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Minutes 05-01-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY MAY 1, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Christina Romelus, Vice Mayor Justin Katz, Commissioner Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Lori LaVerriere, City Manager James Cherof City Attorney Judith A. Pyle, City Clerk Reverend Woodrow Hay, of St. John Missionary Baptist Church gave the invocation Pledge of Allegiance to the Flag Commissioner Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Ms. LaVerriere requested to table Item 12-B. 2. Adoption Motion Commissioner McCray moved to table item 12-B. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Motion Commissioner Casello moved to approve the agenda as amended. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz met with John Markey of JKM Developers regarding the Cortina project in District 1. Commissioner McCray met with John Markey and Bonnie Miskel regarding the Cortina project. Attended the grand opening of Santorini at Renaissance Commons. Vice Mayor Romelus attended a meeting with John Markey and Bonnie Miskel regarding a property near Old Boynton and Renaissance Commons. She had the honor to stand with the Tourist Development Counsel board members at the Palm Beach County Board of County Commissioners meeting to announce the week of May 6-12 as National Travel Tourism day; this was an opportunity to bring awareness to the tourism industry in Boynton Beach and Palm Beach County. Commissioner Casello met with John Markey and Bonnie Miskel. Mayor Grant announced on April 5th he attended the City's wrap-up event for Let's Move Boynton Beach, attended the Tip a Cop event at Duffy's. The tips were taken to benefit Special Olympics. April 6th attended the City Becomes a Quilt, where Brandon Drucker's work became a quilt. April 9th, met with the Armenian Ambassador to the United States, attended the MLK 50th year event hosted by Mack Bernard, Palm Beach County Commissioner, at the old Courthouse. On April 10th, Mayor Grant hosted the delegation from Park Vista High School. The delegation toured the City and attended the police quarterly awards. Mayor Grant met with the Principal of Boynton Beach Community High School, Mr. Guarn Sims. On April 11 th, attended the City of Boynton Beach general employee pension board meeting. April 12th, attended Arbor Day with students from St. Joseph Episcopal school. April 13th attended the Sister City event, Art at the Mall. On April 16th Mayor Grant attended PERT training to become a certified Public Private Partnership Professional. Thanked the Commission for the opportunity to travel and attend the conference. April 18th attended the Crowder Park dedication. Gave Commissioner Casello kudos for all the hard work to have the park renamed to memorialize Officer Crowder. April 19th attended the transportation training agency meeting, went to the new co -work space where they inaugurated the new president. 2 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 April 21St attended the Fire Fighter's chili cook -off, and the Concert on the Green hosted by the City of Boynton Beach Parks and Recreation Department. April 22nd participated in the BAPS Temple walk-a-thon, where they name the City of Boynton Beach Library as one of their beneficiaries for helping the community. April 24th attended Business Day at St. Joseph Episcopal School. April 25th attended the League of Cities meeting in Green Acres. April 26th attended an event called Lead the Fight, and will present a proclamation regarding adverse childhood experiences. April 27 met with Tony Morrow and also attended the Santorini ribbon cutting ceremony. April 30th went to the Palm Beach Four Club as a guest of Michael Wiener. Commissioner McCray wanted to thank Eleanor Krusell for the article which was sent to the Commission. Noted there were 20 seniors at Boynton Beach Community High School earned a prestigious industry certification. The City was proud of what was going on at the High School. Mayor Grant wanted to inform the audience there is an immigration legal screening clinic available to those who wish to receive a free consultation to determine if they are eligible for any immigration relief and legal representation. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Legislative update from Representative Al Jacquet. (Rescheduled for May 15, 2018.) B. Legislative update from Senator Bobby Powell. Senator Powell stated he was excited to represent Boynton Beach Senator Powell provided a presentation to address some issues going on in Tallahassee. Provided a breakdown of the representation of the House and the Senate. Stated the Major Session Issues were the Gun Safety Reform, SB 7026. Education, HB 7055, SB 4 (Higher Education). Healthcare, Nursing Home Generators. Opioids, Home Rule, Tax Package of $168.6 million, with a budget of $88.47 billion. The Marjorie Stoneman Douglas Safety Act where 17 people were killed, forced the legislature to do something which had not been address. Senator Powell said for the first time in 20 years students came to Tallahassee and brought the fight, regarding gun laws. The legislature placed a ban on bum stocks, indicated there were a few bills combined, $69M for mental health services, $98M for school hardening, $67M for school guardian programs. In Palm Beach County, in 2017, there has been 552 deaths. Legislation BB21/SB 8 creates a 3 -day medically necessary and 7 -day supply limit on schedule II controlled substance prescriptions. Has placed a definition on "`Acute Pain' more narrowly to limit 3 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 over -prescribing of opioids. Also requires a 2 -hour continuing education course for prescribing physicians, requires Health Care providers to check PDMP before prescribing or dispensing medication. Senator Powell stated the legislature was spending $53.5M to combat the opioid epidemic. Senator Powell indicated he has several bills in the legislature, land acquisition trust fund with Department of State, internship tax credit program, vote -by -mail ballot, care for retired law enforcement dogs, mental illness training for law enforcement, and juvenile justice. Senator Powell continued with the appropriations. Provided a listing of dollar amounts and appropriations: Jerome Golden Center for Behavioral Health Co - Occurring Facility $200,000, Loxahatchee River Preserve Initiative $750,000, Place of Hope Child Welfare Regionalization Phase III $1,2M, Palm Beach Habilitation Center Cultural Arts Building $1M, Palm Beach Zoo: Water Quality & Recreation $250,000., Riviera Beach: Water Disinfection Treatment Center $500,000., WPB: Critical Incident Response Capacity $300,000. Rosemary Corridor Project $400,000. Boys & Girls Club Gang Prevention Program $1 M. City of Boynton Beach issues, there were four items which did not pass. Tree trimming and removal, which would have pre-empt local municipalities from regulating the removal of trees on private property (Irma -related issue). Election dates for municipalities, would pre-empt local municipalities the ability to determine the dates of their elections. Vacation rental, preempts all regulation of vacation rentals to the State and nullifies any ordinances that are already in place. SB 432 Community Redevelopment Agency, this would have significantly deterred local municipalities from using the CRA to benefit their communities and outlines a process by which they could be phased out unless reauthorized by a super -majority vote of the governing body. On behalf of Representative Al Jacquet, he was ill and unavailable to come and speak with the City of Boynton Beach. Senator Powell wanted to thank his staff, Benjamin Durgan, Legislative Assistant and Marian Dozier 561-650-6880. Commissioner McCray indicated has a correction; Christina Romelus is now Vice Mayor Romelus. Mayor Grant thanked Senator Powell for taking the initiative and stepping up to represent the City of Boynton Beach. The City was without a legislator to push and support bills which were before the House. Mayor Grant noted the City of Boynton Beach received $250,000 for the water reclamation. Senator Powell stated he heard from everyone in Boynton Beach, especially the City Manager. He thanked the Commission for continuing the fight. 4 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Commissioner Casello thanked Senator Powell for his tenacity and his knowledge for getting things done and bills approved and being part of the Boynton Beach Team. Senator Powell stated teamwork makes the dream work. Indicated working together gets the job done. C. Proclaim May 6 through May 12 as Municipal Clerks Week. Mayor Grant read the proclamation declaring May 6 through May 12 as Municipal Clerks Week. Judy Pyle, City Clerk, City of Boynton Beach accepted the proclamation. D. Proclaim May as National Historic Preservation Appreciation Month and recognize the 50th year anniversary of the Boynton Beach Historical Society. Mayor Grant read the Proclamation declaring May as National Historic Preservation Appreciation Month and recognized the 50th year anniversary of the Boynton Beach Historical Society. Dr. Randall Gill thanked the Mayor and Commission for their support of historic preservation. It was wonderful to see everything which is happening in the City of Boynton Beach. Requested the members of the Historical Society to stand to be recognized. He was very excited to see the restoration of the Old High School. Barbara Ready stated she was here to represent the City of Boynton Historical Resources Preservation Board, which she was the Chairman. She indicated she was grateful for all the support from the Commission. E. Proclaim the month of May as National Lupus Awareness Month. Mayor Grant read the proclamation declaring May as National Lupus Awareness Month. Paul Murray, thanked the Commission, provided some information regarding Lupus and his diagnosis of Lupus. Noted the Department of Defense has begun funding research into Lupus. In the United States there are about 6 million people with Lupus. F. Proclaim May 2018 as National Mental Health Month. Boynton Beach Mental Health Committee will be present to accept the Proclamation. Mayor Grant read the proclamation declaring the month of May 2018 National Mental Health Month. Woodrow Hay accepted the proclamation for the Boynton Beach Mental Health Committee. The color Green was the official color of Mental Health. May 24th was get 5 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 your green on. Wear Green and place a photo on Facebook. Stated now more than ever we must reach out to family or friends who are alone and without friends. Information is available in the brochure, finding hope when you need help. This month the Committee focuses on, partner with a heathier Boynton Beach, at the intracoastal Park and it was free. The community has access to coordinated and integrated networks of behavioral health services and supports that enhance mental health, wellness and quality of life. Allow the citizens of Boynton Beach together to start the conversation. He stated the City should be the change. All of the committee have a passion of what is going on in the City of Boynton Beach. Mr. Hay introduced the mental health committee, stated all the volunteers have a passion for the work in the mental health community. 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) Wynna Dunmyer, 84 Maple Lane, stated she was here representing Moms Demand Action for Gun Sense in American. Indicated she respects the 2nd amendment and feels common gun sense law could go hand in hand. She was here to request a proclamation to end gun violence. Ms. Dunmyer stated she understands the City was not allowed to have any of its own regulations regarding gun control. She does know there are a couple of lawsuits. The City could file an amicus brief in support of the lawsuit. She stated the color for gun violence is orange; it was the color of hope and keeps hunters safe. She explained 96 people die from gun violence every day. Vice Mayor Romelus indicated this would be at the Mayor's discretion. Gabe Ermine, 8933 Sydney Harbor Circle, introduced himself as a candidate for County Court Judge, Group 4, stated he was a home grown Palm beach County attorney. He is a litigator with daily courtroom experience and more than 100 jury trials. He is a dedicated husband, father and philanthropist with a long history of community service. He has served as an assistant public defender in Broward County Public Defender's office. He has seen firsthand what happen to juveniles when it comes to direct filing. He agreed there was a huge difference between 14 and 25. Asked everyone to vote on August 28, 2018. Susan Oyer, 140 S.E. 27th Way, wanted to remind everyone of the bird count this Saturday, May 6. Provided some information on government sanctioned housing policies which harms today's public schools. The school system has an attendance problem. Provided some information about Earth Day to the Commission. 10 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Alcolya St. Juste, 4887 Lombard Pass Drive, a candidate for County Court Judge, has been practicing in Palm Beach County for the past 15 years. Represents children and parents involved in dependency. She works with children with special needs, medical and mental health needs. She has been vetted, by the Judicial Nominating Commission, considered for an appointment to a judicial seat. The vote is slated for August 28. Ricky Petty, Director of a Healthier Boynton Beach, 970 North Searcrest Blvd., thanked the City Manager and the City of Boynton Beach Police Department. They were able to provide eight grants to local organizations and churches in the City of Boynton Beach for a total of $30,000. Explained a Healthier Boynton Beach provides services for local caregivers. He stated some caregivers are not aware they are truly caregivers. The goals are to help change long term health outcomes of the residents of Boynton Beach, evaluate the overall impact of a healthier initiative as well as the impact at the community level. Boynton Beach community have identified Family Caregiving as the critical health issue in the area, and will be collaborating with Palm Healthcare Foundation, utilizing the committed funds to create lasting impactful changes. Mr. Petty indicated on May 21 there will be a community conversation at St. John Church at 6 pm, to address different issues which impact the community. Javorius Russ, resident of Boynton Beach, wanted to address District 2 Commissioner Mack McCray, indicated he called the Commissioner and he hung up the telephone and became unruly. He contacted the City Manager and she met with them at the park and came up with a solution where the park did not need to be shut down. Thanked the City Manager for responding to his request. The issue today was getting the ban lifted from the park. Asked what was needed to be done to get the ban lifted. He understood there were many things going on in Boynton, there was penny sales tax money available for the roads and infrastructure. He wanted to know where the money for the roads was allocated. Requested a listing of what was being done with the money for the penny sales tax. Mayor Grant explained the surtax funds are in the City Capital Improvement Plan (CIP). Mayor Grant referred Mr. Russ to the City Clerk office for a copy of the CIP. Mr. Russ stated it has been 13 weeks of no issues at the Park. Mayor Grant explained the ban on Sara Sims Park, the park was under construction. Mr. Russ stated there was no construction at the park. Mayor Grant indicated the City has a pre -input budget meeting on May 29th at 6:30 p.m. Mayor Grant explained it would take time for the lawyers to undo the resolution banning events at the park. Mr. Russ asked if there was a construction plan for the park. Mayor Grant replied there is a $1.3M renovation plan for the park. Ms. LaVerriere stated the construction should 7 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 begin early fall. Mr. Russ stated he never heard of anything about the renovation at the Sara Sims Park. Mayor Grant stated there have been several events at the Carolyn Sims Center regarding the renovations. Ms. LaVerriere noted she will bring a copy of the plans at the May 21 St clergy coalition meeting. Commissioner McCray appreciated the vote from Mr. Russ. He needed to have additional information about what was Peace in the Hood; the police came out in full force. Stated if he offended Mr. Russ he apologized. The night in question, he received numerous calls. The City has not forgotten about the people in the community. Stated it was great to hear the residents want to take the park back. Mr. Russ asked if there was any way Commissioner McCray could attend the May 21St meeting at 1 pm. Commissioner McCray replied in the affirmative. Vice Mayor Christina Romelus indicated the information on the penny surtax was available on the website. Tory, 407 NW 17 Ave, wanted to speak about the park. The Police were focusing on Sara Sims Parks. The bans needed to be lifted; it has been 13 weeks without any issues at the park. He does not see any affordable housing, summer recreation activities available for the children. There was a big center which the children are not allowed to enter. There were no free lunch programs or access to programs. Mayor Grant thanked everyone for coming out. This was the start of the process. Mayor Grant provided the dates and times of Commission meetings. Minister Bernard Wright CEO of Bernard Wright Ministry, Robert E. Wells Foundation, wanted to commend Barbara Ready on the Historic Research Board, indicated they have been instrumental with historic research. Commended the brother and sisters who have come out to support the City process. He was passionate about the issues; stated residents do not receive the appropriate feedback. Wanted to speak about the Carolyn Sims Center regarding the children being denied free access to the center. Ramona Young, 101 South Federal Highway, indicated she came for education; she sold her house in west Boynton and moved to 101 South Federal highway. She needed to understand billing for the water process. She paid $40 dollars when she was in her home in west Boynton Beach. Her bill stated she used $1.07 for water and $1.40 for sewage and her bill was $70.00. She could not reconcile these fees. Ms. Young believes this was absolutely ridiculous. Mayor Grant indicated Mr. Groff would provide an explanation. n:3 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Rae Whitely, 223 NE 12 Avenue, thanked the City Manager and the Commission. Noted they have an organic movement going on. He asked the Commission to continue to encourage the residents as they come to speak about what was happening in the community. Mayor Grant announced Public Audience was closed. 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 Regs and 1 Alts Employee Pension Board: 1 Reg Senior Advisory Bd: 1 Regs and 2 Alts Mayor Grant informed the Commission there were no applicants applying to the advisory boards. 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 Mayor Grant pulled item G. A. PROPOSED RESOLUTION NO. R18-066 - Approve traffic enforcement agreement with Nautica Sound Homeowner's Association. B. PROPOSED RESOLUTION NO. R18-067 - Authorize the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL as a result of RFP No. 007-2710-18/IT for the Fourth of July fireworks displays for the Years 2018, 2019 and 2020 and other additional City events as required for an amount as approved and budgeted by the City Commission for events. C. Approve utilizing the US Communities Contract # EV2370, with the City of Kansas City being the lead agency, with Graybar Electric Company for the purchase of electrical parts and components for the City's lift stations for an 0 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 estimated annual expenditure of $60,000. The US Communities procurement process satisfies the City's competitive bid requirements. D. Approve utilizing the City of Bartow, FL Bid No. WD -2018-04 with American Water Chemicals, Inc. of Plant City, FL for Corrosion Inhibitor AWC A-782 for an estimated annual cost of $40,000. The City of Bartow's procurement process satisfies the City's competitive bid requirements. E. Authorize the purchase of a 20" trailer and outfit in the amount of $40,816.10 from Texas Trailers of Gainesville, FL by utilizing the Florida Sheriff's Association Contract #FSA17-VAH15.0. The Florida Sheriff's Association procurement process satisfies the City's competitive bid requirements. F. Accept the City of Boynton Beach Community Rating System (CRS) Flood Mitigation Plan Progress Report, Action Plan Updates and Program fro Public Information Evaluation Report (May -December 2017). Copies will be available to the public on-line at the Utility's Facebook page (https://www.facebook.com/BoyntonBeachUtilities/) and a number of copies are available on the table at the back of the commission chamber. G. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 1, 2018 - "Request for Extensions and/or Piggybacks.". Mayor Grant explained he understood the contract was being renewed, inquired if a report will be received this year. Ms. LaVerriere stated the Commission should receive a report shortly. Tim Howard, Assistant City Manager, stated the original contract was for one year. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. H. Approve the minutes from the City Commission meeting held on April 17, 2018. Motion Commissioner Katz moved to approve the Consent Agenda as amended. Commissioner Casello seconded the motion. 10 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve an increase to the estimated expenditure to Rehrig Pacific of Orlando, Fl -from $100,000 to $125,000 per City Bid #048-2510-15/JMA for Molded Refuse Containers and Parts due to development in the City and the need to replace existing containers. Commissioner McCray asked if these were the plastic refuse containers or the metal containers. Mr. Howard replied these were the plastic containers. Commissioner McCray inquired about the storage of the containers in District 2. He explained the containers can be seen from 1-95. Commissioner McCray related residents stated they are being infested by rats which were coming from the storage of those containers. Andrew Mack, Director of Public Works and Engineering, explained the City was working with Dwight Saulter, Parks Manager and possibly looking at transplanting some of the landscaping to hide and mask the containers. The City was also looking at some type of shelter behind the building. Commissioner McCray inquired if there would be some type of berm which could be erected. He asked the reason why there was a garbage can near the area where storage was being held. He explained when we have City employees which ride around daily and see the issues and don't call the issues in, this was a problem. Vice Mayor Romelus wanted to inform the residents the City has a new Director of Public Works. Mr. Andrew Mack. Mr. Mack said he was proud and honored to continue to work with the City of Boynton Beach. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Award Bid No. 014-1211-18/IT for Removal, Replacement and installation of Field Netting at Little League Park, and authorize the City Manager to issue a 11 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Purchase Order to Anzco, Inc. of Boca Raton, FI as the lowest responsive, responsible bidder in the amount of $160,607.00 with a 10% contingency for a total approved amount of $176,667.70. Award is contingent upon the receipt and approval of insurance and performance and payment guaranty. Andrew Mack, Director of Public Works and Engineering explained during Hurricane Irma, damage was caused to the existing foul ball netting and pole structures along all four (4) fields of play at Little League Park. On March 16, 2018, Procurement Services issued a bid for "Removal, Replacement and installation of Field Netting at Little League Park" with a Mandatory Pre -Bid Meeting and Site Inspection held on March 27, 2018 to review the project with interested and qualified contractors. On April 17, 2018, Procurement Services opened bids from two (2) bidders. After reviewing the two (2) bid submittals, Staff has recommended the project be awarded to Anzco, Inc. as the lowest, responsive, responsible bidder. Mr. Mack stated the cost will be submitted to FEMA for reimbursement. Commissioner McCray inquired as to why the City was spending more than $170,000, and asked when the last time the netting was replaced. Mr. Howard indicated the last time the netting was replaced was 2002.The netting was damaged during hurricane Irma; the City should be reimbursed by FEMA and the insurance company. Commissioner McCray stated he wanted to make sure the residents were aware the City would be reimbursed by FEMA. Commissioner Casello inquired if there was a method of lowering the netting in case of a storm. Mr. Mack explained the netting was permanently attached, and was able to sustain the hurricane winds. The City can remove the netting by removing some of the nuts and bolts. Commissioner Casello stated it was not a lowering system. Mr. Mack stated it can be done with a boon and lift. Commissioner Casello asked why it was not done during the last storm. Mr. Mack replied he could not say why it was not done. Ms. LaVerriere replied lowering the netting was not part of the hurricane preparedness. Mayor Grant replied the netting was more than 16 years old, and had withstood several hurricanes. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. 12 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Vote The motion unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. 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 to May 1, 2018) Attorney Cherof read Proposed Ordinance No. 18-005, by title only on second reading. Commissioner McCray asked if anyone needed to make a presentation. Mayor Grant stated he received some emails from the Telecommunication Companies stating the ordinance was acceptable; also spoke with a representative from AT&T. Major Grant asked for a motion. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS A. To consider the recommendation from the Recreation & Parks Board, as presented by Board Chair Betty Pierce -Roe, not allow dogs on the beach at Oceanfront Park. Betty Piece -Roe, Chairperson, Recreation and Parks Board, stated the advisory board was tasked with submitting a recommendation to the Commission regarding dogs 13 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 on the beach. The board took into consideration the size and the additional resources along with the additional requirement to manage and support this type of program. The Advisory Board did not recommend allowing dogs on the beach. An informal online survey was conducted. There were 879 respondents to the survey and a public input meeting was held. Ms. Pierce Roe stated 70% of the respondents were in favor of having dogs on the beach. The respondents were willing to pay a fee to have the dogs on the beach. Indicated most questions were about the cleanliness of the beach as well as the cost to maintain the beach. Most of the respondents wanted to know who would be responsible to clean up after the dogs. There were questions regarding the restrictions and encroachments. Ms. Pierce -Roe asked if the City of Boynton Beach would be liable if the dogs were to attack individuals or other animals. She wanted the City to be aware beginning April 1 - October 31 was turtle nesting season. She stated the board voted 5-1 not to allow the dogs on the beach. Katherine Salvio, 101 S. Federal Highway, inquired if this includes emotional support animals on lease. Woodrow Hay, 427 NW 5 Avenue, was in support of the recommendation. Explained children like to dig and place things in their mouth. He believed many owners do not pick up after their dogs. This was a small beach. He cannot image some of the dogs on the beach; believed the City was setting itself up for failure. He requested the Commission to think twice before the City of Boynton Beach allows dogs on the beach. Ed Brooks, 15 East Ocean Avenue, asked the population of Boynton Beach. Stated he owns two very large dogs. Stated the beach was about a quarter of a mile, this was not large enough for the dogs to play and dig. Said no matter how clean it's really not going to work, there was no desire to change the Town of Ocean Ridge Ordinance. People walk to the south they will be cited by Ocean Ridge. Stated this was a very small piece of land. He said this was one of Boynton Beach's most valuable assets. Brian Bonnell, 3504 SE 2nd Street, noted when they moved to Boynton the first question was where the nearest dog beach. He was excited to hear Boynton Beach will have a dog beach. Mayor Grant inquired if emotional support dogs are allowed on the beach. Mayor Grant inquired if the City of Boynton Beach still has the volleyball court. Wally Mayors, Director of Parks and Recreation, replied it was off and on regarding the volleyball, because of the beach erosion. Mr. Majors wanted to clarify that emotional support animal and service dogs are different. Commissioner Casello indicated most of the concerns can be addressed. He did not have the survey in his backup. He respects the advisory board decision. Stated he 14 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 respectfully disagreed with the recommendation. The survey was given and 70% of those responded wanted to have dogs on the beach. He would like to see this implemented. The City can see what works or does not work and go from there. Commissioner Casello stated the Town of Ocean Ridge will not dictate what the City of Boynton Beach can do on their property which Boynton Beach legally owns. The Town of Ocean Ridge does not contribute anything to Boynton Beach. He stated he wanted to move forward, even if it was on a trial basis. If it does not work, then the City can walk away from it. Commissioner McCray noted he was fishing at J.C. Park and the dogs are supposed to be on a leash, they are not. He stated the dogs run freely on the peer and there is poop everywhere. Commissioner McCray inquired if the City was liable if the dog bit anyone on the beach. Attorney Cherof stated the City was responsible to a certain degree. Attorney Cherof stated yes. Commissioner McCray asked if the City could be sued for medical bills for ringworms or any type of bacterial infections. Attorney indicated anyone can sue. Commissioner Katz noted it was a social value for dogs to go to the park. His largest concern was bad owners would ruin this opportunity to have dogs on the beach. He believes a well -crafted program can limit the bad owners. He does not have a problem charging a fee to owners to have the opportunity to take their dog to the beach. Commissioner Katz indicated instituting a cost basis would weed out bad owners. Also stated creating a steep fine for people who do not adhere to the regulations. Commissioner McCray inquired as to who will enforce these rules and regulations. Vice Mayor Romelus stated she loves dogs, she does not believe they should not be imposed or have a forced interaction. She believed that her colleagues on the dais are pretty trusting and optimistic. She asked if the City would have a Code Enforcement officer to fine the offenders. Will there be some type of check in, to make sure the people are licensed with the City. Vice Mayor Romelus inquired into the monitoring and enforcement. She was not in favor of moving forward with this idea. Mayor Grant inquired if the Town of Ocean Ridge polices the beach. Inquired as to the municipal regulations the City could enforce. He explained this was not the City municipality. Asked if the City was able to create regulations and fines which every dog owner must agree to and sign a contract? Attorney Cherof stated it would be more of an enforcement of a contract than it would be the violation of a municipal Ordinance. Mayor Grant stated if someone brought their dog without a signed contract, the City of Boynton Beach could require the Town of Ocean Ridge to cite or remove the offender from the property. 15 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Mayor Grant stated the City would need the Town of Ocean Ridge to be involved with the monitoring of the City regulations or contract. Mayor Grant asked the time when the parking attendant reports for duty. Mr. Majors stated the parking attendant report for duty at 8:00 am until 4:30 pm. Mayor Grant asked if someone shows up at the beach before 8:00 am there would be no one there. Mr. Majors indicated this was one of the challenges the City needed to address, as well as making sure the beach was safe. Mayor Grant stated he was in favor of having dogs on the beach on a trial basis. Mr. Major stated the Parks and Recreation Department needed to bring in a contractual person to walk up and down and clean the beach. Mayor Grant stated the number which was given was $20,000- $25000 for a part-time person, Friday, Saturday and Sunday for one Park Ranger. He indicated in retrospect, there needed to be two people. Mayor Grant stated he did the math; it would be $166 per day. He stated this was in the budget. The City of Boynton Beach could have dogs on the beach on special occasions. Mayor Grant noted he would like to find a middle ground. Commissioner McCray asked if the City of Boynton Beach was able to have any type of dialogue with the elected officials of the Town of Ocean Ridge about dogs on the Beach. Mayor Grant indicated he spoke with the Town Manager Jamie Titcomb and the answer was no. Ms. LaVerriere stated she and the City Attorney met with the Town of Ocean Ridge Town Manager and the Police Chief and the answer was a resounding no. Commissioner Casello stated the City of Boynton Beach are being held hostage by the Town of Ocean Ridge. Commissioner Casello asked who enforces the rules in parking on the beach Mr. Major stated if it concerns parking, or behaving improperly it would be the Town of Ocean Ridge Police Department. If someone comes into the park and breaks one of the City of Boynton Beach Ordinance, this was in a gray area. Commissioner Casello asked why this has not been addressed over the years. Asked if there was anything the City of Boynton Beach could do to clean up the gray areas. Attorney Cherof explained the City was asking about having law enforcement authority within another jurisdiction, there would need to be legislation. This cannot be done at the local level. 16 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Commissioner Casello asked if this was something which should be done. If the Town of Ocean Ridge does not like something then it does not happen. The City was restricted on what can be done at the beach. This boarders on ridiculous, this gentleman stated the Town of Ocean Ridge Beach was the greatest asset which the City owns, he does not agree with him. The City does not have any control other than parking the cars. This program warrants a trial period. Commissioner Katz inquired if a dog were to bite someone at the park is the City susceptible to litigation. Attorney Cherof explained the City has some type of liability. Commissioner Katz said this could be an augment to ban dogs from the existing parks. If the City was able to generate the funds from the program this could defer the cost to cover the personnel needed. Commissioner Katz said he shares some of the same concerns as Commissioner Casello; the City beach was not really the City beach. Commissioner Katz said the City provide services to a neighboring municipal which they could not afford to produce themselves, but when the City of Boynton Beach asks for a courtesy to allow dogs on the City Beach for a limited number of days a year, the answer was no. What if the City had taken the stance the City did not want to provide water or any other utility, which would be absurd? He supports what the majority have indicated. He believes this should move forward. Vice Mayor Romelus replied she was not making this decision based on what the Town of Ocean Ridge feels or what they propose. What she does want to reiterate, the City has just opened up a dog park, the developer was planning on expanding the foot print of the park. She believes this inconveniences the humans, because the City wants to allow for the dogs to frequent the beach. Ms. LaVerriere requested the Commission to prepare 12 questions for staff to review. Staff can bring something back in June to place some parameters to assign a budget. Ms. LaVerriere noted money can be pulled from the reserve account if necessary to address the need. Mayor Grant replied he understood staff needed time to make a presentation. Commissioner Casello noted he has taken offense to the first word which was used was the City might have to go into the reserves to get the money. He stated 60% of the people who voted on this were willing to pay the fee, this could be self-funded. Let's not use the word reserve. Mr. Ed Brooks, 15 East Ocean Avenue, stated the Commission was swapping a lot of ignorance. The City has a beach in a separate municipality. This was a complex issue. Indicated if the City was selling the beach the Town of Ocean Ridge was willing to purchase the beach. The Town of Ocean Ridge provides the City with policing. He takes offense with services the City provides; hopefully you are making a profit. The Town of Ocean Ridge was not being magnanimous. The County does not allow dogs on its 17 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 beaches, the Town of Ocean Ridge does now allow dog on the beach. If the Town of Ocean Ridge would allow this, they are saying to the residents of the Town of Ocean Ridge they must allow dogs on Ocean Ridge beaches. They are doing what is best for their town. Mayor Grant asked for a motion Motion Commissioner Casello moved to approve with the stipulation that there are some guidelines setup and implementation to bring back to the June meeting. Commissioner Katz seconded the motion. Vote 3-2 (Commissioner McCray and Vice Mayor Romelus dissenting) 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-068 - Authorize Mayor to sign an agreement with Florida Caribbean Architecture of Boynton Beach, FL for Project Management Services for the Town Square Project for a monthly amount of $15,200. Mayor Grant read the proposed Resolution R18-068 into the record by title only. Mr. Groff stated the City has worked with Anderson Slocombe, President of Florida Caribbean Architecture of Boynton Beach for past projects. Commissioner McCray inquired what the City was getting for $15,200 monthly. Mr. Groff replied that Anderson Slocombe would be the project manager; he would be the City's feet on the ground, reviewing the entire pay request, all field reviews, making sure the quality and procurement issues are handled. He would make sure all the problems are handled, which includes dealing with the public. Working with E21- solutions 2Lsolutions to make sure they are doing their job. Commissioner McCray indicated when this project came up, he was opposed to this project. He asked if Mr. Groff had completed a project of this magnitude. Commissioner McCray said this was a surprise. He believes the City should have staff personnel to take care of the project management portion of the project. Mr. Groff indicated these cost were included in the budget. Having a project manager insures all information was brought before the Commission. Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Mayor Grant noted Mr. Anderson was the project manager for Fire Station #5. Mr. Anderson Slocombe, President Florida Caribbean Architecture indicated he was the project manager for Fire Station 5, 2, 4, and the Intracoastal pavilion. Mayor Grant said he was glad this was not the first time he has held this type of position. Mr. Anderson replied he was a business owner for the past five years. Mayor Grant asked what Mr. Slocombe had learned doing the past projects and what would he bring to the City. Especially with the public -private -partnership and what will you bring, where you are going to be working with weekly and monthly reports. Mr. Slocombe responded he was here to make sure the City was getting what they were paying and looking out for the City interest in this project. Mayor Grant asked if Mr. Slocombe was a willing to work more than 40 hours weekly. Mr. Anderson replied he will give the City more than a 100%. Commissioner McCray indicated he was not questioning Mr. Anderson qualifications. Commissioner McCray inquired if there were any additional personnel being brought onboard for this project. Mr. Groff indicated staff does not anticipate any other positions. Mr. Groff explained there was a project team of about five people and Mr. Anderson will be there to represent the City of Boynton Beach interest. Commissioner Casello inquired of Mr. Slocombe if the projects which he oversaw did those project come in on time and on budget. Mr. Groff stated Mr. Slocombe was the project manager for Fire Station 5 and that project came in about $1 M under budget. Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. 19 Meeting Minutes City Commission Boynton Beach, Florida 12. LEGAL May 1, 2018 A. Approve proposed settlement and authorize payment of $50,000 to settle the case of Barry Goldman v. City of Boynton Beach. Mayor Grant asked if there was a shade session. Attorney Cherof responded there had been one in the past; and the settlement proposal was in the parameters which the Commission discussed. Commissioner Casello asked when the last time a case was litigated. Attorney Cherof replied it has not been in the past 5 years. Commissioner Casello indicated it was frustrating when the City continually settles these cases, because it was about the bottom line. The City has settled and paid hundreds of thousands of dollars. He stated let's get in there and fight. This was the wrong way to do business. This is tax payer money. Commissioner McCray asked if the funds were coming from the insurance company. Attorney Cherof replied not all of it. Attorney Cherof explained the Commission appropriates money every budget year to the Risk Department to settle or litigate cases. There was some excess coverage, which covers risk which was greater than a certain amount, which the City pays premiums. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote 4- 1 (Commissioner Casello dissenting). B. PROPOSED ORDINANCE NO. 18-007 - FIRST READING - Approve Amendments to Abandoned Personal and Real Property Code (10-51.5) - Amending the GARBAGE, TRASH, AND OFFENSIVE CONDITIONS, Chapter 10, Article III, Abandoned Property, Section 10-51.5; to clarify the definitions of default and mortgagee; and to clean up language as to when a registration is required. (Tabled to May 15, 2018) C. PROPOSED ORDINANCE NO. 18-008 - FIRST READING - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been 20 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Attorney Cherof read the proposed Ordinance #18-008 on the first reading into the record by title only. Mayor Grant asked when the last time the Fire Code was updated. Chief Glen Joseph, Fire Rescue, stated the last update was 2007. Chief Joseph introduced Fire Marshall Kline. Motion Commissioner McCray moved to approve. Vice Mayor Romelus seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 D. The Mayor has requested that legal update the Commission on opioid and gun lawsuits that are occurring around the state. Mayor Grant asked for an update on the lawsuits. Attorney Cherof indicated there are a number of lawsuits being litigated throughout the State. The Judge has placed these lawsuits on a fast track and a trial has been scheduled for 2019. There may be a window of opportunity to get a place in line. Attorney explained how the City could get into the litigation. The end result was there would be no out of pocket fees, as this would be on a contingency fee. Mayor Grant asked if the City would like to move forward with hiring a law firm or wait a few more months to see how the class action lawsuit was going. Commissioner Katz indicated there were already several Cities already engaged, it may be more cost effective to join in with other municipalities. Mayor Grant requested Attorney Cherof find the most cost effective way to deal with the litigation. 21 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 Attorney Cherof stated with respect to the firearms statutes which say the local government could not have any roles in gun laws regulations or rules, this was not about the prohibition of firearms; this was about safe practices regulation, safe practices associated with firearms. The penalty associated with local government, could result in civil penalty for supporting or passing any regulations or legislation regarding firearms, also removal from your office by the Governor. There are two cases challenging the gun laws. If any of those lawsuits are won, all cities in Florida win. Attorney Cherof stated he was representing some of the other municipalities and he could keep the City up to date on what was happening with the case. Commissioner Casello inquired if the lawsuit was about the preemptive local authority, or banning guns. Attorney Cherof explained the lawsuit was not about banning guns, it was about the authority under home rule for local legislature such as the Commission, to listen to the public and decide what was in the best interest of the community. Stated at this time this was completed barred by preemption. Mayor Grant was in favor of following this closely. There was consensus E. 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 to May 15, 2018) 13. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - May 2018 B. Approve Quantum Lakes Villas West Major Site Plan Modification (MSPM 17- 001) 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. - May 15, 2018 22 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 C. Approve Boynton Village & Town Center Master Plan Modification (MPMD 18- 002) to amend the previous approvals for SMU Parcel 1 from 115 single-family homes to 378 apartments and 55 townhomes, while reducing the total number of the approved residential unit allotment within the entire master plan from 1,120 to 1,115. Applicant: John Markey, JMK Developers. - May 15, 2018 D. Approve Cortina III Major Site Plan Modification (MSPM 18-003) to construct 378 apartments, 55 townhomes, and related site improvements on SMU Parcel 1 of the Boynton Village & Town Center master plan. Applicant: John Markey, JMK Developers. - May 15, 2018 E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park F. Commissioner Katz has requested the City Attorney to provide update on legal issues with QPODD — TBD G. 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 H. Staff to report on the possibility of the City beginning a Bike Share Program - May 15, 2018 I. Mayor Grant to discuss PBC Transportation Planning Agency, Nick Uhren, Executive Director will be present - May 15, 2018 J. Agreement for Textile Recycling Franchise Agreement with FLSC, LLC dba Florida Textile Recycling Program for an exclusive City -Wide program - May 15, 2018 K. Announce Budget Workshop dates and times: Public Input Budget Workshop, Tuesday, May 29, 2018 @ 6:30 P.M. at Intracoastal Park Clubhouse; and 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 23 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned 9:09 p.m. (Continued on next page) 24 Meeting Minutes City Commission Boynton Beach, Florida May 1, 2018 ATTEST Judith. -'X. Pyle, CMC City Clerk w s._.. Queenester Nieves Deputy City Clerk 25 CITX- 0 ACH Mayor - Steven B,. Grant Vice Mayo rjVCristina Romelus er — JustinX ission&'—Mack M Coihmissioner - Joe Casello