrees.org) supports tree- ros.The budget seeks to cut ap- 1
growing programs for 200 nonprofit member groups nationwide via funding, proximately$14 million of the Interior
information sharing and forging helpful connections.Trees are much more than Department's Bureau of Land Man- 11
aesthetics,says Program Manager Dana Karcher,who most recently welcomed agement Wild Horse and Burro Pro-
Community Greening, in Delray Beach, Florida, and Outdoor Circle, in Hawaii, gram by selling as many as 90,000
into the fold. "Trees clean the air,are a habitat for animals, retain storm water • federally protected American mus-
and more."An affiliated nonprofit program online at NeighborWoodsMonth.org tangs for slaughter to avoid manage- ,
encourages tree planting each October. ment costs and supply
Billings,Montana,earned the latest Arbor Day Celebration Award after 12 foreign markets with horsemeat. So 'I
elementary schools there engaged in environmental education stations and far, citizens have held the line in favor
180 volunteers planted and pruned trees.Other recent biannual award winners of America's iconic equine heritage.
included California's ReLeaf program and the Atlanta Beltline Arboretum. As Congress discusses appropria- .
The need was great even before the world's forests lost 73.4 million acres tions for 2019, we must continue to
of tree cover in 2016, a 51 percent increase over 2015,due to poor forest man- press our senators and representa-
:agement, climate change-driven drought and fires,says Global Forest Watch. ` fives to stand with the 80 percent of
Hopeful global signs:The largest-ever tropical reforestation project in Americans that demand protection
the Brazilian Amazon aims to plant 73 million trees in the next six years on for these animals.
70,000 acres.A New Zealand participation goal for the Billion Trees Planting Make your voice heard today ":
Programme targets.planting 100 million trees annually for a decade. In July via the online form at Tinyurl.com/
2017, volunteers in Madhya Pradesh, India, planted 66,750,000 tree saplings SaveWildHorsesNow. ( jI
in 12 hours, exceeding the previous record by Uttar Pradesh of 50 million in 24 ;i!
hours,as part of India's reforestation pledge of 2 billion new trees by 2030.
A$10 annual ADF membership fee includes 10,six-inch-tall seedlings to l 1-IOt Std a make a Iandscapc€,
plant or to donate to a national forest. Karcher's paramount planting tip: "Dig I look beautiful. ",
the hole twice as wide and the same depth of the root ball. If it's too deep, it'll -Alice Walker.
suffocate.Give roots space to grow."
natural awaxentngs. April 2018 29
.
9/I 7 #3
ECONOMY POThe sugar cane fiber products
are also more sustainable than
making paper plates from trees,
Disposable . as the cane grows much faster.
"We have to ask ourselves if
items made there is a better way. We have
a solution. We can take a local
crop that grows over 12 feet in
of Glades 12 months,produce homegrown
food and renewable energy and
still have enough all-natural plant
sugar cane fiber to make sustainable prod-
ucts'that displace plastic and Sty-
rofoam and allow the same,con-
Tellus Products LLC's venient,single serving use,but
will go back to the ground and •
manufacturing facility compost within 90 days,"Hoff-
has ribbon-cutting. man said.
"Tellus"is the Latin word for
earth.Hoffman said the compa-
By Susan Salisbury ny's motto is: "From the plants
Palm Beach Post Staff Writer we grow to the products we cre-
ate,we consider the impact to the
BELLE GLADE—Sugar cane grown planet in everything we do.Tel-
in western Palm Beach County lus...Plant...Product...Planet."
now has a completely different Once harvested,the sugar cane
use beyond sugar,molasses and is processed,and the water,sugar,
energy production. - molasses and sugar cane fiber,
Plates,bowls and takeout con- also called bagasse, are sepa-
tainers made from leftover sugar rated.Some of the fiber goes to
cane fiber are being produced for create biomass power, and the
the first time in the United States rest goes to create a slurry that
at Tellus Products LLC just out- is dried.
side Belle Glade. Through forming molds,the
The 120,000-square-foot mann- dried fiber is shaped into takeout
facturing facility,constructed last containers,plates and bowls.Food
year,was launched Tuesday at a service clients will be the first cus-
ribbon-cutting ceremony where tomers,and in a few weeks,Tellus
Gov.Rick Scott,Florida Agricul- will announce how consumers can
ture Commissioner Adam Put- buy its products through a-com-
nam and company officials spoke. coerce.Pricing is expected to be
The venture's partners,sugar comparable to that of good-qual-
producers Florida Crystals Corp. ity paper plates.
and the Sugar Cane Growers Coop Hoffman said 35,000 plates
erative of Florida,have invested can be produced from each ton
$75 million and hired 50 people to of bagasse.
operate the plant.More than 90 The initiative was five years in
percent of its workforce is from ' the making. It began after Rob
the Glades region.The company Sproull,vice president of market-
expects that to grow to$100 mil-
4 ing and product development with
lion and 100 jobs within five years = ASR Group,a company owned by
at the facility next to the cooper Florida Crystals and the Cooper-
ative's mill. ative,saw single-use plates made
Matt Hoffman,Tellus president, from sugar cane fiber at a trade
told the 300 attendees: "Take I show.He was told they were man-
a moment to consider that our ufactured in Thailand and China.
society uses 20 times more pias He pitched the idea to the Coop-
tic than it did in the 1960s,and erative's CEO Antonio Contreras
only 2 percent of that plastic is and Florida Crystals'Executive
actually recycled.Estimates are Vice President and Chief Finan
that by 2050 that number could cial Officer Luis Fernandez.Then
triple and our oceans will con' several years of research began.
tain more pounds of plastic than Contreras said:"When we cre-
pounds of fish. ated Tellus,we had the option to
Plastic items such as plates site it next to anyof our sugar
might be used for only five min facilities in the USA or at ne
utes but can take a thousand years of our factories internationally.
or more to decompose. In the end,we knew there was
06 THE PALM BEACH POST REAL NEWS STARTS HERE 1 SUNDAY,APRIL 1,2018
•
, , a � � ,BUSINESS 'I ' - 1 , �
_ a
i .
%1, - x
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,
' yti ',:t
a g a €1
t
f
I _
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Matt Hoffman,president of Tellus Products LLC,shows sugar cane fiber the company
uses to make packaging and food service tableware products at Its plant in Belle Glade.
Tellus says it is the only company to supply sugar cane-based products that are 100
percent grown and made in the U.S.CONTRIBUTED
Cane "We are generating a tax da-grown jobs."
bill of almost$850,000 each "This is real jobs support-
continued from D1 year.We are creating an eco- ing real families," Putnam
nomic impact of well over said."Our kids don't neces-
nowhere else we would want $100 million,"Hoffman said. sarily have to leave to find a
to continue to invest than Jobs at the plant range good job."
here in Florida,which has a from engineers to mechan- Florida Crystals'Fernan-
wonderful business climate, ics, quality control techni- dez said that sugar cane is
and more specifically,in the +cians and equipment oper- one of the most efficient
Glades communities,which ators.The starting wage is plants at converting sun-
have been our home since $15.84 an hour,with benefits. light to food and energy.
the 1960s." Gov. Scott,who first ran The plant runs on sugar
Last year, the Palm eight years ago on a jobs cane-based power provided
Beach County Commission creation platform, said he by the mill next door.Tellus'
approved an$850,000 prop- especially likes events such office building is powered
grty tax exemption over 10 as Tuesday's in areas where by a 126-panel solar array.
years for Tellus, because it has been more difficult to "Sugar cane could be
it is in the Glades region. grow jobs. called a revolutionary crop
The county said in the eco- "Call all of your friends if it hadn't been cultivated for
nomic development incen- and tell them they need to thousands of years,"Fernan-
ive agreement that the start buying Tellus products dez said. "With the launch
tlades region has poverty as of today,"Scott said. of Tellus, we couldn't be
rates and unemployment Putnam lauded the oper- more enthusiastic about cre-
rates that are,respectively, ation as evidence of tech- atingyetanothersustainable,
double and quadruple the nology and vertical integra- high-value product from our
national averages. tion in agriculture,and said, sugar cane."
The agreement requires, "It's a Florida-grown crop,
the creation of 71 new jobs with Florida-grown technol- ssalisbury@pbpost.com
by March 2022. / ogy, and it's making Flori- Twitter:@ssalisbury
7/0/4* —
iIEIIIIir .. I 'I \\ s 1P, GIIEmhoward@floridatrend com
�
'
Yesterday's 0._
Florida isn't exactly a hotbed of public transportation. into the largely suburban environment of Florida communities.
In the Miami-Fort Lauderdale metro area,fewer than 4%of Rights of way have to be purchased,stations sited and built,
workers commute to their jobs using public transportation, crossings created or upgraded,cars purchased,employees hired.
according to Governing magazine.That's the highest percentage The capital-intensive approach is a bonanza for consultants,
in the state by far.In Jacksonville,that figure is 1.5%;in Tampa- engineers,construction firms,equipment suppliers and,of
St.Petersburg,it's 1.2%. course,developers lucky enough,or connected enough,to own
And the trends don't look good.After perking up for a few land near the train stops.As for whether it reduces congestion,
years during and immediately after the Great Recession of 2008- well...some believe light-rail lines are better at steering
09,ridership has fallen off at most transit systems in the state development than they are at easing congested roads.Ridership
—particularly for bus systems,but also for Tri-Rail and Miami- on the much-ballyhooed Charlotte,N.C.,light-rail line,which
Dade's Metrorail,which serve densely populated areas of the opened in 2007,has stagnated,and ridership on the city's bus
state where transit should have the best chance to succeed.The lines,which weren't redesigned to integrate with the rail,fell
SunRail commuter system in Orlando,three years after it began by 7%in the first half of last year.Rail is given high marks for
running,continues to underperform,with about 1,000 fewer helping redevelop parts of the city along the line,however.
riders a day than expected.Projected to have a$7-million annual In Florida,cheaper options to rail are usually a second choice.
deficit—borne now by the state,soon by counties in Central In Tampa Bay,voters rejected two light-rail referenda,and a
Florida—the system is losing$30 million a year. third failed to get past the Hillsborough County
'
The reasons typically given for falling ridership N e a rl two-thirds of Commission,before transit consultants began
are that gas is cheaper and that,post-recession, looking at an alternate approach.They recently
more Floridians can afford car payments and Americans say they released plans for a 40-mile rapid bus line,with
insurance premiums because they've returned its own lanes and fixed stops,from a Hillsborough
to work.But shouldn't more drivers and more never take public County suburb through Tampa to downtown St.
congestion prompt more people to take transit? transportation. Petersburg.Consultants who presented the bus
Indeed,the fundamental problems with public plan made a point of saying the bus would be
transportation in Florida,and in most places more comfortable than typical city buses and be
with low population densities,have to do with "rail-like."They are so sensitive to the stigma that
convenience and quality:You can't get there from where you are; attaches to the word"bus,"in fact,that they bend over backward
or you can't get there when you want to.It takes too long,and even to find other names for it.
if it doesn't,the typical city bus is a rolling stay-away message to The"cheaper"rapid bus line still isn't exactly a bargain for
anyone with the barest expectations of comfort or amenity. taxpayers—$455 million instead of$4 billion(pre-overruns)
A personal case in point:I live and work within 50 yards of for light rail.That's more than$100,000 for each car the bus line
bus stops.A few years ago,I decided to take the bus for a week. will take off the highways if ridership projections pan out.And it
The route to work was short,arrow-straight and required no was clear from officials'comments that they view rail as the next
changes.The bus drivers were congenial;the rides uneventful. step if the bus attracts ridership.
But a four-mile ride through one of the lightest traffic areas of The truth is that the Florida cities that have avoided building
St.Petersburg took about twice as long as it takes me to drive rail,and their taxpayers,may have dodged a fiscal bullet.With
and park and didn't save me any money.The bus was clean,but the first autonomous vehicles expected to come into play with
so spartan,so colorless,that the rides,while utilitarian,could ride-sharing services by 2023,investments in the comprehensive
never really be pleasant.There was nothing about the experience mapping required for those vehicles maybe just as productive
calculated to entice casual riders like me to make the bus a real as planning for rail.Cities may also want to consider better
transportation option.(Or to make regular users of the bus feel synchronization of traffic lights,redesigned bus routes,
like customers rather than cargo.) employer-sponsored routes and incentives for employers to let
It has become an article of faith among many in the business, more workers work at home.
media and political classes in Florida cities that"something needs To be fair,there's plenty of evidence that Americans will use
to be done"to beef up transit.Government officials say they're alternate modes of transport if they see value and utility.But
responding to clogged roads.Economic developers say companies getting suburbanites out of their cars into public transportation,
considering relocating to Florida are demanding transit options light rail or otherwise,won't be easy.A Brookings study released
for their employees,particularly Millennia's.The media love last year found that,since 2000,the only statistically significant
government solutions to everything(and then love complaining changes in how people commuted involved fewer people
that the solution is failing because it isn't funded adequately). carpooling and more people working from home.
But along with the belief that something has to be done is an According to the study,"even with all the roads widened,
approach that prioritizes 19th-century technology—the first option transit lines built,ride-hailing services launched and bike share
communities study when considering transit is almost always light systems introduced,we're still looking at the same fundamental
rail,ribbons of steel rail that have to be retrofitted at enormous cost distribution of commuter choice."
lommemmier
88 MARCH 2018 FLORIDATREND.COM photo:Mark Wample
AROUND THE STATE ■MIAMI BEACH
II dIIAMII = 1D)AID)L e M I.ME KEYS 1
1 Volunteers
.By Rochelle Broder-Singer miamiiats@gmail.com build a l
250-sq.-ft. home
in Argentina I
'.` ,:'.<',.': ,,, 'Z ,s'ii a , ,r' 1i < through the Techo
t•i' .•i
r t,x rw I program. i
'` y f„ non-profit Techo,which
ri " # Y 1 - , ' builds small transitional
ir-1.(h , I ;i Um":' , A homes for families in
I =' • •,s • I t �'"` j need.Klein,a Techo
USA board member,
-: !I._ arw created Home4Home.
WO ill.
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4 ?� ;; become part of the
N� l _ — ���`+ ;`'i` Home4Home program
�� donate money to Techo
'"i� • � � VoZica
,rr each home the
�� builder sells in the U.S.
L
V A home builder in the
` .:
, program can position
itself as an agent for
social change and make
a connection with the
Innovation buyer that goes beyond
the sales transaction.
I • U Klein kicked off the
Home Buldng , 3w .
(..., s concept with his own
cash,committing to
building Techo's 250-sq.-
ft.homes,initially in his
/1", native Argentina. Each
, for a Cause .
small home costs an av-
erage of$2,500 in Latin
America,where Techo
and its volunteers have
Non-profit Techo allows builders here ' built more than 100,000
units in 19 countries
to tackle poverty in Latin America. over two decades. "The
Andres satisfaction you get from
Shoe company Tom's in need for every pair estate development Klein giving,"says Klein,"is
` has thrived by promis- purchased.Andres Klein, firm BH Investment far greater than what you
s ing to give a free pair founder and president Group,thought a similar get from buying things."
of shoes to someone of Miami based real program could help —Doreen Hemlock
I;
fl
CORAL GABLES-Mer- DORAL-Orlando-based to build another 300,000 Italian firm,to remap the
aBusiness cantil Bank will be spun Foundry Commercial square feet of industrial sea floor and coastline,
off by its Venezuela-based and Los Angeles-based space there.The price was which experts say likely
Briefs parent company,Mercan- American Realty Advisors not disclosed. changed significantly be-
.•
Servicios Financieros, acquired the 823,000-sq.- KEYS-The Florida Keys cause of Hurricane Irma.
l• and become a publicly ft.Miami Free Zone National Marine Sanctu- MARATHON-Baptist
traded company. industrial park.They plan ary hired Navionics,an Health South Florida will
Nll .. •
38 MARCH 2018 FLORIDATREND.COM ,
Pyle, Judith
From: Scott, Robert <BobScott@dwt.com>
Sent: Tuesday, April 17, 2018 3:45 PM
To: Grant, Steven; Romelus, Christina; Casello,Joseph; Katz,Justin; McCray, Mack
Cc: JCherof@cityatty.com;Tolces, David; Pyle, Judith; Cooper, Derek (Florida); Stagliano,
Dawn
Subject: Ordinance No. 18-005, Telecommunications in Public Rights of Way
Attachments: City of Boynton Beach, F_001.pdf
Good afternoon ladies and gentlemen.
Please see the attached correspondence on behalf of Comcast regarding proposed ordinance 18-005, scheduled for
second reading on tonight's agenda. Thank you
Bob Scott I Davis Wright Tremaine LLP
1919 Pennsylvania Avenue NW,Suite 800 I Washington,DC 20006-3401
Tel:(202)973-4265 I Mobile:(703)628-1443
Email:bobscott@dwt.com I Bio:www.dwt.com/people/robertascottir
Anchorage I Bellevue I Los Angeles I New York I Portland I San Francisco I Seattle I Shanghai I Washington,D.C.
1
C C
Holland & Knight
515 E. Las Olas Boulevard,Suite 12001 Ft. Lauderdale, FL 33301 I T 954.525.1000 1 F 954.463.2030
Holland&Knight LLP 1 www.hklaw.com
Janna P.Lhota
(954)468-7841
janna.lhota@hklaw.com
April 17, 2018
Via Electronic Mail
Mayor Steven B. Grant GrantS@bbfl.us
Vice Mayor Christina Romelus RomelusC@bbfl.us
Commissioner Justin Katz Katz)@bbfl.us
Commissioner Mack McCray MccrayM@bbfl.us
Commissioner Joe Casello CaselloJ@bbfl.us
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: City Commission Meeting—April 17, 2018
Item No. 8.A.—Proposed Ordinance No. 18-005 —Second Reading(Wireless
Communications Facilities)
Dear Mayor Grant, Vice Mayor Romelus and Commissioners:
Holland & Knight LLP represents Verizon Wireless Personal Communications, L.P.
("Verizon Wireless"). Tonight, the City Commission will consider on second reading an
Ordinance No. 2018-005 (Agenda Item No. 8.A) which seeks to revise the City of Boynton
Beach's (the "City") Code as it relates to wireless facilities within the public rights-of-way
("Draft Ordinance"). The Draft Ordinance seeks to implement changes approved by HB 687 to
Section 337.401, Florida Statutes, regarding the deployment of small wireless facilities ("SWF")
in the public rights-of-way ("ROW").
Since the first reading, Verizon Wireless has worked closely with City Attorneys Jim
Cherof and David Tolces to discuss our comments and/or objections. We appreciate this
opportunity and are pleased to have been able to resolve most of our issues with the Draft
Ordinance. Unfortunately two items remain that either directly conflict with state and federal
law and which will materially impact our ability to deployment SWF facilities to serve your
constituents. The remaining issues are as follows:
1. Page 14, Section 25.1-6(8)(b)(10) — While we appreciate the modifications made
to this subsection in response to our comments, this section still includes language that exceeds
the statutory limits of information that can be required by the City per Section 337.401(7)(d)2,
Florida Statutes. Specifically, any requirement seeking photographs showing the location and
Anchorage!Atlanta I Austin j Boston 1 Chicago 1 Dallas j Denver 1 Fort Lauderdale j Jacksonville 1 Lakeland j Los Angeles 1 Miami
New York 1 Northern Virginia 1 Orlando 1 Portland 1 San Francisco I Tallahassee I Tampa!Washington,U.C. I West Palm Beach
Page 2
condition of adjacent properties outside the ROW exceeds the City's authority as it has no
relation to the placement of SWF in the ROW.
2. Pages 15-16, Section 25.1-6(8)(b)(12) — This subsection establishes the objective
design standards for SWF in the ROW. While we appreciate the slight modification to allow a
slightly larger diameter for top mounted antenna and any canister, the revised language in this
subsection continues to violate Section 337.401(7)(b)10, Florida Statutes, which establishes the
permissible size for SWF. Although the City may adopt objective design criteria, that criteria
cannot, through implementation, reduce the maximum size of a SWF allowed by state law. For
example, assuming the diameter of the existing pole is 8 inches, given the height limitation
imposed by Florida law, the Draft Ordinance, as presently drafted, would only allow deployment
of an antenna totaling 3.5 cubic feet where Section 337.401(7), Florida Statutes, allows up to 6
cubic feet. By choosing a volumetric limitation, it was the intent of the legislature to place limits
on size, but not physical configuration, to ensure that certain technologies were not favored over
others that could result in discrimination between communications services providers by
favoring certain technologies and ultimately acting as an unlawful barrier to entry by other
technologies which would undermine the competitive neutrality necessary to benefit consumers.
As such,this language must be stricken to ensure conformity with state law and federal law.
Once again, we appreciate the opportunity afforded us to work with the City, in particular
the City Attorney, to listen to the comments and concerns of the wireless industry, including
Verizon Wireless. Wireless communication is no longer a luxury, but a necessary part of the
essential infrastructure in today's modem society.
Sincerely yours,
HOLLAND & KNIGHT LLP
J ' P. Lhota
c: Lori LaVerriere, City Manager LaVerriereL@bbfl.us
Judith A. Pyle, City Clerk PyleJ@,bbfl.us
James Cherof, City Attorney cherofj@cityatty.com
David Tolces, Assistant City Attorney dtolces@cityatty.com
#56568806_vI
•
Deborah L.Martohue,Esq.,AICP
1036 23rd Avenue N.
ARTOSt. Petersburg, FL 33704
Office Direct: 727.256.1211
Mobile: 727.460.8431
LAND USE LAW P.A. dmartohuelaw(aoutlook.com
April 17, 2018
VIA EMAIL ONLY TO EXPEDITE
Mayor Steven B. Grant GrantS( bbfl.us
Vice Mayor Christina L. Romelus RomelusC@bbfl.us
Commissioner Justin Katz KatzJr@bbfl.us
Commissioner Mack McCray McCrayMabbfl.us
Commissioner Joe Casello Casello)@bbfl.us
City of Boynton Beach, City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
RE: City Commission Meeting—April 17,2018
SECOND READING: Item 8.A: Proposed Telecommunications in Public Rights-of-
Way Ordinance No.: 18-005
Dear Mayor Grant, Vice Mayor Romelus and Commissioners Katz,McCray and Casello:
I write regarding the above referenced Ordinance on behalf of T-Mobile South, LLC. ("T-Mobile").
Subsequent to First Reading on April 3, 2018, T-Mobile coordinated with other Industry ROW User
representatives to provide consolidated comments to your outside counsel on this matter. We
appreciate the opportunity to provide input and the expedited responsiveness of the City's attorneys,
David Tolces and James Cherof. As a result,the concerns and objections have been narrowed
significantly but two remain that we would appreciate an opportunity to continue our dialogue with
the City Attorneys to refine the language to ensure compliance with applicable State laws governing
the deployment of communications facilities,particularly, small wireless facilities, within the public
rights-of-way.
T-Mobile's objections are as follows:
1. Section 25-1.6(8)(b)(10)Photographs and Graphic or Simulated Renderings: We
appreciate the modifications made to this subsection; however, any visual depictions beyond
the actual facility itself, including the structure upon which the Small Wireless Facility is
being attached,to determine whether or not the Small Wireless Facility complies with the
visual aesthetic requirements exceeds the statutory limits of information that can be required
from an applicant to install a Small Wireless Facility. State law restricts said information to
that which is relevant to determine compliance with objective standards contained within the
1
defined Applicable Codes. Introducing this type of superfluous information is not only
unnecessary to that determination and costly to produce, it also requires staff time to review
and opens the door to impermissible subjective evaluation and potentially inconsistent
application of the regulations. As such,we respectfully request that the City further limit the
required visual depictions to eliminate the photo sims requirements showing views from
adjacent properties and ROW.
2. T-Mobile's second objection concerns Section 25.1-6(12)(b)1 within the Objective
Standards section specifically related to top mounted antenna regulations. Although slightly
modified from First Reading,the requirements within this subsection remains in violation of
337.401(7)(b)10,Florida Statutes. While we appreciate the slight modification to allow a
slightly larger diameter top mounted antenna enclosure aka canister,the revised language
still mandates a specific physical configuration that violates 337.401(7)(b)10 which
establishes the only permissible restraint on the physical configuration of a small wireless
facility antenna. Such limit is 6 cubic feet. By choosing a volumetric limitation, it was the
intent of the legislature to place limits on overall size but not the physical configuration
within that defined maximum volume. These limitations work hand in hand with the
limitations to pole heights. Thus,when reducing the potential diameter,the height of the
canister is necessarily increased that may not only impose a configuration not technically
feasible but also require a height that exceeds the maximum allowed by law. This legislation
was specifically intended to ensure that certain technologies were not favored over others
that could result in discrimination between communications services providers by favoring
certain technologies over others. The reason therefore was ultimately to ensure competitively
neutral and non-discriminatory regulations that will not have the effect of creating an
unlawful barrier to entry by other technologies. The public policy and purpose to competitive
neutrality is to benefit consumer choice.
We respectfully request a brief deferral to continue dialogue with your City Attorneys to eliminate or
further narrow our objections or in lieu thereof, request that the language at issue be stricken prior to
adoption on Second Reading. In the event the City elects to proceed forward with Second Reading
and adoption of this Ordinance in its current form, this letter shall constitute T-Mobile's written
objection and request that this letter be included as part of the record on behalf of T-Mobile South,
LLC.
Thank you in advance for your time and consideration.
Sincerely,
Deborah L. Martohue, Esq. AICP
Cc: Ms. Lori LaVerriere, City Manager LaVerriereL(a,bbfl.us
James Cherof, City Attorney JCherof@cityatty.com
David Tolces, City Attorney DTolcs@cityatty.com
2
limmosommosommimommoommimimi
Judith A. Pyle, City Clerk PyleJ@bbfl.us
3
P I�e, Judith
From: dmartohuelaw@outlook.com
Sent: Tuesday, April 17, 2018 2:17 PM
To: Grant, Steven; Romelus, Christina; Katz, Justin; McCray, Mack; Casello,Joseph
Cc: Tolces, David;JCherof@cityatty.com; LaVerriere, Lori; Pyle,Judith;
Janna.Lhota@hklaw.com;th9467@att.com
Subject: TMO Letter -Boynton Beach ROW Ord No 18-005 4-17-2018 Item 8A
Attachments: TMO Letter Opposing Boynton Beach ROW Ord No 18-005 4-17-2018 Item 8A.pdf
Dear Mayor and Commissioners:
On behalf of T-Mobile South LLC, please see attached letter regarding Item 8A on this evening's agenda.
Thank you.
Deborah L. Martohue Esq., AICP
Martohue Land Use Law PA
1036 23rd Avenue N.
St. Petersburg, FL 33704
Office: 727.256.1211
Mobile: 727.460.8431
Email: dmartohuelaw4iitoutlook.com
Please note new address and phone number and update your file contacts. Thank you.
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is the property of Martohue Land Use Law P.A. It is intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected
from disclosure. Distribution or copying of this e-mail,or the information contained herein,to anyone other than the intended recipient
is prohibited. If you have received this e-mail in error,please immediately notify the sender by e-mail
at dmartohuelaw@outlook.com or telephone at 727-256.1211. Please delete and destroy any copies of this e-mail.
Please consider the environment before printing this email. Thank you.
Davis Wrig ht
L// Tremaine LLP 1919 Pennsylvania Avenue,NW
Suite 800
Washington,DC 20006
Robert G.Scott,Jr.
202-973-4265—Telephone
bobscott@dwt.com
April 17, 2018
VIA EMAIL
Mayor Steven B. Grant(GrantS@bbfl.us)
Vice Mayor Christina L. Romelus(RomelusC@bbfl.us)
Commissioner Justin Katz (KatzJr@bbfl.us)
Commissioner Mack McCray (McCrayM@bbfl.us)
Commissioner Joe Casello (CaselloJ@bbfl.us)
City of Boynton Beach, City Hall
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: City Commission Meeting
Agenda Item 8.D
Request for Deferral
Ordinance No. 18-005,Telecommunications in Public Rights of Way
Dear Mayor Grant, Vice Mayor Romelus, and Commissioners Katz, McCray and Casello:
I write on behalf of Comcast regarding the scheduled second reading tonight of the referenced
ordinance which will impose new regulations for telecommunications facilities in the City's
rights-of-ways. Since the first reading on April 3, Comcast has provided comments on the
ordinance as part of a group of communications service providers working with the City's
representatives. We appreciate that opportunity to comment,which has resulted in some
important changes that bring the ordinance more closely in line with applicable law and the
practical concerns of the industry.
Unfortunately, as of now we believe a few remaining provisions in the ordinance are inconsistent
with state and/or federal law, or otherwise may impede Comcast's ability to provide broadband
services. The remaining issues for Comcast are:
• Page 13, Section 25.1-6 (8)(b)(10)a. requires permit applications to include photographs
of"the nature and location of the site...including photographs showing the location and
condition of adjacent properties..." This requirement should not apply to the installation
of aerial wireline facilities, which simply use existing utility poles as a matter of right
under 47 USC § 224. Moreover, the addition of such wires to utility poles does not
materially alter the appearance of the pole or the area around the pole line. Finally, this
requirement exceeds the information a city is authorized to require from a video service
provider under 610.114 F.S.
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Boynton Beach City Commission
Page 2 '
April 17, 2018
• Section 25.1-6 (11)(c) imposes a 28 cubic foot volume limit on all equipment boxes for
each communications facility. That size limit is taken from 337.401(7) F.S., and is
intended to define wireless equipment associated with a small wireless facility. This
limitation has no relevance to communications facilities other than small wireless
facilities. Moreover, the limit could potentially frustrate broadband deployment in
violation of 47 USC § 253 ("Removal of Barriers to Entry") and the limits imposed on
local governments under 610.114, F.S. This provision should not apply to wireline
communications facilities.
• Section 25.1-16 proposes fines for failure to comply with the code. The Consumer
Choice Act of 2007 however, prohibits the imposition of"other exactions" on video
service providers"except such taxes, fees, charges, or other exactions permitted by
chapter 202, s. 337.401(6), or s. 610.117." The penalties proposed are not authorized by
those provisions.
We appreciate the City's willingness to consider the views of the service providers, including
Comcast.
Respectfully submitted,
C2E—,//(4-6.1
Robert G. Scott, Jr.
cc: Ms. Lori LaVerriere, City Manager LaVerriereL@bbfl.us
James Cherof, City Attorney JCherof@cityatty.com
David Tolces, City Attorney DTolcs@cityatty.com
Judith A. Pyle, City Clerk PyleJ@bbfl.us
Derek Cooper, Comcast
Dawn Stagliano, Comcast